[Cable from the State Department to U.S. Embassies Expressing the Administration's View of Legislation Affecting the ABM Treaty under Discussion in the Senate] 13 AUG 95 FM SECSTATE WASHDC TO AMEMBASSY MOSCOW IMMEDIATE AMEMBASSY KIEV AMEMBASSY MINSK AMEMBASSY ALMATY AMEMBASSY LONDON AMEMBASSY PARIS SUBJECT: SENATE ACTION ON BALLISTIC MISSILE DEFENSE 1. THE SENATE HAS BEEN CONSIDERING DRAFT PROVISIONS FOR THE FY96 DOD AUTHORIZATION BILL CONCERNING NATIONAL MISSILE DEFENSE, THEATER MISSILE DEFENSE, AND THE ABM TREATY. THE VERSION OF THE BILL SENT TO THE SENATE FLOOR BY THE SENATE ARMED SERVICES COMMITTEE (SASC) CALLS FOR DEPLOYMENT OF A MULTIPLE SITE NATIONAL MISSILE DEFENSE THAT WOULD VIOLATE: THE ABM TREATY. THE COMMITTEE-PROPOSED VERSION ALSO WOULD IMPOSE, UNILATERALLY, A STANDARD FOR ABM-TMD DEMARCATION PREVIOUSLY PROPOSED BY THE U.S. FOR NEGOTIATION, UNDER WHICH ALL TMD SYSTEMS WOULD ACCORD WITH THE TREATY AS LONG AS THEY ARE NOT TESTED AGAINST BALLISTIC MISSILES WITH VELOCITIES OVER 5 KM/SEC OR RANGES OVER 3500 KM. THE ADMINISTRATION STRONGLY OPPOSES THE COMMITTEE VERSION, AND NATIONAL SECURITY ADVISOR LAKE WROTE TO THE SENATE ON 4 AUGUST THAT THE PRESIDENT'S ADVISORS WOULD RECOMMEND A VETO IF IT WERE PASSED. 2. ON 11 AUGUST, AN IMPORTANT BIPARTISAN AMENDMENT WAS PRESENTED, THAT, IF PASSED, PROBABLY WOULD SIGNIFICANTLY MODIFY THE BALLISTIC MISSILE DEFENSE PROVISIONS OF THE BILL. THE AMENDMENT APPEARS TO CALL FOR DEVELOPMENT, BUT NOT DEPLOYMENT, OF A MULTI-SITE NATIONAL MISSILE DEFENSE; SUCH DEVELOPMENT IS PERMITTED BY THE ABM TREATY. IT ALSO APPEARS TO ENDORSE THE SAME STANDARD FOR ABM-TMD DEMARCATION AS THE COMMITTEE VERSION, BUT DOES NOT ATTEMPT TO PREVENT THE ADMINISTRATION FROM NEGOTIATING A DIFFERENT DEMARCATION STANDARD. INSTEAD, IT PROBABLY WOULD REQUIRE THE ADMINISTRATION TO SUBMIT ANY DEMARCATION AGREEMENT FOR CONGRESSIONAL APPROVAL. 3. THE SENATE DID NOT VOTE ON THAT AMENDMENT PRIOR TO ADJOURNING ON AUGUST 11, AND WILL NOT RESUME CONSIDERATION OF THE FY96 DOD AUTHORIZATION BILL UNTIL EARLY SEPTEMBER. THE ADMINISTRATION HAS NOT APPROVED THE BIPARTISAN AMENDMENT, BUT BELIEVES IT LIKELY WOULD BE A DISTINCT IMPROVEMENT OVER THE COMMITTEE VERSION. WASHINGTON IS CONCERNED ABOUT THE POTENTIAL ADVERSE IMPACT OF THE SENATE DELIBERATIONS ON RUSSIAN IMPLEMENTATION OF START I, ON THE RUSSIAN START II RATIFICATION PROCESS, AND ON THE PROSPECTS FOR AN AGREEMENT ON ABM-TMD DEMARCATION. 