PRESENTATION OF THE SALT AGREEMENTS TO THE CONGRESS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP74B00415R000400010017-5
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 16
• Document Creation Date: December 19, 2016
• Document Release Date: November 3, 2005
• Sequence Number: 17
• Publication Date: May 10, 1972
• Content Type: MF

ced~6~`5~-6ibo17-5
WASHINGTON. D.C. 2.0451
May 10, 1972
MEMORANDUM FOR THE VERIFICATION PANEL WORKING GROUP
SUBJECT: Presentation of the SALT Agreements to the Congress
Attached is the first draft of the subject paper,
which was called for by Mr. Odeen I s May 4 memorandum.
This draft was prepared jointly by staff members of ACDA
and the Department of State.
Comments on this draft should be circulated by COB
Friday, May 12.
Spu 'eon M. Keeny/,-
IXAssistant Dire~:tor
Science and Technology
Attachment:
As stated.
Distribution:
NSC -- Mr. Odeen
Mr. Carter
CIA -- Mr. Duckett
Mr. Allen
OSD -- Dr. Tucker
Mr. Wood
JCS -- Col. Von Ins
State - Mr. Spiers
- Mr. Martin
When separated from
attachments handle
this document as
CONF I.DENTiAL .
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J4ay 9, 1972
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Presentation of the SALT -Ar_eements
to the Concress
Intr_ ociuc
This paper responds to paragraph 3 of Mr. Odeon's
memorandum of May 4 on "Further Work on SALT". To put the
necessary actions in perspective Part I sets out a tentative
schedule. This schedule anticipates final Congressional
action approving the agreements by August 16-18, and is an
optimistic forecast. If a decision is made to seek prompt
Congressional approval, careful effort on the Hill by the'
Executive Branch will be required to assure favorable
action in accordance with this schedule. As the paper
notes, separate hearings by three Committees (SFR, SAS,
HFA) are virtually certain, and additional hearings by the
JCAE and the HAS Committee are possibilities. Delays are
likely, and final Congressional action could be postponed
until after the recess for the Republican Convention and
Labor Day. On the other hand, Congress can act expedi-
tiously, as the record of action on the LTB Treaty shows.
The chronology of Congressional action on the LTB and the
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NPT is shown in Part V. which also contains a chronology
of Congressional approval by Joint Resolution.
Based on the assumption set out in the Terms of
Reference, Part IT describes two alternative-forms of
Congressional action that might be requested. Part III
describes the transmittal-papers and related materials
that would be used in submitting the agreement to the
Congress.
1. Tentative Schedule
1. Final decision on action desired by May 15-19
Senate and House on each agreement.
Congressional leadership notified.
2. Briefings for Congress on final terms If possible,
before signature,
of the agreements.
(a) Leadership
(b) Committees that have received
regular SALT briefings (SFR,
SAS, JCAE, HFA) plus HAS
(c) Other key members
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3. Final texts prepared and certified.
(a) ABM Treaty
(b) Inter! Agreement
(c) Ot}1er texts: E.g., agreed state
ments, declaration on interim
SCC5 etc.
Agreements Signed in Moscow by
Surm11it SALT Communique
5.
Agreements sent to congress.
Presidential message to each House
with fol.l0Waing enclosures
Texts of Agreements
Report of Secretary of State
to president accompanied by
appropriate excerpts from the
negotiating history and any
pertinent declarations or state-
other enclosures
May 22-25
May 29
June 5
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6. Hearings.
It is likely that the following Com-
mittees will hold hearings---SFR, SAS,
HFA. In addition the JCAE may hold
hearings and there is a possibility
that the HAS Commmittee will also hold
separate hearings.
June 6-30
7. Congress in recess for Democratic Convention. July 1-17
8. Favorable Committee Reports
(Unfavorable reports, dissenting views
with substantial support, or recommen-
dations for reservations or understandings
could delay subsequent Congressional
action.)
July 20-25
9.
Action by Rules Committee to schedule
House floor debate.
July 20-25
10.
Floor Debate.
July 20-Aug. . 15
Senate
House
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11. Final Vote, preceded by Conference if Aug. 16-18
.necessary to eliminate any differences
between the actions of the two Houses.
