Sec. 1222. Limitation on use of funds with respect to certification of certain flights by the Russian Federation under the Treaty on Open Skies

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None of the funds authorized to be appropriated by this Act or any other Act may be used to authorize or permit a certification by the United States of a proposal by the Russian Federation to change any sensor package of an aircraft for a flight by the Russian Federation under the Open Skies Treaty, unless— the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, and the Director of National Intelligence jointly certify to the appropriate congressional committees that such proposal will not enhance the capability or potential of the Russian Federation to gather intelligence that poses an unacceptable risk to the national security of the United States or is not designed to be collected under such Treaty; and the Secretary of State certifies to the appropriate congressional committees that— the armed forces of the Russian Federation are no longer illegally occupying Ukrainian territory; the Russian Federation is no longer violating the INF Treaty; and the Russian Federation is in compliance with the CFE Treaty and has lifted its suspension of Russian observance of its treaty obligations.

The President may waive the requirement of the Secretary of State to make a certification described in subsection (a)(2) with respect to a proposal by the Russian Federation if the President determines that it is in the national security interests of the United States to do so and submits to the appropriate congressional committees a report that contains the reasons for such determination. The President may not authorize or permit a certification by the United States for which the certifications required by paragraphs

(1)and

(2)of subsection

(a)are made until the expiration of a 90-day period beginning on the date on which the certification required by such paragraph

(1)or the certification required by such paragraph

(2)is submitted to the appropriate congressional committees, whichever occurs later. In this section: The term appropriate congressional committees means— the congressional defense committees; the Select Committee on Intelligence and the Committee on Foreign Relations of the Senate; and the Permanent Select Committee on Intelligence and the Committee on Foreign Affairs of the House of Representatives. The term CFE Treaty means the Treaty on Conventional Armed Forces in Europe, signed at Paris November 19, 1990, and entered into force July 17, 1992. The term INF Treaty means the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Elimination of Their Intermediate-Range and Shorter-Range Missiles, commonly referred to as the Intermediate-Range Nuclear Forces

(INF)Treaty, signed at Washington December 8, 1987, and entered into force June 1, 1988. The term Open Skies Treaty means the Treaty on Open Skies, done at Helsinki March 24, 1992, and entered into force January 1, 2002.