[Senate Hearing 107-622] [From the U.S. Government Publishing Office] S. Hrg. 107-622 TREATY ON STRATEGIC OFFENSIVE REDUCTION: THE MOSCOW TREATY ======================================================================= HEARINGS BEFORE THE COMMITTEE ON FOREIGN RELATIONS UNITED STATES SENATE ONE HUNDRED SEVENTH CONGRESS SECOND SESSION __________ JULY 9, 17, 23, and September 12, 2002 __________ Printed for the use of the Committee on Foreign Relations Available via the World Wide Web: http://www.access.gpo.gov/congress/ senate U. S. GOVERNMENT PRINTING OFFICE 81-339 WASHINGTON : 2002 ___________________________________________________________________________ For Sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; (202) 512-1800 Fax: (202) 512-2250 Mail: Stop SSOP, Washington, DC 20402-0001 COMMITTEE ON FOREIGN RELATIONS JOSEPH R. BIDEN, Jr., Delaware, Chairman PAUL S. SARBANES, Maryland JESSE HELMS, North Carolina CHRISTOPHER J. DODD, Connecticut RICHARD G. LUGAR, Indiana JOHN F. KERRY, Massachusetts CHUCK HAGEL, Nebraska RUSSELL D. FEINGOLD, Wisconsin GORDON H. SMITH, Oregon PAUL D. WELLSTONE, Minnesota BILL FRIST, Tennessee BARBARA BOXER, California LINCOLN D. CHAFEE, Rhode Island ROBERT G. TORRICELLI, New Jersey GEORGE ALLEN, Virginia BILL NELSON, Florida SAM BROWNBACK, Kansas JOHN D. ROCKEFELLER IV, West MICHAEL B. ENZI, Wyoming Virginia Antony J. Blinken, Staff Director Patricia A. McNerney, Republican Staff Director (ii) C O N T E N T S ---------- Page Hearing of July 9, 2002 Powell, Hon. Colin L., Secretary of State........................ 5 Prepared statement........................................... 12 Responses to Additional Questions Submitted for the Record to Secretary Powell by the Committee.............................. 50 Hearing of July 17, 2002 Myers, Gen. Richard B., USAF, Chairman, Joint Chiefs of Staff.... 89 Prepared statement........................................... 90 Rumsfeld, Hon. Donald H., Secretary of Defense................... 76 Prepared statement........................................... 84 Responses to Additional Questions Submitted for the Record to Secretary Rumsfeld and General Myers by the Committee.......... 115 Hearing of July 23, 2002 Adelman, Hon. Ken, Former Director of the Arms Control and Disarmament Agency, Host of DEFENSECENTRAL.com................. 145 Christiansen, Father Drew, S.J., Counselor, International Affairs, U.S. Conference of Catholic Bishops................... 163 Gaffney, Frank J. Jr., President and CEO, Center for Security Policy, Washington, D.C........................................ 180 Prepared statement........................................... 185 Habiger, Gen. Eugene E., USAF (Ret.), Former Commander, U.S. Strategic Command, United States Air Force..................... 138 Prepared statement........................................... 142 Nunn, Hon. Sam, Co-Chair and Chief Executive Officer, Nuclear Threat Initiative.............................................. 127 Prepared statement........................................... 133 Paine, Christopher E., Co-Director, Nuclear Warhead Elimination and Nonproliferation Project, Natural Resources Defense Council 166 Prepared statement........................................... 171 Responses to Additional Questions Submitted for the Record to Hon. Sam Nunn by the Committee................................. 198 Responses to Additional Questions Submitted for the Record to General Eugene E. Habiger by the Committee..................... 200 Hearing of September 12, 2002 Goodby, Hon. James E., Non-Resident Senior Fellow, Foreign Policy Studies, the Brookings Institution, Washington, D.C............ 226 Prepared statement........................................... 229 Gottemoeller, Hon. Rose, Senior Associate, Russian and Eurasian and Global Policy Programs, Carnegie Endowment for International Peace, Washington, D.C........................... 218 Prepared statement........................................... 220 Holdren, John P., Ph.D., Teresa and John Heinz Professor of Environmental Policy and Director, Science, Technology, and Public Policy Program, Belfer Center for Science and International Affairs, John F. Kennedy School of Government, Harvard University............................................. 235 Prepared statement........................................... 239 Ikle, Hon. Fred C., Distinguished Scholar, Center for Strategic and International Studies, Washington, D.C..................... 207 Prepared statement........................................... 208 Perry, Hon. William J., Berberian Professor and Senior Fellow, Institute for International Studies, Stanford University....... 205 Prepared statement........................................... 206 Sokolski, Henry D., Executive Director, Nonproliferation Policy Education Center, Washington, D.C.............................. 247 Prepared statement........................................... 249 Appendix Documents Relating to the Treaty Between the United States of America and the Russian Federation on Strategic Offensive Reductions, Signed at Moscow on May 24, 2002 Text of the Treaty Between the United States of America and the Russian Federation on Strategic Offensive Reductions........... 263 Letter of Transmittal............................................ 266 Letter of Submittal.............................................. 268 Article-by-Article Analysis of the Treaty Between the United States of America and the Russian Federation on Strategic Offensive Reductions........................................... 270 TREATY ON STRATEGIC OFFENSIVE REDUCTIONS: THE MOSCOW TREATY ---------- TUESDAY, JULY 9, 2002 U.S. Senate, Committee on Foreign Relations, Washington, D.C. The committee met, pursuant to notice, at 10:32 a.m. in room SD-419, Dirksen Senate Office Building, Hon. Joseph R. Biden, Jr., [chairman] presiding. Present: Senators Biden [presiding], Dodd, Kerry, Feingold, Nelson of Florida, Lugar, Hagel, Chafee, and Allen. The Chairman. The hearing will come to order. It is a genuine pleasure to have the Secretary of State back before us. I might state for the record that I have been here for a lot of Secretaries of State and seven Presidents, and this is a man who when he tells you he is going to do something he does it. He said he would be available to the committee. Obviously, this hearing is something for which any Secretary of State would be available. I just want the record to show that I personally appreciate not only his willingness to testify as often as he has, but also his ability to help the hearing reporter. There's a Secretary of State, I tell you. Secretary Powell. I do not want him to miss a word. The Chairman. The thing I am most happy about is he is not running for the U.S. Senate in Delaware. But I do want to thank you personally, Mr. Secretary. Never once have I ever called you and you have not responded. You always are available and keep me and the committee informed. So let me say again good morning and welcome. Today the committee begins its consideration of the Strategic Offensive Reductions Treaty (SORT), which the President submitted to the Senate on June 20 for its advice and consent to ratification. On July the 17 we will take testimony from the Secretary of Defense Donald Rumsfeld and General Richard Meyers, Chairman of the Joint Chiefs of Staff. Later hearings on July 23 and September 12 will feature outside experts. The treaty signed in May by Presidents Bush and Putin is a very important step forward in U.S.-Russian relations and toward a more secure world. Cutting the number of each country's deployed strategic nuclear warheads from approximately 6,000 to between 1,700 and 2,200 moves us another step away from the cold war preparations for massive nuclear exchange. I applaud the Secretary in particular and President Bush in particular for their leadership on this issue and the President for his partnership with President Putin and his willingness to codify this agreement in a binding treaty, as the ranking member Senator Helms and I had encouraged. I must note to my colleagues anecdotally, when we were at the Police Memorial function which the President attended, I was on the stage and as the President walked up after having signed the treaty, he grabbed my hand, and said ``Well, you got your treaty. Now you owe me.'' That's the reason why he is not only a good President, but a very good politician. I do not think I owe him, but I thank the President and the Secretary of State for making the case this should be in the form of a treaty. A lot of people forget now this was a question at one point. At the same time, there are aspects of the treaty that I would like very much during these hearings to explore. For example, the treaty allows the Russians to place multiple warheads on intercontinental ballistic missiles, which is contrary to longstanding U.S. arms control goals. Multiple warhead ICBM's are a cheap way to maximize Russian forces, but they are vulnerable because an attacker can destroy those warheads with only one or two of its own. Russia therefore is likely to keep those missiles on hair trigger. I would like to talk about why that seems not to be as relevant as it was earlier. The treaty sets no schedule for reductions and provides no new tools to verify each side's compliance. Russia cannot afford, as we all know, to maintain the strategic forces, but without U.S. transparency, however, a weakened Russia could fear a U.S. attack and keep a nervous finger on the remaining launch buttons. I would like to talk a little bit about that. Mr. Secretary, as you see, I have some concerns, and we have discussed them privately. Senator Lugar and I had a chance to talk to the President of the United States for about an hour or so, he and the Vice President, and we raised different concerns and some of the same concerns about the nature of the treaty, what it contains, what it means, and what it does not do. For example, why does the treaty have no verification provisions? What is the meaning of Article II, which appears only to acknowledge the obvious existence of the START Treaty? How does the administration expect each party to verify the other party's reductions? What implications flow from the lack of any timetable in the treaty for reductions prior to December 31, 2012? Since the treaty is scheduled to expire on the first day that its force reduction requirement takes effect, how binding will it be in practice? Why does the treaty not limit tactical nuclear weapons, which are the most susceptible to theft? Finally, should the United States help Russia secure and eliminate its warheads downloaded from delivery vehicles pursuant to this treaty under the auspices of the Cooperative Threat Reduction Program, something that Senator Lugar, as they say, has forgotten more about than most people know, and I think has raised in other contexts. Should we provide such assistance even if Russia, like the United States, chooses not to eliminate many of its warheads? I would remind our audience, since Secretary Powell is well aware, that the testimony that he will give today, as well as the letters and analysis that the President provided to the Senate with the treaty, will become part of the authoritative record regarding the meaning and legal effect of the text of this treaty. For the last decade, the Senate has insisted upon this understanding with both Republican and Democratic Presidents. President Bush, by signing the Treaty on Strategic Offensive Reductions, has given us a good start, but I believe this is only a first step in fulfilling the promise for a more secure future. It is my hope that today's hearing with Secretary Powell and following hearings that the committee will hold this month and in September will enable the Senate and the administration to chart a clear path to strategic stability, arms reductions and nonproliferation in the coming decade. In the interest of time, I will stop here; but again thank the Secretary for his good work. It is my intention, Mr. Secretary, as I told the President, to move as expeditiously as we can. I would like very much for the Senate to have this up before it and to vote on it and ratify this before we leave for this cycle, and that is my hope and my expectation. I thank you for being our first witness. I yield to Senator Lugar. Senator Lugar. Thank you, Mr. Chairman, for beginning the committee's review of the Moscow Treaty in such a timely manner. The treaty was signed on May 24, transmitted to the Senate on June 20, and the committee's consideration is beginning a little more than 2 weeks later. If we continue at this pace, surely ratification and exchanges of instruments of ratification are possible before the end of the year. On May 1, 2001, in a speech at the National Defense University, President Bush signaled his intention to forge a new relationship with Russia. The President called for a new strategic framework to transform our relationship with Russia ``from one based on a nuclear balance of terror to one based on common responsibilities and common interests.'' Less than 8 months later, President Bush announced his intention to reduce our nuclear levels unilaterally and invited Russian President Putin to implement similar reductions. This was the beginning of a process that led to a treaty signing during the summit in Moscow. The Moscow Treaty reduces operationally deployed strategic nuclear warheads to a level between 1,700 and 2,200 by December 31, 2012, and this is a tremendous accomplishment. It deserves the full support of the Senate and the Russian Duma. I believe this treaty marks an important step toward a safer world. I remember well visiting the START I and START II treaty negotiations. The U.S. and the Soviet Union faced off against each other across conference tables for years and they produced multi-volume treaties and verification annexes that describe in minute detail the requirements mandated by the treaties. The Moscow Treaty recognizes that the U.S.-Russian relationship has turned the corner and our countries are no longer mortal enemies engaged in worldwide cold war. Our agreements need not be based on mutual suspicion or an adversarial relationship. We are partners in the war against terrorism. We continue to build a strong military and security partnership. The Moscow Treaty reflects the changing nature of that relationship. In the past critics of international treaties have sought to circumscribe treaty provisions they alleged would weaken and unduly expose U.S. security. Critics of the Moscow Treaty have chosen a different tactic. They suggest the treaty has not gone far enough and claim an opportunity was lost. The lack of a voluminous verification system, the absence of requirements to dismantle warheads under the treaty, the lack of a reduction schedule, the failure to address tactical nuclear weapons are often cited as critical flaws. To be sure, the treaty could have been more expansive, rigid, and demanding and we could have followed the cold war template for arms control negotiations and entered into a multi-year discussion process. But that did not serve the interests of either side. Furthermore, the treaty cannot be the answer to all the challenges we face. If we had sought to construct such an agreement, it would surely have been crushed under its weight. I share some of the concerns and fears expressed by the critics. For instance, what happens to the nuclear warheads taken from dismantled Russian delivery systems? I am confident in U.S. storage and appreciate the flexibility it permits in our strategic systems, but I am concerned with the parallel Russian process. We must work with Russia to make certain that these dangerous weapons do not fall into the wrong hands. However, there are readily available means to address those deficiencies. Furthermore, without U.S. assistance Russia cannot meet the timetable of its obligations under this treaty. The primary vehicle for cooperation in reducing weapon levels set by the Moscow Treaty and addressing the threat posed by warhead security will be in my judgment the Nunn-Lugar Cooperative Threat Reduction Program. Without Nunn-Lugar it is unlikely that the benefits of this treaty will be realized. My concerns about treaty implementation are compounded, unfortunately, by the current impasse we face over the Nunn- Lugar certification process. Each year our President is required by law to certify to Congress Russia is committed to goals of arms control. This year the administration requested a waiver to this condition, pointing out that unresolved concerns in the chemical and biological arenas made this difficult. In the meanwhile, existing Nunn-Lugar activities and projects may continue, but no new projects can be started and no new contracts can be finalized. President Bush has requested a permanent annual waiver so that Nunn-Lugar can continue its important work. There are some in Congress who prefer just a 1- year waiver or no waiver at all. Without a permanent waiver, the President would be forced to suspend dismantlement assistance each year on the pending issues and on the Moscow Treaty as I read it, until Congressional action came to activate the waiver. This could lead to delays of up to 6 months or more, as we are experiencing this year. Let me assure my colleagues this is not a hypothetical situation. It is happening right now. It has been more than 5 years since the United States and Russia each ratified the Chemical Weapons Convention, but no Russian chemical weapons are being destroyed. It is 5 years later. There are submarines awaiting destruction at the Kola Peninsula, regiments of SS-18's loaded with 10 warheads apiece standing in Siberia, almost 2 million rounds of chemical weapons in relatively small and discrete shells awaiting elimination at Shchuchye. But can Nunn-Lugar hire American firms to dismantle these weapons? The answer is no. We must wait, watch these dangerous weapons systems sit in their silos, float next to the docks, or sit on the tarmac while the conference process between the two houses of Congress continues on the defense authorization bill. Without the granting of a permanent waiver, the current situation will recur frequently in the years ahead. This could delay full implementation of the Moscow Treaty far beyond the envisioned 10-year time period. If Nunn-Lugar is suspended for 6 months each year, it could take 20 years, not 10, to dismantle the Russian weapons covered by the treaty. In conclusion, Mr. Chairman, the treaty is important. It is a tremendous step in the right direction. The treaty alone is insufficient to meet our security needs. As you pointed out, we were blessed by a meeting with the President, the Vice President, Condoleeza Rice, Andy Card, and the two of us in which we discussed these issues in the same way that I am discussing them publicly today. The Chairman. You were even a little more forceful then. Senator Lugar. I would simply say that I share the enthusiasm of the Chairman to work with you and with the President for ratification of this treaty. At the same time, we pointed out to the President that the treaty is not self- enforcing and will not happen by chance, and that the methods of bringing it to a conclusion are important, and that we appreciate very much your appearance today in giving your views. The Chairman. Mr. Secretary, I want the record to reflect that I would like to associate myself with the remarks of the Senator from Indiana. My instinct is that there are many in the administration who feel as strongly as he does and maybe we can talk about that as we go down the line here. The floor is yours, Mr. Secretary. Again, welcome. It is an honor to have you back. STATEMENT OF HON. COLIN L. POWELL, SECRETARY OF STATE Secretary Powell. Thank you very much, Mr. Chairman and members of the committee. It is always a pleasure to appear before the Senate Foreign Relations Committee, and I thank you for your warm welcome. I am accompanied by members of my staff as usual, but I particularly want to single out Under Secretary John Bolton, who is here with me this morning and who was a principal negotiator on the Moscow Treaty, and through this means to thank John and the members of his staff, many of whom are present here, for the fine work that they did in bringing this treaty into being. I am pleased to appear before the committee to seek its support for the treaty between the United States of America and the Russian Federation on Strategic Offensive Reductions, known as the Moscow Treaty, signed in Moscow on May 24, 2002. The Moscow Treaty marks a new era in the relationship between the United States and Russia. The treaty codifies both countries' commitment to make deep strategic nuclear weapons reductions in a flexible and legally binding manner. The treaty transitions us from strategic rivalry to a genuine strategic partnership based on the principles of mutual security, trust, openness, cooperation, and predictability. The Moscow Treaty is one important element of a new strategic framework which involves a broad array of cooperative efforts in political, economic, and security areas. Let me take a moment and outline for you the essential parts of the treaty. The United States and Russia both intend to carry out strategic offensive reductions to the lowest levels possible consistent with our national security requirements, alliance obligations, and reflecting the new nature of our strategic relations. The treaty requires the United States and Russia to reduce and limit our operationally deployed strategic nuclear warheads to between 1,700 and 2,200 each by December 31st, 2012, a reduction of nearly two-thirds below current levels. The United States will implement the treaty by reducing its operationally deployed strategic nuclear warheads to between 1,700 and 2,200 through removal of warheads from missiles in their launchers and from heavy bomber bases and by removing some missile launchers and bombers from operational service. For purposes of this treaty, the United States considers operationally deployed strategic nuclear warheads to be reentry vehicles on intercontinental ballistic missiles and their launchers, reentry vehicles on submarine-launched ballistic missiles and their launchers on board submarines, and nuclear armaments loaded on heavy bombers or stored in weapons storage areas of heavy bomber bases. In addition, a small number of spare strategic nuclear warheads are located at heavy bomber bases. The United States does not consider these spares to be operationally deployed strategic nuclear warheads. In the context of this treaty, it is clear that only nuclear reentry vehicles as well as nuclear armaments are subject to the 1,700 to 2,200 limit. The Strategic Arms Reduction Treaty, or START, continues in force unchanged by this treaty. In accordance with its own terms, START will remain in force until midnight December 5, 2009, unless it is superseded by a subsequent agreement or extended. START's comprehensive verification regime will provide the foundation for confidence, transparency, and predictability in further strategic offensive reductions. As noted in the May 24 joint declaration on new strategic relationship, other supplementary measures, including transparency measures, may be agreed in the future. The treaty also establishes a bilateral implementation commission, a diplomatic consultative forum that will meet at least twice a year to discuss issues related to the implementation of the treaty. This commission will be separate and distinct from the consultative group for strategic security. This group was established by the joint declaration of May 24 and will be chaired by foreign and defense ministers, with the participation of other senior officials, and will be a broader forum to discuss issues of security significance and to enhance mutual transparency. The treaty will enter into force on the date of the exchange of instruments of ratification. It is to remain in force until December 31st, 2012, and may be extended by agreement of the parties or superseded earlier by a subsequent agreement. The treaty also provides that each party, exercising its national sovereignty, may withdraw from the treaty upon 3 months written notice to the other party. Mr. Chairman, I believe the Moscow Treaty is fully consistent with the President's promise to achieve a credible deterrent with the lowest possible number of nuclear weapons consistent with our national security requirements. The treaty reduces by two-thirds the number of strategic nuclear warheads available for ready use while preserving America's ability to respond promptly to changing future situations. These nuclear force reductions will not be accomplished within the old cold war arms control framework. Instead, the Moscow Treaty reflects the emergence of a new strategic relationship between the United States and Russia. We understand that this new relationship is still a work in progress. Russia is an emerging partner with the United States on a broad range of issues where we have increasingly shared interests and values. But Russia's relationship with the United States is not yet comparable to the relationship America has with its nuclear- armed allies, Britain and France. Russia's transformation to a democracy and a market economy still faces a number of challenges, and its interests and those of the United States may not always coincide. We understand there is work to be done if we are to fully implement the joint declaration. But our new strategic relationship gives us a strong foundation to stand upon, one that will allow us to discuss our differences candidly and work to resolve them in a constructive manner. The Congress also has an important role to play in furthering development of a new strategic relationship with Russia. There are a number of issues where we need the Congress' help in doing our part. We need the Congress to end Jackson-Vanik's application to Russia, to authorize permanent normal trading relations status for Russia, and to waive Cooperative Threat Reduction certification requirements that are so important to the programs that Senator Lugar just spoke to. The Senate's approval of the Moscow Treaty will also make an important contribution to the strengthening of our new relationship. Mr. Chairman, by deeply reducing our strategic nuclear warheads while preserving both Russia's and America's flexibility to meet unforeseen contingencies, the Moscow Treaty will enhance the national security of both countries and I strongly recommend that the Senate give its advice and consent to its ratification at the earliest possible date. Mr. Chairman, I have a longer statement which I would like to provide for the record, and with your permission I would also like to add another little personal P.S. to this opening presentation. The Chairman. Without objection. Secretary Powell. Mr. Chairman, this is a different treaty in a different world than the world I knew so well as a soldier. Last night I was trying to remember how many times I have appeared before this committee on the ratification of a treaty and I got lost somewhere between four and five times: INF, CFE, START I, Protocol to PNET, Protocol to TDBT, a number of agreements that I have come up here and spoke to. What all of those agreements had in common was that they were products of the cold war, a reflection of the cold war, a reflection of the world that I knew as a soldier for 35 years, a world that I could summarize for you with a little anecdote of my experience as a corps commander in Germany. I commanded 75,000 soldiers and I was astride the Fulda Gap, the narrowest corps area in all of NATO from the north to the south, right in the center of Germany. I was opposed across the Fulda Gap by the Eighth Guards Army of the Soviet Union, commanded by Major General Achelov. Achelov knew me and I knew Achelov. We had our pictures on each other's desks, we determined later when we got to know each other in a more informal manner. I knew exactly what his plans were and he knew how I would try to defend my Fifth Corps in central Germany from his attack, because his army would be followed by another army and then a third army and then additional armies that would come in from Russia. I only had my one corps, waiting to be reinforced by units coming from the United States. It was a war that would be intense. It would start out conventionally, and if I did not succeed in those first few days, the first week or so, in stopping General Achelov's Eighth Guards Army and the reinforcing armies behind his, then he and those reinforcing armies might reach Frankfurt, my corps headquarters. Once they got to Frankfurt, it was an easy shot down the river to the bridges across the Rhine at Weisbaden, and at that point NATO would have been split pretty much in half. My plan was to defend conventionally with the two divisions and the cavalry regiment I had to the best of our ability. We were going to give it a hell of a fight. But we fully expected that somewhere before that first week was up I would start to have to consider the use of tactical nuclear weapons in order to break up those formations that were coming at me. I had tactical nuclear weapons within my corps. I also had plans to ask for the release of not only those weapons, but other weapons, the GLCM's and the Pershings that we had put in there in the early eighties, knowing that sooner or later, if this continued up this horrible chain of circumstances, it could result in thermonuclear exchange of the highest order, strategic weapons going across the Atlantic to the East and coming back to the West from the Soviet Union. It was a scenario that I had to live with, we all had to live with, we all had to work with. But it was a terrifying scenario and one that no person in his right mind, soldier or civilian, could have ever wanted to see unfold. It was a disastrous situation. We contained it. We managed it. We deterred, both sides deterred the other. In fact, it was us who were deterring the Russians and they thought they were deterring us. At least that was their story and they were sticking with it. But it was really the other way around. After leaving my corps and then coming back and going to work for President Reagan as his Deputy, then National Security Advisor, I watched that whole world go up, just go away, with the realization that they would never defeat us militarily and they were losing economically. So the Soviet Union came to an end. But during all those years as we tried to manage this, as we tried to contain this, it was always a matter of getting a balance of horror between the two sides. It was always a matter of matching each other--countervalue, counterforce, tactical nukes, going to strategic nuclear exchange. It was all a matter of managing that. So we always had to match each other in one way or another. But then the cold war ended and we could do new things we never would have dreamed of. The INF Treaty was the first step in that direction, eliminating a whole class of nuclear weapons on both sides. Then we moved into START I with significant reductions, began START II with even more significant reductions. You may recall, Mr. Chairman and members of the committee, when President Bush unilaterally got rid of all of our tactical nuclear weapons except for a fairly small number of tactical nuclear weapons retained in the Air Force. We did that in just a matter of weeks because of the new environment presented to us by President Gorbachev and the situation that existed in the early nineties. So the nineties came and the nineties went, and President Bush came into office and we found a situation where both sides still had too many nuclear weapons for the kinds of dangers that one might see out there. President Bush gathered his advisers around him and he instructed us as follows: Find the lowest number we need to make America safe, to make America safe today and to make America safe in the future. Do not think of this in cold war terms, don't think in terms of how many more weapons do we have to have in order to make the rubble bounce even more. Don Rumsfeld and his colleagues in the Pentagon, my buddies in the Joint Chiefs of Staff and out in Omaha and the other headquarters and the theater commanders went to work on this, and they studied this simple proposition, this simple question posed by the President for months and they