Sec. 1234. United States participation in the Open Skies Treaty
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Upon withdrawal of the United States from the Open Skies Treaty pursuant to Article XV of the Treaty, the Secretary of Defense and the Secretary of State shall jointly submit to the appropriate congressional committees— a notification that the United States has concluded agreements with other state parties to the Treaty that host United States military forces and assets to ensure that after such withdrawal the United States will be provided sufficient notice by such state parties of requests for observation flights over the territories of such state parties under the Treaty; or if the United States has not concluded the agreements described in subparagraph (A), a description of how the United States will consistently and reliably be provided with sufficient warning of observation flights described in subparagraph
(A)by other means, including a description of assets and personnel and policy implications of using such other means. Upon withdrawal of the United States from the Open Skies Treaty pursuant to Article XV of the Treaty, the Secretary of Defense and the Secretary of State shall jointly submit to the appropriate congressional committees copies of the agreements described in paragraph (1)(A). Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of State, in coordination with the Director of National Intelligence and the Under Secretary of Defense for Intelligence and Security, shall jointly submit to the appropriate congressional committees a report on the effects of a potential withdrawal of the United States from the Open Skies Treaty. The report required by paragraph
(1)shall include the following: A description of how the United States will replace benefits of cooperation with United States allies under the Treaty. A description of— how the United States will obtain unclassified, publicly-releasable imagery it currently receives under the Treaty; if national technical means are used as a replacement to obtain such imagery— how the requirements satisfied by collection under the Treaty will be prioritized within the National Intelligence Priorities Framework; a plan to mitigate any gaps in collection; and requirements and timelines for declassification of data for public release; and if commercial imagery is used as a replacement to obtain such imagery— contractual actions and associated timelines needed to purchase such imagery; costs to purchase commercial imagery equivalent to that which is obtained under the Treaty; and estimates of costs to share that data with other state parties to the Treaty that are United States partners. A description of how the United States will replace intelligence information, other than imagery, obtained under the Treaty. A description of how the United States will ensure continued dialogue with Russia in a manner similar to formal communications as confidence-building measures to reinforce strategic stability required under the Treaty. All unedited responses to the questionnaire provided to United States allies by the United States in 2019 and all official statements provided to the United States by United States allies in 2019 or 2020 relating to United States withdrawal from the Treaty. An assessment of the impact of such withdrawal on— United States leadership in the North Atlantic Treaty Organization (NATO); and cohesion and cooperation among NATO member states. A description of options to continue confidence-building measures under the Treaty with other state parties to the Treaty that are United States allies. An assessment of the Defense Intelligence Agency of the impact on national security of such withdrawal. An assessment of how the United States will influence decisions regarding certifications of new sensors, primarily synthetic aperture radar sensors, under the Treaty that could pose additional risk to deployed United States military forces and assets. The report required by paragraph
(1)shall be submitted in unclassified form but may contain a classified annex. In this section: The term appropriate congressional committees means— the congressional defense committees; the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives; and the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate. The term observation flight has the meaning given such term in Article II of the Open Skies 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.