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(B) the transfer of such items to countries
participating in these programs.
(2) FUNDS
DESCRIBED.—Funds described in
this paragraph are funds that are available—
(A) during any fiscal year under the
NATO Participation Act of 1994 with respect
to countries eligible for assistance under that
Act; or
(B) during fiscal year 1998 under any Act
to carry out the Warsaw Initiative.
(d) EXTENSION OF AUTHORITY REGARDING EXCESS
DEFENSE ARTICLES.—Section 105 of Public Law 104-
164 (110 Stat. 1427) is amended by striking ‘‘1996 and
1997’’ and inserting ‘‘1997, 1998, and 1999’’.
(e) CONFORMING AMENDMENTS TO THE NATO PAR-
TICIPATION ACT OF 1994.—Section 203(c) of the NATO
Participation Act of 1994 is amended—
(1) in paragraph (1), by striking ‘‘, without re-
gard to the restrictions’’ and all that follows and in-
serting a period;
(2) by striking paragraph (2);
(3) in paragraph (6), by striking ‘‘appropriated
under the ‘Nonproliferation and Disarmament Fund’
account’’ and inserting ‘‘made available for the
‘Nonproliferation and Disarmament Fund’ ’’;
219
(4) in paragraph (8)—
(A) by striking ‘‘any restrictions in sec-
tions 516 and 519’’ and inserting ‘‘section
516(e)’’;
(B) by striking ‘‘as amended,’’; and
(C) by striking ‘‘paragraphs (1) and (2)’’
and inserting ‘‘paragraph (1)’’; and
(5) by redesignating paragraphs (3) through
(8) as paragraphs (2) through (7), respectively.
SEC. 3204. AUTHORITIES RELATING TO THE TREATY ON
CONVENTIONAL ARMED FORCES IN EUROPE.
(a) POLICY OF SECTION.—This section is enacted in
order to implement the policy set forth in section 2(2).
(b) AUTHORITY TO APPROVE
THE CFE FLANK
AGREEMENT.—The President is authorized to approve on
behalf of the United States the Document Agreed Among
States Parties to the Treaty on Conventional Armed
Forces in Europe of November 19, 1990, adopted in Vi-
enna, Austria on May 31, 1996, concerning the resolution
of issues related to the Conventional Armed Forces in Eu-
rope (CFE) Treaty flank zone.
(c) SENSE OF CONGRESS WITH RESPECT TO CFE
ADAPTATION.—It is the sense of Congress that any revi-
sions to the Treaty on Conventional Armed Forces in Eu-
rope that may be agreed in the ongoing CFE adaptation
220
negotiations can enter into force only if those revisions are
specifically approved in a manner described in section
33(b) of the Arms Control and Disarmament Act (22
U.S.C. 2573(b)), and no such approval will be provided
to any revisions to that Treaty that jeopardize fundamen-
tal United States security interests in Europe or the effec-
tiveness and flexibility of NATO as a defensive alliance
by—
(1) extending rights or imposing responsibilities
on new NATO members different from those appli-
cable to current NATO members, including with re-
spect to the deployment of nuclear weapons and the
stationing of troops and equipment from other
NATO members;
(2) limiting the ability of NATO to defend the
territory of new NATO members by, for example, re-
stricting the construction of defense infrastructure
or limiting the ability of NATO to deploy necessary
reinforcements;
(3) providing any international organization, or
any country that is not a member of NATO, with
authority to review, delay, veto, or otherwise impede
deliberations and decisions of the North Atlantic
Council or the implementation of such decisions, in-
cluding with respect to the deployment of NATO
221
forces or the admission of additional members to
NATO; or
(4) impeding the development of enhanced rela-
tions between NATO and other European countries
that do not belong to the Alliance by, for example,
recognizing spheres of influence in Europe.
SEC. 3205. BALLISTIC MISSILE DEFENSE COOPERATIVE
PROJECTS WITH RUSSIA.
(a) POLICY OF SECTION.—This section is enacted in
order to implement the policy set forth in section 2(3)(A).
(b) ESTABLISHMENT OF PROGRAM OF BALLISTIC
MISSILE DEFENSE COOPERATION WITH RUSSIA.—The
Secretary of Defense is authorized to carry out a program
of cooperative ballistic missile defense-related projects
with the Russian Federation.
(c) CONDUCT OF PROGRAM.—The program of coop-
erative ballistic missile defense-related projects with the
Russian Federation under subsection (b) may include (but
is not limited to) projects in the following areas:
(1) Cooperation between the United States and
the Russian Federation with respect to early warn-
ing of ballistic missile launches, including the shar-
ing of information on ballistic missile launches de-
tected by either the United States or the Russian
Federation, formalization of an international launch
222
notification regime, and development of a joint glob-
al warning center.
