Page:United States Statutes at Large Volume 102 Part 2.djvu/1028

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 2032

President of U.S. President of U.S.

PUBLIC LAW 100-456—SEPT. 29, 1988

(1) The Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Limitation of AntiBallistic Missile Systems, With Associated Protocol (hereinafter in this section referred to as the "ABM Treaty" or the "Treaty") in Article XIV, Paragraph 2, reads as follows: "Five years after entry into force of this Treaty, and at five-year intervals thereafter, the Parties shall t<^ether conduct a review of this Treaty.". (2) Such Treaty entered into force on October 3, 1972, and the third five-year anniversary date specified for the conduct of the review contemplated in the Treaty, therefore, was October 3, 1987. (3) As a fundamental principle of the canons of legal construction, a specified number of years after a specific and determinable date means the specified anniversary of such date and therefore the third five^ear review of the ABM Treaty should have begun on or about October 3, 1987. (4) The Parties to the Treaty have not met as required by the Treaty because the United States refused to meet on the date specified in the Treaty for such meeting (October 3, 1987) and hias refused since such date to propose a date for the meeting. (b) SENSE OF CONGRESS.—In light of the findings in subsection (a), it is the sense of Congress that the President should, without any further delay, propose an early date to conduct the overdue five-year review of the ABM Treaty. The President shall inform Congress of the results of that review immediately after it takes place. SEC. 905. REVISION OF ANNUAL REPORT ON SOVIET COMPLIANCE WITH ARMS CONTROL COMMITMENTS

(a) AMENDMENT TO P U B U C LAW 99-145.—The text of section 1002 of the Department of Defense Authorization Act, 1986 (22 U.S.C. 2592a), is amended to read as follows: "(a) ANNUAL REPORT.—Not later than December 1 of each year, the President shall submit to Congress a report containing the findings of the President with respect to the compliance of the Soviet Union with its arms control commitments and any additional information necessary to keep Congress currently informed. "(b) MATTERS TO B E INCLUDED.—The President shall specifically include in each such report the following: "(1) A summary of the current status of all arms control agreements in effect between the United States and the Soviet Union. "(2) An assessment of all violations by the Soviet Union of such agreements and the risks such violations pose to the national security of the United States and its allies. "(3) A net assessment of the aggregate military significance of all such violations. "(4) A statement of the compliance policy of the United States with respect to violations by the Soviet Union of those agreements. "(5) What actions, if any, the President has taken or proposes to take to bring the Soviet Union into compliance with its commitments under those agreements. "(c) CONTINGENT ADDITIONAL INFORMATION.—If the President in

any second consecutive report submitted to Congress under this section reports that the Soviet Union is not in full compliance with all arms control agreements between the United States and the