4. ACTION: USING THE TALKING POINTS IN PARA 5 BELOW, EMBASSIES SHOULD AS SOON AS POSSIBLE APPROACH APPROPRIATE MFA AND MOD OFFICIALS TO INFORM INTERLOCUTORS ABOUT THE SENATE DEBATE. EMBASSY MOSCOW SHOULD ALSO APPROACH APPROPRIATE PARLIAMENTARY LEADERS. EMBASSIES ALSO ARE ENCOURAGED TO PROVIDE COPIES OF THE LETTERS THAT SECRETARY CHRISTOPHER, SECRETARY PERRY, AND ASSISTANT TO THE PRESIDENT FOR NATIONAL SECURITY AFFAIRS LAKE SENT TO THE SENATE OPPOSING THE SENATE COMMITTEE-DRAFTED PROVISIONS ON BALLISTIC MISSILE DEFENSE (TEXTS IN PARAGRAPHS SIX THROUGH EIGHT). 5.BEGIN TALKING POINTS: - THE U.S. CONGRESS HAS BEEN CONSIDERING LEGISLATION TO AUTHORIZE AND FUND DEPARTMENT OF DEFENSE PROGRAMS FOR THE NEXT FISCAL YEAR. AS PART OF THIS PROCESS, THE SENATE IS CONSIDERING CERTAIN MEASURES RELATED TO BALLISTIC MISSILE DEFENSE AND THE ABM TREATY. THESE MEASURES UNDOUBTEDLY RAISE QUESTIONS ON YOUR PART, AND WE WANT TO PROVIDE YOU WITH OUR PERSPECTIVE ON THE SENATE DEBATE. - THE PROVISIONS AS PROPOSED BY THE SENATE ARMED SERVICES COMMITTEE CALL FOR DEPLOYMENT OF A NATIONAL, MULTIPLE SITE MISSILE DEFENSE THAT, IF DEPLOYED, WITHOUT TREATY AMENDMENT, WOULD VIOLATE THE ARM TREATY. THE COMMITTEE PROVISIONS ALSO WOULD SET OUT AN ABM TREATY STANDARD FOR THE DEMARCATION BETWEEN ABM AND NON-ABM SYSTEMS. THE COMMITTEE-DRAFTED PROVISIONS ARE INTENDED TO PREVENT THE ADMINISTRATION FROM APPLYING ANY OTHER INTERPRETATION THAN THAT IN THE BILL, THUS UNILATERALLY IMPOSING A SOLUTION TO THE ONGOING NEGOTIATIONS WITH RUSSIA AND OTHER STATES ON DEMARCATION. -IT IS IMPORTANT TO UNDERSCORE THAT THESE PROVISIONS ARE NOT FINAL. - SENATE SUPPORT FOR NMD DERIVES WHOLLY FROM CONCERN ABOUT BALLISTIC MISSILE PROLIFERATION, AND IS NOT DIRECTED AGAINST THE NIS. - WE WANT TO ASSURE YOU THAT WE REMAIN FIRMLY COMMITTED TO THE ARM TREATY, AND STRONGLY OPPOSE THESE CONGRESSIONAL PROVISIONS. WE WOULD LIKE TO PROVIDE YOU COPIES OF THE LETTERS THAT SECRETARY CHRISTOPHER, SECRETARY PERRY, AND NATIONAL SECURITY ADVISOR LAKE SENT TO THE SENATE OPPOSING THESE PROVISIONS. THE NATIONAL SECURITY ADVISOR'S LETTER MAKES CLEAR THAT, IF THOSE PROVISIONS PASS THE SENATE, THE PRESIDENTS ADVISORS WILL RECOMMEND THAT HE VETO THE BILL. - AGAIN, THESE PROVISIONS ARE NOT FINAL, AND WE WILL CONTINUE TO WORK FOR CHANGES. SPECIFIC AMENDMENTS TO THE SENATE BILL ARE BEING CONSIDERED, AND PROBABLY WILL BE VOTED ON IN SEPTEMBER. ONE IMPORTANT BIPARTISAN AMENDMENT LIKELY CALLS FOR DEVELOPMENT, BUT NOT DEPLOYMENT, OF A MULTI-SITE NATIONAL MISSILE DEFENSE (NMD) AGAINST LIMITED, ACCIDENTAL, OR UNAUTHORIZED ATTACK; SUCH DEVELOPMENT IS CONSISTENT WITH THE ABM TREATY (DEPLOYMENT WOULD BE INCONSISTENT WITH THE TREATY). - THE SAME AMENDMENT WOULD PROBABLY NOT ATTEMPT TO PREVENT THE ADMINISTRATION FROM NEGOTIATING AN AGREEMENT ON ABM-TMD