Sec. 2705. RESTRICTIONS AND REQUIREMENTS RELATING TO BALLISTIC MISSILE DEFENSE

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## SEC. 2705 RESTRICTIONS AND REQUIREMENTS RELATING TO BALLISTIC MISSILE DEFENSE ###

(a)Policy of Section This section is enacted in order to implement the policy set forth in section 2702(c). ###

(b)Restriction on Entry Into Force of ABM/TMD Demarcation Agreements An ABM/TMD demarcation agreement shall not be binding on the United States, and shall not enter into force with respect to the United States, unless, after the date of enactment of this Act, that agreement is specifically approved with the advice and consent of the United States Senate pursuant to Article II, section 2, clause 2 of the Constitution. ###

(c)Sense of Congress With Respect to Demarcation Agreements ####

(1)Relationship to multilateralization of abm treaty It is the sense of Congress that no ABM/TMD demarcation agreement will be considered for advice and consent to ratification unless, consistent with the certification of the President pursuant to condition

(9)of the resolution of ratification of the CFE Flank Document, the President submits for Senate advice and consent to ratification any agreement, arrangement, or understanding that would— #####

(A)add one or more countries as State Parties to the ABM Treaty, or otherwise convert the ABM Treaty from a bilateral treaty to a multilateral treaty; or #####

(B)change the geographic scope or coverage of the ABM Treaty, or otherwise modify the meaning of the term “**national territory**” as used in Article VI and Article IX of the ABM Treaty. ####

(2)Preservation of united states theater ballistic missile defense potential It is the sense of Congress that no ABM/TMD demarcation agreement that would reduce the capabilities of United States theater missile defense systems, or the numbers or deployment patterns of such systems, will be approved for entry into force with respect to the United States. ###

(d)Report on Cooperative Projects With Russia Not later than January 1, 1999, and January 1, 2000, the President shall submit to the Committees on International Relations, National Security, and Appropriations of the House of Representatives and the Committees on Foreign Relations, Armed Services, and Appropriations of the Senate a report on cooperative projects with Russia in the area of ballistic missile defense, including in the area of early warning. Each such report shall include the following: ####

(1)Cooperative projects A description of all cooperative projects conducted in the area of early warning and ballistic missile defense during the preceding fiscal year and the fiscal year during which the report is submitted. ####

(2)Funding A description of the funding for such projects during the preceding fiscal year and the year during which the report is submitted and the proposed funding for such projects for the next fiscal year. ####

(3)Status of dialogue or discussions A description of the status of any dialogue or discussions conducted during the preceding fiscal year between the United States and Russia aimed at exploring the potential for mutual accommodation of outstanding issues between the two nations on matters relating to ballistic missile defense and the ABM Treaty, including the possibility of developing a strategic relationship not based on mutual nuclear threats. ###

(e)Definitions In this section: ####

(1)ABM/TMD demarcation agreement The term “**ABM/TMD demarcation agreement**” means any agreement that establishes a demarcation between theater ballistic missile defense systems and strategic antiballistic missile defense systems for purposes of the ABM Treaty. ####

(2)ABM treaty The term “**ABM Treaty**” means 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 (23 UST 3435), and includes the Protocols to that Treaty, signed at Moscow on July 3, 1974 (27 UST 1645). # TITLE XXVIII OTHER FOREIGN POLICY PROVISIONS