A resolution calling for the withdrawal of the United States from the Open Skies Treaty, and for other purposes.

III 116TH CONGRESS 1ST SESSION S. RES. 388 Calling for the withdrawal of the United States from the Open Skies Treaty, and for other purposes. IN THE SENATE OF THE UNITED STATES OCTOBER 30, 2019 Mr. CRUZ (for himself and Mr. COTTON) submitted the following resolution; which was referred to the Committee on Foreign Relations RESOLUTION Calling for the withdrawal of the United States from the Open Skies Treaty, and for other purposes. Whereas the Department of State has repeatedly assessed and documented in its annual report on Adherence to and Compliance with Arms Control, Nonproliferation, and Disarmament Agreements and Commitments, that Russia is violating the Treaty on Open Skies, done at Helsinki March 24, 1992, and entered into force January 1, 2002 (commonly known as the ‘‘Open Skies Treaty’’); Whereas, in 2015, Director of the Defense Intelligence Agen- cy, Lieutenant General Vincent R. Stewart, testified to Congress that ‘‘[t]he Open Skies construct was designed for a different era,’’ and in 2016, that the treaty allows Russia ‘‘to get incredible foundational intelligence on crit- VerDate Sep 11 2014 23:04 Oct 30, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\SR388.IS SR388 kjohnson on DSK79L0C42 with BILLS 2 •SRES 388 IS ical infrastructure, bases, ports, all of our facilities’’ and provides Russia with ‘‘a significant advantage’’; Whereas, in 2016, the Commander of the United States Stra- tegic Command, Admiral Cecil Haney, testified to Con- gress that the Open Skies Treaty gives Russia ‘‘a capa- bility to be able to reconnoiter parts of our country and other nations’’; Whereas, in 2017, the Chairman of the Joint Chiefs of Staff, General Joseph Dunford, testified to Congress that ‘‘we don’t believe the treaty should be in place if the Russians aren’t complying’’; Whereas the government of the Russian Federation has re- cently used the Open Skies Treaty for surveillance of major American cities and infrastructure, including Washington, DC, and New York City; Whereas the government of the Russian Federation has in- stalled advanced digital technology for use in Open Skies flights, enhancing its surveillance and espionage capabili- ties; Whereas the government of the Russian Federation has lim- ited and at times outright denied access for surveillance flights by the United States and other countries; Whereas Congress has repeatedly sought to limit implementa- tion of the Open Skies Treaty in response to Russian treaty violations, including in the John S. McCain Na- tional Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232); Whereas the United States Government has developed and deployed technology so that it does not gain significant additional intelligence from participating in the Open Skies Treaty; and VerDate Sep 11 2014 23:04 Oct 30, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6300 E:\BILLS\SR388.IS SR388 kjohnson on DSK79L0C42 with BILLS 3 •SRES 388 IS Whereas participating in the Open Skies Treaty costs the United States hundreds of millions of dollars in unneces- sary spending: Now, therefore, be it Resolved, That— 1 (1) the United States Government should de- 2 classify to the maximum extent possible, without 3 materially or immediately threatening the security of 4 the United States, its intelligence and assessments 5 regarding Russian exploitation of the Open Skies 6 Treaty to undermine United States national secu- 7 rity; and 8 (2) the United States should withdraw from the 9 Open Skies Treaty. 10 Æ VerDate Sep 11 2014 23:04 Oct 30, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\SR388.IS SR388 kjohnson on DSK79L0C42 with BILLS