Open Skies Treaty Compliance Assurance Act

Summary: Open Skies Treaty Compliance Assurance Act This bill prohibits funds from being obligated or expended to aid the certification or approval of any new sensor, including to carry out an initial or exhibition observation flight of an observation aircraft, for use by the Russian Federation on observation flights under the Treaty on Open Skies unless the President certifies to Congress that:   the new sensor's capabilities do not exceed capabilities imposed by the treaty and safeguards are in place to prevent the sensor or any information obtained from being used in any way not permitted by the treaty;   mitigation measures are in place regarding collection by such sensor of high-value U.S. assets and critical infrastructure;  each covered state party has been briefed on intelligence concerns regarding upgraded sensors used under the treaty, Russian Federation war fighting doctrine, and related intelligence collection; and   the Russian Federation is in compliance with all of its treaty obligations, including the obligation to permit properly notified covered state party observation flights over all of Moscow, Chechnya, Abkhazia, South Ossetia, and Kaliningrad.  Certification is required for each sensor and platform for which the Russian Federation has requested approval under the treaty. The President may waive the requirement of Russian compliance with treaty obligations by certifying that sensor certification or approval is in U.S. national security interests. Such certification must include the date such compliance is expected and a description of U.S. efforts to achieve it. &quot;Covered state party&quot; means a foreign country that is a state party to the treaty and a U.S. ally.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Open Skies Treaty Compliance 
Assurance Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Armed Services, the Committee 
                on Foreign Relations, and the Select Committee on 
                Intelligence of the Senate; and
                    (B) the Committee on Armed Services, the Committee 
                on Foreign Affairs, and the Permanent Select Committee 
                on Intelligence of the House of Representatives.
            (2) Covered state party.--The term ``covered state party'' 
        means a foreign country that--
                    (A) is a state party to the Open Skies Treaty; and
                    (B) is a United States ally.
            (3) Intelligence community.--The term ``intelligence 
        community'' has the meaning given that term in section 3 of the 
        National Security Act of 1947 (50 U.S.C. 3003).
            (4) Observation aircraft, observation flight, and sensor.--
        The terms ``observation aircraft'', ``observation flight'', and 
        ``sensor'' have the meanings given such terms in Article II of 
        the Open Skies Treaty.
            (5) Open skies treaty.--The term ``Open Skies Treaty'' 
        means the Treaty on Open Skies, done at Helsinki March 24, 
        1992, and entered into force January 1, 2002.

SEC. 3. CERTIFICATION OF NEW SENSORS.

    (a) Limitation.--Notwithstanding any other provision of law, no 
funds may be obligated or expended to aid, support, permit, or 
facilitate the certification or approval of any new sensor, including 
to carry out an initial or exhibition observation flight of an 
observation aircraft, for use by the Russian Federation on observation 
flights under the Open Skies Treaty unless the President, in 
consultation with the Secretary of State, the Secretary of Defense, the 
Secretary of Homeland Security, and the Director of National 
Intelligence, submits to the appropriate committees of Congress the 
certification described in subsection (b)(1).
    (b) Certification.--
            (1) In general.--The certification described in this 
        subsection is a certification for a new sensor referred to in 
        subsection (a) that--
                    (A) the capabilities of the new sensor do not 
                exceed the capabilities imposed by the Open Skies 
                Treaty, and safeguards are in place to prevent the new 
                sensor, or any information obtained therefrom, from 
                being used in any way not permitted by the Open Skies 
                Treaty;
                    (B) the Secretary of Defense, the commanders of 
                relevant combatant commands, the directors of relevant 
                elements of the intelligence community, and the Federal 
                Bureau of Investigation have in place mitigation 
                measures with respect to collection against high-value 
                United States assets and critical infrastructure by the 
                new sensor;
                    (C) each covered state party has been notified and 
                briefed on concerns of the intelligence community 
                regarding upgraded sensors used under the Open Skies 
                Treaty, Russian Federation warfighting doctrine, and 
                intelligence collection in support thereof; and
                    (D) the Russian Federation is in compliance with 
                all of its obligations under the Open Skies treaty, 
                including the obligation to permit properly notified 
                covered state party observation flights over all of 
                Moscow, Chechnya, Abkhazia, South Ossetia, and 
                Kaliningrad.
            (2) Specific sensor approval.--The certification described 
        in paragraph (1) shall be required for each sensor and platform 
        for which the Russian Federation has requested approval under 
        to the Open Skies Treaty.
    (c) Waiver Authority.--
            (1) In general.--The President may waive the requirements 
        of subparagraph (D) of subsection (b)(1) if, not later than 30 
        days prior to certifying or approving a new sensor for use by 
        the Russian Federation on observation flights under the Open 
        Skies Treaty, the President submits a certification to the 
        appropriate committees of Congress that the certification or 
        approval of the new sensor is in the national security interest 
        of the United States that includes the following:
                    (A) A written explanation of the reasons it is in 
                the national security interest of the United States to 
                certify or approve the sensor.
                    (B) The date that the President expects the Russian 
                Federation to come into full compliance with all of its 
                Open Skies Treaty obligations, including the overflight 
                obligations described in subparagraph (D) of subsection 
                (b)(1).
                    (C) A detailed description of efforts made by the 
                United States Government to bring the Russian 
                Federation into full compliance with the Open Skies 
                Treaty.
            (2) Form.--Each certification submitted under paragraph (1) 
        shall be submitted in unclassified form, but may include a 
        classified annex.