[Congressional Record Volume 141, Number 200 (Friday, December 15, 1995)]
[Senate]
[Pages S18737-S18738]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    EXECUTIVE REPORTS OF COMMITTEES

  The following executive report of committee was submitted:

       By Mr. HELMS, from the Committee on Foreign Relations:
       Treaty Doc. 103-1 Treaty Between the United States of 
     America and the Russian Federation on Further Reduction and 
     Limitation of Strategic Offensive Arms (the START II Treaty) 
     (Executive Report 104-10):

   Text of the Committee Recommended Resolution of Advice and Consent

       Resolved (two-thirds of the Senators present concurring 
     therein), That (a) the Senate advise and consent to the 
     ratification of the Treaty Between the United States of 
     America and the Russian Federation on Further Reduction and 
     Limitation of Strategic Offensive Arms, signed at Moscow on 
     January 3, 1993, including the following protocols and 
     memorandum of understanding, all such documents being 
     integral parts of and collectively referred to as the ``START 
     II Treaty'' (contained in Treaty Document 103-1), subject to 
     the conditions of subsection (b) and the declarations of 
     subsection (c):
       (1) The Protocol on Procedures Governing Elimination of 
     Heavy ICBMs and on Procedures Governing Conversion of Silo 
     Launchers of Heavy ICBMs Relating to the Treaty Between the 
     United States of America and the Russian Federation on 
     Further Reduction and Limitation of Strategic Offensive Arms 
     (also known as the ``Elimination and Conversion Protocol'').
       (2) The Protocol on Exhibitions and Inspections of Heavy 
     Bombers Relating to the Treaty Between the United States and 
     the Russian Federation on Further Reduction and Limitation of 
     Strategic Offensive Arms (also known as the ``Exhibitions and 
     Inspections Protocol'').
       (3) The Memorandum of Understanding on Warhead Attribution 
     and Heavy Bomber Data Relating to the Treaty Between the 
     United States of America and the Russian Federation on 
     Further Reduction and Limitation of Strategic Offensive Arms 
     (also known as the ``Memorandum on Attribution'').
       (b) Conditions.--The advice and consent of the Senate to 
     the ratification of the START 

[[Page S18738]]
     II Treaty is subject to the following conditions, which shall be 
     binding upon the President:
       (1) Noncompliance.--If the President determines that a 
     party to the Treaty Between the United States of America and 
     the Union of Soviet Socialist Republics on the Reduction and 
     Limitation of Strategic Offensive Arms, signed at Moscow on 
     July 3, 1991 (in this resolution referred to as the ``START 
     Treaty'') or to the START II Treaty is acting in a manner 
     that is inconsistent with the object and purpose of the 
     respective Treaty or is in violation of either the START or 
     START II Treaty so as to threaten the national security 
     interests of the United States, then the President shall--
       (A) consult with and promptly submit a report to the Senate 
     detailing the effect of such actions on the START Treaties;
       (B) seek on an urgent basis a meeting at the highest 
     diplomatic level with the noncompliant party with the 
     objective of bringing the noncompliant party into compliance;
       (C) in the event that a party other than the Russian 
     Federation is determined not to be in compliance--
       (i) request consultations with the Russian Federation to 
     assess the viability of both START Treaties and to determine 
     if a change in obligations is required in either treaty to 
     accommodate the changed circumstances, and
       (ii) submit for the Senate's advice and consent to 
     ratification any agreement changing the obligations of the 
     United States; and
       (D) in the event that noncompliance persists, seek a Senate 
     resolution of support of continued adherence to one or both 
     of the START Treaties, notwithstanding the changed 
     circumstances affecting the object and purpose of one or both 
     of the START Treaties.
       (2) Treaty Obligations.--Ratification by the United States 
     of the START II Treaty obligates the United States to meet 
     the conditions contained in this resolution of ratification 
     and shall not be interpreted as an obligation by the United 
     States to accept any modification, change in scope, or 
     extension of the Treaty Between the United States of America 
     and the Union of Soviet Socialist Republics on the Limitation 
     of Anti-Ballistic Missile Systems, signed at Moscow on May 
     26, 1972 (commonly referred to as the ``ABM Treaty'').
       (3) Financing implementation.--The United States 
     understands that in order to be assured of the Russian 
     commitment to a reduction in arms levels, Russia must 
     maintain a substantial stake in financing the implementation 
     of the START II Treaty. The costs of implementing the START 
     II Treaty should be borne by both parties to the Treaty. The 
     exchange of instruments of ratification of the START II 
     Treaty shall not be contingent upon the United States 
     providing financial guarantees to pay for implementation of 
     commitments by Russia under the START II Treaty.
       (4) Exchange of letters.--The exchange of letters--
       (A) between Secretary of State Lawrence Eagleburger and 
     Minister of Foreign Affairs Andrey Kozyrev, dated December 
     29, 1992, regarding SS-18 missiles and launchers now on the 
     territory of Kazakstan,
       (B) between Secretary of State Eagleburger and Minister of 
     Foreign Affairs Kozyrev, dated December 29, 1992, and 
     December 31, 1992, regarding heavy bombers, and
       (C) between Minister of Defense Pavel Grachev and Secretary 
     of Defense Richard Cheney, dated December 29, 1992, and 
     January 3, 1993, making assurances on Russian intent 
     regarding the conversion and retention of 90 silo launchers 
     of RS-20 heavy intercontinental ballistic missiles (ICBMs) 
     (all having been submitted to the Senate as associated with 
     the START II Treaty),