(2) Technical cooperation in research, develop-
ment, test, and production of technology and sys-
tems for ballistic missile defense.
(3) Conduct of joint ballistic missile defense ex-
ercises.
(4) Planning for cooperation in defense against
ballistic missile threats aimed at either the United
States or the Russian Federation.
(d) DIALOGUE WITH RUSSIA.—The President should
seek to initiate a dialogue with the Russian Federation
aimed at exploring the potential for mutual accommoda-
tion of outstanding issues between the two nations on mat-
ters relating to ballistic missile defense and the Anti-Bal-
listic Missile Treaty of 1972, including the possibility of
developing a strategic relationship not based on mutual
nuclear threats.
(e) ANNUAL REPORT.—Not later than January 1,
1998, January 1, 1999, and January 1, 2000, the Presi-
dent shall submit to the Congress a report on the coopera-
tive program under this section. Each such report shall
include the following:
223
(1) A description of the conduct of the program
during the preceding fiscal year, including a descrip-
tion of the projects carried out under the program.
(2) A description of the status of the dialogue
under subsection (d) during the preceding fiscal
year.
(3) A description of the funding for the pro-
gram during the preceding fiscal year and the year
during which the report is submitted and the pro-
posed funding for the program for the next fiscal
year.
SEC. 3206. RESTRICTION ON ENTRY INTO FORCE OF ABM/
TMD DEMARCATION AGREEMENTS.
(a) POLICY OF SECTION.—This section is enacted in
order to implement the policy set forth in section 2(3)(B).
(b) RESTRICTION.—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 the enactment of this Act,
that agreement is specifically approved in a manner de-
scribed in section 33(b) of the Arms Control and Disar-
mament Act (22 U.S.C. 2573(b)).
(c) SENSE OF CONGRESS WITH RESPECT TO DEMAR-
CATION AGREEMENTS.—
224
(1) OPPOSITION TO MULTILATERALIZATION OF
ABM TREATY.—It is the sense of the Congress that
until the United States has taken the steps nec-
essary to ensure that the ABM Treaty remains a bi-
lateral treaty between the United States and the
Russian Federation (such state being the only suc-
cessor state of the Union of Soviet Socialist Repub-
lics that has deployed or realistically may deploy an
anti-ballistic missile defense system) no ABM/TMD
demarcation agreement will be considered for ap-
proval for entry into force with respect to the United
States (any such approval, as stated in subsection
(b), to be effective only if provided in a manner de-
scribed in section 33(b) of the Arms Control and
Disarmament Act (22 U.S.C. 2573(b))).
(2) PRESERVATION OF U.S. THEATER BALLIS-
TIC MISSILE DEFENSE POTENTIAL.—It is the sense
of the Congress that no ABM/TMD demarcation
agreement that would reduce the potential of United
States theater missile defense systems to defend the
Armed Forces of the United States abroad or the
armed forces or population of allies of the United
States will be approved for entry into force with re-
spect to the United States (any such approval, as
stated in subsection (b), to be effective only if pro-
225
vided in a manner described in section 33(b) of the
Arms Control and Disarmament Act (22 U.S.C.
2573(b))).
(d) ABM/TMD DEMARCATION AGREEMENT DE-
FINED.—For the purposes of this section, the term
‘‘ABM/TMD demarcation agreement’’ means an agree-
ment that establishes a demarcation between theater bal-
listic missile defense systems and strategic anti-ballistic
missile defense systems for purposes of the ABM Treaty,
including the following:
(1) The agreement concluded by the Standing
Consultative Commission on June 24, 1996, con-
cerning lower velocity theater missile defense sys-
tems.
(2) The agreement concluded (or to be con-
cluded) by the Standing Consultative Commission
concerning higher velocity theater missile defense
systems, based on the Joint Statement Concerning
the Anti-Ballistic Missile Treaty issued on March
21, 1997, at the conclusion of the Helsinki Summit.
(3) Any agreement similar to the agreements
identified in paragraphs (1) and (2).
(e) ABM TREATY DEFINED.—For purposes of this
section, the term ‘‘ABM Treaty’’ means the Treaty Be-
tween the United States of America and the Union of So-
226
viet 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).
SEC. 3207. BURDENSHARING.
It is the sense of the Congress that the United States
already pays more than a proportionate share of the costs
of the common defense of Europe, and that the European
members of NATO should pay the bulk of the costs of
NATO expansion which are incurred by existing NATO
members.
Passed the House of Representatives June 11, 1997.
Attest:
Clerk.