S.Amdt. 539

SA 539. Mr. CRUZ submitted an amendment intended to be proposed by
him to the bill H.R. 2810, to authorize appropriations for fiscal year
2018 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle D of title XII, add the following:

SEC. ___. LIMITATION ON OBSERVATION FLIGHTS OF THE RUSSIAN
FEDERATION OVER THE UNITED STATES UNDER THE
OPEN SKIES TREATY.

(a) In General.--No amounts authorized to be appropriated
by this Act may be used to aid, support, or permit in any
manner observation flights of the Russian Federation over the
United States under the Open Skies Treaty until the Secretary
of Defense certifies to Congress each of the following:
(1) That the Russian Federation has removed all
restrictions regarding access to observation flights of the
United States and other covered state parties over the
entirety of Russia in a manner that permits full
implementation of the observation rights provided to the
United States and covered state parties under the Open Skies
Treaty.
(2) That the Russian Federation provides the same Air
Traffic Control prioritization to observation aircraft from
the United States and covered state parties that it receives
from other participants under the Open Skies Treaty.
(3) That no upgraded sensors will be employed in
observation flights of the Russian Federation or Belarus over
the United States under the Open Skies Treaty unless the
Russian Federation has agreed to the employment of advanced
sensors, consistent with the Open Skies Treaty, on United
States observation aircraft, and the United States has
deployed such sensors, for observation flights over Russia
under the Open Skies Treaty.
(b) Definitions.--In this section:
(1) 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.
(2) Observation aircraft, observation flight, and sensor.--
The terms ``observation aircraft'', ``observation flight'',
and ``sensor'' have the meanings given such terms in Article
II of the Open Skies Treaty.
(3) 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.
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