Title: A resolution calling for the withdrawal of the United States from the Open Skies Treaty, and for other purposes.
Policy area: International Affairs

Summary:
This resolution calls for the United States to withdraw from the Open Skies Treaty, which allows participating countries to fly unarmed observation aircraft over each other's territory and places various limits and requirements on such flights. The resolution also states that the United States should declassify intelligence and assessments regarding Russian exploitation of the treaty.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 388 Introduced in Senate (IS)]

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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 critical 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
Whereas participating in the Open Skies Treaty costs the United States hundreds 
        of millions of dollars in unnecessary spending: Now, therefore, be it
    Resolved, That--
            (1) the United States Government should declassify to the 
        maximum extent possible, without materially or immediately 
        threatening the security of the United States, its intelligence 
        and assessments regarding Russian exploitation of the Open 
        Skies Treaty to undermine United States national security; and
            (2) the United States should withdraw from the Open Skies 
        Treaty.
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