[Congressional Record Volume 149, Number 30 (Tuesday, February 25, 2003)]
[Senate]
[Pages S2699-S2700]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     EXECUTIVE REPORT OF COMMITTEE

  The following executive report of committee was reported on February 
20, 2003, during the recess of the Senate, pursuant to a unanimous 
consent agreement of February 13, 2003:


[[Page S2700]]


       By Mr. LUGAR, from the Committee on Foreign Relations: 
     Treaty Doc. 107-8--The Moscow Treaty (Exec. Rept. No. 108-1)

        Text of Committee Recommended Resolution of Ratification

       Resolved, (two thirds of the Senators present concurring 
     therein),
       Section 1. Senate Advice and Consent Subject to Conditions 
     and Declarations.--The Senate advises and consents to the 
     ratification of the Treaty Between the United States of 
     America and the Russian Federation on Strategic Offensive 
     Reductions (T. Doc. 107-8, in this resolution referred to as 
     the ``Moscow Treaty'' or ``Treaty''), subject to the 
     conditions in section 2 and declarations in section 3.
       Sec. 2. Conditions.--The advice and consent of the Senate 
     to the ratification of the Moscow Treaty is subject to the 
     following conditions, which shall be binding on the 
     President:
       (1) Report on the role of cooperative threat reduction and 
     nonproliferation assistance.--Recognizing that implementation 
     of the Moscow Treaty is the sole responsibility of each 
     party, not later than 60 days after the exchange of 
     instruments of ratification of the Treaty, and annually 
     thereafter on February 15, the President shall submit to the 
     Committee on Foreign Relations and the Committee on Armed 
     Services of the Senate a report and recommendations on how 
     United States Cooperative Threat Reduction assistance to the 
     Russian Federation can best contribute to enabling the 
     Russian Federation to implement the Treaty efficiently and 
     maintain the security and accurate accounting of its nuclear 
     weapons and weapons-usable components and material in the 
     current year. The report shall be submitted in both 
     unclassified and, as necessary, classified form.
       (2) Annual implementation report.--Not later than 60 days 
     after exchange of instruments of ratification of the Treaty, 
     and annually thereafter on April 15, the President shall 
     submit to the Committee on Foreign Relations and the 
     Committee on Armed Services of the Senate a report on 
     implementation of the Treaty by the United States and the 
     Russian Federation. This report shall be submitted in both 
     unclassified and, as necessary, classified form and shall 
     include--
       (A) a listing of strategic nuclear weapons force levels of 
     the United States, and a best estimate of the strategic 
     nuclear weapons force levels of the Russian Federation, as of 
     December 31 of the preceding calendar year;
       (B) a detailed description, to the extent possible, of 
     strategic offensive reductions planned by each party for the 
     current calendar year;
       (C) to the extent possible, the plans of each party for 
     achieving by December 31, 2012, the strategic offensive 
     reductions required by Article I of the Treaty;
       (D) measures, including any verification or transparency 
     measures, that have been taken or have been proposed by a 
     party to assure each party of the other party's continued 
     intent and ability to achieve by December 31, 2012, the 
     strategic offensive reductions required by Article I of the 
     Treaty;
       (E) information relevant to implementation of this Treaty 
     that has been learned as a result of Strategic Arms Reduction 
     Treaty (START) verification measures, and the status of 
     consideration of extending the START verification regime 
     beyond December 2009;
       (F) any information, insufficiency of information, or other 
     situation that may call into question the intent or the 
     ability of either party to achieve by December 31, 2012, the 
     strategic offensive reductions required by Article I of the 
     Treaty; and
       (G) any actions that have been taken or have been proposed 
     by a party to address concerns listed pursuant to 
     subparagraph (F) or to improve the implementation and 
     effectiveness of the Treaty.
       Sec. 3. Declarations.--The advice and consent of the Senate 
     to the ratification of the Moscow Treaty is subject to the 
     following declarations, which express the intent of the 
     Senate:
       (1) Treaty interpretation.--The Senate reaffirms condition 
     (8) of the resolution of ratification of the Document Agreed 
     Among the States Parties to the Treaty on Conventional Armed 
     Forces in Europe (CFE) of November 19, 1990 (adopted at 
     Vienna on May 31, 1996), approved by the Senate on May 14, 
     1997, relating to condition (1) of the resolution of 
     ratification of the Intermediate-Range Nuclear Forces (INF) 
     Treaty, approved by the Senate on May 27, 1988.
       (2) Further strategic arms reductions.--The Senate 
     encourages the President to continue strategic offensive 
     reductions to the lowest possible levels consistent with 
     national security requirements and alliance obligations of 
     the United States.
       (3) Bilateral implementation issues.--The Senate expects 
     the executive branch of the Government to offer regular 
     briefings, including consultations before meetings of the 
     Bilateral Implementation Commission, to the Committee on 
     Foreign Relations and the Committee on Armed Services of the 
     Senate on any implementation issues related to the Moscow 
     Treaty. Such briefings shall include a description of all 
     efforts by the United States in bilateral forums and through 
     diplomatic channels with the Russian Federation to resolve 
     any such issues and shall include a description of--
       (A) the issues raised at the Bilateral Implementation 
     Commission, within 30 days after such meetings;
       (B) any issues related to implementation of this Treaty 
     that the United States is pursuing in other channels, 
     including the Consultative Group for Strategic Security 
     established pursuant to the Joint Declaration of May 24, 
     2002, by the Presidents of the United States and the Russian 
     Federation; and
       (C) any Presidential determination with respect to issues 
     described in subparagraphs (A) and (B).
       (4) Nonstrategic nuclear weapons.--Recognizing the 
     difficulty the United States has faced in ascertaining with 
     confidence the number of nonstrategic nuclear weapons 
     maintained by the Russian Federation and the security of 
     those weapons, the Senate urges the President to engage the 
     Russian Federation with the objectives of--
       (A) establishing cooperative measures to give each party to 
     the Treaty improved confidence regarding the accurate 
     accounting and security of nonstrategic nuclear weapons 
     maintained by the other party; and
       (B) providing United States or other international 
     assistance to help the Russian Federation ensure the accurate 
     accounting and security of its nonstrategic nuclear weapons.
       (5) Achieving reductions.--Recognizing the transformed 
     relationship between the United States and the Russian 
     Federation and the significantly decreased threat posed to 
     the United States by the Russian Federation's strategic 
     nuclear arsenal, the Senate encourages the President to 
     accelerate United States strategic force reductions, to the 
     extent feasible and consistent with United States national 
     security requirements and alliance obligations, in order that 
     the reductions required by Article I of the Treaty may be 
     achieved prior to December 31, 2012.
       (6) Consultations.--Given the Senate's continuing interest 
     in this Treaty and in continuing strategic offensive 
     reductions to the lowest possible levels consistent with 
     national security requirements and alliance obligations of 
     the United States, the Senate urges the President to consult 
     with the Senate prior to taking actions relevant to 
     paragraphs 2 or 3 of Article IV of the Treaty.

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