came up with an answer in the fall of last year. In the mean time, as Senator Lugar noted, President Bush on the 1st of May at the National Defense University last year gave a clear statement of his desire for a new strategic framework with the Russians that would involve strategic offensive reductions, missile defense activities, and the elimination of the ABM Treaty, which essentially was the barrier to a new strategic framework because we could not do missile defenses. It was a controversial speech, but it laid out a vision that really has come full circle and full flower. In the fall, the Pentagon produced their answer: somewhere between 1,700 and 2,200 operationally deployed strategic weapons would serve U.S. interests now and into the future. We can safely go down to that level over a period of time while we watch a still uncertain world unfold before us. The important thing to remember here, we did ask the Russians, what number do you want to go to? We did not ask the Russians or say to the Russians: We are going to this number; do you want to go with us? We knew that the Russians were facing the same kind of challenge, and President Putin had indicated informally and in some statements that he was looking at a number even lower than that, down to 1,500. But it was not a matter of negotiation between the two sides as to what number we were going to come out at. What President Bush said when he got the number from the Pentagon and all the advisers agreed to that number and said this makes sense, he said to President Putin: This is where we are going. We are going there unilaterally. Come with us or not. Stay where you are or not. This is what the United States needs and it does not need it because you are an enemy; it needs this because of the nature of the world we live in, and we see you as a partner. So you can do whatever you think you have to do for your security. You can MIRV your missiles, you can keep more, you can go lower. Do what you think you need. This is what we know we need and we are going to this level. The Russians took all of this aboard. We had the most serious and intense discussions between the two parties, and in due course, a month after the Washington summit, President Putin responded. He responded a week or so after I had visited with him and told him that President Bush intended to announce his termination of the ABM Treaty. President Putin accepted that, did not like it, disagreed with it, thought it was the wrong decision, but accepted it. He said to me: We are nevertheless going to go forward and find a new strategic framework. We do not feel threatened by your leaving the ABM Treaty. We announced our withdrawal from the ABM Treaty and the very next day President Putin expressed his disagreement and displeasure that we had done that, said nevertheless he did not feel threatened, also said that he was anxious to develop a new strategic framework, and then matched the number by saying he too wanted to go down to 1,700 to 2,200. It would have been fine if both sides had proceeded unilaterally to go to those numbers. The Russians felt strongly that if it was a new relationship then let us make sure this relationship would exist over time, and therefore let us make this a legally binding agreement between the two nations. Let us make it last beyond one Presidency, let us make it last to some period in the future, let us give some confidence to our people that these are the acts, not just of two Presidents, but of two countries, two governments; let us have our two legislative bodies in whatever way they choose ratify this and make it binding in international law. That is what President Putin felt was appropriate. We considered it and President Bush in his desire to have this kind of strong partnership with the Russian Federation and with President Putin, agreed with that proposition and instructed me and Secretary Rumsfeld and his other advisers to work to accomplish that objective. We worked over a period of several months. As Senator Lugar and others have noted, it did not take forever. It is not 53 volumes thick. It was straight and it was to the point. Its simplicity is reflective of the new world we are living in, simplicity in that it merely says these are the levels that both of us are going to, we each have declared what this level is and we will meet that level on December 31, 2012. Each of us will decide, based on our own needs, how we will get to that level, what the glide path will be. Maybe we will get to it much earlier than that. Maybe the Russians will go below it. Each side is able to choose and each side is able to decide how they want to distribute this number. It will be a finite number between 1,700 and 2,200 at some point. Maybe it will float in that range, but sooner or later it will be a number that settles between 1,700 and 2,200. They will decide, each side will decide, how to get there. We have the verification provisions of START which continue through 2009 and they are subject to be extended if both sides agree to that. So the verification provisions of the original START Treaty give us a lot with respect to transparency, with respect to what is going on, with respect to consultative bodies that discuss these issues, with respect to inspections. On top of that we have created in this treaty a bilateral implementation committee that will meet twice a year, or more often as necessary, to see how we are doing, to see what your plans are, to exchange plans, to exchange ideas, to see if we need more transparency to give us confidence. Then on December 31, 2012, the treaty will go out of effect, having on that date hit the limit. Now, it is unlikely it will unfold that way. I suspect before then we will have found out what that new limit is and will have worked down to it, and both sides might believe it useful to extend it beyond that 10-year period. So I would not focus so much on that particular day, because we have the opportunity to do more beyond that day. It is a treaty that I think makes sense. It is reflective of the new environment. There are things that it does not do. For example, it does not specifically eliminate warheads. No previous arms control treaty has done that. INF did not do it; START I did not do it; START II would not have done it if it had come into effect. So warhead accountability and destruction and disposition is an extremely complex matter that was not solved by previous, much more intensive arms control negotiations, and we did not try to solve it here. We believe that the Russians will act in the same way that we are going to act, and that is as we bring these warheads off these missiles or take these armaments away from their bombers we will store them securely as possible using hopefully even more money that we will get from Nunn-Lugar CTR actions as well as the new 10 plus 10 over 10, whatever else it takes to help the Russians make sure that theirs is secure. From that stockpile of secured warheads, many will be destroyed. I do not think there is any incentive on the part of either party to keep warheads that are not going to be needed, either as replacement warheads as warhead life expires or for whatever testing may be necessary to make sure the stockpile, non-explosive testing, to make sure the stockpile is safe and secure, or just to make sure that you have some little hedge in case something goes wrong. But I think it will be a safer and more secure world. The first step in the destruction of any warhead is take it off its missile, take it off its bomber, and then secure it as tight as we can to make sure it does not become a proliferating problem. Then we slowly get about the task of getting rid of those that are not needed, getting rid of the cost of maintaining an inventory that we do not need. There is no incentive to keep weapons we do not need, and I think that pressure will be there and certainly this committee and the other committees of Congress are in a position to apply the pressure. We did not deal with tactical nuclear weapons in this treaty because the treaty was not intended to do that. Tactical nuclear weapons remain an issue. Secretary Rumsfeld is particularly interested in this issue because, while we have not many left and we have complied with what we said we were going to do on a unilateral basis back in 1991 and 1992, the Russians still have quite a few in various states of repair, disrepair, need of maintenance, and operational. We will be pressing them in discussions. In the four-party discussions that I will be having with Secretary Rumsfeld and the two ministers Ivanov, Sergei Ivanov defense minister, Igor Ivanov my foreign ministry counterpart, these are the kinds of issues we will start the talk about: how can we get into the problem of theater nuclear weapons and how do we get a handle on this issue as well? This is more of a problem of proliferation, I would say, than are the strategic warheads. So all of these issues will have to be worked as part of moving forward. But this is a good treaty. It makes sense. It is reflective of the new relationship that exists between the Russians and the Americans, and it should be seen in that light and not measured against the cold war light, where everybody was trying to make sure we were absolutely in sync. Just keep in mind, what we are doing in this treaty we were going to do anyway. If there is something that has been gained from this treaty, it is whereas we have enormous transparency because of our open system and because of Congress watching and oversighting what our Pentagon and our defense activities do with respect to these kinds of programs, it was not quite the same thing on the Russian side. But with this treaty we probably have gained an opportunity for greater transparency and get a better handle on what they may be doing and enhance predictability. So I think this is a good treaty in that it serves both parties. Both parties get an advantage from this treaty; both parties benefit from the treaty. But above all, the world benefits, because no later than 31 December 2002 the levels that we now see will have been reduced to no more than the limits shown in this treaty, at least a two-third reduction, and nothing prevents either side from going lower should that be their choice. Mr. Chairman, with that I will stop and take your questions. [The prepared statement of Secretary Powell follows:] Prepared Statement of Secretary of State Colin Powell Mr. Chairman, members of the Committee, this is my tenth hearing since January. So you know how much I value these exchanges--and I am confident that you do as well. My appearance before your committee on this particular occasion has a more formal character than the previous nine. On this occasion I am pleased to appear before the Foreign Relations Committee to seek its support for the Treaty Between the United States of America and the Russian Federation on Strategic Offensive Reductions--the Moscow Treaty--signed at Moscow on May 24, 2002. By long tradition, the Secretary of State is the first member of the Administration to testify in support of treaties submitted to the Senate for its advice and consent. The Moscow Treaty marks a new era in the relationship between the United States and Russia. It codifies both countries' commitment to make deep strategic offensive reductions in a flexible and legally binding manner. It facilitates the transition from strategic rivalry to a genuine strategic partnership based on the principles of mutual security, trust, openness, cooperation and predictability. The Moscow Treaty is one important element of a new strategic framework, which involves a broad array of cooperative efforts in political, economic and security areas. On May of last year, even before his first meeting with President Putin, President Bush outlined his vision of this new framework in a speech at the National Defense University (NDU). The President stated that, while the United States may continue to have areas of difference with Russia, we are not and must not be strategic adversaries. In that regard, President Bush said that he wanted to change our relationship from one based on a nuclear balance of terror, to one based on common responsibilities and interests. The strategic nuclear dimension of the framework the President laid out had several elements. The President made a commitment to achieving a credible deterrent with the lowest possible number of nuclear weapons consistent with our national security requirements, including our obligations to our allies, and stated that his goal was to move quickly to reduce our nuclear forces. He made clear his desire to leave behind the constraints of an ABM Treaty that not only was outdated but also perpetuated a relationship with Russia based on distrust and mutual vulnerability. President Bush declared that we should work together with Russia to replace the ABM Treaty with a new cooperative relationship that would leave behind the adversarial legacy of the Cold War. A little over fourteen months later, and after five meetings with President Putin, the President has acted on all of the elements of the strategic framework he proposed during his NDU speech and he has acted in a way that has significantly advanced our overall relationship with Russia. Let me briefly review that relationship to illustrate the broader context in which it now exists. The tragic events of September 11 brought to the forefront a major shared objective of the United States and Russia to combat terrorism. Pursuing that objective has had a positive impact on our relationship. President Putin was the first world leader to call President Bush on the morning of September 11. Less well known is the degree of trust and cooperation that was manifest that day, and in subsequent days, in our strategic interaction. The events of September 11 resulted in the United States briefly raising the alert, or DEFCON, level of our strategic forces, and, for a longer period, increasing Force Protection levels at our military bases, including those bases where our strategic forces are located. During the Cold War, any increase in alert levels by one side was likely to engender a reaction in kind because of mutual suspicions and distrust. It is a measure of the degree of transparency and trust that has developed in the United States-Russian relationship that President Putin felt no such need. In fact, to ensure there would be no miscalculation, the Russians let us know they were voluntarily suspending major elements of an ongoing strategic forces exercise and later agreed to our request to suspend temporarily some inspection activities under the START Treaty at bases that were placed under a heightened state of alert. The developing strategic relationship between the United States and Russia was also evident on December 13 of last year, when President Bush announced that the United States would withdraw from the ABM Treaty. Although Russia did not agree with our decision to withdraw, President Putin's response that same day was pragmatic in tone and recognized that the U.S. decision did not present a threat to Russia's security. As the United States-Russian relationship has broadened and deepened, the significance of U.S. withdrawal from the ABM Treaty has diminished. Our withdrawal has not spurred an arms race or undermined strategic stability. In fact, President Putin also used his December 13 statement to call for reductions in strategic offensive weapons to between 1,500 and 2,200, thus responding positively to President Bush's announcement during the Washington/Crawford Summit that the United States would reduce its operationally deployed strategic nuclear warheads to a level between 1,700 and 2,200 over the next decade. Since December 13, Russia has focussed on how to move our bilateral relationship forward. The Joint Declaration on the New Strategic Relationship Between the United States and the Russian Federation that was signed on May 24 in Moscow reflects not only our agreement to deep reductions in strategic nuclear warheads, but also records our agreement to implement a number of steps aimed at increasing confidence, transparency, and cooperation in the area of missile defense. Moreover, strategic issues are only a part of the broader 21st Century relationship we are developing with Russia. Very early on Presidents Bush and Putin agreed that our new relationship would be broadly based--encompassing political, economic, and security components. The Joint Declaration reflected the significant progress we have made in all of these areas. On political issues we are already acting as partners in addressing many of the challenges we both now face. For example, the United States-Russia Working Group on Afghanistan has been invaluable in the war against terrorism. Its mandate has now been expanded to include other geographical areas and new and related threats and, as such, it has been renamed the Working Group on Counterterrorism. The United States and Russia are cooperating to transform Afghanistan into a stable and viable nation. To illustrate, the degree of cooperation with Russia on our efforts in Central Asia has been unprecedented. Moscow's support has included intelligence sharing, search and rescue assistance, and endorsement of Central Asian states' decision to accept our troop presence on their territories. Russia has even dispatched two military liaison officers to U.S. Central Command (USCENTCOM). We are also working together constructively to resolve regional conflicts, including those in Abkhazia, Nagorno-Karabakh, the Middle East and, most recently, in South Asia. Russia and NATO are also increasingly allied against regional instability and other contemporary threats. At the May 28 NATO-Russia Summit in Rome, we inaugurated a new NATO-Russia Council (NRC) which will allow NATO member states and Russia to work as equal partners in areas of common interest. The NATO Allies and Russia are ready to begin work in earnest on all of the NRC agenda items approved at the Rome Summit. Initial successes in the NRC will lay a basis for further expanding cooperation between NATO and Russia. The United States and Russia are also cooperating effectively on transnational issues other than terrorism such as dealing with illegal drugs and combating organized crime. For example, the entry into force of the Treaty on Mutual Legal Assistance in Criminal Matters earlier this year was a welcome step forward on the issue of fighting organized crime. Our cooperation in the economic sphere, and encouraging the development of an efficient market economy in Russia, are also high on our mutual agenda. We want to expand economic ties between the United States and Russia and further integrate Russia into the world economy with full rights and responsibilities. We support Russia's accession to the World Trade Organization. By holding Russia to the same standards we would any country seeking to join the WTO, we are reinforcing Moscow's broader economic reform efforts and helping Russia prepare for a larger role in the global economy. Success in our bilateral economic and trade relations also demands that we move ahead. The Department of Commerce's recent decision to treat Russia as a market economy under the provisions of U.S. trade law is an important step forward. Mr. Chairman, the Moscow Treaty is emblematic of our increasingly broader, cooperative relationship with Russia. Just as our relationship now has a fundamentally different basis, so the Moscow Treaty also represents a new way of doing business in the strategic nuclear realm. Let me take a moment and outline for you the essential parts of the Treaty. reduction requirements As I indicated, the United States and Russia both intend to carry out strategic offensive reductions to the lowest possible levels consistent with our national security requirements and alliance obligations, and reflecting the new nature of our strategic relations. The Treaty requires the United States and Russia to reduce and limit our strategic nuclear warheads to between 1,700 and 2,200 each by December 31, 2012, a reduction of nearly two-thirds below current levels. The United States intends to implement the Treaty by reducing its operationally deployed strategic nuclear warheads to between 1,700 and 2,200 through removal of warheads from missiles in their launchers and from heavy bomber bases, and by removing some missiles, launchers, and bombers from operational service. For purposes of this Treaty, the United States considers operationally deployed strategic nuclear warheads to be reentry vehicles on intercontinental ballistic missiles (ICBMs) in their launchers, reentry vehicles on submarine-launched ballistic missiles (SLBMs) in their launchers onboard submarines, and nuclear armaments loaded on heavy bombers or stored in weapons storage areas of heavy bomber bases. In addition, a small number of spare strategic nuclear warheads are located at heavy bomber bases. The United States does not consider these spares to be operationally deployed strategic nuclear warheads. In the context of this Treaty, it is clear that only ``nuclear'' reentry vehicles, as well as nuclear armaments, are subject to the 1,700-2,200 limit. relationship to start The Strategic Arms Reduction Treaty (START) continues in force unchanged by this Treaty. In accordance with its own terms, START will remain in force until midnight December 5, 2009, unless it is superseded by a subsequent agreement or extended. START's comprehensive verification regime will provide the foundation for confidence, transparency and predictability in further strategic offensive reductions. As noted in the May 24 Joint Declaration on the New Strategic Relationship, other supplementary measures, including transparency measures, may be agreed in the future. the bilateral implementation commission The Treaty establishes a Bilateral Implementation Commission (BIC), a diplomatic consultative forum that will meet at least twice a year to discuss issues related to implementation of the Treaty. The BIC will be separate and distinct from the Consultative Group for Strategic Security, established by the Joint Declaration of May 24, which will be chaired by Foreign and Defense Ministers with the participation of other senior officials and which will be a broader forum to discuss issues of strategic significance and to enhance mutual transparency. entry into force, duration, and right of withdrawal The Treaty will enter into force on the date of the exchange of instruments of ratification. It is to remain in force until December 31, 2012, and may be extended by agreement of the Parties or superseded earlier by a subsequent agreement. The Treaty also provides that each Party, in exercising its national sovereignty, may withdraw from the Treaty upon three months' written notice to the other Party. status of start ii treaty The START II Treaty, which was signed in 1993, and to which the Senate gave its advice and consent in 1996, never entered into force because Russia placed unacceptable conditions on its own ratification of START II. Russia's explicit linkage of START II to preservation of the ABM Treaty and entry into force of several agreements, signed in 1997, which related to ABM Treaty succession and ABM/TMD demarcation, made it impossible for START II to enter into force. With signature of the Moscow Treaty, however, the United States and Russia have now taken a decisive step beyond START II that reflects the new era in United States-Russia relations. how we arrived at what you have before you Mr. Chairman, the Treaty you have before you is different from Cold War arms control agreements because:It does not call for exact equality in numbers of strategic nuclear warheads. It is no longer appropriate to size our military capabilities against any single country or threat, and the end of superpower competition and adversarial style arms control negotiations has removed any political requirement for strict parity. It does not contain any sublimits or bans on categories of strategic forces. The need for a highly regimented strategic forces structure was the product of now outdated concepts of strategic stability that were necessary when we needed to regulate the interaction of the strategic forces of two hostile nations to reduce the structural incentives for beginning a nuclear war. Now we have nothing to go to war about. The Treaty does not contain its own verification provisions. United States security and the new strategic relationship with Russia do not require such provisions. What you have before you is a Treaty that is both simple and flexible. Article I contains the single central obligation of the Treaty which is for the Parties to reduce and limit their strategic nuclear warheads to no more than 1,700-2,200 for each side. The Treaty deliberately focuses on strategic nuclear warheads. It does not limit the number of ICBMs and SLBMs or their associated launchers; nor does it limit the number of heavy bombers. From the outset, our objective was to reduce dramatically the number of strategic nuclear warheads available for immediate use, and the Moscow Treaty clearly meets this objective. The Treaty is also highly flexible. Article I, by referencing the individual statements of Presidents Bush and Putin, makes clear that the Parties need not implement their reductions in an identical manner. President Bush made clear on November 13 of last year that the United States will meet the 1,700 to 2,200 limit by reducing our number of operationally deployed strategic nuclear warheads. This is a departure from the way in which warheads are counted under the START Treaty, but one that more accurately represents the real number of warheads available for use immediately or within days. During the course of the negotiations, we proposed a detailed definition of ``operationally deployed strategic nuclear warheads,'' but we did not achieve it and so the Treaty does not contain such detail. Nor did President Putin state explicitly how Russia intends to implement its reductions. During the negotiations, the Russians suggested that they anticipated reducing warheads by eliminating or converting missiles, launchers and heavy bombers in a manner similar to the counting concepts in the START Treaties. Should Russia elect to achieve the 1,700-2,200 warhead level in this way, or by using the U.S. method, the result in either case will limit the number of strategic nuclear warheads available for immediate use. Russia is also free to choose another method for making its required reductions. Some have expressed concern that the Moscow Treaty does not require the destruction of warheads. No previous arms control treaty--SALT, START or INF--has required warhead elimination. Contrary to what was frequently reported in the press, the Russians did not propose a regime for verifiable warhead elimination during the negotiations. Given the uncertainties we face, and the fact that we, unlike Russia, do not manufacture new warheads, the United States needs the flexibility to retain warheads removed from operational deployment to meet unforeseen future contingencies and possible technical problems with the stockpile. That said, the Moscow Treaty does not prevent the United States and Russia from eliminating warheads and we anticipate that both Parties will continue to do so. For our part, some of these warheads will be used as spares, some will be stored, and some will be destroyed. Economics, our new strategic relationship with Russia, obsolescence, and the overall two-thirds cut in U.S. and Russian inventories mandated by the Treaty will undoubtedly result in continued warhead elimination. The Treaty is also highly flexible in other ways. Within the bounds of the aggregate limit on numbers of strategic nuclear warheads, each side is free to determine for itself the composition and structure of its strategic offensive arms. As I noted earlier, the Treaty does not limit the total number of strategic delivery vehicles or contain either numerical sublimits or bans on categories of forces. We saw no strategic need for such limits given our new relationship with Russia and the low levels of forces to which both sides will reduce. But today Russia is not our sole concern. The international system is no longer bipolar. It has become more fluid and unpredictable. We cannot forecast with confidence what nation, combination of nations, or non-state actors may pose a threat to our vital national interests or those of our friends and allies in the years to come. Nor can we tell what WMD capabilities and delivery systems such adversaries may be armed with. We must maintain the freedom to determine the composition and structure of our nuclear forces. Secretary Rumsfeld and General Myers will be able to discuss with you in more detail the approach the Department of Defense has adopted to planning our strategic nuclear capabilities when they testify before this Committee next week. The Treaty provides flexibility in another regard. Article IV permits either Party the ability to withdraw from the Treaty upon three months written notice to the other Party. This period is shorter than has been typical in previous arms control agreements. The Moscow Treaty thus allows greater flexibility for each side to respond to unforeseen circumstances, whether those circumstances are technical problems in the stockpile, changes in the international environment, or the emergence of new threats. In negotiating the Moscow Treaty, the Administration did not seek any new verification measures. As the President stated last November 13, the United States intended to carry out its reductions unilaterally, no matter what action Russia took. President Putin's welcome decision to reciprocate, and the recording of these reduction commitments in a legally-binding Treaty, is a welcome sign of our new, cooperative strategic relationship--a relationship that does not depend on our ability to verify Russian reductions. That said, Article II of the Treaty recognizes that the START Treaty remains in force in accordance with its terms. The START Treaty's provisions do not extend to the Moscow Treaty, and its verification provisions were designed with START's different counting rules in mind. However, we believe that the START verification regime, including its data exchanges, on-site inspections, and provisions concerning telemetry, conversion, and elimination, and mobile missile forces, will continue over the course of the decade to add to our body of knowledge regarding the disposition of Russia's strategic nuclear warheads and the overall status of reduction in Russia's strategic forces. Most importantly, however, I would point once again to our new strategic relationship with Russia. The Preambles to both the Moscow Treaty and the Joint Declaration on the New Strategic Relationship Between the United States and Russia state that this new relationship will be based on a number of principles, including mutual security, trust, openness, cooperation and predictability. These are principles that help to define a normal relationship between two countries that now consider themselves to be partners. The verification regimes that have accompanied our previous arms control agreements with Russia have, in contrast, been the product of two countries suspicious and distrustful of one another--two countries that considered each other as a strategic threat. I have submitted to the Congress a report required by Section 306 of the Arms Control and Disarmament Act on the verifiability of the Moscow Treaty. In that Report, I conclude that the Treaty is not constructed to be verifiable within the meaning of Section 306, and it is indeed not. A treaty that was verifiable under the old Cold War paradigm was neither required nor relevant in this case. As I indicated earlier, the Joint Declaration signed in Moscow establishes a Consultative Group for Strategic Security, to be chaired by Foreign and Defense Ministers, that will become the principal mechanism through which the United States and Russia will strengthen mutual confidence, expand transparency, share information and plans, and discuss strategic issues of mutual interest across a broad range of international security issues. The first meeting of the Consultative Group will take place in September on the margins of the UN General Assembly meeting in New York. When we prepare for this meeting, we