DEMARCATION. HOWEVER, IT WOULD REQUIRE THAT SUCH AN AGREEMENT BE SUBMITTED FOR CONGRESSIONAL APPROVAL IF IT WERE MORE RESTRICTIVE THAN ALLOWING TMD SYSTEMS TO BE TESTED AGAINST BALLISTIC MISSILE TARGETS WITH UP TO 3500 KILOMETER RANGE OR 5 KM/SECOND VELOCITY. - WE HAVE NOT TAKEN A POSITION ON THE AMENDMENT; HOWEVER, AN AMENDMENT ALONG THESE LINES, IF PASSED BY THE SENATE, PROBABLY WOULD DISTINCTLY IMPROVE THE MISSILE DEFENSE PROVISIONS IN THE SENATE FY96 DOD AUTHORIZATION BILL. - THE HOUSE VERSION OF THE BILL IS DIFFERENT, AND THUS THESE DIFFERENCES WOULD HAVE TO BE RESOLVED BETWEEN THE HOUSE AND SENATE. - WE CONTINUE TO BELIEVE THAT OUR BALLISTIC MISSILE DEFENSE PROGRAM, ON WHICH WE HAVE BRIEFED YOUR GOVERNMENT IN DETAIL, IS APPROPRIATELY STRUCTURED TO RESPOND TO THE BALLISTIC MISSILE THREAT IN A MANNER THAT IS COMPLIANT WITH THE ABM TREATY. AS OUR PRESIDENTS EMPHASIZED IN THE MAY SUMMIT JOINT STATEMENT, THE U.S. AND RUSSIA AGREE THAT THE TREATY IS A CORNERSTONE OF STRATEGIC STABILITY. - WE ALSO BELIEVE THAT IF FURTHER CLARIFICATION OF THE ABM TREATY IS NECESSARY, AS IN THE CASE OF DEMARCATION, IT SHOULD BE PURSUED THROUGH NEGOTIATIONS, AS WE ARE NOW DOING. - WE MUST EMPHASIZE, HOWEVER, THAT THESE LEGISLATIVE PROPOSALS AND THEIR SIGNIFICANT CONGRESSIONAL SUPPORT UNDERSCORE THE CRITICAL IMPORTANCE OF PROMPTLY REACHING AN AGREEMENT ON DEMARCATION THAT EMBODIES THE MUTUAL VIEW REFLECTED IN THE MAY SUMMIT STATEMENT -- THAT HIGHLY EFFECTIVE THEATER MISSILE DEFENSE SYSTEMS ARE ENTIRELY CONSISTENT WITH THE ARM TREATY. IF WE ARE UNABLE TO DEMONSTRATE, THROUGH SUCCESS IN OUR NEGOTIATIONS THAT THE ABM TREATY DOES NOT STAND IN THE WAY OF NECESSARY THEATER DEFENSES, IT WILL ONLY FUEL EFFORTS TO UNDERMINE THE ABM TREATY. WE WILL CONTINUE TO WORK VIGOROUSLY WITH THE CONGRESS, WITHIN OUR CONSTITUTIONAL PROCESS, TO ENSURE THAT THE ABM TREATY'S BENEFITS ARE UNDERSTOOD, WITH RESPECT TO BOTH ITS ABILITY TO ACCOMMODATE CHANGES IN THE GLOBAL SECURITY EQUATION AND ITS IMPORTANCE IN THE STRUCTURE OF STRATEGIC NUCLEAR ARMS CONTROL. END TALKING POINTS. 6. TEXT OF LETTER FROM SECRETARY CHRISTOPHER TO THE HONORABLE STROM THURMOND, CHAIRMAN, COMMITTEE ON ARMED SERVICES, UNITED STATES SENATE. AUGUST 2, 1995 http://www.fas.org/pub/gen/mswg/starwars/abm050a3.htm 7. TEXT OF LETTER FROM SECRETARY PERRY TO THE HONORABLE STROM THURMOND, CHAIRMAN, COMMITTEE ON ARMED SERVICES, UNITED STATES SENATE. JULY 28, 1995 http://www.fas.org/pub/gen/mswg/starwars/abm050a1.htm 8. TEXT OF LETTER FROM NATIONAL SECURITY ADVISOR LAKE TO THE HONORABLE THOMAS A. DASCHLE, DEMOCRATIC LEADER, UNITED STATES SENATE. AUGUST 4, 1995.