Title: Open Skies Treaty Stability Act
Policy area: International Affairs

Summary:
Open Skies Treaty Stability Act
This bill prohibits the President from suspending, terminating, or withdrawing the United States from the Open Skies Treaty, unless the Department of Defense and the Department of State jointly certify to Congress that (1) Russia is in material breach of the treaty and is not taking steps to return to compliance, (2) withdrawal from the treaty is in the best interests of U.S. national security, (3) there is a comprehensive strategy to mitigate against reduced military transparency, and (4) other countries that are party to the treaty have been consulted as to Russia's breach and U.S. intentions to withdraw. (The treaty allows participating countries to fly unarmed observation aircraft over each other's territory and places various limits and requirements on such flights.)

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5149 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 5149

   To prohibit actions to suspend, terminate, or withdraw the United 
                   States from the Open Skies Treaty.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 18, 2019

Mr. Panetta (for himself, Mr. Bacon, Mr. Hastings, and Mr. Fortenberry) 
 introduced the following bill; which was referred to the Committee on 
                            Foreign Affairs

_______________________________________________________________________

                                 A BILL


 
   To prohibit actions to suspend, terminate, or withdraw the United 
                   States from the Open Skies Treaty.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Open Skies Treaty is a vital component of joint 
        international arms control agreements.
            (2) The Open Skies Treaty provides signatories with the 
        ability to conduct short-notice, unarmed reconnaissance flights 
        over the territories of other signatories to gather information 
        through aerial imaging on military forces and activities of 
        concern.
            (3) The Open Skies Treaty aims to build confidence among 
        signatories through participation in overflights.
            (4) Open Skies Treaty observation missions contribute to 
        greater transparency and stability in the Euro-Atlantic region, 
        benefitting both the United States and United States allies and 
        partners.
            (5) In May 2018, Secretary of Defense Jim Mattis affirmed 
        the Open Skies Treaty is an important mechanism for engaging 
        with United States allies and partners, and it is in our 
        Nation's best interest to remain a party to the Open Skies 
        Treaty.
            (6) In December 2018, the United States, along with Canada, 
        the United Kingdom, France, Germany, and Romania, demonstrated 
        that Open Skies Treaty mechanisms can be used during times of 
        crisis.
            (7) Following Russia's unprovoked attack on Ukrainian 
        vessels near the Kerch Strait, the United States and United 
        States allies conducted an ``extraordinary'' Open Skies Treaty 
        observation mission over Ukraine to reaffirm commitment to 
        Ukraine.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the United States should forcefully address Russian 
        violations of its obligations under the Open Skies Treaty;
            (2) due to the significant benefits that observation 
        missions under the Open Skies Treaty provide to the United 
        States and United States allies, the United States should 
        commit to continued participation in the Treaty; and
            (3) the President should not withdraw the United States 
        from the Open Skies Treaty.

SEC. 4. STATEMENT OF POLICY.

    It is the policy of the United States--
            (1) to continue to fulfill its obligations under the Open 
        Skies Treaty; and
            (2) consistent with section 5, to reject any efforts to 
        withdraw the United States from the Open Skies Treaty, or to 
        indirectly withdraw from the Open Skies Treaty in a manner that 
        creates a de facto withdrawal.

SEC. 5. PROHIBITION ON ACTIONS TO SUSPEND, TERMINATE, OR WITHDRAW THE 
              UNITED STATES FROM THE OPEN SKIES TREATY.

    The President may not take any action to suspend, terminate, or 
withdraw the United States from the Open Skies Treaty unless, not later 
than 180 days before such action is to take effect, the Secretary of 
Defense and the Secretary of State jointly determine and certify to the 
appropriate congressional committees that--
            (1) Russia is in material breach of its obligations under 
        the Open Skies Treaty and is not taking steps to return to 
        compliance with such obligations, and all other state parties 
        to the Open Skies Treaty have been consulted with respect to 
        such determination of the Secretaries;
            (2) withdrawing from the Open Skies Treaty would be in the 
        best interests of United States national security and the other 
        state parties to the Open Skies Treaty have been consulted with 
        respect to such withdrawal; and
            (3) a comprehensive strategy to mitigate against reduced 
        military transparency, including potential new multilateral 
        confidence building measures, has been developed.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the congressional defense committees (as such 
                term is defined in section 101 of title 10, United 
                States Code); and
                    (B) the Committee on Foreign Affairs of the House 
                of Representatives and the Committee on Foreign 
                Relations of the Senate.
            (2) Open skies treaty; treaty.--The term ``Open Skies 
        Treaty'' or ``Treaty'' means the Treaty on Open Skies, done at 
        Helsinki March 24, 1992, and entered into force January 1, 
        2002.
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