will consider whether to pursue expanded transparency as one of the early issues the Group will address. I believe the new strategic relationship will continue to mature over time, and over the lifetime of the Moscow Treaty, and that openness and transparency will become an accepted and normal part of all areas of our new strategic relationship. anticipating some of your questions As we went about negotiating the Moscow Treaty, one of the questions foremost in my mind as a former soldier and Chairman of the Joint Chiefs of Staff, was how will we address tactical nuclear weapons? We continue to be concerned about the uncertainties surrounding Russian non-strategic nuclear weapons (NSNW), and I believe we should discuss inventory levels of NSNW with the Russians and press Moscow to complete the reductions it pledged to make in 1991 and 1992. The United States has made very significant changes to its nuclear policy and force structure since the end of the Cold War. Since 1991, the types and numbers of NATO non-strategic nuclear forces have been reduced by approximately 85 percent, including the elimination of entire categories of NSNW. The Russians have also made significant parallel unilateral reductions in their NSNW. Through NATO, we are now focusing on developing confidence building and transparency measures with Russia. NATO has presented Russia with four proposals for nuclear Confidence and Stability Building Measures (CSBMs) as part of a process established by the April 1999 NATO Washington Summit. These proposals are intended to enhance mutual trust and to promote greater transparency. I believe that NATO and Russia both have recognized the value of consultations on non-strategic nuclear forces. The Russians have agreed to continue to engage in this process. Moreover, in addition to unilateral reductions and confidence building and transparency measures, the many ongoing Cooperative Threat Reduction programs with Russia are designed to improve the safety and security of all Russian nuclear weapons--including NSNW. Mr. Chairman, again as a former military professional, I also wanted to know about Multiple, Independently Targetable Re-entry Vehicles, or MIRVs. In short, does the Moscow Treaty allow the Russians to restructure their strategic forces through a greater use of MIRVs, and if so, is this in the United States' interest? The Moscow Treaty does not restrict a Party's decisions as to how it will implement the required reductions. The Treaty states that ``Each Party shall determine for itself the composition and structure of its strategic offensive arms, based on the established aggregate limit for the number of such warheads.'' Each Party will thus have flexibility in structuring its forces to reach these new low levels for strategic nuclear warheads. Specifically stated, the Moscow Treaty does not place restrictions on Russia's potential to restructure its strategic forces by using MIRVs. We are convinced that this will not adversely impact U.S. national security. Since neither the United States nor Russia has any incentive to launch nuclear weapons at each other, we no longer view Russian deployment of MIRVed ICBMs as destabilizing to our strategic relationship. Mr. Chairman, some committee members may want to question the ten- year deadline in the Moscow Treaty. Why is there such a distant deadline in the Treaty when it would appear that both the United States and Russia could reduce weapons much quicker? Also, why does the treaty end at the deadline for meeting its objectives? The Treaty will take the United States and Russia along a predictable path to substantial reductions--from the current levels of 5,000-6,000 warheads to 1,700-2,200 warheads. For the United States, the reduction process will include deactivating all 50 ten-warhead Peacekeeper ICBMs and removing four Trident submarines from strategic nuclear service. The process will also involve additional, yet-to-be-determined steps to reduce the number of U.S. operationally deployed strategic nuclear warheads to the 1,700-2,200 level. These reductions will be part of the development and deployment of the New Triad that was established by the 2001 United States Nuclear Posture Review. These substantial United States and Russian reductions will entail careful planning and execution on both sides, and, therefore, will require considerable time to complete. Our best judgement is that allowing ten years for this process to be completed will give both Parties time to complete these actions in a sound, responsible, and sustainable manner. Moreover, we can extend the Treaty at any time that both Parties agree to do so, just as either Party can leave the Treaty expeditiously. Likewise, over the duration of the Treaty, much can happen that could alter or modify our strategic analysis. As a consequence, we feel that the timeframe and the deadline are just what they should be. Another question that may arise is how the Moscow Treaty squares with Article VI of the NonProliferation Treaty (NPT). In other words, in what ways does the Moscow Treaty promote implementation of the Parties' nuclear disarmament obligations under the NPT? The Committee members know that the NPT is the centerpiece of the global nuclear nonproliferation regime. It plays a critical role in efforts to prevent the spread of nuclear weapons, including to terrorists and states that support them. The NPT's value depends on all parties honoring their obligations. The United States places great importance on fulfilling its NPT undertakings, including those in Article VI related to nuclear disarmament. The elimination of nuclear weapons is a key goal of the NPT, but one that will not be reached quickly or without enormous effort. All states have a responsibility to work toward this goal. It can be achieved only though a step-by-step process. Article VI of the NPT reflects this reality and sets no timelines or specific milestones. The Moscow Treaty represents an historic step in that process. It will take the United States and Russia down to the lowest levels of strategic nuclear warheads seen in decades. It is an important achievement and the actions called for under the Moscow Treaty represent significant progress in meeting the obligations set forth in Article VI of the NPT. Finally, as the Treaty itself suggests, where do we go next? Of course the next step, if the Senate gives its advice and consent to the Moscow Treaty and it enters into force, is to implement that Treaty. It will take time and resources on both sides to carry out the planned reductions by Dec 31, 2012. More broadly, and covering strategic issues in general, we will use the Consultative Group for Strategic Security, chaired by the Foreign and Defense Ministers, to strengthen mutual confidence, expand transparency, and share information and plans, as I indicated earlier. The Moscow Treaty was intentionally designed to give the United States and Russia flexibility in how each implements its obligations. Our changed strategic relationship, and the uncertainties of external conditions, dictated this. Throughout the duration of the Treaty, we will closely monitor developments and assess their implications for the Treaty's implementation and for the question of its extension. In addition, not later than one year prior to START's expiration date (December 5, 2009), the START Parties will have to meet to address the question of whether to extend that treaty. President Bush made it clear from the outset of this Administration that he intended to reduce U.S. nuclear weapons to the lowest number consistent with U.S. and allied security requirements. Based on the Nuclear Posture Review, he determined that a strategic nuclear force in a range of 1,700-2,200 warheads provides the flexibility and responsiveness necessary to counter known and expected threats and hedge against surprise, technical or other developments. I don't want to speculate about the more distant future; but as far out as I can see, nuclear weapons will continue to play an important role in U.S. and allied security. Right now, I think we have enough work before us to implement the agreement we have, to solidify the new strategic framework we are building with Russia, and to curb the spread of nuclear weapons and other WMD to other states. summary Mr. Chairman,I believe the Moscow Treaty is fully consistent with the President's promise to achieve a credible deterrent with the lowest possible number of nuclear weapons consistent with our national security requirements. It reduces by two-thirds the number of strategic nuclear warheads available for ready use while preserving America's ability to respond promptly to changing future situations. These nuclear force reductions will not be accomplished within the old Cold War arms control framework; rather the Moscow Treaty reflects the emergence of a new strategic relationship between the United States and Russia. We understand that this new relationship is still a work in progress. Russia is an emerging partner with the United States on a broad range of issues where we have increasingly shared interests and values. However, our relationship with Russia is not yet comparable to the kind of relationship we have with our nuclear-armed allies, Britain and France. Russia's transformation to a democracy and a market economy still faces a number of challenges, and its interests and those of the United States may not always coincide. We understand there is work to be done if we are to implement fully the Joint Declaration on the New Strategic Relationship. But our new strategic relationship gives us a strong foundation to stand upon--one that will allow us to discuss our differences candidly and work to resolve them in a constructive manner. The Congress also has an important role to play in furthering the development of our new strategic relationship with Russia. There are a number of issues where we need the Congress' help in doing our part-- ending Jackson-Vanik's application to Russia, authorizing Permanent Normal Trade Relations (PNTR) status for Russia, and waiving Cooperative Threat Reduction (CTR) certification requirements so those important programs can continue, are all high priorities. The Senate's approval of the Moscow Treaty will also make an important contribution to the strengthening of our new relationship. Some have said the Moscow Treaty will be the last arms control agreement with Russia. I won't go that far. But it will be an important indicator of the continued advancement of our relationship if it is the last Treaty that is the centerpiece of a Presidential Summit and if such agreements become increasingly less central to the United States- Russian relationship. Mr. Chairman, by deeply reducing strategic nuclear warheads while preserving both Russia's and America's flexibility to meet unforeseen future contingencies, the Moscow Treaty will enhance the national security of both countries. I strongly recommend that the Senate advise and consent to its ratification at the earliest possible date. Thank you, and I am pleased to take your questions. The Chairman. Thank you very much, Mr. Secretary. We are going to do 10-minute rounds so we can actually get some serious questioning in. I will begin. You stated very clearly what, quite frankly, the President has said publicly as well as privately to me and to others, and that is this was in a sense not a negotiation, this was a decision made where we could go and we basically said to the Russians: This is where we are going; if you want to come along, come along. I assume that the decision was made to make it a treaty in part to avoid the dilemma we found when his father made the same enunciation relative to tactical nuclear weapons: This is where we are going, we are going to eliminate. They came along and said: We are, too. Yet we had nothing in place and constantly, particularly from those who oppose arms control agreements, the argument was made: You see, the Russians are not keeping their agreement; we kept ours, there was no formal agreement. And we got into this whole issue of now whether or not they have anywhere from a few thousand to 10,000 tactical nuclear weapons deployed in various states, as you said. Now, the one thing that I am a little bit perplexed about is the assertion, which is true, that no previous treaty required the destruction of warheads. So in this sense it is no different. What I respectfully suggest is it is very different--maybe I have been here too long--in that no treaty required warheads being destroyed, but it required the launch vehicles to be destroyed. So the theory was if you took an America missile out of a silo, took the warhead off of it and crushed the canister, you could not rapidly reload that onto anything that was out there. I remember Mr. Bolton and a lot of his friends coming up and testifying that the reason why that was a bad idea is because we did not know whether the Russians were going to take all these warheads they had and store them in garages and hide them in barns and do all these things so that they would be able to rapidly reload them or rapidly pull out things out of the barn. Here we have a situation where you take the warhead off, the launcher stays in place--whatever the form of launcher was--and you have the launcher here and you have the warhead here, and the theory is at least you could rapidly marry them up again and use them. So I am not suggesting that that is right, wrong, or indifferent, but it is different then. It is different than previous treaties, where you took the warhead off and you destroyed the canister, you cut the wings off of Backfire bombers, you broke up the submarine, et cetera, and we were able to verify more easily because you can identify how many subs there are by national technical means, at least with a great degree of certainty. So my concern here--not concern. My question is, if the impetus for this treaty was going down to 1,700 to 2,200, related to the bottom line of what our consensus in our government said we are going to need for our security, and the rationale for the treaty was in part to avoid this kind of debate that took place over tactical nuclear weapons, then it sort of reflects that this is what the President thinks are the most important things to proceed on relative to nuclear weapons. Does he think that dealing with the tactical nuclear weapons are not that relevant or that important now, or that things as they are relative to tactical nuclear stockpiles are OK? Talk to me about that? You understand where I am going? He said this is what we want to go to because we want to get down. There is a new relationship and this new relationship we have there, if it is so new and there is no new cold war, why are we keeping the warheads? Why are we in this ready reload circumstance? Secretary Powell. As you know, we are actually destroying or converting some of our launchers. Some of our subs will be converted and some of the missiles are being not only downloaded, but taken out of service. So they are not really that reloadable. With respect to the--let me start with the beginning of your comment, Senator. When President Bush 41 decided to get rid of most of our tactical nuclear warhead inventory, I think it was a correct decision and it has been borne out to be a correct decision. The fact that it was not entirely reciprocated in terms of what the Russians did is regrettable, but I do not think it has made us in any more vulnerable position. The Chairman. I do not think it has either. Secretary Powell. It is not a war-fighting position. Really, it is an inventory control problem. If the Russians were smart, they would take even more of the money that is out there to get rid of this kind of weapon that is of no practical utility for their purposes any more in the kind of world that they are living in and what they need. The Chairman. When you have a total budget of $30 billion, there is not a lot of money to pay for this. Secretary Powell. There is not a lot of money. So I think there is going to be enormous incentive to try to get rid of launchers or get rid of launchers that are no longer needed, as opposed to try to keep them in some kind of maintainable condition in order to have ``a breakout.'' I do not see that the case. I remember CFE, the same kind of argument: They are going to have all these tanks east of the Urals waiting to come splashing back into Weisbaden. I used to watch them as chairman every few weeks to see this tank park, and I realized after a while that what I was watching was not a tank maintenance park, but the biggest junkyard in the world, with no maintenance, nothing going on. The incentive was to get rid of this stuff, not hold onto it, and I think that is still the incentive. The President is still very interested in theater nuclear weapons, tactical nuclear weapons. So this is going to be an area of discussion with the Russian side. It has been discussed in all our meetings, but it was not ready for the kind of deliberations and the kind of decisions that we are prepared to make with respect to the strategic part of it. So yes, he is interested. Yes, we are concerned, concerned with them more from the standpoint of we really do not want these nukes loose anywhere and as a proliferation problem more so than a war-fighting problem It is almost a disposal problem more so than a war-fighting problem. The Chairman. Let us talk about our side of the equation for a minute. I have been around here a long time, as some of my colleagues have as well, and one of the constant debates-- and I am not asking to get into the numbers--was what the SIOP called for, as you said, how high you make the rubble bounce and how many times, etcetera. There has been--Democratic presidents, Republican presidents, it does not matter--an overwhelming reluctance to fundamentally reduce the number of armed nuclear vehicles, that is nuclear warheads able to be delivered, because of the number of targets out there and the need for redundancy. Now, since what I think you just said makes a lot of sense, which is that notwithstanding the fact that the Russians are not required, nor are we, to destroy launchers here, the practical fact of the matter is they are going to end up having junkyards like the tanks. Secretary Powell. And START does require. The Chairman. And START does require. But beyond START---- Secretary Powell. When you go below the 6,000. The Chairman [continuing]. To get us down to these numbers. Secretary Powell. Right. The Chairman. To get down to these numbers, they are not required, to go from the START numbers to these numbers, they are not required to destroy launchers. You are of the view, and I share the view, that their ability to maintain both the decapitated launcher, that is the warhead stored over here, and the launcher is going to be a difficult problem for them financially and they are probably going to destroy or let atrophy some of these launchers. Is the reason why we did not write in destruction of launchers because of resistance here unrelated to them? Secretary Powell. No. The Chairman. Is it resistance here saying, look, we need to have this ability overnight to get back up to 6,000 warheads that we can launch? Or is it because--I mean, what is the reason? It just seems such a logical step to have taken. Secretary Powell. Within the numbers that both sides decided upon, 1,700 to 2,200, each side has the flexibility to decide how to distribute those warheads. The Chairman. I got that. Secretary Powell. So if the Russians want to keep all of them on land-based ICBM's and they want to MIRV them, fine. You have got to remember, Senator, because I have got to break the logic trail you were taking me down, cut that trail off, because you are saying are we not worried about that they could have more. They can have more now. The Chairman. No, that is not what I am saying. Secretary Powell. If they had said, OK, you are going to 1,700 to 2,200, we are going to stay at 6,000, the START I level, or we are not going to go below 3,500, the proposed 3,000 to 3,500, the START II level, President Bush would have said, fine, I am safe with 1,700 to 2,200, do what you think you have the do. That is what he said. One other point, if I may. The Chairman. Sure. Secretary Powell. I simply have to take you to task, with all due respect, sir. The Chairman. I am used to being taken to task. Secretary Powell. I worked on that target list for 4 years as Chairman---- The Chairman. I am confident that is true. Secretary Powell [continuing]. With Defense Secretary Dick Cheney. It was scrubbed, it was reduced, targets were dumped. I cannot get into the details of this, of course. Fundamental changes were made in targeting philosophy and we were no longer chasing, get me more targets because I have more weapons. We did make significant reductions. When I was Chairman, the first day I became Chairman of the Joint Chiefs of Staff, the 1st of October 1989, there were something like 13,000 strategic offensive nuclear warheads available. Now we are passing on, we are heading down to the START I level of 6,000 and we are going to go right on down past that and taking this down to 1,700 to 2,200. So with all due respect, there has not been a reluctance as chairman, and the succeeding chairmen who followed me. We have every incentive to reduce the number. These are expensive. They take away from soldier pay. They take away from O and M investments. They take away from lots of things. There is no incentive to keep more than you believe you need for the security of the Nation. The Chairman. I am not suggesting, Mr. Secretary, you did not take the target list down. I am only suggesting that in all the years I have been here there has been an overwhelming reluctance to either, A, inform anybody what the SIOP was--no one knows up here--No. 1; and No. 2, when this started 4 years ago, it was difficult to get the Pentagon to sign off on 1,700 to 2,200. Secretary Powell. Four years ago, sir? The Chairman. Four years ago, 3 years ago, 2 years ago. It was not an easy job. So let us not kid each other. We are friends, OK. This was not an easy job to get this number down to this number, whomever got it down, the President. My point is not my worry about how many weapons the Soviets have left to use against us. My worry is the same as Senator Lugar's. They have them left, and are they available to bad guys to get them because they are not secure. My concern is not that we are going to 1,700 or 2,200, but we maintain the capacity to go back to 5700 to 6200 and what the rest of the world reads from that and what everyone else thinks their requirements are. But I will get back to that later. My time is up. Secretary Powell. Just a quick point. The Russians have made that same calculation. They know--they are very sophisticated and they know a great deal about force structure and they know a great deal about our plans, and they fully understand that as we go down to 1,700 to 2,200 from the current level of in the neighborhood of let us say 6,000 plus or minus, they know that there will be warheads freed up. They also know we are not building any new launch systems and they have a pretty good idea of what the reconstitution capability might be inherent in that kind of a glidepath going down. With all that absolutely known to them, they have agreed to go to the same level, and in fact they would have gone I think perhaps even to a lower level. Secretary Powell. But there is going to be like China and others. But I will get into that later. I will get into that later. The Chairman. Can you tell me how many--give me an idea of the percentage, what percentage of the targets in the SIOP have been reduced since 1990? Secretary Powell. No, I would not do that in this hearing, and I would yield to my friends in the Defense Department for that information. The Chairman. I thank you, Mr. Secretary. We will get back. Senator Lugar. Senator Lugar. Thank you very much, Mr. Chairman. Mr. Secretary, in your prepared statement you mention that you continue to be concerned about uncertainties surrounding Russian non-strategic weapons, and you mentioned it again in your response to Senator Biden, that you hope the Russians might visit with us about pledges they made in 1991 and 1992. This is also a concern with many of our NATO allies who are much closer to the tactical weapons than we are. The allies are extremely hopeful that our negotiations will be pursued. Further on that page, you mention that there are many ongoing Cooperative Threat Reduction programs with Russia designed to improve the safety and security of all Russian nuclear weapons, including the non-strategic nuclear weapons. This the first time I have heard in official testimony that the Cooperative Threat Reduction might address non-strategic nuclear weapons. I am very pleased that you have listed that because that is going to be reassuring not only to Americans but also to our allies, who have hoped that we were not drawing too fine a point on what Nunn-Lugar can do. You have mentioned that the treaty lasts until 2012, but the START I verification regime only lasts until 2009. Now at that point you said the parties may discuss extending START I. Elsewhere you point out that the verification regime under START I gives a lot of comfort and transparency to both sides. This gap of 3 years could be problematic. I am wondering whether even prior to ratification of this treaty we should address the issue. Was it a point of the negotiations or discussion with Russian counterparts or did things just simply fall this way calendarwise? Secretary Powell. We thought that long before we got to 2009, as a result of the work of the bilateral implementation committee and because of additional work that had been undertaken but not completed yet with respect to transparency measures and other things we can do in the area of confidence- building and transparency, that by the time we got to 2009 we would know what we needed to know, and if not then we could suggest some time long before 2009 that it might be in the interest of both parties to extend those provisions of START. But it did not seem to be something that was pressing at the moment. We had some 7 years to find an answer to that question. Senator Lugar. Very well. It just strikes me at the beginning that we know that the Moscow Treaty brings that gap to the fore. It may not be consequential by 2009, but on the other hand it may, and so I wanted to raise the issue. Secretary Powell. It is an issue out there that will have to be dealt with in due course. Senator Lugar. Senator Nunn and I visited Russia just as President Bush and you were departing. We went out to Kartaly, which was the home of an SS-18 millile field, to participate in a ceremonial demolition of one of the silos. The missile had long since been removed. Even then, for members of our delegation, some members of the Senate and the House that had not experienced such a thing before, it was quite an emotional experience. Just as you are describing your own experience in the Fulda Gap, our delegation realized that here was a silo holding a missile aimed at the United States that would never again threaten the lives of Americans. The finality of it blowing up and the pieces flying in the air was a dramatic conclusion. Those pieces are still laying there because of START I requirements that national technical means have an opportunity to verify that it happened. I mention this point because as we proceeded in our trip to chemical and biological weapons facilities the certainty of security here becomes questionable, quite apart from any program of destruction. This was the point that I tried to make during my conversation with the President, regarding the importance of these efforts in the war against terrorism. Again and again the President has said we are going after al-Qaeda, all the associated cells, all the countries they may be in, trying to eliminate the threat they pose to our security. But the bottom line is these people cannot get their hands on weapons of mass destruction, nuclear, biological, chemical. We have to at all costs prevent that, even at the risk of going to war with some countries that do not yield to inspection and verification. This is very much on our minds, all of us. At the very moment we are saying that Russia has built these monumental stocks of nuclear, chemical and biological weapons but now do not have the budget or any hope of a budget to ensure their control the safety and ultimate elimination. The threat posed by these weapons is the reason why the Departments of Defense, Energy, and State are working to safeguard and destroy the weapons while attempting to find peaceful employment for the scientists who created them. The dilemma here is that we need to do more of this, quicker and in a more comprehensive manner if we are addressing the potential threats in our new relationship with Russian. Now, we are back in Washington still debating about how much we want to help and whether we can do anything at all, given this waiver problem that we are attempting to address. That is the problem that I tried to lay before the President. He was very concerned. Now, maybe I used a term that I should not have. I said, Mr. President, somewhere in your administration there are worker bees at work here. You may not know or appreciate exactly what is occurring, but here we are talking about a new treaty to dismantle additional weapons; but we cannot do so, because you have to wait for a waiver. Russia does not have the money to guard the weapons or, if the are dismantled, to guard the fissile material inside them. We have an opportunity to make real progress, but we cannot constantly be revisiting the current situation. I said, the irony is that at the very moment that in the rhetoric at least of the Moscow summit you are talking about the fact that we were prepared to do these things unilaterally, without verification of what the Russians are doing. We suddenly are seized this particular year with the absolute certainty that arms control treaties are being met fully. I said, it is ironic. You can read the language if you wish to and reach that conclusion. But the new strategic relationship takes us down a different trail, in which we have a new relationship and furthermore each one of us is going our own way with a lot of this, without destruction, without strict verification, and so forth. Well, the President was immediately aware of the disconnect of this situation and so he committed to look into the issue and consult with advisors. I would say in fairness that the National Security Adviser, Condoleeza Rice, leapt to the defense of whoever in the administration has created this problem and said that it occurred at high levels and so forth. The President said: What do you want me to do about it? I said: Mr. President, you ought to waive the whole business, get on with the destruction of these materials. That is the security of America. It is not a bureaucratic flailing about behind closed doors. Now we are in the process hopefully in the Defense Authorization Bill negotiations, if we ever get it done, of getting the President the waiver that he now seeks. But why in the world you ever put yourselves in this predicament as an administration I do not know. I make such a to-do about it because I hope this will be the last time. If it is not, this treaty is really in jeopardy. It is interesting, but nevertheless it is going to be up for grabs year after year as we hassle here in the Congress whether you can work at it for 3 months, 6 months, or whatever may be our pleasure. I think you understand that. You have asked in your testimony for rapid action by the Congress. I pray that will occur. It might occur in two circumstances, but it has not yet. For that reason, a lot of material is at risk in the war against terrorism and needlessly so in my judgment. So if there is some way even now we can cut through all of this, I pray we would do so. Secretary Powell. Thank you, Senator Lugar. As I think you know, I am the strongest supporter of comprehensive threat reduction activities. I am a solid supporter, as is the administration, on giving it all the funds the Congress is willing to provide it. I am a strong supporter of the Nunn- Lugar initiatives of the last decade. We were strong supporters of this idea of 10 plus 10 over 10, and Under Secretary