III 

116TH CONGRESS 

1ST SESSION S. RES. 388 

Calling for the withdrawal of the United States from the Open Skies Treaty, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 30, 2019 

Mr. CRUZ (for himself and Mr. COTTON) submitted the following resolution; 

which was referred to the Committee on Foreign Relations 

RESOLUTION 

Calling for the withdrawal of the United States from the 

Open Skies Treaty, and for other purposes. 

Whereas the Department of State has repeatedly assessed 

and documented in its annual report on Adherence to 

and Compliance with Arms Control, Nonproliferation, 

and Disarmament Agreements and Commitments, that 

Russia is violating the Treaty on Open Skies, done at 

Helsinki March 24, 1992, and entered into force January 

1, 2002 (commonly known as the ‘‘Open Skies Treaty’’); 

Whereas, in 2015, Director of the Defense Intelligence Agency, Lieutenant General Vincent R. Stewart, testified to 

Congress that ‘‘[t]he Open Skies construct was designed 

for a different era,’’ and in 2016, that the treaty allows 

Russia ‘‘to get incredible foundational intelligence on critVerDate Sep 11 2014 23:04 Oct 30, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\SR388.IS SR388

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•SRES 388 IS 

ical infrastructure, bases, ports, all of our facilities’’ and 

provides Russia with ‘‘a significant advantage’’; 

Whereas, in 2016, the Commander of the United States Strategic Command, Admiral Cecil Haney, testified to Congress that the Open Skies Treaty gives Russia ‘‘a capability to be able to reconnoiter parts of our country and 

other nations’’; 

Whereas, in 2017, the Chairman of the Joint Chiefs of Staff, 

General Joseph Dunford, testified to Congress that ‘‘we 

don’t believe the treaty should be in place if the Russians 

aren’t complying’’; 

Whereas the government of the Russian Federation has recently used the Open Skies Treaty for surveillance of 

major American cities and infrastructure, including 

Washington, DC, and New York City; 

Whereas the government of the Russian Federation has installed advanced digital technology for use in Open Skies 

flights, enhancing its surveillance and espionage capabilities; 

Whereas the government of the Russian Federation has limited and at times outright denied access for surveillance 

flights by the United States and other countries; 

Whereas Congress has repeatedly sought to limit implementation of the Open Skies Treaty in response to Russian 

treaty violations, including in the John S. McCain National Defense Authorization Act for Fiscal Year 2019 

(Public Law 115–232); 

Whereas the United States Government has developed and 

deployed technology so that it does not gain significant 

additional intelligence from participating in the Open 

Skies Treaty; and 


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•SRES 388 IS 

Whereas participating in the Open Skies Treaty costs the 

United States hundreds of millions of dollars in unnecessary spending: Now, therefore, be it 

1 Resolved, That— 

2 (1) the United States Government should de3 classify to the maximum extent possible, without 

4 materially or immediately threatening the security of 

5 the United States, its intelligence and assessments 

6 regarding Russian exploitation of the Open Skies 

7 Treaty to undermine United States national secu8 rity; and 

9 (2) the United States should withdraw from the 

10 Open Skies Treaty. 

Æ 


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