     are of the same force and effect as the provisions of the 
     START II Treaty. The United States shall regard actions 
     inconsistent with obligations under those exchanges of 
     letters as equivalent under international law to actions 
     inconsistent with the START II Treaty.
       (5) Space-launch vehicles.--Space-launch vehicles composed 
     of items that are limited by the START Treaty or the START II 
     Treaty shall be subject to the obligations undertaken in the 
     respective treaty.
       (6) NTM and cuba.--The obligation of the United States 
     under the START Treaty not to interfere with the national 
     technical means (NTM) of verification of the other party to 
     the Treaty does not preclude the United States from pursuing 
     the question of the removal of the electronic intercept 
     facility operated by the Government of the Russian Federation 
     at Lourdes, Cuba.
       (c) Declarations.--The advice and consent of the Senate to 
     ratification of the START II Treaty is subject to the 
     following declarations, which express the intent of the 
     Senate:
       (1) Cooperative threat reductions.--Pursuant to the Joint 
     Statement on the Transparency and Irreversibility of the 
     Process of Reducing Nuclear Weapons, agreed to in Moscow, May 
     10, 1995, between the President of the United States and the 
     President of the Russian Federation, it is the sense of the 
     Senate that both parties to the START II Treaty should attach 
     high priority to--
       (A) the exchange of detailed information on aggregate 
     stockpiles of nuclear warheads, on stocks of fissile 
     materials, and on their safety and security;
       (B) the maintenance at distinct and secure storage 
     facilities, on a reciprocal basis, of fissile materials 
     removed from nuclear warheads and declared to be excess to 
     national security requirements for the purpose of confirming 
     the irreversibility of the process of nuclear weapons 
     reduction; and
       (C) the adoption of other cooperative measures to enhance 
     confidence in the reciprocal declarations on fissile material 
     stockpiles.
       (2) Asymmetry in reductions.--It is the sense of the Senate 
     that, in conducting the reductions mandated by the START or 
     START II Treaty, the President should, within the parameters 
     of the elimination schedules provided for in the START 
     Treaties, regulate reductions in the United States strategic 
     nuclear forces so that the number of accountable warheads 
     under the START and START II Treaties possessed by the 
     Russian Federation in no case exceeds the comparable number 
     of accountable warheads possessed by the United States to an 
     extent that a strategic imbalance endangering the national 
     security interests of the United States results.
       (3) Expanding strategic arsenals in countries other than 
     russia.--It is the sense of the Senate that, if during the 
     time the START II Treaty remains in force or in advance of 
     any further strategic offensive arms reductions the President 
     determines there has been an expansion of the strategic 
     arsenal of any country not party to the START II Treaty so as 
     to jeopardize the supreme interests of the United States, 
     then the President should consult on an urgent basis with the 
     Senate to determine whether adherence to the START II Treaty 
     remains in the national interest of the United States.
       (4) Substantial further reductions.--Cognizant of the 
     obligation of the United States under Article VI of the 
     Treaty on the Non-Proliferation on Nuclear Weapons of July 1, 
     1968 ``to pursue negotiations in good faith on effective 
     measures relating to cessation of the nuclear arms race at 
     any early date and to nuclear disarmament and on a treaty on 
     general and complete disarmament under strict and effective 
     international control'', it is the sense of the Senate that 
     in anticipation of the ratification and entry into force of 
     the START II Treaty, the Senate calls upon the parties to the 
     START II Treaty to seek further strategic offensive arms 
     reductions consistent with their national security interests 
     and calls upon the other nuclear weapon states to give 
     careful and early consideration to corresponding reductions 
     of their own nuclear arsenals.
       (5) Missile technology control regime.--The Senate urges 
     the President to insist that the Republic of Belarus, the 
     Republic of Kazakstan, Ukraine, and the Russian Federation 
     abide by the guidelines of the Missile Technology Control 
     Regime (MTCR). For purposes of this paragraph, the term 
     ``Missile Technology Control Regime'' means the policy 
     statement between the United States, the United Kingdom, the 
     Federal Republic of Germany, France, Italy, Canada, and 
     Japan, announced April 16, 1987, to restrict sensitive 
     missile-relevant transfers based on the MTCR Annex, and any 
     amendments thereto.
       (6) Further arms reduction obligations.--The Senate 
     declares its intention to consider for approval international 
     agreements that would obligate the United States to reduce or 
     limit the Armed Forces or armaments of the United States in a 
     militarily significant manner only pursuant to the treaty 
     power as set forth in Article II, Section 2, Clause 2 of the 
     Constitution.
       (7) Treaty interpretation.--The Senate affirms the 
     applicability to all treaties of the constitutionally based 
     principles of treaty interpretation set forth in Condition 
     (1) of the resolution of ratification with respect to the INF 
     Treaty. For purposes of this declaration, the term ``INF 
     Treaty'' refers to the Treaty Between the United States of 
     America and the Union of Soviet Socialist Republics on the 
     Elimination of Their Intermediate-Range and Shorter Range 
     Missiles, together with the related memorandum of 
     understanding and protocols, approved by the Senate on May 
     27, 1988.

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