Bolton played an instrumental role in Cananakis 2 weeks ago in bringing it along. The Russians have been part of the problem in terms of giving us what we need to know and to have in order to help with this problem. But I do not think it takes anything away from the value of this treaty or other treaties. What you are talking about really is a very troubling stockpile inventory problem, how do we secure this material and how do we get rid of it. I will do anything I can to help with this problem, to request the money, to defend the money, to appear before Congress, to work with the Russians, as we have at every one of our meetings, in order to get them to be even more receptive to the kinds of controls that we have to have on the money and the kinds of access we need and not allow them to take advantage of our generosity. It was fascinating at some of our ministerial meetings lately to have other countries that have money in hand now ready to give the Russians if only the Russians would meet certain minimum standards and conditions. So we are with you on that 100 percent. With respect to the waiver, I need that waiver badly and I implore the Congress to give us permanent waiver as soon as possible. The reason I could not certify is because Congress put the certification requirement on me that I could not meet with respect to Russian activities. It was not that I did not certify them or I did certify them. I did not have enough information to form the basis of a certification. So I was forced into the situation where I could not certify and it was essentially a neutral position. That is why we need this waiver. So I implore the Congress to not waste any more time on this, give us a permanent waiver, and let us not go through the Perils of Pauline every 6 months and meanwhile the weapons are sitting there with canisters rusting, with guards getting bored, with other things going on that we do not like to see going on, and with the possibility of proliferation of this kind of material. Senator Lugar. Well, thank you for that strong statement about the need for the waiver. I would just say respectfully for the 10 years since the Nunn-Lugar Act has been going on somehow or other we have been able to certify every year. This was the first year we could not. How ironic at the very moment the new relationship has come and in the midst of the war against terrorism to suddenly find a problem at this point. But that is water over the dam. I hope your prophecy is correct about a permanent waiver and the President finally and you and Secretary Rumsfeld are able to go about guarding this stuff, destroying it, without inhibition. Thank you. Secretary Powell. Thank you, Senator. The Chairman. Mr. Secretary, unsolicited advice. All the President has to do is pick up the phone and call some of our more recalcitrant colleagues on one side of the aisle and say: I want this waiver. We will get it to you overnight. But he has to engage, because there are still serious people up here who think this is fungible money and somehow we should not be helping the Russians. But that is another issue. Senator Kerry. Senator Kerry. Mr. Secretary, welcome and thank you for taking the time to be with us here. I would just underscore what Senator Lugar has just said. I heard you say that you are not sure that you see any way in which this treaty adversely affects that. I think I would respectfully disagree with you because there is a non- verifiable destruction process which, in the absence of the support that Senator Lugar is talking about, merely increases the capacity for materials to fall into the hands of terrorists, and I think that is perhaps the most gaping hole in this treaty, is the lack of verification, traceability, accountability and requirement for destruction and permissiveness for rearming. There is sort of a huge contradiction in this treaty. In many ways, I think this is a treaty that, with the exception of what Senator Lugar has just articulated, many of us would say, well, of course we want to vote for something that reduces from 6,000 to 1,700 to 2,200. It is common sense. We would like to move in that direction. But there are several very significant contradictions in it, it seems to me, not the least of which is that if this new relationship with Russia is what you say it is, which leaves you then only Iraq, North Korea, conceivably Iran, Libya, and perhaps China--and I find it hard to explain how China would fit in that--it is inconceivable what kind of threat from any of those entities mounts to 1,700 warheads. This treaty should be measured, not by sort of where we have been historically, but by where we want to go. Where are we trying to go here? It seems to me where we are trying to go is to a place where we have greater levels of accountability, more transparency, more verification, and less capacity for accident, unauthorized launch, etcetera, which is why we are now pursuing the missile defense capacity. One of the contradictions is that this treaty leaves in place what START II would have destroyed, which was the ability of the Russians to have an SS-18 with 10 warheads on it. It was always a goal of ours to try to reduce that because that is always perceived of as a more destabilizing weapon because of the use-or-lose theory. So I would ask, first of all, why we have left in place their capacity to arm an SS-18, even to build one, to have more SS-18's, with more MIRVed missiles, as long as it remains within the level of the 1,700 to 2,200? That also provides much greater difficulties in the long run for whatever the capacities of missile defense may be. But even a larger question, Mr. Secretary, and that is that you have announced, your administration, a doctrine of preemption and you are talking about conceivably having military action against Iraq based upon the doctrine of preemption because the assumption is that you cannot have a leader pursuing the goal of achieving nuclear weapons because they might pass them on to terrorists. That doctrine in and of itself flies completely in the face of the notion of why you would leave permissibility for 1,700 to 2,200 warheads in the long term. If we are going to pursue a doctrine of preemption and the Russians are such good new friends, why can you not go below 1,700? What is the rationale for having 1,700? What would be the rationale from having 900 under those circumstances? So it seems to me that the goal of accountability, verifiability, mutual destruction of weapons, and ultimately sort of moving to a more stable regime without the SS-18 out there has been completely neutered simply to arrive at sort of some agreement that says we are going to have in 10 years less warheads on a missile, but not necessarily undestroyed or unavailable for future use. In fact, I am told--and I pose the question to you in totality--I am told that, in addition to the 2,200 limit on deployed strategic nuclear warheads, if you add in the substantial number of non-deployed active and inactive reserve warheads and the substantial number of tactical nuclear weapons, we in fact would have numbers way in excess of the 2,200 in reality. So there is a certain fiction here in addition. So could you sort of help me see the logic based against this question of preemption doctrine particularly and the dangers of these undestroyed warheads without the verification? Secretary Powell. I would set the preemption doctrine aside in this kind of discussion, Senator. Preemption has always been something that was available to us as a Nation with the power that we have. The President highlighted the preemption concept in his speech at West Point, but it was not something that was brand new. We have always had the option of preemption because of the nature of the forces we have and our ability to project power. With respect to the SS-18's---- Senator Kerry. But in fairness, is not the doctrine of preemption based specifically now and restated on the notion that we cannot bear the risk of nuclear materials because of the dirty bomb theory, that we cannot have nuclear materials falling into the hands of al-Qaeda? And if there is somebody out there refusing to live by the standards of international inspection, that threat drives the notion of preemption. That is the essence of what is driving potential military action against Saddam Hussein. So you cannot just brush it aside. Secretary Powell. I do not believe that is something new and revolutionary. I view that as something the President said and said clearly, and he has made that point clearly, but it is not some new concept with respect to how military force might be used. Senator Kerry. But it has come into a new reality and in that new reality, Mr. Secretary, it bears significantly on the numbers of nuclear weapons we might or might not need to maintain for the long term in order to protect this country. Secretary Powell. The Department of Defense under the direction of the President made a judgment that, based on the fact that there are nuclear-armed nations out there and, even though Russia is in a new relationship with us, a new partnership with us, it has thousands of strategic nuclear weapons still and will continue to have them for some years to come, and there are other nations that have nuclear weapons, not in any great number, and there are those who are trying to acquire nuclear weapons, and there may be more who join that club. Do not know. But in this period of change, with new partnerships, but with still a great number of unknowns out there, as a result of a very long study and taking a look at what would ensure us with a high degree of confidence in our ability both to deter or to fight, God help us, if it should come to that, the Defense Department made a judgment that we could safely in their view go down to a range of 1,700 to 2,200. Why not a thousand? Why not 500? Take your pick, but this was the analysis that they did. It was done over a long period of time, some 8 months almost, I guess about that, and they came to this answer. I long for the day--I know what day I want to see---- Senator Kerry. I am not looking for the long. I am looking for the reality. Secretary Powell. The reality is we are on a glidepath from over 6,000 down to, with this treaty and without this treaty, down to 1,700 to 2,200. That is what we believe we can safely go to based on what we can see of the 10-year future in front of us. Senator Kerry. But here is my point. I think you have just in a sense made the argument. You have left out here sort of old thinking, which is the potential of Russia being an opponent that would require a nuclear exchange. That is juxtaposed to the new thinking, which is the relationship that you have described that says we can move in this direction. Secretary Powell. Right. Senator Kerry. In between, you have made the argument for why, if indeed there is the potential of that threat, it is a hedge. We are keeping these weapons as a hedge. Then that makes the argument that you should have the verification that is absent here and you should have the process of destruction. Secretary Powell. With respect to the first 7 years, there is a great deal of verification that is inherent in the START agreement and all those provisions continue over and can be used. They are not a part of this treaty, but can be used to help us with this treaty. We will be looking through the bilateral implementation committee for other ways of gaining transparency so that we can see each other. The warhead destruction problem was a problem for every previous strategic arms control agreement and the INF agreement and was not dealt with, and it is not dealt with in this treaty. It seems to me that the imperative on both sides, the pressure on both sides, is to get rid of any warheads you do not need. There is no need to carry around a large inventory of unneeded warheads. The reality is, though, even if you had a regime that we could figure out the accountability of warheads, how many there actually are, where they are, their disposition, and we were satisfied that we knew exactly all of those facts, you could still only destroy them at a very slow rate because of the inherent limitations on both our side and their side. So we are going to be left with stockpiles of nuclear warheads for many, many years to come, which is what makes Senator Lugar's point that it is so important to make sure that they are secured properly, guarded well, and accounted for, and then ultimately pass through the destruction system. So I do not think that the fact that we did not try to deal with all of that in this treaty takes away from the value of this treaty. Senator Kerry. Well, Mr. Secretary, as you well know--and my time is up unfortunately--but there are more questions raised by that, because the START process has a different set of definitions---- Secretary Powell. Yes. Senator Kerry [continuing]. Counts weapons differently. And we do not know even what the specific duties of the binational commission are going to be or how those will be counted here. So the verification issue is really hanging out there and the greater issue remains this question of the capacity of the Russia that Senator Lugar has described to adequately contain the very materials that might in fact take us into military action against Iraq. That is the greatest danger in the world today and it is the most singular gaping hole in this treaty. Secretary Powell. This treaty has nothing to do with that problem. The problem you just described is being dealt with with Nunn-Lugar programs, Cooperative Threat Reduction---- Senator Kerry. It could have had something to do with it. Secretary Powell. If I may, sir. Cooperative Threat Reduction efforts--the President working with his G-8 colleagues put down on the table and they agreed to it in Cananakis 2 weeks ago $10 billion from the U.S., $10 billion from our other G-8 partners, over a 10-year period to help with these kinds of problems of weapons of mass destruction, chemical, biological. As I said in my statement, Senator, I believe we should use this money for all of these kinds of weapons, to include tactical nuclear weapons. With respect to your comment on START, the reductions in START will continue down to the START levels with the START counting rules. But the verification system associated with those START counting rules also gives us transparency as we go below those START levels. So we have a pretty good basis upon which to work, and the bilateral implementation committee will be looking for new ways to enhance transparency and give us the kind of insight we need to have. With respect to the SS-18's, we will see whether the Russians find that there is any utility in this. But if that is the way they want to use their allocation of warheads, that is the choice they could make under the treaty. I do not think they would--if they would ask me and if I was their chairman, I would tell them that is not a very wise choice, and I am not sure it is a choice they are going to make. Senator Kerry. But to my recollection--and I will end on this because I do not want to abuse the time. But to my recollection, there is nothing in the START process that gets to the warheads themselves. Secretary Powell. Right, just the launchers. Senator Kerry. Is there anything here that gets to the warheads in verification? Secretary Powell. No. Senator Kerry. That is my point. Secretary Powell. That is right, and neither did START or INF. Senator Kerry. But it should not be measured by what we did not achieve in START. It should be measured by what we need to achieve today. Secretary Powell. The reason it was not achieved in START is because it was too difficult a thing to achieve in START and it was still not something we were going to achieve at this point. So it was decided to go ahead with operationally deployed warheads, principally because the Russians were anxious to have what both sides were doing unilaterally put together in a binding agreement between the two sides. The Chairman. Thank you very much. Senator Hagel. Senator Hagel. Thank you very much. Congratulations to you, Mr. Secretary, and Secretary Bolton and others who crafted this significant accomplishment, and we appreciate it. Would you explain in a little more detail the relationship between the Moscow Treaty and the declaration? It might overlap, Mr. Secretary, into some of the previous conversations and questions, because it seems to me, if I understand this a little bit, that it was signed with some intent to deal with these more peripheral common interests that the Russians have with the United States for world security. So I think it would be helpful if you could develop that. Secretary Powell. Exactly. They were signed at the same time, the same table in the Kremlin. The Moscow Treaty is exactly that, a legally binding agreement under international law upon ratification that dealt specifically with reducing the number of operationally deployed strategic warheads. The political declaration that was signed there was a much broader document and it is a political document, not one in international law, where the two Presidents committed themselves to work together on programs having to do with economic cooperation, counterterrorism activity, a whole gamut of issues which the two nations are interested in. In order to further that dialog, they created this consultative committee that I sit on along with Don Rumsfeld and with our counterparts on the Russian side. The treaty itself has a bilateral implementation committee that will be composed of representatives of the Defense Department, the State Department, and other interested agencies, which deals specifically with the implementation of the treaty itself and the treaty limits itself. So the joint declaration, a political document laying out a full range of actions that the two sides wish to take with each other on economic, trade, security, counterterrorism, drugs, a variety of issues; the treaty rather specific with respect to reducing the number of operationally deployed warheads. Senator Hagel. Would that cooperative effort include what many of us believe, and I suspect you have some real sense of this, one of the great threats of our time, and that is tactical nuclear weapons in the hands of other countries? We talked today about tactical weapons in the hands of the Russians and the United States, but the other countries out there that have these weapons, some we are not sure if they have them. I would be interested in your development of that theme, because I think that represents as much a threat to the security, not only of this country, but of the world, than anything else out there today. Secretary Powell. I agree with you entirely, Senator. In my preliminary conversations with Foreign Minister Ivanov, we have already set the date for the first meeting of the four of us in September at the time of the United Nations General Assembly. One of the items for discussion will be proliferation of not only nuclear weapons, but other weapons of mass destruction. As you know from my previous testimony here, we have spoken to the Russians in rather direct terms about some of the actions they have undertaken over the years that might assist certain nations in developing this kind of technology, specifically Iran. Senator Hagel. The bilateral implementation commission that you mentioned in your statement, and you went into some detail for the record, stating that the START verification regime would provide the foundation for confidence, does that mean that we will use the START verification regime essentially as the regime for verification for this treaty? Secretary Powell. It continues to be the regime for reductions under the START treaty. The START treaty brings us down to that 6,000 level and the START treaty deals with platforms. But by the regime that we have put in place for START, not only do you get insight into the platforms, you get insight into the warheads as well. So you get a good insight into Russian strategic offensive forces, technology, developmental efforts, launchers, platforms, warheads. So it gives you a body of information that will be helpful and very supportive of our efforts to implement this treaty. Additional procedures may be required. There may be additional items we discover as we move forward that we need to know about, and that is what the bilateral implementation committee will look at. They may want to find out more about what we are doing that they do not think they know enough about as a result of the START verification regime or just watching our open activities. Senator Hagel. You mentioned also in your statement, I believe at the beginning, some of the areas that we are seeing significant cooperation in with the Russians. You mentioned specifically in your statement Afghanistan. Could you bring us up to date on what the Russians are doing in Afghanistan to assist us militarily, economically, diplomatically, humanitarian-wise? Secretary Powell. They have been helpful from the very beginning with respect to exchange of intelligence and information. Within the limits of their ability, they have provided humanitarian support, medical support to Afghans early on after the fall of the Taliban. Diplomatically, they have supported our efforts on Bonn when we had the Bonn conference at the end of last year in order to create the political arrangement that is now being implemented. They were very helpful. In fact, I remember one evening when it was all hung up and I called Foreign Minister Ivanov and he was able to inject the right energy level to some of the participants in the conference to make sure that we got an agreement and the conference did not blow up. Diplomatically they have been very helpful; politically, we have stayed in close touch with them. We have told them that we do not want the great game to break out again, and I think they understand it is not in their interest to have a destabilized Afghanistan again and face the situation they faced a couple of decades ago. So I think they have been helpful within the limits of their financial ability. Senator Hagel. Do they have any troops in Afghanistan? Secretary Powell. They may have some presence. They may not be combat troops. But I would rather give you the answer for the record. Initially they sent in some civil engineers and some medical personnel. I do not know what they may have there now. But they were anxious--nobody was going to welcome Russian combat troops back into Afghanistan, you can be sure of that, or we would have, as they say, we would have us a brand new ball game. But they did provide some civil type presence-- airfield construction and some humanitarian efforts. But I would rather give you a more precise answer for the record because they may not be combat--I am sure they are not combat troops, but I am not sure what they are. Senator Hagel. Mr. Secretary, thank you. The Chairman. Thank you very much. Senator Feingold. Senator Feingold. Thank you very much, Mr. Chairman, for scheduling this excellent hearing on this important treaty. I welcome you, Secretary Powell. I am very pleased that the Presidents of the United States and Russia have taken this important step of signing a binding treaty that affirms the goal of reducing the arsenals of deadly strategic offensive nuclear weapons that are currently deployed by the two countries. While this brief, three-page document is a step in the right direction, Mr. Secretary, I am concerned that it does not address the vital issues of compliance and verification, that it does not include a timetable for these reductions, and, as others have pointed out, it does not actually require that any nuclear warheads actually be destroyed. Only by dismantling and destroying these devastating weapons can we truly achieve the goal of meaningful nuclear arms reduction. In addition, I am troubled by the language contained in Article IV of the treaty regarding the process by which one of the parties may withdraw from the treaty. As you may know, Mr. Secretary, I found the President's decision to unilaterally withdraw the United States from the 1972 Anti-Ballistic Missile Treaty troubling on both policy and constitutional grounds. I think the Senate has a constitutional role to play in terminating treaties. The Constitution requires the advice and consent of the Senate for the United States to enter into a treaty, such as the one that we are beginning the consider here today. And the Constitution gives treaties the same status as laws. The Senate at a minimum should be consulted on withdrawing from a treaty, and especially from a treaty of the magnitude of the ABM Treaty, the termination of which could have lasting implications on the arms control and defense policy of this country. I do not think a law can be declared to be repealed by the President alone. Only an act of Congress can repeal a law. Action by the Senate or the Congress should be required to terminate a treaty. This treaty, the Moscow Treaty, contains troubling language that would allow either party to withdraw in exercising its national sovereignty with all 3 months written notice. It does not require that either party cite extraordinary circumstances that jeopardize its supreme national interests. It does not require that any reason for the withdrawal be given at all. This treaty requires only 3 months notice in writing. Most arms control treaties require at least 6 months written notice, as did the ABM treaty. So, Mr. Secretary, I look forward to exploring ways to protect the Senate's prerogatives on treaty withdrawal as the committee continues its consideration of this treaty. In that regard, as I suggested, I am troubled by the way the administration handled the withdrawal from the ABM treaty. I am concerned that the administration did not really consult with the Senate prior to the President's announcement of the planned withdrawal in December and that, of course, the administration did not seek approval from the Congress for this action. So I guess what I would like to know from you is what steps will you take to ensure that this administration at a minimum consults with the Senate prior to any future abrogation of existing treaties? Secretary Powell. With respect to the ABM treaty, Senator, I think that the President not only in the campaign for election but in his first year as President made it clear that the ABM treaty was an impediment, an impediment to protecting this Nation through the pursuit of missile defense. I do not think there was any secret about this. I think we talked to the Congress on a regular basis about our concerns. I think in every hearing I had up on the Hill we discussed this. It was quite clear what we were discussing with the Russians. The Russia view was also well known. After considering all of our options and offering to the Russians the we have a bilateral withdrawal from the ABM treaty, which they did not agree with, the President believed it was in the interest of the Nation to move forward and leave the ABM treaty. With respect to the law on this, there are differences of opinion, as you well know, Senator Feingold, and we believe that we were operating quite correctly under the Constitution by the President exercising the right of withdrawal on a basis contained in the treaty, supreme national interest. We do not believe it was necessary to get Congressional approval for the exercise of that prerogative, although I know there is a different point of view which you just expressed. Senator Feingold. Is it the administration's position that with regard to this treaty that there would be no need for Senate approval of a withdrawal? I am speaking of the Moscow Treaty now. Secretary Powell. Yes. When the President left the ABM treaty because he believed it was his authority to do so and the Congress was made aware of the fact that he was going to do it and they were aware that he was moving in that direction, if it was appropriate for that treaty and if any other treaty has similar provisions with respect to abrogation and withdrawal, it would be the position of this administration that he would exercise that if the conditions determined that he should. Now, I will not speak for future presidents, but I believe that is the position of this President. With respect to the article in this treaty that has to do with that, 3 months and national sovereignty is what the two sides agreed to and believed appropriate to this treaty at this time. Senator Feingold. So I take it, Mr. Secretary, the administration's position is that there would be no need for Senate approval of withdrawal from this Moscow Treaty? Secretary Powell. Yes, sir. Senator Feingold. I am concerned about also the vague language in the treaty regarding the process by which one of the parties may withdraw from it. Could you explain how the negotiators arrived at the treaty withdrawal language in Article IV, section 3? In other words, why 3 months notice instead of 6, and why does not this section require a party to cite extraordinary circumstances for withdrawal? Secretary Powell. As the treaty was being negotiated and the two sides discussed this issue, they saw a future that was promising in the sense that there was a new relationship between Russia and America, but at the same time it was still an uncertain future. We saw other nations that were developing nuclear weapons. We were concerned that we might face a different kind of strategic environment. We hoped that would not be the case. But as we worked our way through this question of are we betting correctly on this treaty, both sides felt that there was an appropriate need to make sure that the standard that had to be met if either side determined that they were now at strategic risk was a reasonable standard and national sovereignty, the agreement of both sides, seemed to be a reasonable standard. It is not that easy to define what you mean by that, but nor was ``supreme national interest'' in earlier treaties. With respect to 6 months and 3 months, this was a compromise position arrived at as both sides tried to make sure that, in the event of a strategic situation coming along that was fundamentally different than the situation that existed at the time the treaty was being negotiated, signed, and ratified, 3 months seemed to be an appropriate amount of time to give notice to the other side. Would 6 months have been wrong or 2 months have been wrong? Any one of those might have been quite acceptable, but after a process of discussion and negotiations both sides found that 3 months was reasonable and appropriate. Senator Feingold. Mr. Secretary, I would just like to comment that the combination of these two answers, the one with regard to the Senate not having a role in withdrawing from a treaty and the very flexible circumstances in which either party could withdraw, I am very troubled about what kind of role the administration thinks the Senate has in this process. It leaves me or others who may agree with me virtually no choice but to question this up front, this process, of the administration not taking the Senate's role seriously where it cannot be disputed, our role in approving treaties. I really do believe from a historical point of view and a legal point of view that this is a trend that really is not in the interests of the country and it is not--I do not think there is any real value in the President not making his case to the Senate. I am quite confident the President would have won overwhelmingly had he sought Senate vote to withdraw from the ABM treaty and I suspect on this treaty as well. I think this is a dangerous road and I would just suggest that it at some point certainly will lead to an unnecessary conflict with regard to the prerogatives of the Senate. Secretary Powell. Senator, I think the President has the greatest respect for the role that is played by the Senate and that is why I am here today. Our understanding of the constitutional process is that the President signs a treaty, but then he has to, as we are now doing, defend it before the U.S. Senate to receive the Senate's advice and consent to the exchange of instruments of ratification of that treaty. We hope it will be a clean decision on the part of the Senate, but the Senate has the right and authority to interpret, to put reservations, whatever you so choose, incident to the instrument of ratification. But I hope it will be clean. We are