Sec. 1236. LIMITATION ON USE OF FUNDS TO VOTE TO APPROVE OR OTHERWISE ADOPT ANY IMPLEMENTING DECISION OF THE OPEN SKIES CONSULTATIVE COMMISSION AND RELATED REQUIREMENTS
914 words·~4 min read·
/statute-compilations/comps-13740/sec-1236A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 1236 LIMITATION ON USE OF FUNDS TO VOTE TO APPROVE OR OTHERWISE ADOPT ANY IMPLEMENTING DECISION OF THE OPEN SKIES CONSULTATIVE COMMISSION AND RELATED REQUIREMENTS ###
(a)Annual Report ####
(1)In general 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, and the Director of National Intelligence, shall submit to the appropriate congressional committees on a annual basis a report on all observation flights by all parties to the Open Skies Treaty, including the United States, under the Treaty during the preceding preceding calendar year. ####
(2)Contents The report required under paragraph
(1)shall include the following with respect to each such observation flight: #####
(A)A description of the flight path. #####
(B)In the case of an observation flight by the United States, including an observation flight over the territory of Russia— ######
(i)an analysis of data collected that supports United States intelligence and military collection goals; and ######
(ii)an assessment of data collected regarding military activity that could not be collected through other means. #####
(C)In the case of an observation flight over the territory of the United States— ######
(i)an analysis of whether and the extent to which any United States critical infrastructure was the subject of image capture activities of such observation flight; ######
(ii)an estimate for the mitigation costs imposed on the Department of Defense or other United States Government agencies by such observation flight; and ######
(iii)an assessment of how such information is used by the parties conducting the observation flight, for what purpose, and how the information fits into the overall collection posture. ####
(3)Sunset The requirements of this subsection shall terminate 5 years after the date of the enactment of this Act. ###
(b)Additional Limitation ####
(1)In general 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 may be used to carry out any activities to implement the Open Skies Treaty until the requirements described in paragraph
(2)are met. ####
(2)Requirements described The requirements described in this paragraph are the following: #####
(A)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: ######
(i)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 observation 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. ######
(ii)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 Treaty. ######
(iii)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. ######
(iv)Whether transitioning to such commercial imagery or other capabilities from the current imagery sharing through the 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. ######
(v)How such commercial imagery or other capabilities would compare to the current imagery sharing through the Treaty. #####
(B)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 a report that— ######
(i)details the costs for implementation of the Open Skies Treaty, including— ######
(I)mitigation costs relating to national security; and ######
(II)aircraft, sensors, and related overhead and implementation costs for covered state parties; and ######
(ii)describes the impact on contributions and participation 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. ###
(c)Form Each report required under this section shall be submitted in unclassified form, but may contain a classified annex if necessary. ###
(d)Definitions In this section: ####
(1)Appropriate congressional committees The term “appropriate congressional committees” means— #####
(A)the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and #####
(B)the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. ####
(2)Covered state party The term “covered state party” means a foreign country that— #####
(A)is a state party to the Open Skies Treaty; and #####
(B)is a United States ally. ####
(3)Observation flight The term “observation flight” has the meaning given such term in Article II of the Open Skies Treaty. ####
(4)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. ####
(5)Sensor The term “sensor” has the meaning given such term in Article II of the Open Skies Treaty.