Sec. 1234. UNITED STATES PARTICIPATION IN OPEN SKIES TREATY

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## SEC. 1234 UNITED STATES PARTICIPATION IN OPEN SKIES TREATY ###

(a)Notification Required **[**[22 U.S.C. 2593a note](/us/usc/t22/s2593a)**]** Not later than 120 days before the provision of notice of intent to withdraw the United States from the Open Skies Treaty to either treaty depository pursuant to Article XV of the Treaty, the Secretary of Defense and the Secretary of State shall jointly submit to the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a notification that— ####

(1)such withdrawal is in the best interests of the United States national security; and ####

(2)the other state parties to the Treaty have been consulted with respect to such withdrawal. ###

(b)Repeal of Limitation on Use of Funds to Vote to Approve or Otherwise Adopt Any Implementing Decision of the Open Skies Consultative Commission and Modifications to Report ####

(1)In general Section 1236 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2491) is amended— #####

(A)by striking subsections

(a)and (b); and #####

(B)by redesignating subsections (c), (d), (e), and

(f)as subsections (a), (b), (c), and (d), respectively. ####

(2)Modifications to report Subsection

(a)of such section, as so redesignated, is amended— #####

(A)in the heading, by striking “Quarterly” and inserting “Annual”; #####

(B)in paragraph (1)— ######

(i)by inserting “the Secretary of State,” before “the Secretary of Energy”; ######

(ii)by striking “quarterly basis” and inserting “annual basis”; ######

(iii)by striking “by the Russian Federation over the United States” and inserting “by all parties to the Open Skies Treaty, including the United States, under the Treaty”; and ######

(iv)by striking “calendar quarter” and inserting “preceding calendar year”; and #####

(C)in paragraph (2), by striking subparagraphs (B), (C), and

(D)and inserting the following: > > ##### “(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)Form Subsection

(c)of such section, as so redesignated, is amended by striking “certification, report, and notice” and inserting “report”. ####

(4)Definitions Subsection

(d)of such section, as so redesignated, is amended— #####

(A)by striking paragraphs

(3)and (6); and #####

(B)by redesignating paragraphs (4), (5), and

(7)as paragraphs (3), (4), and (5), respectively. ###

(c)Open Skies: Implementation Plan Section 1235(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1660) is amended— ####

(1)in paragraph (1)— #####

(A)by striking “during such fiscal year” and inserting “during a calendar year”; and #####

(B)by striking “the President submits” and all that follows and inserting “the Secretary of Defense provides to the appropriate congressional committees a report on a plan described in paragraph

(2)with respect to such calendar year.”; ####

(2)in paragraph (2), by striking “such fiscal year” and inserting “such calendar year”; and ####

(3)in paragraph (3), by striking “a fiscal year and submit the updated plan” and inserting “a calendar year and provide a report on the updated plan”. ###

(d)Definition of Open Skies Treaty; Treaty **[**[22 U.S.C. 2593a note](/us/usc/t22/s2593a)**]** In this section, 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.

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