looking for a clean response from the Senate. But I must say that my understanding of our constitutional history and my understanding of the law and my understanding of the way treaties have been dealt with the last 200-odd years is that there is no constitutional requirement and no requirement of law that to abrogate a treaty with these kinds of clauses and articles for abrogation in it requires either consultation or the approval of the Senate or the Congress as a body. Now, I am a great believer in sharing ideas and discussing these issues, and I think the administration did a good job in letting the American people, in letting the U.S. Congress, know the direction in which we were heading. I have got to say to you, Senator, that I worked very, very hard last fall with my Russian colleagues to see if there was negotiation some way--we understood the importance of this treaty to the Russians. We knew how this was viewed by many people in the world. We worked hard to see if there was not some way that we could go forward with our missile defense within the context of the treaty. But the treaty really was designed to keep missile defense from going forward and we simply could not bridge that difference. We tried every way imaginable. So we said to the Russians: Look, you need to understand we are committed to missile defense; we are going forward. And if we cannot go forward within the treaty and you do not want to bilaterally abrogate the treaty, that is your choice, we will have to unilaterally abrogate the treaty. We believe we did that appropriately. We believe we did that with, if not the kind of consultation you might have wished, Senator Feingold, but we do not believe there was a requirement or that, but certainly with the knowledge of the Senate. We believe we followed our law, our traditions, our practice, and we were consistent with the constitutional requirements. Senator Feingold. Thank you, Mr. Secretary. Senator Allen. Senator Allen. Thank you, Mr. Chairman. Thank you, Secretary Powell, for taking time to join with us and update us on this significant treaty that you have negotiated. I also want to commend you on the magnificent job that you and your team are doing on a multitude of issues all around the world that are cropping up, and for providing security for our people here at home as well as our troops abroad. Before I begin, I do want to commend you most specifically, you and your team, on your brilliant diplomatic efforts in defusing the most recent conflict between Pakistan and India over Kashmir. Here is an example that had the potential of a disastrous nuclear interchange. It has been presently defused. I did write the President recently on how we need to stay involved with Pakistan and India over Kashmir and cannot allow the future of Kashmir to be hijacked by international belligerents and terrorist organizations. Now, this dispute between the two nuclear powers, Pakistan and India, highlights the need to develop treaties and agreements that will limit the potential for nuclear attacks among nations. I believe that by signing the Moscow Treaty on Strategic Offensive Reductions the United States and Russia may have actually set some example. We are the only countries that seem to have such agreements and hopefully this would be an example for others to follow. As we do enter this treaty, we will need to ever mindful of the importance of transparency and verification. The U.S. continues to pursue, obviously, as you know, the battles against terrorists all over the world. During these campaigns we have found evidence--and some of this we will not bring up here, but in some of our Top Secret briefings--good evidence that some of these terrorist organizations are seeking to purchase or develop nuclear devices. You mentioned in answers to someone's questions here previously or maybe in your remarks how, with the Nunn-Lugar and the payments and the disposal of nuclear warheads, that there are others with plenty of cash who would like to acquire it, and those are not necessarily the type of people we would want to acquire this technology. So as we and obviously the Russians dismantle their nuclear arsenals, I think it is of the greatest importance that components from those weapons do not fall into the hands of terrorist organizations or potentially belligerent countries. It is under these circumstances that I think verification and transparency is absolutely necessary and both nations must be given assurances that the armaments are being reduced and disposed of in an agreeable and safe manner. I think it is not only required for Russia, but it is for us and actually all the rest of the world ought to be interested in it. So what I would like to do, Mr. Secretary, is followup in greater detail on what Senator Hagel was asking in this regard. It is my understanding that during the trip, President Bush's trip to Moscow, President Bush expressed his concerns with President Putin over Russian proliferation of nuclear and ballistic missile technology to Iran. Now, how, if you could share with us if that did come up, and how this Moscow Treaty could influence a dialog on these issues? Secretary Powell. Yes, sir, it did come up. It comes up at every meeting between the two Presidents and every meeting between me and my colleague Igor Ivanov and Don Rumsfeld and his colleague Sergei Ivanov. I think we have made some progress. At their last meeting in Moscow, President Putin made the specific point at one of the press conferences that we have agreement from both sides, both the United States and Russia, that they recognize the danger in proliferation and they want to do everything to keep Iran from developing these kinds of weapons. There are some issues that we are still in disagreement over with the Russians, but we have made progress since the Moscow summit, made progress since the G-8 meeting in Cananakis a couple of weeks ago, and we think that we are on the right path to making sure that the Russians do not continue to engage in this kind of activity. We have not solved the problem yet, but we believe we have made some progress. I would like to thank you for your comments on India and Pakistan as well. We have worked very hard to keep these thing from blowing up or boiling over on us. I spent an enormous amount of time on the telephone with the two sides. I spoke to President Musharraf again yesterday. I spoke to the new Indian foreign minister on Sunday. Deputy Secretary Armitage I think did yeoman's work when he went over, Secretary Rumsfeld when he went over. I expect to be visiting there before the end of the month to keep this process going along. Senator Allen. That is good. I am glad to hear it. I do think--well, I am not going to get into the Kashmir issue right now, but I do think there needs to be a goal that all parties can aspire to, and in this instance the United Nations resolution I think is a good guiding path for us. Secretary Powell. It is a very difficult issue. What we are trying to do now is to make sure that both the Indians and the Pakistanis understand that the United States is interested in them beyond this crisis. We want a good relationship with India on every aspect of that relationship--economic, trade, cooperation, military cooperation. The same thing with Pakistan. We are anxious to get through this crisis and see a dialog begin between the two sides so that we can start to move forward to find a solution to the problem in Kashmir ultimately. They have to find the solution. Senator Allen. Obviously, a peaceful solution. Secretary Powell. Obviously. Senator Allen. Back to the proliferation issue. This newly formed consultative group for strategic security is to be continued. How do you see that group being helpful or that collaboration being helpful as far as the nuclear proliferation issue in the future? Secretary Powell. I think it will be very important, a very useful group. Foreign Minister Ivanov and I meet on a very, very frequent basis. I think we have met something like 23 times in the last 18 months, and we talk on the phone at least 3 times a week. Don also, Don Rumsfeld, also has a good relationship with his colleague, Sergei Ivanov. In this group the four of us will come together. For the first time in September, we will come together as a group. We have been talking about the agenda for this first meeting to carry forward the political declaration that our two Presidents signed. You can be sure that on that agenda for the meeting in September will be proliferation and, to be very frank, proliferation focused on the Iran question. That will be an item on the agenda. It is good to have the four of us in the room, both the foreign policy part of it and the defense part of it. Senator Allen. As you mentioned, economic and terrorism and drugs, I would hope that you will make this a priority, saying, look, if you want assistance in economics and so forth that--I am not saying that you--I am not going to tell you how to negotiate, but I would make this---- Secretary Powell. They understand the importance of this issue to us. Senator Allen. Mr. Secretary, in closing, can you outline the type of resolution of ratification that the administration is requesting for this treaty, so we have our road map? Secretary Powell. I think it should be, in the spirit of brevity, to the point, and as uncluttered as the treaty itself. I think a simple sentence would do. Senator Allen. A simple sentence. Well, hopefully we can draft that simple sentence without too many phrases. Secretary Powell. I am prepared to help you in any way that you might need help. Senator Allen. Thank you, Mr. Chairman. Thank you, Mr. Chairman. The Chairman. Thank you. Senator Chafee. Senator Chafee. Thank you, Mr. Chairman, very much. I believe Secretary Rumsfeld and General Meyers, Chairman of the Joint Chiefs of Staff, will also be testifying on the treaty? The Chairman. That is correct. They will be coming on the 17th, I believe. Senator Chafee. I am curious, as the Nation's top diplomat, can you let me know what the reaction around the world has been to this treaty? Secretary Powell. It has been excellent. Senator Chafee. The elimination of the warheads, has that been---- Secretary Powell. It is not a subject of great discussion. People kind of understand. The average person I think around the world understands that there will be two-thirds fewer warheads sitting on something that can deliver those warheads. That is what the average person sees. We do have a continuing issue of where do the warheads go, how do we protect them, how do we get rid of them, how can we increase the capacity to destroy warheads. We are wondering as to how many we can get rid of every year. All those are important issues, but they are kind of related to the treaty, but stand on their own merit as issues to be debated. For example, with Senator Lugar's question, Nunn-Lugar, Cooperative Threat Reduction, the certifications that I have to make, all of that says to the Russians: You have got to tell us more, you have got to show us more, we have to have more information so that we can help you get rid of this kind of stuff. So I think that is important. But it has been well received around the world, particularly in the context of the President's speech of 1 May 2001 to the National Defense University, when he proposed a new framework that included significant strategic offensive reductions, missile defense, and getting beyond the constraints of the ABM treaty. As we negotiated this through the fall and as people realized we were serious about getting beyond the constraints of the ABM treaty, people were deeply concerned when the President announced that we were going to leave the ABM treaty that at that point an arms race was going to break out, that there would be all sorts of difficulties around the world, that all of our friends would be stunned and shocked and taken aback. But the next day President Putin said: There is not going to be any arms race. I do not like your leaving the ABM treaty, I think you made the wrong choice, it is not the thing you should have done, but it does not threaten us, he said. He told me that 2 weeks ago, earlier, sitting in the Kremlin. He said, you should not do this, but it does not threaten us; we have done our analysis and your missile defense programs do not put our strategic offensive capability and deterrent capability at risk. So let us find a new framework and, by the way, I am going to match you. I call your bet. We are both going down to 1,700 to 2,200. What happened to the arms race? It went away. The people of the world were relieved. Now, 6 months later, the ABM treaty went out of effect, I think it was the 13th of June or thereabouts, and it was not noted very much, and we have this new framework and it is demonstrated by this treaty that we have put before the Senate. Senator Chafee. Thank you, Mr. Secretary. Of the comments of nations that have weighed in, such as China, Japan, or European nations, what were the concerns of those nations about the treaty? Secretary Powell. The country that I was concerned about the most with respect to a reaction was China. Throughout all of last year in all of my meetings with my Chinese colleagues, Foreign Minister Tang especially, we gave them the most in- depth briefings we could on what we were thinking about with respect to missile defense, how we did not think they should see it and view it as a threat. We sent briefing teams. When we made a determination that we had to leave the ABM treaty, we notified the Chinese. I called Foreign Minister Tang. When we signed the Moscow Treaty, the next day I called Foreign Minister Tang, explained it to him. The Chinese have taken it all aboard. They are modernizing their force. That is what I would expect them to do, their nuclear forces, and they are doing it over a rather extended period. But I have received no suggestion that the Chinese are in some way threatened by either the elimination of the ABM treaty or the Treaty of Moscow. I see no suggestion that an arms race is going to break out because the Chinese are going to make quantum increases in the number of strategic weapons available to them. They may go up somewhat as they modernize their force, but I see no suggestion that they are trying to break out by creating a new strategic threat to the United States. Senator Chafee. Thank you very much. The Chairman. Mr. Secretary, we will just keep you a few minutes longer. I have two questions, and I do not know whether my colleagues have any further questions. But two things that I keep being drawn back to here. If the cold war is over with the Russians, why do we need 1,700 to 2,200 warheads with the ability to rearm 4,000 ``reduced'' warheads that are in storage? Are not most of those warheads still required primarily for possible Russian targets? Secretary Powell. Some of those warheads--and I think Secretary Rumsfeld will be able to speak to this in greater detail. But the study determined, the nuclear posture review determined, that based on the fact that there are nuclear-armed nations out there, particularly Russia, even though it is a new relationship, a new partnership--they will have nuclear weapons for many, many years to come, and one cannot predict the future with certainty. So therefore it is wise for us, in view of that in view of other nations that have nuclear weapons and those who are trying to acquire them, an absolute assurance for us would be in this range of 1,700 to 2,200 with a stockpile of additional warheads that are there as replacement warheads to deal with failures that might occur in one of our fleets, the land-based or sea-based or air-based fleet, and to give us a hedge. But the President's intention is to go straight down this ramp to those numbers. But we have insured ourselves in this period ahead that could have some surprises in it, we have insured ourselves by the way in which this treaty has been structured and by the nuclear posture review that if something comes along during this period of going down we do have the capacity to respond to that new circumstance. But it is the President's intention to go down that ramp. It will not be a linear ramp. I am not sure how Secretary Rumsfeld and his successors will go down that ramp, but to go down that ramp to the lowest number that protects this Nation in a way that is indisputable and obvious to all. The number that Secretary Rumsfeld and the Joint Chiefs of Staff came up with was 1,700 to 2,200, with some hedge for stockpile rejuvenation, weapons that might be needed to take apart to test, and I suspect most of those weapons, but this is a question to be put to Don Rumsfeld, will be put into the queue for ultimate destruction. The Chairman. Well, I hope that that is the case because, since this was essentially a unilateral decision where we said to the Russians, by the way, you want to come along, and as you said they then matched, the Pentagon, or somebody, concluded that we could not comfortably in a permanent sense go below 6,000 warheads. We could go down to 1,700 to 2,200, but we have got to keep these up to 4,000 available in storage. So we are still kind of at the 6,000 number--you know what it kind of reminds me of? It kind of reminds me of the decision made by the President to not target existing ICBM's. Again, I think it is a useful thing. I just want to make sure we have a perspective here, I have a perspective anyway, that I do not want to make this more than it is and raise expectations, and I do not want to make it less than it is. But right now it seems to me that where we are is you have gotten an agreement. I quite frankly think the most significant thing you have got is you have got the Pentagon to agree to come down, which nobody else has been able to do so far. And they have come down in a sense tentatively. They want 4,000 in reserve just in case some exigency occurs. Now, did anybody ever explain or can you explain to us what some of those exigencies might be that would require us to have up to--granted, we may destroy a bunch of them--4,000 nuclear warheads in reserve that could be loaded back up on launchers that are not being destroyed? What are the kind of concerns? Secretary Powell. First, the number is not 4,000. It is much less. The most you could get up to with the 1,700 to 2,200 is 4,600, roughly 4,600 total, including those that are on launch vehicles or armaments on bombers. The Chairman. I just rounded that off. If we go down to 2,000, you are at 6 now. START takes you down to 6, right? Secretary Powell. Yes. The Chairman. And so this, the next agreement in the queue, is this one, the Moscow agreement, and that says over 10 years down to 1,700 to 2,200. Secretary Powell. Right. The Chairman. So if you get down to 2,000, you could still keep 4,000 in reserve, right? Secretary Powell. The total number that I believe you will hear from Secretary Rumsfeld of both deployed and in reserve is somewhere around 4,600. The Chairman. OK, that is new, but the Moscow Treaty would allow you to have more than that? Secretary Powell. The treaty would allow you to have as many warheads as you want. The Chairman. Got you. Secretary Powell. What the treaty says is that on December 31, 2012 you will only have, and you will demonstrate to us on that day that there are, only 1,700 to 2,200, some number, some discrete number that you have decided on, deployed, operationally deployed, meaning that if I go to your missile fields, if I go to your submarines, if I go to your bombers, this is what I will see. The bombers are a little different there because there are some extra ones that are there for storage, but that is not a big deal. But some of these platforms that people are worried about being available to be suddenly reloaded will not be there. Four submarines are being converted to other purposes. The Chairman. Look, I am not suggesting I am worried about it. At this point I am just trying to figure it out. I am just trying to figure out what it means. You have just told me something I find very encouraging, that the Defense Department is going to tell me that at the end of the day there is going to be only the possibility of having 4,600. Secretary Powell. Let me give that to you in a very tentative way because I think Don Rumsfeld should really give you that definitely. The Chairman. Good. When Secretary Rumsfeld does that, that means if we stick to that we are clearly going to destroy at least a thousand of these warheads and up to 1200, maybe more. Secretary Powell. I would, and I do not want to speak for Secretary Rumsfeld or any Chairman of the Joint Chiefs of Staff. That would be inappropriate. But it seems to me all the pressure and all the incentive will be to get rid of the warheads that you do not need either to be operationally deployed or to be kept in this stockpile. The Chairman. I agree. Secretary Powell. The real trick is to find a way to get rid of them. The Chairman. Right. Secretary Powell. You know how many can go through Amarillo. The Chairman. No, I got it. I got it. That is why I am trying to figure out what is being contemplated, not what is decided, what is being contemplated, so I get a sense of the overall value of this treaty. I start off, valuable, worth doing. Now, I want to get a sense for me as to how valuable this is. Secretary Powell. We have pressurized the system the take the first step in elimination of a warhead and that is to get it off the bomber and get it off the top of a missile. The Chairman. I got that part. Secretary Powell. Put it into storage, and then it is in storage for one of several purposes. We need it as a spare, it is needed for whatever examination or testing to make sure that the stockpile is safe. I do not mean explosive testing. Finally then, if it is not needed for that or for some hedge that the Pentagon will be able to explain to you, then it ought to be in queue for dismantling and ultimately destruction down to its physics package and done away with. The Chairman. Well, I plan on pursuing this with the Defense Department as well. But just so you understand, because you and I have known each other a long time and the one thing I think we have been is completely straight with each other, is what I am trying to get at is the rationale behind what is happening here and what is likely to happen, so I know what the nature of the debate is. Let me explain what I mean a little more about that. The verification regime in START I does allow us to go in and count. We can go in and say, we want to see this vehicle, an SS-18, and we can count, does it have ten warheads on it and no more than ten, because that is the deal you made with us here, and we can count it. That helps us and is a positive step in that it is almost an indirect verification of whether or not we are getting to the Moscow Treaty number, 1,700 to 2,200. Now, there is a gap here and I, like you, expect that it will never get to the gap, which is this: that that treaty verification regime expires, expires 3 years before this goal of 1,700 to 2,200 has to be met. So if in fact they do not do anything for the period where START is not in place, then there is no verification regime that is left to determine whether they have gone down to that range after that fact or whether they have gone beyond the range, after the fact. There must have been a rationale as to why you did not extend, or maybe there is not a rationale as to why you did not extend the verification portions of START II until the culmination of this treaty, the Moscow Treaty. So what I am trying to get at here is why were there not any milestones put in here? Is it because it does not matter--I am not being facetious. Because it does not matter much what they do from our perspective? Or is it because you could not get agreement from them, which would go to their notions of motivation? Or is it because there is resistance here? Why no milestones and why this gap? Secretary Powell. We did not really want milestones. We did not want to have to meet milestones every year with respect to the rate at which we are coming down. We wanted the flexibility to come down in a way that made sense to us and not sense to the arbitrary measures or arbitrary milestones you might have put in the treaty. We believe that we needed 10 years to come down to that level. It may be a step function, every year come down a certain number. You are the one who is going to be--excuse me. I say this with all due respect. It is the Congress that will be able to have insight as to how it is coming down as the Pentagon comes forward every year with its budget request and through the normal processes of examining what the Pentagon is doing. Whether it is linear, a step function, the same number every year, or whether it will be a much more non-linear function is up to both sides to determine. That seemed to us to be the better way to do it, rather than put in something which is rather arbitrary and does not really comport to the circumstances you might find every year. That is the reason for that. Ten years is what was needed. Anticipating when this might be ratified and solved, we decided that December 31, 2012 was roughly the 10 years needed. It was 3 years and 3 weeks, if I am exact--I think December 5, 2009, is when START expires. But it is a 3 year 3 week gap. We did not think it was necessary at this point to try to go back and renegotiate START I in order to cover a gap that does not occur for another 7 years. Also, a lot is going to happen in that 7 years. We do believe that this bilateral implementation committee will succeed in coming up with other ways of finding out, what are you guys doing? How do you plan to meet this December 31, 2012 goal? What do we say to our ministers when they meet for their sessions under the political declaration? So we think that there will be more than ample opportunity to find ways to see what the other side is doing, just as they want to see what we are doing. Then there is a whole range of, not verification procedures and regimes, but everything that is down under Nunn-Lugar and CTR. All of that requires transparency and information that we are insisting on before we start giving them the money. So I believe there will be a body of information and a body of evidence that will give the future President in 2012 the assurance that he knows what the Russians have done at that point. The Chairman. Well, Mr. Secretary, I am going to yield to my colleague if he has a closing questions or question. But I think this is a good treaty. I think that if things go as rational people hope they will it may turn out to be a great treaty. It could lead to significant reductions. It could also be of marginal value. I think the jury is out on that. That does not mean we should not ratify it. I am for ratifying it. I would just like to make one point on your closing comment about we have to know more about what they are doing to know whether to give them money on Cooperative Threat Reduction. The fact is we are hardly giving them any money. We are sending American contractors, paying them over there to do this. You and I have often talked about, and you have talked in both your writings as well as your speeches, about family and the things we have learned from family. My mom has an expression I would like you to keep in mind, God love her. She just had her 85th birthday. She and my dad are living at home with me, my dad is dying and my mom is taking care of him, and she is a font of wisdom. From the time I was a kid she said something that I hope Under Secretary Bolton will listen to, and that is, she said, ``Joey, do not bite your nose off to spite your face.'' I hope to God we do not decide that, even though we do not have every single piece of information we want relative to their stockpiles, that would stop us from destroying stockpiles they are willing to allow us to destroy now, because we are doing it with our money, our personnel, and our direction. But that is another issue. I appreciate your time and I appreciate--and I mean this sincerely. I do not want to hurt your reputation, but I appreciate your influence in what is a legitimate debate about where to move and the fact that the President has chosen this route. I thank you and I yield to my colleague. Senator Lugar. Well, thank you very much, Mr. Chairman. I just affirm the last comment. I think both of us feel very strongly the State Department under your leadership has gained new vitality and stature, and it is not by chance and it is lots of small things you do as well as the large ones. Let me just pick up on the milestones idea, because I do not think the public as a whole and the Congress as a whole understands, for example, the point I was making with regards to the Chemical Weapons Convention. That was to be a 10-year deal in which we destroyed all of our chemical weapons. We decided to do that anyway in an earlier era unilaterally because the efficacy of the weapons was dubious. But nevertheless, both Russia and the United States ratified a treaty. Today, we are almost to half-time in the treaty, and the Russians have not destroyed more than 4 or 5 pounds of 40,000 metric tons and that may have been just for experimental purposes. That is our dilemma, I think, with this treaty, that certainly by 2012 a lot is to happen. As you say, much depends upon the bilateral commission, upon the relationship with Russia, the strength of the Russian state itself and the finances, and other allies that come in. The Norwegians, the Germans, the English are now prepared to contribute to dismantle operations at Shchuchye and elsewhere. The Duma itself is doing more this year. So there are some encouraging signs. I just suspect, however, we are still dealing here in both the chemical and nuclear issues, with relationships and how well diplomacy is able to work. This is separate from the ironclad treaties and all the verification procedures. Having said that, as a practical matter, with respect to nuclear warheads taken from Russian missiles, I had an experience 2 years ago in which General Kuenning of the Cooperative Threat Reduction program and I were allowed to go into a storage vault at an installation. The rest of our party was shunted aside to do tourism. The Russian government at the highest level decided to permit the two of us to go in there. Our visit was the first since General Habinger had visited some years before. The fact is that we got there by coming through a train station, very well fortified to take care of weapons that might be coming in transit. None had passed through for a while and none were expected for a while, but nevertheless we marveled at the security. The problem was the country road which was not very well secured that connected the station to the installation. There were four or five security barriers before you could enter the vault. Inside were nuclear warheads lying like they were in coffins, is the best thing I can think of, similar to a mortuary. Now, each one of them had a service history. It was in Russian script, so I could not read it. I had to take on faith when I asked this Russian general what it was. It gave the history of this particular warhead: when it was built, what servicing it had received, when it was deactivated, how old it was, and so forth. There also were estimates of the efficacy, of how long this one might be reliable. Now, beyond that--and this gets into sheer conjecture on the part of the Russian general, quite apart from myself--some estimate as to when the weapon might become dangerous. That is, due to lack of proper maintenance or natural aging of the warhead might become unsafe, not necessarily to the U.S., but certainly to the surrounding area. There is a very strong reason why Russians want to get rid of warheads. It comes down to age. Now, there are arguments about this, that somehow they are almost as inert as a piece of wood and therefore could just sort of sit there forever. But the Russians I was talking to in that bunker did not share that point of view. So the thought was that at some point this warhead was going back up the country road, into the railway station, because it cannot be destroyed there at that facility. At that point they must have the technicians and the funds to take it apart and remove the fissile material, to eliminate a potential tragedy. But the prospects of this occurring are very remote, given