Senate
House
12. Recess for Republican Convention. Aug. 19-Sept. 5
House - Aug. 19?-Sept. 5
Senate- Aug. 19-Aug. 28
13. Ratification on agreed date. (Assuming
signature in Moscow, ceremony bringing
agreements into effect would under normal
practice, be held in Washington.)
Tx. Congressional Act..on on the SALT Agreements
The decision on the form of Congressional action on
the SALT agreements requested by the President will govern
the preparation of the presentation of the agreements to
the Congress and should be made at an early date. This
section describes two possible forms that final Congressional
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action might take. Both options involve action by both
Houses on both the ABM Treaty and the Interim Offensive
Agreement. -
Opts. (a) Submit both agreements to the Senate
with a recommendation that-the Senate give its advice and
consent to ratification of the ABM Treaty and "acceptance"
(cf. Art. VIII/VII of JDT)of the Interim Agreement. A
Senate resolution giving consent requires an affirmative
vote of 2/3 of the Senators present and voting.
(b) Submit both agreements to the House with an
appropriate explanation of the House's interest and a
recommendation that the House enact a resolution expressing
a favorable view of the agreements. The Presidential
message would explain that House approval is being sought
as well as Senate advice and consent, befor-e.the agreements
are brought into effect. Comm(--,nt: This House action would
have no legal effect, but could have important political
implications. A House resolution that included conditions,
reservations, interpretations or understandings that were
inconsistent with the Senate's action, would be troublesome.)
O1iN7.on 2. (a) Submit: ABM Treaty to Senate for advice
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and consent to ratification.
(b) If desired, seek a House resolution approving the
ABM Treaty. (See Comment on Option 1(b).)
) Submit -Interim Agreement to Senate and House for
action by a joint resolution authorizing the President to
bring it into effect. "Comment; The Senate might object
to this treatment as inconsistent with its constitutional
powers with respect to treaties. The provision that the
interim Agreement would not enter into force until the ABM
Treaty was ratified gives the Senate a separate veto over
entry into force over the Interim Agreement, and this fact
might meet Senate objections to action by joint resolution.)-
III. Transmittal Pa~.}?ers and
Related Materials,
~
1. Presidential Messages. Separate letters from the
President would be sent to the Senate and House explaining
the purpose and background of the agreements and their
relationship to the security and international interests of
the U, S. The letters would recommend favorable action in a
form appropriate for each house.
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2. Enclosures.
(a) Texts of the agreements
(b) Letter from the Secretary of State to the
President
This letter would .contain an article--by-
article anal-ysis of the text of the agree-
ments and together with an appropriate
explanation a recommendation that the
agreements be sent to the Congress for
action. The Secretary's letter would also
forward appropriate excerpts from the
negotiating history and pertinent declar-
ations or statements, e.g., on further
negotiations or establishing interim
arrangements for a SCC. Such items would
be sent along for the information of the
Congress and not for action.
Text of a proposed Joint Resolution for
action on the Interim Agreement by the
Senate and House or text of House Resolution
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expressing favorable view on one or both
of the agreements. (See Section II.)
IV. Committee Reari ,s
1, Senate. Both agreements would be referred to the
Committee on Forej,gn Relations, and it is unlikely that this
Committee would issue its report and bring the agreements
to the floor of the Senate until after all other Senate
Commmittee hearings were completed and reports issued. The
Foreign Relations Committee can invite other interested
Committees to attend and actively participate in its hear-
ings and has done so in the past. This now. seems unlikely,
and hearings by the Committee on Armed Services or possibly
by its SALT Subcommittee (Sen. Jackson-Chm.) should be
anticipated. _
2. The JCAE has been regularly briefed on SALT and
separate hearings by this Committee are a possibility.
3. house. In the House the Subcommittee on National
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SecurJ..t?_y, Po a y (Rep. Zabiock1 -Chm.) of the Committee on
Foreign Affairs has been regularly briefed on SALT and a
group of its members will be keenly interested in the
.Agreements, It seems likely 'that this Subcoipmit:tee would
hold hearings even if no House action is requested. The
Subcommittee will certainly want to hold hearings if I-louse
action is requested, although possibly the full Committee
would act instead of the Subcommittee. The Committee on
ArmedService-s has not been regularly briefed on SALT and
has never indicated a serious interest in the subject.
