Page:United States Statutes at Large Volume 111 Part 2.djvu/869

 l^.i-'l^ PUBLIC LAW 105-85 —NOV. 18, 1997 111 STAT. 1949 fiscal year 1998 to implement any agreement or understanding to undertake substantial early deactivation of a strategic nuclear delivery system specified in subsection (a) until 30 days after the date on which the President submits to Congress a report concerning such actions. (2) For purposes of this subsection and subsection (d), a substantial early deactivation is an action during fiscal year 1998 to deactivate a substantial number of strategic nuclear delivery systems specified in subsection (a) by— (A) removing nuclear warheads from those systems; or (B) taking other steps to remove those systems from combat status. (3) A report under this subsection shall include the following: Reports. (A) The text of any understanding or agreement between the United States and the Russian Federation concerning substantial early deactivation of strategic nuclear delivery systems under the START II Treaty. (B) The plan of the Department of Defense for implementing the agreement. (C) An assessment of the Secretary of Defense of the adequacy of the provisions contained in the agreement for monitoring and verifying compliance of Russia with the terms of the agreement and, based upon that assessment, the determination of the President specifically as to whether the procedures for monitoring and verification of compliance by Russia with the terms of the agreement are adequate or inadequate. (D) A determination by the President as to whether the President, deactivations to occur under the agreement will be carried out in a symmetrical, reciprocal, or equivalent manner and whether the agreement will require early deactivations of strategic forces by the United States to be carried out substantially more rapidly than deactivations of strategic forces by Russia. (E) An assessment by the President of the effect of the President. proposed early deactivation on the stability of the strategic balance and relative strategic nuclear capabilities of the United States and the Russian Federation at various stages during deactivation and upon completion, including a determination by the President specifically as to whether the proposed early deactivations will adversely affect strategic stability. (d) FURTHER LIMITATION ON STRATEGIC FORCE REDUCTIONS.— (1) Amounts available to the Department of Defense for fiscal year 1998 to implement an agreement that results in a substantial early deactivation during fiscal year 1998 of strategic forces may not be obligated for that purpose if in the report under subsection (c)(3) the President determines any of the following: (A) That procedures for monitoring and verification of compliance by Russia with the terms of the agreement are inadequate. (B) That the agreement will require early deactivations of strategic forces by the United States to be carried out substantially more rapidly than deactivations of strategic forces by Russia. (C) That the proposed early deactivations will adversely affect strategic stability. (2) The limitation in paragraph (1), if effective by reason of a determination by the President described in paragraph (1)(B),

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