the money shortages, the technician shortage, and so forth. Ultimately it depends upon the United States and others we may be able to enlist who will work with Russia to extract those warheads I saw in the vault and to remove and safeguard the fissile material before they threaten Russia or anybody else. There are so many of them, the potential menaces are daunting. This is what I see as the value of the treaty, that if it leads to this kind of dialog, if people are meeting at least twice a year to discuss these problems. It is not the question so much of the numbers. All of these weapons as they age have some problems attached to them that are recognized by most people. Ours do, too, and this is why we are prepared to try to, for our own safety's sake, watch the aging and watch the mechanics, and we work to ensure all of ours do not have unexpected events. In a country where the technicians are few and the servicing is dubious, if nonexistent, this is an awesome problem for Russia. We would not have gone into the vault if the Russians had not believed that. There was no reason. They might have been there for years. No treaty demanded we go in there. This is why I am hopeful, and I take your words and your P.S. testimony, that this is what finally happens. I am hopeful that you will continue, as you have today, to express that it is this growing relationship which is our best hope, because ultimately we will do what needs to be done. But even we have to be safe with our own weapons and be sure how we store them, how we maintain them. It is very expensive. As you say, it always comes at the expense of something else we want to do in terms of our security or our troops or Social Security or Medicare or other things that are important to us. I thank you very much for your testimony, your patience in moving with us all the way through the lunch hour, and we thank you for coming. Secretary Powell. Thank you, sir. The Chairman. We have one more questioner, with your permission and indulgence, Mr. Secretary. But before I recognize him, I just want you to know the factual basis on which I am operating when we talk about these things. I am told that the total budget for the entire Federation of Russia is $30 billion a year and their defense budget is around $7.5 billion per year. If we are off by 50 percent, 100 percent, 200 percent, our Defense budget is $390 billion some and our entire budget is a couple trillion. We should be. But I just think it emphasizes the incredible difficulty that you know maybe better than anyone except Senator Lugar, that you know is a very difficult problem to manage for them here. I just hope we do not wait until everything is aligned before we do anything. But let me yield to the Senator from Florida and give him a round here and thank you for hanging on, and then we will let you go. Senator Nelson. Mr. Chairman, I will be very brief. I bring you greetings from Secretary Eagleburger, who I had to leave and go visit with concerning these European insurance claims for Holocaust era victims' families and the survivors, and that is still going on, as you know. I would just like to clarify a question about the funding. As I understand, you all have already discussed some funding issues, but I want it clear in my mind. Is the administration, in addition to what you propose--and by the way, your statement was one of the most compelling that I have heard, when you went back there talking about being a corps commander and bringing us all the way up through your negotiations. But you are taking the weapons off the ICBM's, which is clearly a step in the right direction. What is this administration committed to in the way of funding for then pursuing the destruction of those weapons? Secretary Powell. I may have to give it to you for the record, but let me answer in a general way. We are asking for roughly $1 billion a year in various programs associated with the destruction of weapons of mass destruction in the Russian Federation. The Chairman. In the Russian Federation. Senator Nelson. Now, Mr. Chairman, maybe you can clarify it. How does that compare when Baker-Cutler's report called for $30 billion? How do you compare apples to apples, his $1 billion a year to their call for $30 billion? The Chairman. Well, if you read that report, they, former Senator/Ambassador Baker, and former White House Counsel Cutler, in their report indicated that it would cost about $8 billion a year to deal with just the nuclear side of the equation, not the chemical, not a lot of other things. So it does not come close. But I thought you were asking the question, how much is it going to cost us, the United States of America, to comply with our plan to decommission these weapons. Secretary Powell. I cannot break out---- The Chairman. Got you. Secretary Powell [continuing]. Exactly what the requirement would be or how much we have got in our budget now, focusing on the nuclear part of it. The Chairman. But the billion dollar number you cited did not relate to U.S. costs on U.S. systems, did it? Secretary Powell. No. It is the U.S. funds going to the Russian Federation to help them with their weapons of mass destruction decommissioning and elimination. Senator Nelson. Well, I will tell you, one of the most memorable days I have had was when Senator Baker and Mr. Cutler were here talking about what needed to be done. How do we convince you? Secretary Powell. You do not have to convince me, Senator. We are working on this diligently. We had some success in Cananakis with the 10 plus 10 over 10 program, which the Russians we were not sure were going to accept until the day that they did accept it in Cananakis. So we are doing a lot. But we certainly do not yet have the kinds of funds that my good friend Senator Baker suggested would be appropriate at a rate of $8 billion just for the nuclear piece. The Chairman. Let me clarify. Baker's estimate depended on how many years. If it would take 8 to 10 years, it would be $3 to $4 billion per year, just for the nuclear piece. Secretary Powell. We are getting closer anyway. The Chairman. It depends on the number of years. At any rate, it is 30 billion bucks. Secretary Powell. It is a big bill, Senator, and we really ought to help them with it. Senator Nelson. Because of the enormous expertise that you have available to you in the person of the Senator seated to your left---- The Chairman. He is a hell of a staff guy, I will tell you. Senator Nelson [continuing]. It seems to me that this is a very legitimate question that we need to continually bring to the forefront, because there is an awful lot at stake here. Senator Lugar. We brought it to the attention of the President, that the billion dollars that Secretary Powell is talking about is for the programs we are doing now, and this treaty is new. All of the destruction, the separation, the safety has to be in addition. My own advice respectfully to the President is that he ought to begin a line item for several years because to have continuity in this we will require that kind of money. The Chairman. It costs a lot of money to take roughly 4,000 warheads off of something and store them. Secretary Powell. We are being creative. $10 billion is also worked out with the debt relief. Senator Lugar. In fairness under that, when I was in Europe just following the time that we talked on the telephone and what have you, when I talked to other Europeans they were very skeptical as to whether the Europeans were going to come through with their 10. Secretary Powell. We are not there yet. Senator Lugar. No. So if you get that, that is a very big breakthrough in terms of substantial diplomacy. The Chairman. Well, Mr. Secretary, I do want to thank you. I should warn you that we are going to be holding hearings to begin a public dialog about Iraq. I was pleased--I am not trying to make it a doctrine, but this so-called preemption doctrine, hearing a very brief explanation of the preemption doctrine, which as I understood it, that is the President's speech about the right to preemptively act, which is, the way you have stated it as I understood it, it is not something fundamentally new. Secretary Powell. My concern with the way Senator Kerry asked the question, it was as if all other strategies and doctrines have gone away and suddenly preemption is the only strategy doctrine. That is just not the case. The Chairman. Well, as you can see, there is some confusion among well-informed people in and out of the Congress on that. But we are going to you to ask you to come up and talk to us about Iraq, as we will others, not just you, but you would be our lead witness. I discussed it briefly with my friend Senator Lugar and as many Republicans as Democrats have indicated we should have a serious hearing on this issue to talk about the parameters. I just want to warn you ahead of time that that will be the case. We are going to not in any way slow down the process of moving on the Moscow Treaty. As usual, you always do a good job and we appreciate your being here. We stand adjourned. [Whereupon, at 12:59 p.m., the committee was adjourned.] ---------- Responses to Additional Questions Submitted for the Record to Secretary Powell by the Committee Question. What are the implications of not specifying in this Treaty what is to be done with the warheads that are to be ``reduced?'' Answer. The Treaty's flexibility regarding warhead disposition is consistent with previous arms control treaties and has several positive implications. First, it recognizes that the United States and Russia have fundamentally different stockpile maintenance practices. Key to the difference is that Russia continues to produce new warheads while the United States has no production capacity. Second, stored weapons must serve for non-explosive tests and other aging and surveillance to check and understand the continuing reliability of our aging nuclear stockpile. If this testing indicates a technical problem with a part of the stockpile, stored weapons provide an essential replacement source to maintain the U.S. deterrent. Finally, given that we do not have the capability to manufacture new warheads, a capability all other nuclear powers have, we must also maintain a reserve of weapons as a hedge against unanticipated changes in the international security environment. Beyond these immediate benefits, the absence of treaty constraints on warhead disposition allows the United States and Russia to proceed with warhead eliminations in a manner that is unhindered by artificial requirements, and responsive to changing national security needs. The effect is to enhance our ability to undertake reductions while maintaining responsive upload potential and commensurate stockpile sizing in a dynamic world. Question. Your Letter of Submittal to the President states that this Treaty ``facilitates the transition from strategic rivalry to a genuine strategic partnership.'' Does that mean that Russia, too, wanted maximum flexibility to re-arm? Or did Russia want the strategic offensive reductions to be irreversible? Answer. Initially, Russian officials made public statements calling for ``irreversibility'' by destroying warheads removed from launchers. From the onset, U.S. negotiators noted that the concept of ``irreversibility'' is flawed because, given time and money, any reductions can be reversed. In the actual negotiations, Russia did not propose any measures related to warhead dismantlement, instead taking the position that reductions should be made by eliminating launchers. The United States made clear that such an approach was completely incompatible with our needs to make cost-effective use of our existing strategic forces, particularly those that have dual conventional- nuclear use capabilities in certain cases. In the end the two Parties agreed on a flexible approach to reductions in the Treaty, which allows each Party to determine for itself the composition and structure of its strategic offensive arms within overall limits on strategic nuclear warheads. Since Treaty signature, senior Russian officials have stated publicly that the Treaty's flexible approach will serve Russia's needs and interests. I want to emphasize that neither country is seeking opportunities to re-arm. Both countries intend to carry out strategic offensive reductions to the lowest possible levels consistent with our respective national security requirements and those of our allies. Both countries ultimately sought to avoid overly restrictive provisions in the Treaty, so as to enable each Party to structure its forces as it deemed necessary in light of the strategic situation over the next ten years. Question. You testified that some U.S. weapons will be earmarked for destruction. How many U.S. warheads or delivery vehicles are currently slated for elimination or for irreversible conversion to other uses over the next decade? If some U.S. warheads or delivery vehicles will, in fact, be eliminated, why not reach agreement with Russia on a joint commitment to secure, dismantle and eliminate agreed numbers of warheads and/or delivery vehicles? Answer. As discussed in the Nuclear Posture Review (NPR), the first planned step in reducing U.S. operationally deployed strategic nuclear warheads will be to retire 50 Peacekeeper ICBMs, remove four Trident submarines from strategic service, and no longer maintain the ability to return the B-1 to nuclear service. This will reduce the number of operationally deployed strategic nuclear warheads by about 1,100 warheads by the end of Fiscal Year 2007 in a manner that as a practical matter would be very difficult to reverse. Additional reductions beyond 2007 will involve decreasing the number of warheads on ballistic missiles and lowering the number of operationally deployed weapons at heavy bomber bases. These plans, however, will evolve over time. Retirement or downloading of certain systems may be accelerated or pushed back depending upon the overall force requirements. Some warheads that are to be removed will be used as spares, some will be stored, and others will be destroyed or dismantled. Exact determinations as to which warheads will be destroyed or dismantled have not been made. The Moscow Treaty balances deep reductions with flexibility to meet the future's uncertain security environment. As a result, U.S. obligations under the Moscow Treaty deals only with operationally deployed strategic nuclear warhead levels, not with launchers, force structure, or the disposition of non-deployed warheads. Since flexibility was a key U.S. objective during the negotiations, we did not want to reach any agreement which would require a commitment to secure, dismantle or eliminate agreed numbers of warheads or delivery vehicles. Retention of force structure is critical to maintain an ability to respond to unforeseen circumstances and to retain conventional weapon delivery capability. Question. Unlike the START II treaty that never came into force, this treaty allows Russia to keep its 10-warhead SS-18 ICBMs and its 6- warhead SS-19 missiles. If Russia were to keep those missiles in service, or to build a new missile capable of carrying several warheads, would the United States still be content to count only operationally deployed warheads? Or would we worry about the risk posed by Russian cheating or break-out scenarios? Are we putting too many eggs in the basket that says, ``Russia can't afford to maintain its force levels?'' If Russia were to keep its MIRVed ICBMs in service, how would that affect strategic stability in a crisis? Given Russia's great reliance upon MIRVed ICBMs, might it not take a ``use it or lose it'' approach? Given the degraded state of Russia's missile warning network, would Russian reliance on MIRVed ICBMs increase the risk of an accidental war? Is there no way to reach agreement with Russia on eliminating MIRVed ICBMs? Is there any way to limit the number of warheads that a MIRVed ICBM could carry? Why not require that missiles from which warheads have been downloaded be outfitted with a new RV ``bus''--the device that holds and dispenses the reentry vehicles--that could hold only the new number of warheads, so as to make it harder for either Party to break out of the Treaty by quickly putting more warheads back on its missiles? Answer. The Moscow Treaty will not place new restrictions on Russia's potential to deploy MIRVed ICBMs. It affords Russia the same force planning flexibility that we ourselves require. We are not overly concerned with hypothetical ``break-out'' scenarios (as we were during the Cold War), as shown by the fact that we decided to reduce to 1,700- 2,200 operationally deployed strategic nuclear warheads before the Moscow Treaty was negotiated, regardless of what the Russians opted to do. Regardless of whether Russia retains its SS-18 or SS-19 ICBMs or builds a new MIRVed missile, Russia's deployment of MIRVs has little impact on U.S. national security under current conditions. The issue of Russian MIRVed ICBMs was considered in the Nuclear Posture Review and during the negotiations. Since neither the United States and its allies nor Russia view our strategic relationship as adversarial, we no longer view Russian deployment of MIRVed ICBMs as destabilizing to this new strategic relationship. Having a Treaty means we are not ``putting all our eggs in one basket'' of assuming Russia can't afford to maintain its force levels. The Moscow Treaty legally obligates Russia to reduce its strategic nuclear warheads. If Russia retains MIRVed ICBMs, it will be required to have fewer missiles than if each carried only one warhead. However, we do not believe that Russia will retain its current inventory of MIRVed ICBMs. Russia is already deactivating its 10-warhead rail-mobile SS-24 force for age and safety reasons. We expect that most of the SS- 18 heavy ICBMs and six-warhead SS-19 ICBMs will reach the end of their service life and be retired by 2012. Under the Moscow Treaty, we will retain a nuclear force sufficiently flexible for our national security and that of our friends and allies. Additionally, we will continue to work with Russia to better understand their planning process and intentions. We expect that continued improvement in our relationship with Russia will provide greater transparency into the strategic capabilities and intentions of each Party. It is important to realize that we have entered into a new relationship with Russia that is no longer adversarial. Therefore, the question of reconstitution capability no longer has the significance it had during the Cold War. Our new strategic relationship with Russia is no longer based on a nuclear balance of terror. Because of this new relationship, we cannot conceive of any credible scenario in which we would threaten to launch our strategic forces at Russia. The scenario you describe of Russia believing it faced a ``use it or lose it'' situation with its force of MIRVed ICBMs is therefore not a credible concern. While we have no plans to re-load warheads on missiles from which warheads have been removed, a requirement to physically remove warhead- carrying capability from missiles by outfitting them with a new RV platform would add significant unnecessary costs to U.S. strategic forces and restrict flexibility in an unpredictable future threat environment. Question. Should bombers that are converted to a non-nuclear role be readily convertible back to use with nuclear weapons? If so, why? Answer. Other than the B-1, we are not planning to convert any additional bombers to purely a conventional role. A fundamental U.S. objective in negotiating the Moscow Treaty was to preserve our flexibility to implement the Nuclear Posture Review (NPR) and its prescribed future force structure. Cost was also a major consideration. It would likely cost billions of dollars to replace weapons dispensing devices on our bombers. Therefore, this makes the NPR's call to preserve the ability of nuclear-capable bombers to deliver conventional weapons and vice versa an imperative. The B-52H bombers and B-2 bombers that will make up the bomber portion of the NPR force structure must be able to carry out both nuclear and conventional missions. The B-1 bomber, on the other hand, was removed from a nuclear role in 1997 and is now only used to conduct conventional operations. The NPR concluded that it is no longer necessary to maintain the ability to return the B-1 force to nuclear service because the numbers of B-52s and B-2s will be adequate to support our nuclear requirements. Question. Your testimony and your Letter of Submittal to the President state that the United States stores ``a small number of spare strategic nuclear warheads . . . at heavy bomber bases'' which it does not count as ``operationally deployed.'' How many ``spare'' warheads does this Treaty permit Russia to store at its heavy bomber bases? Your Letter of Submittal to the President speaks of ``a genuine strategic partnership based on the principles of mutual security, trust, openness, cooperation and predictability.'' How much predictability does either Party get from provisions that allow ``reduced'' nuclear bombs to be stored wherever each Party pleases, and bombers to be readily convertible back to a nuclear role? Answer. The Treaty does not restrict a Party's decisions regarding how it will implement the required reductions in strategic nuclear warheads. Consistent with this it does not address the number of ``spare'' warheads that either Russia or the United States is permitted to store at heavy bomber bases. The Article-by-Article Analysis notes that the United States has characterized this number as small. Practically speaking, the fact that the Treaty is legally binding provides predictability that each Party will fulfill its commitment to reduce strategic nuclear warheads to 1,700-2,200 by December 31, 2012. It is the number of strategic nuclear warheads available for use that really matters, and this is the number that is being reduced. If we believe Russia is not taking appropriate steps to meet the 2012 deadline, we can raise this issue in the Bilateral Implementation Commission. The issue of hypothetical ``break-out'' scenarios no longer has the significance it had during the Cold War when our relationship with Russia was one based on a nuclear balance of terror. We concluded before the Moscow Treaty was negotiated that we could and would safely reduce to 1,700-2,200 operationally deployed strategic nuclear warheads, regardless of what the Russians did. That said, information obtained through START's verification regime, including its data exchanges and short-notice on-site inspections, and U.S. national intelligence resources will continue over the course of the decade to add to our body of knowledge regarding the size and disposition of Russia's strategic forces and the overall status of reductions in Russia's strategic nuclear forces. Moreover, the work of the Consultative Group for Strategic Security and the Treaty's Bilateral Implementation Commission will provide transparency into Russia's reduction efforts. Question. Is there any way to limit what can be done with ``reduced'' strategic nuclear warheads? Will the United States press Russia to provide secure, transparent storage for ``reduced'' warheads? Why not agree that ``reduced'' warheads will be stored some agreed distance away from the vehicles that would carry them? Answer. The Moscow Treaty balances deep reductions with flexibility to meet the future's uncertain security environment. For the United States, the Treaty will not affect decisions that will be made with respect to force structure, launchers, or the disposition of non- operationally deployed strategic nuclear warheads. Decisions related to these issues are left to each nation's discretion as a matter of deliberate choice. Some of the U.S. warheads removed from operationally deployed status will be scheduled for destruction; others will be used as spares and some will be stored. For example, warheads removed from Peacekeeper ICBMs as that system is deactivated will be used to modernize the Minuteman III ICBM force. Nevertheless, many specific decisions still need to be made related to the disposition of individual types of warheads as we carry out the reductions stemming from the Nuclear Posture Review (NPR) and the Moscow Treaty. These specific decisions will be shaped by infrastructure constraints--such as limits on our capacity to dismantle warheads in a given period, by technical and operational concerns--and the capabilities that we require in balancing retention of our more modern warheads with avoiding complete dependence on the reliability of a few warhead types, and by uncertainties about future technical and strategic developments. Given the uncertain strategic environment and the fact that we are not manufacturing new warheads, the United States needs the flexibility to retain warheads to meet unforeseen contingencies. It is therefore not in the U.S. interest to limit what can be done with non-operationally deployed strategic nuclear warheads. Although Russia's stockpile maintenance practices differ from those in the United States, as far as we can determine, the Russian position is not dissimilar to the U.S. position. Contrary to the impression created by some press reports, the Russians did not table any proposals for nuclear warhead dismantlement during the negotiations on the Moscow Treaty. Nor did either side express interest in developing the kinds of complex provisions that would be needed to verify warhead dismantlement or limits on warhead stockpiles. In September, Secretary Rumsfeld and I are scheduled to meet with our Russian counterparts in the newly established Consultative Group for Strategic Security (CGSS). We plan to take advantage of this opportunity to discuss, among other things, ways in which we can strengthen mutual confidence and expand transparency related to U.S. and Russian nuclear weapons. We do not want to prejudge the outcome of these discussions on nuclear transparency and confidence building measures. In addition, we intend to continue to work with Russia, under the Cooperative Threat Reduction (CTR) program, when and to the extent permitted by law, to make its warhead storage facilities more secure. Such U.S. assistance will also increase the security of the Russian warheads made excess as provided in the Moscow Treaty. This assistance increases the physical security of Russian warhead storage facilities through better fencing and alarm systems, enhances the reliability of warhead security personnel and improves the accounting for Russian nuclear warheads. (CTR assistance cannot be provided to Russia or any other country of the former Soviet Union in any year unless there has been a certification under 22 U.C.S. 5952(d) of the commitment of that country to certain courses of action. Russia was not certified in 2002, but the President has waived the certification requirements for the balance of FY 2002 under authority included in the recently enacted supplemental counter-terrorism appropriations legislation.) Question. What needs and opportunities will this Treaty present for U.S. assistance to Russia through the Cooperative Threat Reduction program or our non-proliferation assistance programs? Answer. It is possible that the Russian Federation may need additional non-proliferation and threat reduction assistance as it reduces its strategic nuclear warheads under the Moscow Treaty. If requested by the Russian Federation, and subject to laws related to CTR certification, the Administration would be prepared to provide additional assistance for removing, transporting, storing, and securing nuclear warheads, disassembling warheads and storing fissile material, dismantling surplus strategic missiles, and disposing of associated launchers. The United States has already constructed a number of facilities in the Russian Federation to conduct such work under our current assistance programs, thus additional assistance would serve to take further advantage of capabilities and capacities already in place. Question. The National Intelligence Council's annual report on Russian nuclear security states: Russia employs physical, procedural, and technical measures to secure its weapons against an external threat, but many of these measures date from the Soviet era and are not designed to counter the preeminent threat faced today-an insider who attempts unauthorized actions. Absent U.S. assistance, would the security of stored Russian warheads be up to U.S. standards? Or would increased levels of Russian warhead storage increase the risk of diversion to rogue states or terrorists? Answer. U.S. assistance helps to improve the security of Russia's nuclear weapons by improving their physical protection (fencing, sensors, communications); accounting (improved hardware and software); personnel reliability (better screening); and guard force capabilities (more realistic training). These improvements are particularly important because Russia faces a difficult threat environment--political instability, terrorist threats, and insider threats resulting from financial conditions in Russia. The total number of warheads in Russian storage facilities may increase over the next ten years, in part due to Russia's inability to sustain larger number of deployed forces. A Russian decision to increase the number of stored warheads will be governed by a number of factors related to what Russia determines is in its national security interests, including the number of warheads Russia decides to dismantle rather than store. Even if Russia decides to store additional warheads under the Moscow Treaty, however, we are confident U.S. assistance will continue to increase the security of such weapons. Question. Should the United States help Russia to implement the reductions required by this treaty? Should we do so even if Russia, like the United States, chooses not to eliminate many of its warheads or delivery vehicles, but rather to store excess warheads, while keeping its bombers and MIRVed missiles in service? Answer. The Russian Federation committed to strategic nuclear reductions under the Moscow Treaty. Its obligations are not conditioned on U.S. assistance and we are confident Russia will meet its Treaty obligations. We provide assistance to eliminate Russian strategic delivery systems and associated infrastructure, facilitate the elimination of Russian warheads, and secure and reduce Russian nuclear material, because cooperative threat reduction efforts are in the national security interests of the United States. Any Russian decision to store, rather than eliminate, excess warheads will be made on the basis of its assessment of Russian national security needs. Regardless of how that decision comes out, it is in our own security interests to help ensure that remaining warheads are stored as safely and securely as possible to protect them from terrorist or third-country theft. Question. Should the United States help Russia to maintain tight security over the warheads it removes from delivery vehicles pursuant to this treaty? Should we do so even if Russia, like the United States, chooses not to destroy many of its warheads? Answer. The United States is providing assistance to increase the security of all non-deployed Russian warheads. Such assistance will also increase the security of the Russian warheads made excess by the Moscow Treaty. This assistance increases the physical security of Russian warhead storage facilities through better fencing and alarm systems, enhances the reliability of warhead security personnel and improves the accounting for Russian warheads. Any Russian decision to store, rather than eliminate, excess warheads will be made on the basis of its assessment of Russian national security needs. Regardless of how that decision comes out, it is in our own security interests to help ensure that remaining warheads are stored as safely and securely as possible to protect them from terrorist or third-country theft. Question. Should the United States offer to fund the elimination of Russian warheads and delivery systems, even though such eliminations would not be undertaken pursuant to any arms control treaty? Should we do so even if Russia builds new weapons (like the SS-27 missile), while eliminating old ones (like the much larger SS-18 and the SS-19 missiles)? Answer. We provide assistance to help eliminate Russian strategic delivery systems, facilitate the elimination of excess Russian warheads, and secure and reduce Russian nuclear material because these cooperative threat reduction efforts are in the national security interests of the United States. One of the original motivations behind the Cooperative Threat Reduction (CTR) assistance program was our understanding that Russia lacked the resources necessary to eliminate expeditiously the huge number of excess nuclear weapons inherited from the Soviet Union. We continue to believe this U.S. assistance serves to increase the scope and accelerate the pace of Russian eliminations of strategic nuclear weapons. Our participation in the CTR process also helps give us confidence that Russia is carrying out its commitments. Question. Has the possibility of U.S. assistance to Russia in implementing this treaty been discussed with Russian officials? If so, how have those discussions gone? Please provide the relevant portions of the negotiating record to this committee. Have any formal or informal understandings been reached with Russia in this regard? What plans has the Administration made for expanded assistance to help Russia deal with the weapons that it ``reduces'' pursuant to this Treaty? What increased funding of Cooperative Threat Reduction and other U.S. programs will be needed for this purpose? Answer. The possibility of further CTR assistance in implementing the Moscow Treaty has not been specifically discussed with the Russian Federation. However, the CTR program already includes funding in the outyears to support deep reductions in Russian strategic nuclear delivery systems and their associated warheads. The Administration is prepared to expand CTR assistance, as required, to support the secure transport, storage and elimination of delivery vehicles and warheads under the Moscow Treaty, although there are no requirements related to this in the Moscow Treaty. Question. The Treaty does not limit tactical nuclear weapons, even though their limitation was adopted as a START III objective at the Helsinki summit of 1997. Why was this issue dropped out? Answer. The Moscow Treaty is based on the new strategic relationship between the United States and Russia. It therefore starts from a different premise and has different objectives than previous U.S.