However, if House action on the agreements should be
requested and the SAS Committee holds hearings, this
Committee may hold its own hearings.
In summary, there is a possibility that five separate
hearings would be held, but hearings by three or four
Committees seem more likely. The same Executive Branch
witnesses will be required-to appear at all the hearings,
and each Committee will probably invite several public
witnesses to testify.
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V. Chronolocy of Congressional Action
onThrce Agreements
Limited Test BanTreaLZ
.Signed in Moscow - August 5, 1963
Transmitted to Senate - August 8,?1963
Hearings before SFRC (also attended by members of the
Senate Committee on Armed Services and Senate members
of the JCAE, both of which accepted the SFRC invitation
to participate)
August
12 -- Secretary of State
August
13 - Secretary of Defense
August
14 --
Chairman, AEC
August
15 -
Chairman, JCS
August
1.9 -
Members, JCS
August
20-27 -- Other witnesses
SFRC Report ?- September 3, 1963
Separate executive sessions before Preparedness Investigating
Subcommittee of Senate Armed Services Committee on
Military Implications:
August 1, 2, 9, 12, 14, 15,, 16, 19, 20, 23 and 27, 1963
Interim report on Military Implications of Treaty, by that
Subcommittee -- September 9, 1963
Floor Debate September 9-24, 1963
Resolution of Advice and Consent adopted --.September 24, 1963
Ratified October 10, 1963
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NonmProli_ferat.i.on_ Treaty
Signed simultaneously in Washington, Moscow and
London ?- July 1, 1.968
to ratification - February 5, 1969
SFRC Hearings - February 18,
1.969 -
Secretary
Chairman,
Director,
of State
AEC
ACDA
February 20,
1969 -
Secretary
Chairman,
of Defense
JCS
Secretary's letter to President ?- July 2, 1968
President's Message to Senate July 9, 1968
Hearings Before SFRC (also present, by invitation,
were Senate members of the JCAE)
July 10 - Secretary of State
July 11 - Deputy Secretary of Defense
Chairman JCS
July 1.2 - Chairman, AEC
July 17 - Public witnesses
SFRC report (following invasion of Czechoslovakia) -
September 26, 1968
(No floor action occurred in that Congress,
so treaty was re-referred to SFRC at
beginning of next Congress)
President Nixon's Message requesting advice and consent
SFRC Report .? March 6, 1969
Hearings before Preparedness Subcommittee of Armed Services
Committee on Military Implications
February 27, 1.969 - Chairman, JCS
Director, DDR&E
February 28, 1969 - Chairman, AEC
Director., ACDA
(No report issued by this Subcommittee)
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Floor Debate -'March 11-13, 1969
Resolution of Advice and Consent adopted - March 13, 1969
Ratified - March 5, 1970 (Note: SFRC report had recommended
that U. S. ratification be withheld
until a substantial. number of
countries had joined the treaty.)
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Joint Resolution Authorizj-n~, the President
to br 1n- 11110 force, the
ITT Ilcadc carters \c,reement
1947
July 2
-
President's Message to Congress
July 3
-
Joint Resolution introduced on Senate Floor
and referred to Foreign Relations Committee
July 14
-
Reported, with, an amendment, by SFRC (S.Rept 522)
July 17
--
Senate Floor debate, in which the amendment was
agreed to, and the Res. passed as amended
July 1S
-
Referred to House Committee on Foreign Affairs
July 25
-
Reported, with amendments (H.Rept 1093)
July 26
--
Rules suspended; passed House as amended
Senate, i_n'absen.ce of objections, concurred
in these amendments
Aug. 4
--
Approved by President
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MEMORANDUM FOR: Mr. Jack Maury
Legislative Counsel
Attached is a copy of ACDA's first
draft for the Verification Panel of a
scenario for presenting the SALT agree-
ments to the Congress. They have asked
for our comments by COB today.
I thought you would be interested in
this phase of play on SALT. Other relate
papers are in the mill. If you have any
comments or questions, please call me or
George Allen I I, who is now
handling the SALT account.
BRUCE C. CLARKE, Jr,..
Director
Strategic Research
12 May 1972
(DATE)
BE 10-101
FORM GN 54 1 0 1 WHICH REPLACES
MAY FORM
1 AU
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