S.Amdt. 970

SA 970. Mr. RISCH 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 XVI, add the following:

SEC. 1641. MEASURES IN RESPONSE TO NONCOMPLIANCE OF RUSSIAN
FEDERATION WITH OPEN SKIES TREATY.

(a) Findings.--Congress makes the following findings:
(1) In fiscal year 2017, the Department of Defense
estimated that it would spend about $44,000,000 on the costs
of implementation of the Open Skies Treaty. That includes
maintaining and operating a fleet of two Open Skies OC-135
aircraft with accompanying facilities, services, and sensors,
training and deploying Air Force flight crews, planning and
conducting 18 flights, including training and observation,
training and deploying United States observers during Open
Skies flights conducted by the Russian Federation over United
States territory, acquisition and fielding of two digital
visual imaging systems digital electro-optical sensors, and
more.
(2) Lieutenant General Vincent Stewart, Director of the
Defense Intelligence Agency, stated in a hearing before the
Committee on Armed Services of the House of Representatives
on February 3, 2015, ``The Open Skies construct was designed
for a different era. I am very concerned about how it's
applied today.''. He stated in a hearing before the same
committee on March 2, 2016, that the Open Skies Treaty gives
the Russian Federation ``a significant advantage.''
(3) In a letter to the Committee on Armed Services of the
House of Representatives in April 2015, Admiral Cecil Haney,
then-commander of United States Strategic Command, stated
that, ``The treaty has become a critical component of
Russia's intelligence collection capability directed at the
United States. . . . In addition to overflying military
installations, Russian Open Skies flights can overfly and
collect on DoD and national security or national critical
infrastructure.''.
(4) The report of the Department of State entitled ``2017
Report on Adherence to and Compliance with Arms Control,
Nonproliferation, and Disarmament Agreements and
Commitments'' expressed numerous concerns with the compliance
of the Russian Federation with the Open Skies Treaty,
including enforcing limits on flights over the Kaliningrad
Oblast, denying flights near its border with the Georgian
regions of South Ossetia and Abkhazia since 2010, and
improperly applying the concept of ``force majeure'' to
restrict flights over personnel movements of the Government
of the Russian Federation. The Russian Federation also
improperly required Ukraine to pay in advance for its solo
flights, which may provide grounds for Ukraine to make a
determination of material breach.
(5) In response to a question about the participation of
the Russian Federation in the Open Skies Treaty before the
Committee on Armed Services of the Senate on June 13, 2017,
Secretary of Defense James Mattis stated, ``There certainly
appear to be violations of it.''.
(b) List of Legal Countermeasures.--The Secretary of
Defense, in consultation with the Secretary of State and the
Director of National Intelligence, shall submit to the
appropriate congressional committees a list of legal
countermeasures that--
(1) are available to the Department of Defense;
(2) are compliant with the Open Skies Treaty; and
(3) could be taken in response to the noncompliance of the
Russian Federation with the Treaty.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional defense committees;
(B) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives; and
(C) the Select Committee on Intelligence of the Senate and
the Permanent Select Committee on Intelligence of the House
of Representatives.
(2) 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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