-Russian arms control efforts. The Moscow Treaty reflects President Bush's determination to expeditiously reduce the number of operationally deployed strategic nuclear weapons, and to reduce the time required to negotiate arms control agreements. Thus, the Treaty focuses on reductions in strategic nuclear warheads. At the same time, we have made clear to Russia our interest in non-strategic nuclear weapons, and in particular, in greater transparency regarding those weapons. We will be pursuing these questions with Russia. Over the last decade, the United States and Russia have both made significant reductions in their non-strategic nuclear weapons without a formal arms control agreement. However, we are concerned about the large number of Russian tactical nuclear weapons and Russia's nuclear warhead production capability. Both Secretary Rumsfeld and I have raised these concerns with our Russian counterparts. We put them on notice that we intend to address these issues bilaterally. We plan to pursue transparency discussions on tactical nuclear weapons as a priority matter in the Consultative Group for Strategic Security (CGSS), which will convene for the time this fall. Many aspects of the issue of tactical nuclear weapons also involve our NATO allies and our Alliance commitments, so it is an Alliance matter in addition to a bilateral issue with Russia. Accordingly, in the NATO-Russia channel, we will also continue to focus on developing confidence building and transparency measures for tactical nuclear weapons that complement our bilateral efforts. In addition, ongoing Cooperative Threat Reduction (CTR) programs and the Global Partnership Initiative Against the Spread of WMD (10+10/ 10 initiative) will enhance the security of Russian nuclear warhead storage and add a measure of transparency. Question. Wouldn't it be in our national interest to have a verifiable accounting of Russia's tactical nuclear weapons and verifiable reductions in those weapons? How many tactical nuclear weapons do we believe Russia retains? Doesn't the record of uncertainty regarding Russian actions since 1991 and 1992, when [Soviet and] Russian Presidents Gorbachev and Yeltsin promised massive reductions in tactical nuclear weapons, illustrate the relevance of formal agreements in this area? Answer. As I indicated in my testimony, we continue to be concerned about the uncertainties surrounding Russian non-strategic (tactical) nuclear weapons (NSNW). Therefore, it will be important to continue to pursue transparency for NSNW. Under the 1991-1992 Presidential Nuclear Initiatives (PNIs), Washington and Moscow issued parallel unilateral statements of intent to make significant reductions in NSNW. Russia has stated that most of the weapons Gorbachev and Yeltsin pledged to eliminate have been eliminated and that it plans to complete implementation of its PNIs by 2004 contingent on ``adequate financing.'' We believe that Moscow has fulfilled many of its pledges, but we have some concerns in this area and will press Moscow for information regarding these reductions and for their completion. A principal focus of our concern is on ``loose nukes.'' Developing and negotiating an effective verification regime for NSNW stockpiles is neither needed nor practical at this time. Information obtained through transparency measures will help us to ascertain how best to assist Russia to secure its NSNW from proliferation threats. With regard to your third question, the U.S. decision in 1991 to undertake a unilateral initiative on non-strategic nuclear weapons (NSNW), rather than negotiate a formal agreement was the correct decision. It was quickly reciprocated by Soviet President Gorbachev and reaffirmed, and expanded upon, by Russian President Yeltsin in January 1992. As a result, without first negotiating and concluding a complicated arms control agreement, thousands of Russian NSNW (many from non-Russian republics) were withdrawn to central storage in Russia and removed from surface ships and submarines. Unquestionably, this unilateral approach made the world much safer than if we had waited for the completion of protracted, formal arms control negotiations during this uncertain period when the Soviet Union was disintegrating. Over the last decade, the U.S. and Russia have both continued to reduce their NSNW significantly without a formal arms control agreement. I do not want to prejudge my discussions with Russia, but we would like greater transparency for Russian NSNW, implementation of the PNIs, and for Russia's nuclear infrastructure in general. This is for both security and nonproliferation reasons. The United States and its NATO Allies have repeatedly expressed their concerns about the uncertainties surrounding NSNW in Russia and have called on Moscow to reaffirm the PNIs and to complete the reductions it pledged to make. I plan to raise these concerns with my Russian counterparts in the newly formed Consultative Group for Strategic Security (CGSS). Question. How many tactical nuclear weapons do we believe Russia retains? Answer. Due to its SECRET classification, this answer has been submitted under separate cover. Question. You testified that the issue of tactical nuclear weapons will be pursued in the Consultative Group for Strategic Security. Will the United States be prepared to eliminate its remaining tactical nuclear warheads or some of its non-deployed strategic nuclear warheads in return for Russia's elimination of all or nearly all of its tactical nuclear warheads? Answer. We do not want to prejudge our discussions with Russia. That said, it is important to note that NATO is committed to retaining a credible nuclear deterrent. We must likewise recognize that Russia is unlikely to eliminate ``all or nearly all of its tactical nuclear warheads'' under foreseeable circumstances. Separate from the Moscow Treaty, we will be pressing for greater transparency in Russian non- strategic nuclear weapons (NSNW) and in Russia's nuclear infrastructure in general. This is directly relevant both to transparency about security-related activities and to our nonproliferation concerns about the control, safety, and security of Russian nuclear weapons and fissile material. Since 1991, the types and numbers of NATO sub-strategic nuclear forces have been reduced by approximately 85 percent, including the elimination of entire categories of weapons. We plan to press Moscow to complete the implementation of, and provide more transparency concerning, its 1991 and 1992 Presidential Nuclear Initiatives (PNI). It is premature to talk about further NSNW reductions. For a host of political and technical reasons, it would be difficult to subject these warheads for non-strategic weapons to treaty provisions. For example, most U.S. nuclear warheads for NSNW are designed for use with dual-capable delivery systems that are maintained primarily for non- nuclear purposes. These reasons, in fact, contributed to the decision in 1991 to employ the PNI approach of parallel unilateral initiatives rather than pursuing formal arms control negotiations. In addition, with respect to U.S. non-strategic nuclear weapons in support of NATO, these weapons continue to play a vital role in the Alliance. Recent NATO statements have reaffirmed that the Alliance continues to place great value on U.S. nuclear forces based in Europe and committed to NATO, which provide essential political and military linkage between the European and the North American members of the Alliance. As recently as June 6, 2002, NATO Defense Ministers reaffirmed the importance of the Alliance's nuclear forces for preserving peace and preventing coercion and any kind of war. Question. Will the United States be prepared to offer assistance in accounting for, maintaining the security of, or eliminating Russia's tactical nuclear weapons? Answer. One of the original motivations for the Cooperative Threat Reduction (CTR) program was our belief that Russia lacked the resources necessary to eliminate expeditiously the huge number of excess nuclear weapons inherited from the Soviet Union and to maintain the remaining weapons as safely and securely as possible. We continue to believe this U.S. assistance serves to increase the scope and accelerate the pace of Russian reductions in nuclear weapons. Thus, when and to the extent permitted by law, the United States will continue to offer CTR assistance to Russia to increase the security of all of its non-deployed nuclear warheads, including tactical or sub-strategic nuclear warheads. (CTR assistance cannot be provided to Russia or any other country of the former Soviet Union in any year unless there has been a certification under 22 U.C.S. 5952(d) of the commitment of that country to certain courses of action. Russia was not certified in 2002, but the President has waived the certification requirements for the balance of FY 2002 under authority included in the recently enacted supplemental counter-terrorism appropriations legislation.) CTR assistance increases the physical security of Russian warhead storage facilities through better fencing and alarm systems, increases the capabilities of guard forces, enhances the reliability of warhead security personnel and improves the accounting for Russian warheads. Our assistance also facilitates the dismantlement of Russian nuclear warheads, including tactical or sub-strategic nuclear weapons being reduced under the Presidential Nuclear Initiatives (PNIs) of 1991 and 1992, by providing increased secure storage and paying for the transportation of warheads to disassembly facilities. Question. What transparency measures does the Administration seek from Russia regarding the reductions required by this Treaty? What transparency measures does the Administration plan to institute so as to assure Russia that the United States is implementing the Treaty? Answer. As was discussed in the Section 306 Report, the United States will gain transparency into the disposition of Russia's strategic nuclear warheads and the overall status of reductions in its strategic forces through our own intelligence resources, bilateral assistance programs, the START Treaty, and the work of the Consultative Group for Strategic Security (CGSS) and the Treaty's Bilateral Implementation Commission. We expect Russia to gain transparency in much the same way. We have determined that specific additional transparency measures are not needed, and will not be sought, at this time. We recognize, however, that more contacts and exchanges of information could be useful and that the Parties could decide to develop additional transparency measures in the future. The CGSS will meet in September to begin the dialogue. The Bilateral Implementation Commission will meet after the Treaty enters into force. Question. What specific transparency or verification measures did each side propose during the negotiation of the treaty? Why were none of these adopted? Answer. During the initial stages of the talks, we exchanged views on a moderate set of potential reciprocal transparency measures. Once both countries agreed that the reduction obligations being codified would preserve the flexibility for each side to take its reductions in its own way, it appeared to the U.S. that there was no immediate need to work out transparency measures applicable to this context. Among other things, START's verification measures would continue to be available until December 2009. Russia too agreed that the Moscow Treaty need not include such measures. Accordingly, no specific transparency or verification measures were negotiated. However, as I made clear in my testimony, we are ready to discuss transparency. Question. What is the meaning of Article II, which appears only to acknowledge the obvious existence of the START treaty? Answer. The purpose of Article II is to make clear that the Moscow Treaty and the START Treaty are separate. It clarifies that the START Treaty's provisions do not extend to the Moscow Treaty, and the Moscow Treaty does not terminate, extend or in any other way affect the status of the START Treaty. Question. How can START declarations and inspections be used to verify compliance with commitments that use non-START definitions or counting rules? For example, START provided for ``reentry vehicle inspections of deployed ICBMs and SLBMs to confirm that such ballistic missiles contain no more reentry vehicles than the number of warheads attributed to them.'' But if a Party says that the missile contains fewer reentry vehicles than the warhead attribution number, is there any obligation to allow inspectors to verify that lower number? Will that be technically feasible? Answer. START's verification regime, including data exchanges and inspections, will continue to add to our body of knowledge over the course of the decade regarding the disposition of Russia's strategic nuclear warheads and the overall status of reductions in Russia's strategic nuclear forces. As you point out, START provides for reentry vehicle inspections of deployed ICBMs and SLBMs to confirm that such ballistic missiles contain no more reentry vehicles than the number of warheads attributed to them. Although technically feasible, START does not require the inspected Party to allow inspectors to verify that a missile contains fewer reentry vehicles than the number of warheads attributed to missiles of that type. The Moscow Treaty recognizes a new strategic relationship between the United States and Russia based on the understanding that we are no longer enemies and that the principles which will underpin our relationship are mutual security, trust, openness, cooperation, and predictability. This understanding played an important role in our judgments regarding verification. Our conclusion, as we state in the report submitted in accordance with Section 306 of the Arms Control and Disarmament Act, was that, in the context of this new relationship, a Treaty with a verification regime under the Cold War paradigm was neither required nor appropriate. Question. Experts have warned that the safest place to store Russian warheads might be on their missiles, in their silos--rather than in a storehouse that might be poorly secured. If Russia should announce a decision to leave its warheads on their missiles, while reducing its ``deployed'' warheads by disabling the missiles, how would we know that Russia was actually doing that? Would any provisions of this treaty or of the START Treaty require Russia to show us proof of that? Answer. Leaving warheads on missiles is not necessarily safer or more secure than housing them in a well-guarded storage facility. The nature of Russian warheads precludes their long-term storage in silos or upon missiles. As a practical matter, the high costs associated with maintaining warheads on missiles in a safe and secure manner precludes the long-term use of this technique to make reductions. Russia simply does not have the economic capability to maintain its current strategic missile force. Eliminating these systems, particularly with CTR assistance, is far more cost effective than maintaining them on missiles in their silos. There are no provisions in the Moscow Treaty or the START Treaty that would require Russia to demonstrate how some of its missiles armed with nuclear warhead(s) had been disabled to reduce the number of strategic nuclear warheads under the Moscow Treaty. The Moscow Treaty allows the United States and Russia to reduce their respective strategic nuclear warheads by any method they choose. Nevertheless, START's verification regime, including its data exchanges, short-notice on-site inspections, and provisions concerning telemetry, conversion and elimination, and mobile missile forces, will continue to add to our body of knowledge over the course of the decade regarding the disposition of Russia's strategic nuclear warheads and the overall status of reductions in Russia's strategic nuclear forces. Question. Why did you not take the opportunity to simply extend START through 2012? Are there any circumstances in which the United States would want to exceed the START limitations, either before or after December 2009? If so, please explain. Answer. The multilateral START Treaty could not have been extended in the context of the bilateral Moscow Treaty. The START Treaty is in place and will provide the foundation for confidence, transparency, and predictability for strategic offensive reductions. There will be ample time and opportunity over the next seven years to see how events unfold and to determine whether there will be a need to seek agreement among all five of the Parties to START. Moreover, as a result of work in the Consultative Group for Strategic Security and the Bilateral Implementation Commission, we will have a better sense of what, if any, supplementary measures we may want in place to enhance transparency and confidence regarding the Moscow Treaty reductions long before the START Treaty's current expiration date of December 5, 2009. Therefore, we saw no need to try to decide now whether and how START Treaty provisions could support our future objectives, which will undoubtedly evolve over the course of the next seven years. While we cannot exclude the possibility that some future circumstances may warrant increases in the number of operationally deployed strategic nuclear warheads above 1,700-2,200, at the present time we do not envision a circumstance that would necessitate an increase that would require us to withdraw from the START Treaty and, subsequently, exceed the final START limits. The Nuclear Posture Review established that maintaining between 1,700 and 2,200 operationally deployed strategic nuclear warheads would fully serve U.S. national security interests now and in the future. In November 2001, President Bush announced that, consistent with our national security and that of our allies, the United States would unilaterally reduce its operationally deployed strategic nuclear warheads to that level over the next ten years. The United States would not exceed the final START limitations, which were reached by all START Parties on or before December 5, 2001, without withdrawing from the START Treaty. Question. Why did you not at least extend through 2012 the verification provisions of START, for the purpose of verifying compliance with this new treaty? Answer. The START verification regime will provide the foundation for transparency into the implementation of the Moscow Treaty. During the negotiations, the United States and Russia did not elect to create a mechanism to extend the multilateral START Treaty in the context of the bilateral Moscow Treaty. In addition, at this time and in view of the fact that START's expiration is some seven years in the future, it was not pressing to resolve that issue during the negotiation of the Moscow Treaty. As we implement the Moscow Treaty and evaluate the information gained through START and other means, we will be in a stronger position to determine whether it would be in the interest of both Russia and the United States to extend bilaterally the verification provisions of the five-Party START Treaty beyond 2009. Question. In your prepared testimony, you referred to the U.S. counting rules for warheads and declared: ``This is a departure from the way in which warheads are counted under the START Treaty, but one that more accurately represents the real numbers of warheads available for use immediately or within days.'' This would appear to pertain only, however, if the resulting count is verifiable. Absent additional verification measures, if Russia were to adopt the U.S. counting rule for its own reductions, would the United States have greater confidence in the accuracy of that count, or of a count using START counting rules? Answer. President Bush stated last November 13 that the United States intended to reduce its operationally deployed strategic nuclear warheads unilaterally whether or not Russia followed suit. President Putin's welcome decision to reciprocate, and the subsequent Treaty that records these unilateral reduction commitments, is a sign of our new, cooperative strategic relationship--a relationship that does not depend on our ability to verify Russian reductions. From the outset, the objective was to reduce the number of strategic nuclear warheads to the lowest level that would best meet U.S. and Russian national security needs. The United States has stated that it will meet the 1,700 to 2,200 limit by reducing its number of ``operationally deployed strategic nuclear warheads.'' During the negotiations, Russia suggested that it anticipated reducing warheads by eliminating or converting missiles, launchers and heavy bombers. However, Russia did not state conclusively during the negotiations how it intends to carry out its reductions. Should Russia elect to achieve the limit in this way or by using the U.S. method, the result in either case will reduce the number of strategic nuclear warheads available for use below START Treaty levels. Question. Has the Administration tasked the U.S. Intelligence Community to monitor Russian compliance with the Treaty? Will that require increased effort on their part, and are sufficient funds budgeted for that? Answer. The National Intelligence Estimate for the Moscow Treaty, that discusses the Intelligence Community's (IC) ability to assess Russia's implementation of the Moscow Treaty, addresses this issue. While the content of this Estimate is classified, the document is available to members of the Senate. To complement the U.S. national intelligence resources, the implementation of the START Treaty will continue to add to our body of knowledge over the course of the decade regarding the disposition of Russia's strategic nuclear warheads and the overall status of reductions in Russia's strategic nuclear forces. The question regarding sufficiency of resources for the IC to perform its monitoring tasks should be directed to the Director of Central Intelligence. Question. The Joint Declaration on the New Strategic Relationship states that the START Treaty's ``provisions will provide the foundation for providing confidence, transparency, and predictability in further strategic offensive reductions.'' Why is this statement in the Joint Declaration, rather than in the Treaty? Does either the Treaty or the Joint Declaration require that data exchanges and inspections pursuant to the START Treaty be adjusted in any way? Answer. The Joint Declaration is a policy document, while the Moscow Treaty is legally binding. The cited reference to START in the Joint Declaration expresses the United States' and Russia's view of the value of the START Treaty's verification regime for providing data and access relevant to each Party's understanding of activities related to the Moscow Treaty. It does not amend, or add to, the Moscow Treaty. It also did not create any new rights or obligations with respect to START, but merely recognized the effects of existing ones. Consequently, the Declaration was the appropriate place for such language. Neither the Moscow Treaty nor the Joint Declaration requires that changes be made to any START Treaty provisions, including its data exchanges or inspection regime. Article II of the Moscow Treaty makes clear that START continues in force unchanged by this Treaty and that the START Treaty provisions do not extend to the Moscow Treaty. The Joint Declaration also states that START remains in force in accordance with its own terms. START notifications and inspections will continue unaffected by either the Moscow Treaty or the Joint Declaration. As I made clear in my July 9 testimony, the United States is ready to discuss additional transparency measures relevant to the Moscow Treaty. However, such measures would not change START obligations. Question. How will the Administration build on the START foundation? The Joint Declaration refers to ``other supplementary measures, including transparency measures, to be agreed.'' What measures are contemplated, and when do you expect to achieve them? Will these measures be adopted as amendments or protocols to the Treaty, as executive agreements, or as new treaties? Answer. One of the principal elements of the new strategic relationship between the United States and Russia is that there is no longer a need to regulate every step as we reduce our strategic nuclear warheads. START provides us with a strong foundation for transparency into reductions under the Moscow Treaty. In particular, START's verification regime will continue to add to our body of knowledge over the course of the decade regarding the disposition of Russia's strategic nuclear warheads and the overall status of reductions in Russia's strategic nuclear forces. However, until we know how Russia plans to makes its reductions and the Moscow Treaty enters into force and we acquire experience with implementing its provisions, it is premature at this point to attempt to forecast what transparency measures would be useful. The form that any supplementary measure would take, and whether it would be transmitted to the Senate for its advice and consent, will be determined by the nature and content of that measure. Question. The Joint Declaration gives the Consultative Group for Strategic Security a mandate as ``the principal mechanism through which the sides . . . expand transparency.'' What role will that group have in verification or implementation of this Treaty? How will this compare to the role of the Bilateral Implementation Commission established in Article III of the Treaty? You testified that the Bilateral Implementation Commission would be expected ``to see if we need more transparency to give us confidence'' and ``will be looking for new ways to enhance transparency and give us the kind of insight we need to have.'' What authority will the Commission have to recommend or adopt specific transparency measures? Why wasn't this authority made clear in the Treaty itself? Has Russia stated that it views the relative roles of the Bilateral Implementation Commission and the Consultative Group for Strategic Security in the same way that the United States does? Is that in the negotiating record? If so, please provide the relevant portions of that record to this committee. Answer. The Administration believes that the different roles of the BIC and the CGSS are made clear in the Moscow Treaty and the Joint Declaration on the New Strategic Relationship, respectively. The Consultative Group for Strategic Security (CGSS) will be a diplomatic consultative group chaired at the foreign and defense ministerial level, with the participation of other senior officials. This group will be the principle mechanism through which the sides strengthen mutual confidence, expand transparency, share information and plans, and discuss strategic issues of mutual interest. The Bilateral Implementation Commission (BIC) will also be a diplomatic consultative forum, which will meet at least twice a year once the Moscow Treaty is in force to discuss issues related to implementation of the Treaty. The Treaty specifies that the purpose of the BIC is to assist in implementing the Treaty. The BIC thus has a narrower focus than the CGSS, and will be separate and distinct from the CGSS. The Treaty provides no special negotiating authority for the BIC because there was no need to do so. The nature of the Moscow Treaty is such as to obviate any need for the expedited ``viability and effectiveness'' changes procedure that the Senate accepted as appropriate for other vastly more complex arms control treaties, such as START. If any additional agreements are concluded, their submission to the Senate for advice and consent will depend on their nature and content. Russia has not stated its views on the two groups' different roles. Question. The Treaty does not specify any benchmarks for reductions before December 31, 2012. Why did you choose that approach? Does the United States intend to postpone a significant portion of the required reductions until the last few years before the deadline? Answer. The absence of interim reduction levels in the Treaty means that each Party is free over the next ten years to retain the level of strategic nuclear warheads it considers necessary for its own national security, consistent with its obligation to meet the final deadline. It gives each Party greater flexibility to make reductions on a schedule that is cost-effective. This flexibility will allow us to adjust our strategic posture to respond to unforeseen contingencies such as emerging threats or system failures. As discussed in the Department of Defense's Nuclear Posture Review submitted to Congress earlier this year, by the end of Fiscal Year 2007 (FY07) the United States plans to retire all 50 of its ten-warhead Peacekeeper ICBMs and remove four Trident submarines from strategic nuclear service. This will reduce the number of U.S. operationally deployed strategic nuclear warheads by almost 1100 warheads. The specific additional reductions that will be made to meet the Treaty limits have not yet been decided. They will be part of the development and deployment of the New Triad established by the December 2001 Nuclear Posture Review. Moscow Treaty reductions will entail careful planning and execution on both sides. Our best judgment is that allowing ten years for this process will give both Parties time to complete these actions in a sound, responsible, and sustainable manner. We feel that the timeframe and the deadline are just what they should be. If either Party should have concerns about the other's progress towards meeting the Treaty's reduction deadline, it can raise them in the Bilateral Implementation Commission. Question. Does this Treaty bar force increases before 2012, so long as such increases do not breach another treaty? Has Russia stated that it shares the U.S. interpretation of the Treaty in this regard? If so, please provide the relevant statements or portions of the negotiating record. Answer. The Moscow Treaty does not bar force increases before 2012 as long as the required reductions are made by the December 31, 2012 reduction deadline. We have made this position