Sec. 1231. Limitation on use of funds to approve or otherwise permit approval of certain requests by Russian Federation under Open Skies Treaty
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In this section: The term appropriate congressional committees means— the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. The term covered state party means a foreign country that— is a state party to the Open Skies Treaty; and is a United States ally.
The terms observation aircraft , observation flight , and sensor have the meanings given such terms in Article II of the 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. None of the funds authorized to be appropriated or otherwise made available by this Act or any other Act for fiscal year 2017 or any subsequent fiscal year may be used to approve or otherwise permit the approval of a request by the Russian Federation to carry out an initial or exhibition observation flight or certification event of an observation aircraft on which is installed an upgraded sensor with infrared or synthetic aperture radar capability over the territory of the United States or over the territory of a covered state party under the Open Skies Treaty unless and until the Secretary of Defense, jointly with the Secretary of State, the Secretary of Energy, the Secretary of Homeland Security, the Director of the Federal Bureau of Investigation, the Director of National Intelligence, and the commander of U.S.
Strategic Command and the Commander of U.S. Northern Command in the case of a flight over the territory of the United States and the Commander of U.S. European Command in the case of other flights, submits to the appropriate congressional committees the following: A certification that— the Russian Federation— is taking no action that is inconsistent with the terms of the Open Skies Treaty; is not exceeding the imagery limits set forth in the Treaty; and is allowing overflights by covered state parties over all of Moscow, Chechnya, Abkhazia, South Ossetia, and Kaliningrad without restriction and without inconsistency to requirements under the Open Skies Treaty; and covered state parties have been notified and briefed on concerns of the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )) regarding upgraded sensors used under the Open Skies Treaty.
A report on the Open Skies Treaty that includes the following: The annual costs to the United States associated with countermeasures to combat potential abuses of Russian flights carried out under the Open Skies Treaty over European and United States territories with a sensor described in paragraph (1)(B). A plan to replace the Open Skies Treaty architecture with a more robust sharing of overhead commercial imagery, consistent with United States national security, with covered state parties, excluding the Russian Federation.
An evaluation by the Director of National Intelligence of matters concerning how an observation flight described in subparagraph
(A)could implicate intelligence activities of the Russian Federation in the United States and United States counterintelligence activities and vulnerabilities. An assessment of how such information is used by the Russian Federation, for what purpose, and how the information fits into the Russian Federation’s overall collection posture. Not later than 14 days after the completion of an observation flight over the United States, the Secretary of Defense, jointly with the Secretary of Energy, the Secretary of Homeland Security, the Director of the Federal Bureau of Investigation, and the Director of National Intelligence, shall notify the appropriate congressional committees of such flight. Notice submitted for a flight pursuant to paragraph
(1)shall include the following: A description of the flight path. An analysis of whether and the extent to which any United States critical infrastructure was the subject of image capture activities of such flight. An estimate for the mitigation costs imposed on the Department of Defense or other United States Government agencies by such flight. An assessment of how such information is used by the Russian Federation, for what purpose, and how the information fits into the Russian Federation’s overall collection posture. Not more than 65 percent of the funds authorized to be appropriated or otherwise made available by this Act or any other Act for fiscal year 2017 year may be used to carry out any activities to implement the Open Skies Treaty until the requirements described in paragraph
(2)are met. The requirements described in this paragraph are the following: The Director of National Intelligence and the Director of the National Geospatial-Intelligence Agency jointly submit to the appropriate congressional committees a report on the following: Whether it is possible, consistent with United States national security interests, to provide enhanced access to United States commercial imagery or other United States capabilities, consistent with the protection of sources and methods and United States national security, to covered state parties that is qualitatively similar to that derived by flights over the territory of the United States or over the territory of a covered state party under the Open Skies Treaty, on a more timely basis. What the cost would be to provide enhanced access to such commercial imagery or other capabilities as compared to the current imagery sharing through the Open Skies Treaty. Whether any new agreements would be needed to provide enhanced access to such commercial imagery or other capabilities and what would be required to obtain such agreements. Whether transitioning to such commercial imagery or other capabilities from the current imagery sharing through the Open Skies Treaty would reduce opportunities by the Russian Federation to exceed imagery limits and reduce utility for Russian intelligence collection against the United States or covered state parties. How such commercial imagery or other capabilities would compare to the current imagery sharing through the Open Skies Treaty. The Secretary of State, in consultation with the Director of the National Geospatial Intelligence Agency and the Secretary of Defense, submits to the appropriate congressional committees an unclassified report that— details the costs for implementation of the Open Skies Treaty, including— mitigation costs relating to national security; and aircraft, sensors, and related overhead and treaty implementation costs for covered state parties; and describes the impact on contributions by covered state parties and relationships among covered state parties in the context of the Open Skies Treaty, the North Atlantic Treaty Organization, and any other venues for United States partnership dialogue and activity.
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Sec. 1231
Limitation on use of funds to approve or otherwise permit approval of certain requests by Russian Federation under Open Skies Treaty
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