Sec. 1232. MATTERS RELATING TO UNITED STATES PARTICIPATION IN THE OPEN SKIES TREATY
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## SEC. 1232 MATTERS RELATING TO UNITED STATES PARTICIPATION IN THE OPEN SKIES TREATY ###
(a)Sense of Congress It is the sense of Congress that— ####
(1)the decision of the United States to withdraw from the Open Skies Treaty, while taken in accordance with paragraph 2 of Article XV of the Treaty, did not comply with the requirement in section 1234(a) of the National Defense Authorization Act for Fiscal Year 2020 (133 Stat. 1648; 22 U.S.C. 2593a note) to notify Congress not fewer than 120 days prior to any such announcement; and ####
(2)in the future, confidence and security building measures that are designed to reduce the risk of conflict, increase trust among participating states, and contribute to military transparency should continue to play a central role in United States’ engagement with Europe and its efforts to promote transatlantic security. ###
(b)Notification Required ####
(1)In general Not later than 90 days after 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)a notification and description of any agreements that the United States has concluded 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 #####
(B)if the United States has not concluded any such 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. ####
(2)Submission of agreements Not later than 90 days after 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). ###
(c)Report ####
(1)In general Not later than March 1, 2021, 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 withdrawal of the United States from the Open Skies Treaty. ####
(2)Matters to be included The report required by paragraph
(1)shall include the following: #####
(A)A description of how the United States will replace the military-to-military contacts and diplomatic engagement opportunities with United States allies provided by the Treaty. #####
(B)A description of— ######
(i)the options available to the United States for obtaining unclassified, publicly-releasable imagery similar to that which it currently receives under the Treaty, and if any of those options are planned to be used; ######
(ii)if national technical means are used as a replacement to obtain such imagery— ######
(I)how the requirements previously satisfied by collection under the Treaty will be prioritized within the National Intelligence Priorities Framework; ######
(II)options for mitigating any gaps in collection should such mitigation be necessary, and if any of those options are planned to be used, and if none are necessary, an explanation of the rationale for not mitigating any such gaps; and ######
(III)requirements and timelines for declassification of imagery for public release; and ######
(iii)if commercial imagery is used as a replacement to obtain such imagery— ######
(I)contractual actions and associated timelines needed to purchase such imagery; ######
(II)estimated costs to purchase commercial imagery equivalent to that which is obtained under the Treaty; and ######
(III)estimates of costs to share such imagery with other state parties to the Treaty. #####
(C)A description of options available to the United States for replacing intelligence information, other than imagery, obtained pursuant to the implementation of the Treaty, and if any of those options are planned to be used. #####
(D)A description of the options available to the United States for continuing dialogue with Russia in a manner similar to the formal communications mechanisms provided for under the Treaty or that were used as confidence-building measures, and if any of those options are planned to be used. #####
(E)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. #####
(F)An assessment of the impact of such withdrawal on— ######
(i)United States leadership in the North Atlantic Treaty Organization (NATO); and ######
(ii)cohesion and cooperation among NATO member states. #####
(G)A description of options to continue confidence-building measures similar to those provided for under the Treaty with other state parties to the Treaty that are United States allies and which, if any, the United States may consider pursuing. #####
(H)An assessment by the Defense Intelligence Agency of the impact of such withdrawal on— ######
(i)its ability to assess Russian military capabilities and the balance of forces in Europe; and ######
(ii)the ability of Russia to assess United States military capabilities in the United States and in Europe. #####
(I)A description of the means the United States will use to influence future decisions regarding certifications of new sensors, such as synthetic aperture radar sensors, under the Treaty that could pose additional risk to deployed United States military forces and assets, and an assessment of their potential effectiveness. ####
(3)Form The report required by paragraph
(1)shall be submitted in unclassified form but may contain a classified annex. ###
(d)Definitions In this section: ####
(1)Appropriate congressional committees The term “appropriate congressional committees” means— #####
(A)the congressional defense committees; #####
(B)the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives; and #####
(C)the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate. ####
(2)Observation flight The term “observation flight” has the meaning given such term in Article II of the Open Skies Treaty. ####
(3)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.
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- 133 Stat. 1648
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Sec. 1232
MATTERS RELATING TO UNITED STATES PARTICIPATION IN THE OPEN SKIES TREATY
Stat.133 Stat. 1648
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