clear to the Russian Federation. If either Party has concerns about the other's progress toward meeting the Treaty's reduction deadline, it can raise them in the Bilateral Implementation Commission. There are no relevant statements in the negotiating record. Question. Article I of the Treaty requires each Party to ``reduce and limit strategic nuclear warheads.'' What are the implications of the words ``reduce and limit?'' Does this language bar any interim force increases? How can we be certain that Russia understands the implications of this language as we do? Answer. The words ``reduce and limit'' in Article I refer to the reductions that must be made by the December 31, 2012 deadline and the limitation (1,700-2,200 strategic nuclear warheads) that would apply in the event that the Parties were to extend the duration of the Treaty. The Moscow Treaty does not bar force increases before 2012, as long as the December 31, 2012 reduction deadline is met. However, if either Party has concerns about the other's progress toward meeting the Treaty's reduction deadline, it can raise them in the Bilateral Implementation Commission. We made these positions clear to the Russian Federation during the course of the negotiations. Question. Is there any reason why the United States could not or should not accelerate its force reductions (for example, by removing warheads)? Answer. The 10-year deadline for reductions under the Moscow Treaty allows flexibility for each side to implement the reductions in a manner appropriate to its own circumstances. The United States will make these reductions as part of the development and deployment of the New Triad that was established by the December 2001 Nuclear Posture Review. Another factor is that these substantial U.S. and Russian reductions will entail careful planning and execution on both sides, and, therefore, will require considerable time to complete. Allowing ten years for this process to be completed will give both Parties time to complete these actions in a sound, responsible, and sustainable manner. We will make our reductions consistent with our Treaty obligations and our national security requirements. Question. Is there any reason why the United States could not or should not at least lower the operational status of forces slated for later reduction (for example, by changing the alert status of missile bases or the deployment patterns of submarines)? The Helsinki summit of 1997 established a START III objective of ``placement in a deactivated status of all strategic nuclear delivery vehicles which will be eliminated by START II by December 31, 2003.'' Why was no provision of that sort included in this Treaty? Answer. There would be little or no benefit to lowering the operational status or launch readiness (sometimes called ``dealerting'') of operationally deployed strategic nuclear warheads before they are reduced, and there are a number of reasons not to do so. The State Department would defer to the Department of Defense regarding the particulars of those reasons. In regard to the Helsinki Summit objective of early deactivation, the Russians in fact subsequently resisted taking any steps to act on that proposal. A requirement to deactivate missiles prior to reductions would have burdened both our countries with arbitrary restrictions on future force structure planning. This would be in diametric opposition to the Treaty's intention to give each Party flexibility in how it makes its reductions. Question. Since the Treaty is scheduled to expire on the first day that its only force reduction requirement takes effect, how binding will it be in practice? If one Party should choose to ignore its obligation, what will the other Party be able to do about it? If this Treaty does not really bind each Party in practice, then how does it contribute to the ``trust, openness, cooperation and predictability'' that you cited in your Letter of Submittal to the President? Answer. After it enters into force, the Moscow Treaty will be a legally-binding document. Each Party must accomplish the required reductions and meet the Treaty limit by December 31, 2012. In practice, to meet this Treaty's limit, reductions on both sides will begin long before December 31, 2012. In addition, given the processes and resources involved in reconstituting forces, neither Party is going to be able to immediately reconstitute its forces after expiration of the Treaty. Moreover, we can extend the Treaty if both Parties agree to do so. If either Party has concerns about the other's progress toward meeting the Treaty's reduction deadline, it can raise them in the Bilateral Implementation Commission. Moreover, either Party, in exercising its national sovereignty, will have the option to withdraw from the Treaty upon three months written notice to the other Party. Though the United States, for its part, intended to make its reductions with or without a treaty, the Treaty nonetheless serves as an important, formal, and enduring demonstration of the new strategic relationship between the United States and Russia. Question. The Joint Declaration on the New Strategic Relationship states a joint ``intention to carry our strategic offensive reductions to the lowest possible levels'' and it calls the Treaty ``a major step in this direction.'' That implies an intent that our reductions could go still further. Is that a correct interpretation of the Joint Declaration? What ``lowest possible levels'' is the Administration considering? What further reductions are most likely? Answer. Along with all other Parties to the Treaty on the Non- Proliferation of Nuclear Weapons of July 1, 1968 (the NPT), we are obligated by Article VI ``to pursue negotiations in good faith on effective measures related to cessation of the nuclear arms race at an early date and to nuclear disarmament, and on a treaty on general and complete disarmament under strict and effective international control.'' The statement in the Joint Declaration of May 24, 2002, therefore, appropriately reflects this commitment, as does similar preambular language in the Moscow Treaty. The conclusion of the Moscow Treaty takes a major step in this direction by codifying the two Parties' intention to carry out reductions to the level of 1,700-2,200 strategic nuclear warheads. The Moscow Treaty's 1,700-2,200 limit on strategic nuclear warheads represents the number of operationally deployed strategic nuclear warheads that we have concluded is necessary to meet U.S. and allied security requirements. Therefore, it is also the lowest possible level the Administration is considering in the current and foreseen security environment. Reductions beyond the 1,700-2,200 level have not been planned, but the Department of Defense continually assesses the military requirement levels for strategic nuclear warheads. The United States and Russia both intend to carry out strategic offensive reductions to the lowest levels possible, consistent with our national security requirements, alliance obligations, and reflecting the new nature of our strategic relations. Question. Why are the reductions to 1,700-2,200 warheads, rather than to a narrower range? Why does the United States need 500 more operationally deployed warheads than Russia? Answer. President Bush made it clear from the outset that he intended to reduce U.S. nuclear weapons to the lowest number consistent with U.S. and allied security requirements. Based on the Nuclear Posture Review, he determined that U.S. forces in a range of 1,700- 2,200 operationally deployed strategic nuclear warheads (ODSNW) will provide the capability and flexibility necessary to counter known threats and hedge against surprise technical or other unforeseen developments. This range is not based on Cold War paradigms or on how many more weapons we need over those possessed by any other specific country. The Department of Defense identified this range of ODSNW as the lowest number sufficient to meet U.S. national security needs now and into the foreseeable future. The President has concluded that we can safely reduce to that level over a period of time, while we watch a still uncertain world unfold before us. As outlined in the NPR, the United States had already, before negotiating the Moscow Treaty, decided to unilaterally reduce the size of its strategic nuclear forces to the level of 1,700-2,200 ODSNW. The NPR envisaged the 1,700-2,200 range of ODSNW reflected in the Treaty; nothing in either the NPR or the Treaty requires that the United States maintain 2,200 ODSNW, or that it have more ODSNW than Russia does. Question. Russia is a friend and not an enemy today because of the reforms begun by former Presidents Gorbachev and Yeltsin and continued by President Putin. Nevertheless, even after completing the reductions called for in this treaty, Russia will retain enough nuclear weapons to annihilate American society. How certain are we that Russian democratization is both wide and deep enough to insure against the possibility of a return to dictatorship? Answer. We have every reason to expect that the democratic and market reforms carried out by successive Russian governments since the late 1980's represent a fundamental break with Soviet totalitarianism. Russia has accepted the principle of the legitimacy of political leadership based on elections, which have been largely but not completely free and fair. Basic freedoms--of speech, religion, association and assembly--are guaranteed by the Russian constitution and largely observed in practice. A nascent but vibrant civil society continues to spread and gain influence. Many national and some local media, while not completely free and independent, are able to comment critically on government policy. To be sure, authoritarian elements of state conduct persist in the Russian Government's treatment of independent media, treatment of certain non-Orthodox religious communities, issuing of questionable espionage indictments against certain journalists and researchers, and in the conduct of its military in Chechnya. However, we regard the possibility of a return to true dictatorship in Russia--whether Soviet, nationalist-xenophobic, or some other type--as remote. Question. The Treaty calls for reductions in ``strategic nuclear warheads,'' but contains no definition or counting rules for that term. In your prepared testimony, you state that the United States proposed a detailed definition of ``operationally deployed strategic nuclear warheads,'' but failed to reach agreement with the Russians. What definition did the United States propose? What definitions, if any, did the Russian negotiators propose? Why was the United States unwilling to apply the START counting rules in this Treaty? What rigidities would those counting rules have imposed on U.S. reductions? Answer. The United States proposed the definition of ``operationally deployed strategic nuclear warheads'' described in our Article by Article analysis and made clear this is the definition the U.S. intends to use in carrying out its obligations under Article I of the Treaty. We consider such warheads to be ``reentry vehicles on ICBMs in their launchers, reentry vehicles on SLBMs in their launchers onboard submarines, and nuclear armaments loaded on heavy bombers or stored in weapons storage areas at heavy bomber bases.'' The United States also made clear that a small number of spare strategic nuclear warheads, including spare ICBM warheads, would be located at heavy bomber bases and that the United States would not consider these warheads to be operationally deployed strategic nuclear warheads. [THIS PARAGRAPH HAS BEEN SUBMITTED UNDER SEPARATE CLASSIFIED COVER.] Our objective in the Moscow Treaty was to limit the number of strategic nuclear warheads available for immediate use. The concept of limiting operationally deployed strategic nuclear warheads provides a more accurate measure of this number than START counting rules while also allowing us to carry out reductions in an effective, economical manner and preserve our ability to utilize delivery systems for other purposes, including as conventional weapons platforms. This balance of interests is more appropriate given our new strategic relationship with Russia and the need to maintain flexibility to respond, if necessary, to a more fluid and unpredictable global security environment. Strictly defined counting rules that do not reflect the actual number of warheads deployed on delivery vehicles played an important part in previous strategic arms control agreements to make accountability absolutely clear in advance. However, these counting rules came at the cost of complexity and arbitrariness. Given the new U.S.-Russian strategic relationship, counting rules were not needed for this Treaty. Moreover, counting rules restrict flexibility. For example, attributing a number of ``warheads'' to each bomber based on the maximum number of nuclear weapons it can carry would have required the United States to drastically reduce the size of our strategic bomber force, although these bombers and their weapons- carrying capabilities are needed for non-nuclear missions. An essential feature of the Treaty is to allow the United States and Russia to reduce their respective strategic nuclear warheads by any methods they may choose. While taking the important step of reducing warheads available for immediate use, we need to retain the flexibility to meet unforeseen contingencies. Question. What definition or counting rules will Russia use? Answer. In making its reductions, Russia will establish its own definition of ``strategic nuclear warheads.'' Russia did not state conclusively during the negotiations how it intends to carry out its reductions. Our original decision to make reductions was not dependent on whether Russia reduced its own forces to the same number, and we believe Russia has compelling reasons of its own, unrelated to the Moscow Treaty, to wish to reduce to the 1,700-2,200 range. Question. How can we be certain that Russia understands the meaning of the term ``strategic nuclear warheads'' as we do? Is there any written or unwritten agreement on definitions? The Article-by-Article Analysis states that ``Article I, by referencing the statements of both Presidents, makes clear that the Parties need not implement their reductions in an identical manner.'' Does this mean that each Party may use its own definition of the term ``strategic nuclear warheads,'' or only that each Party may take different paths to achieving the required warhead numbers under a common definition? If the former interpretation pertains, then where is it made clear that each Party is required to meet only its own definition of the reduction requirement? Has the Russian Federation ever said explicitly that the United States is free to adopt the definition and counting rules stated in your Letter of Submittal and the Article-by-Article Analysis? Or is there a difference of view between the two Parties on this matter? What does the negotiating record say on this? Please provide to this committee the relevant portions of that record. Answer. There is no definition of the term ``strategic nuclear warheads'' in the Treaty, nor is there any written or unwritten agreement on definitions elsewhere. Each Party may define the term in its own way and may reduce its strategic nuclear warheads by any method it chooses. When the United States proposed the final formulation for Article I of the Treaty, senior U.S. officials explained that the purpose of the formulation was to give each Party the flexibility to make reductions in the manner best suited to its circumstances and the flexibility to determine the structure and composition of its strategic nuclear forces. It was also made clear during the discussions leading to the Treaty that the United States will reduce its forces in accordance with President Bush's statement referred to in Article I of the Treaty; i.e., that the United States would define its reductions in terms of operationally deployed strategic nuclear warheads. While Russia is under no obligation to reduce its strategic nuclear warheads in the same manner, Russia does have an obligation to reduce to 1,700-2,200 strategic nuclear warheads. By signing the Treaty, the Russian side signaled its agreement to the flexible formulation of Article I and acceptance of the United States' intended method for implementing Article I's requirement. Question. According to the Article-by-Article Analysis, U.S. negotiators noted to their Russian counterparts that the United States would interpret, for the purposes of its own reductions, operationally deployed strategic nuclear warheads as: . . . reentry vehicles in ICBMs in their launchers, reentry vehicles on SLBMs in their launchers onboard submarines, and nuclear armaments loaded on heavy bombers or stored in weapons storage areas of heavy bomber bases. The United States also made clear that a small number of spare strategic nuclear warheads (including spare ICBM warheads) would be located at heavy bomber bases and that the United States would not consider these warheads to be operationally deployed strategic nuclear warheads. Please explain the distinction, for the purposes of implementing this treaty, between a reentry vehicle and a missile warhead. Are they synonymous terms? Or can the United States equip a strategic missile such that the number of warheads would differ from the number of RV's? Answer. Although the term ``missile warhead'' does not appear anywhere in the Moscow Treaty, for the purposes of implementing the Treaty, the term ``warhead,'' as it relates to ICBMs or SLBMs, is synonymous with ``reentry vehicle.'' In contrast, heavy bomber nuclear armaments are not technically the same as missile warheads and RVs. For Treaty purposes, however, they are included in the term ``strategic nuclear warheads.'' In the context of the Moscow Treaty, as the Article-by-Article makes clear, only ``nuclear'' reentry vehicles, as well as nuclear armaments, are subject to the 1,700-2,200 limit. Under this Treaty, once such warheads are no longer operationally deployed, they will no longer be included under that ceiling. Question. How will the United States distinguish between ``spare strategic nuclear warheads . . . located at heavy bomber bases,'' which would not count as operationally deployed strategic nuclear warheads, and ``nuclear armaments . . . stored in weapons storage areas of heavy bomber bases,'' which would count? How many spare warheads, other than ICBM warheads, will be stored in this manner? What transparency measures is the United States prepared to offer Russia to illustrate this distinction? Answer. No specific decisions have yet been made regarding spares other than that the United States has a requirement to locate a small number of spare strategic nuclear warheads at bomber bases. These may well vary across the life of the Treaty, depending on future force structure decisions, the assessed safety and reliability of the stockpile, and the dynamic strategic environment. We refer you to DOE and DOD for more information on this subject. As noted in the May 24 Joint Declaration on the New Strategic Relationship, the Consultative Group for Strategic Security will be the principal mechanism through which the United States and Russia strengthen mutual confidence, expand transparency, share information and plans, and discuss strategic issues of mutual interest. Neither Party has expresses interest in any specific types of transparency measures. Question. Your Letter of Transmittal to the President and the Article-by-Article Analysis state: ``In the context of this Treaty, it is clear that only 'nuclear' reentry vehicles, as well as nuclear armaments, are subject to the 1,700-2,200 limit.'' What non-nuclear reentry vehicles does the United States have for its strategic missiles? How will the United States demonstrate that a reentry vehicle is non-nuclear, if one should be on a missile or at a storage site inspected or visited by a Russian on-site inspector? Answer. This issue would only arise if a Party deployed conventional reentry vehicles on its ballistic missiles. The United States does not deploy any non-nuclear reentry vehicles on its ballistic missiles. The Moscow Treaty imposes no requirements for demonstrations of whether reentry vehicles are non-nuclear, or for inspections or visits to storage sites. Question. The START Treaty allows a Party to withdraw, after giving 6 months' notice, ``if it decides that extraordinary events related to the subject of this Treaty have jeopardized its supreme interests.'' Why was it necessary to reduce the notice period to three months and to delete the requirement for any justification for withdrawal? Answer. The provision allowing withdrawal on three months', rather than six months', written notice provides greater flexibility for each side to respond in a timely manner to unforeseen circumstances, whether those circumstances are technical problems in the stockpile, the emergence of new threats or other changes in the international environment. The Moscow Treaty's formulation for withdrawal reflects the likelihood that a decision to withdraw would be prompted by causes unrelated either to the Treaty or to our bilateral relationship. We believe this formulation more appropriately reflects our much-improved strategic relationship with Russia. However, both the withdrawal formulation typically found in Cold War arms control treaties (``if it decides that extraordinary events related to the subject matter of this Treaty have jeopardized its supreme interests'') and the Moscow Treaty's more general ``in exercising its national sovereignty'' are legally similar in that both allow each Party to determine for itself whether conditions requiring withdrawal exist. Question. How likely is it that the United States will discover a need to breach these modest limits on such short notice? Answer. Based on an extensive study by the Department of Defense of our nuclear posture, President Bush announced that the United States would reduce its operationally deployed strategic nuclear warheads to a level between 1,700-2,200 warheads. In indicating that the United States was prepared to proceed unilaterally, and inviting President Putin to implement similar reductions, President Bush made clear that the United States could do this without jeopardizing U.S. security, even without reciprocal Russian reductions. However, we cannot predict what challenges may arise within the next decade. For this reason, the withdrawal clause was carefully fashioned to allow flexibility for each side to respond to unforeseen circumstances, whether those circumstances are technical problems in the stockpile, the emergence of new threats, or other changes in the international environment. Question. Does the Administration anticipate a need to withdraw from this Treaty for a lesser reason than that which is required in START? Answer. Unlike the withdrawal formulation found in the START Treaty (``if it decides that extraordinary events related to the subject matter of this Treaty have jeopardized its supreme interests''), the Moscow Treaty's more general withdrawal formulation (``in exercising its national sovereignty'') is not tied to a Party's determination that extraordinary circumstances jeopardizing its supreme national interests exist. Because the new strategic relationship between the United States and Russia is based on common responsibilities and common interests rather than a nuclear balance of terror, the Cold War formulation for the withdrawal clause was not consistent with the different and more cooperative approach to reductions embodied in the Moscow Treaty. While it is possible that a Party might need to withdraw from the Treaty because of unforeseen events, in this day and age such action would likely be for reasons completely unrelated to the bilateral relationship. Neither country can predict what security challenges may arise within the next decade. For this reason, the withdrawal clause was carefully fashioned to allow flexibility for each side to respond to unforeseen circumstances, whether those circumstances are technical problems in the stockpile, the emergence of new threats, or other changes in the international environment. This is not a ``lesser'' reason than that envisioned in the START withdrawal clause. Question. Since the Treaty imposes no limit until December 31, 2012, when the Treaty itself will expire unless extended, why is there any need for a withdrawal provision before then? The real impact of the new withdrawal provision would appear to be to allow a Party to announce its intent to withdraw on September 30, 2012, thus nullifying the sole reduction requirement in the Treaty, without giving--or needing--any justification. How will a treaty with such a low standard for withdrawal produce the ``genuine strategic partnership based on . . . predictability'' that you forecast in your Letter of Submittal to the President? Answer. Neither country can predict what security challenges may arise within the next decade. For this reason, the withdrawal clause was carefully fashioned to allow flexibility for each side to respond to unforeseen circumstances, whether those circumstances are technical problems in the stockpile, the emergence of new threats, or other changes in the international environment. Because both countries signaled their intent to undertake the reductions in deployed strategic nuclear weapons that became embodied in the Treaty, the likelihood either Party would delay beginning its reductions until late in the Treaty's term, then withdraw without having met its reduction obligations, is not plausible. Reductions on both sides will begin long before December 31, 2012. If Russia is not taking appropriate steps to meet the 2012 deadline, we can raise this issue in either the Consultative Group for Strategic Security or the Bilateral Implementation Commission. Question. What role will the Congress have in any decision to withdraw from this treaty? Will the Administration agree at least to consult closely with this committee before making any such decision? Answer. While it is the President who withdraws from treaties, the Administration intends to discuss any need to withdraw from the Treaty with the Congress, to include the Senate Foreign Relations Committee, prior to announcing any such action. Question. Press reports indicate that Russian negotiators pressed for general limits on future U.S. missile defense deployments, but that this was rejected by the United States. The Russian side then reportedly sought general language in the treaty that a future U.S. national missile defense system would not threaten Russia's strategic deterrent. The United States rejected this proposal as well. Why did the United States resist the inclusion of general assurances in the treaty that any future U.S. national missile defense system would not threaten Russia's strategic nuclear deterrent? Is there any thought that, in the future, a missile defense system may well be deployed that would threaten Russia's strategic nuclear deterrent? Answer. The U.S. missile defense program is designed to deal with limited rogue-state missile threats. We are talking about being able to intercept handfuls, not hundreds, of missiles. U.S. missile defenses will not threaten Russia's security. With respect to the absence of any reference to missile defense in the Moscow Treaty, the Administration's view is that missile defense deployments are necessary to deal with the emerging third world missile threat. We are not willing to agree to any limitations on our ability to counter this threat. The Russian Federation and the United States have moved beyond our Cold War relationship into a new strategic framework built on the principles of mutual security, trust, openness, cooperation and predictability rather than military confrontation. We believe that placing missile defense limitations on ourselves or the Russians in the Moscow Treaty would not have served our mutual goal of moving beyond Cold War thinking. The Administration's view is that the United States and Russia should not view their respective defense programs in terms of each other in the manner we did when we were Cold War adversaries. While the Moscow Treaty does not address missile defense, that subject is addressed in the U.S. and Russian Presidents' May 24, 2002 joint declaration on the new strategic relationship between the United States and Russia. We agreed with Russia to implement measures aimed at strengthening confidence and increasing transparency in the missile defense area. The declaration also notes our agreement to study possible areas for missile defense cooperation. Question. The sixth preambular paragraph in the Treaty cites the Joint Statement by the two Presidents on Strategic Issues of July 22, 2001, which reads: We agreed that major changes in the world require concrete discussions of both offensive and defensive systems. We already have some strong and tangible points of agreement. We will shortly begin intensive consultations on the interrelated subjects of offensive and defensive systems. Why was this citation included in the Treaty? What is its legal effect? Does the United States continue to believe that offensive and defensive systems are ``interrelated subjects?'' How, if at all, will future developments regarding U.S. missile defense systems affect the implementation of this treaty? How will they affect any further reductions in, or agreements on, strategic offensive forces? Answer. The sixth preambular paragraph recognizes the Joint Statements made by Presidents Bush and Putin in Genoa on July 22, 2001, and in Washington, DC on November 13, 2001, that detail the new basis for relations between the United States and Russia. This preambular language does not impose any restrictions or obligations relating to missile defense programs. Offensive and defensive systems are ``interrelated subjects'' in that the development of effective missile defenses will reduce our dependency on strategic forces for maintaining an effective deterrent. Missile defenses will play an increasing role in the deterrence of WMD attack. What is new is that our deterrence calculus has changed. We are now working to transform our nuclear posture from one aimed at deterring a Soviet Union that no longer exists, to one that is part of a New Triad designed to deter new adversaries that may no longer be discouraged solely by the threat of U.S. nuclear retaliation. The United States and Russia acknowledge that today's security environment is fundamentally different from that during the Cold War; consequently, they are taking steps to reflect the changed nature of the strategic relationship between them, including possible areas for missile defense cooperation. Future developments in missile defense systems are not tied to, and will not affect the implementation of, the Moscow Treaty. The United States and Russia both intend to carry out strategic offensive reductions to the lowest levels possible, consistent with national security requirements and alliance obligations, and reflecting the new nature of our strategic relations. We believe U.S. missile defenses capable of defending the United States, its friends and allies, and our forces abroad, in conjunction with the development of the new U.S. approach to strategic deterrence and an improved relationship with the Russian Federation, will enhance the possibility for further reductions in strategic offensive forces. Question. Was your testimony coordinated with the other affected departments and agencies of the Executive branch? If not, why not? Answer. My July 9 testimony was coordinated with the other affected departments and agencies of the Executive Branch, following standard procedures for interagency coordination. Question. Are there any related or side agreements with regard to this Treaty which have not been submitted to the Senate? If so: please explain and provide the relevant texts. Answer. No side agreements of any sort exist with regard to this Treaty. The Treaty stands alone. Question. Are there any significant interpretive statements made by an authorized U.S. official in connection with the negotiation of this treaty, other than those submitted to the Senate with the treaty itself, of which the Committee should be aware? If so, please explain and provide the relevant texts. Answer. No.