<DOC> [107th Congress House Hearings] [From the U.S. Government Printing Office via GPO Access] [DOCID: f:88591.wais] COMBATING TERRORISM: PREVENTING NUCLEAR TERRORISM ======================================================================= HEARING before the SUBCOMMITTEE ON NATIONAL SECURITY, VETERANS AFFAIRS AND INTERNATIONAL RELATIONS of the COMMITTEE ON GOVERNMENT REFORM HOUSE OF REPRESENTATIVES ONE HUNDRED SEVENTH CONGRESS SECOND SESSION __________ SEPTEMBER 24, 2002 __________ Serial No. 107-231 __________ Printed for the use of the Committee on Government Reform Available via the World Wide Web: http://www.gpo.gov/congress/house http://www.house.gov/reform ______ 88-591 U.S. GOVERNMENT PRINTING OFFICE WASHINGTON : 2003 ____________________________________________________________________________ For Sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpr.gov Phone: toll free (866) 512-1800; (202) 512ÿ091800 Fax: (202) 512ÿ092250 Mail: Stop SSOP, Washington, DC 20402ÿ090001 COMMITTEE ON GOVERNMENT REFORM DAN BURTON, Indiana, Chairman BENJAMIN A. GILMAN, New York HENRY A. WAXMAN, California CONSTANCE A. MORELLA, Maryland TOM LANTOS, California CHRISTOPHER SHAYS, Connecticut MAJOR R. OWENS, New York ILEANA ROS-LEHTINEN, Florida EDOLPHUS TOWNS, New York JOHN M. McHUGH, New York PAUL E. KANJORSKI, Pennsylvania STEPHEN HORN, California CAROLYN B. MALONEY, New York JOHN L. MICA, Florida ELEANOR HOLMES NORTON, Washington, THOMAS M. DAVIS, Virginia DC MARK E. SOUDER, Indiana ELIJAH E. CUMMINGS, Maryland STEVEN C. LaTOURETTE, Ohio DENNIS J. KUCINICH, Ohio BOB BARR, Georgia ROD R. BLAGOJEVICH, Illinois DAN MILLER, Florida DANNY K. DAVIS, Illinois DOUG OSE, California JOHN F. TIERNEY, Massachusetts RON LEWIS, Kentucky JIM TURNER, Texas JO ANN DAVIS, Virginia THOMAS H. ALLEN, Maine TODD RUSSELL PLATTS, Pennsylvania JANICE D. SCHAKOWSKY, Illinois DAVE WELDON, Florida WM. LACY CLAY, Missouri CHRIS CANNON, Utah DIANE E. WATSON, California ADAM H. PUTNAM, Florida STEPHEN F. LYNCH, Massachusetts C.L. ``BUTCH'' OTTER, Idaho ------ ------ EDWARD L. SCHROCK, Virginia ------ JOHN J. DUNCAN, Jr., Tennessee BERNARD SANDERS, Vermont JOHN SULLIVAN, Oklahoma (Independent) Kevin Binger, Staff Director Daniel R. Moll, Deputy Staff Director James C. Wilson, Chief Counsel Robert A. Briggs, Chief Clerk Phil Schiliro, Minority Staff Director Subcommittee on National Security, Veterans Affairs and International Relations CHRISTOPHER SHAYS, Connecticut, Chairman ADAM H. PUTNAM, Florida DENNIS J. KUCINICH, Ohio BENJAMIN A. GILMAN, New York BERNARD SANDERS, Vermont ILEANA ROS-LEHTINEN, Florida THOMAS H. ALLEN, Maine JOHN M. McHUGH, New York TOM LANTOS, California STEVEN C. LaTOURETTE, Ohio JOHN F. TIERNEY, Massachusetts RON LEWIS, Kentucky JANICE D. SCHAKOWSKY, Illinois TODD RUSSELL PLATTS, Pennsylvania WM. LACY CLAY, Missouri DAVE WELDON, Florida DIANE E. WATSON, California C.L. ``BUTCH'' OTTER, Idaho STEPHEN F. LYNCH, Massachusetts EDWARD L. SCHROCK, Virginia Ex Officio DAN BURTON, Indiana HENRY A. WAXMAN, California Lawrence J. Halloran, Staff Director and Counsel R. Nicholas Palarino, Senior Policy Analyst Jason Chung, Clerk David Rapallo, Minority Counsel C O N T E N T S ---------- Page Hearing held on September 24, 2002............................... 1 Statement of: Baram, Amatzia, professor of middle east history and head of the Jewish-Arab Center and Middle East Institute........... 85 Bryan, Danielle, executive director, the Project on Government Oversight....................................... 79 Bunn, Matthew, senior research associate, project on managing the atom, Belfer Center for Science and International Affairs, John F. Kennedy School of Government, Harvard University................................................. 28 Gottemoeller, Rose, senior associate, Carnegie Endowment for International Peace........................................ 65 Hamza, Khidhir, president, Council on Middle Eastern Affairs, former director general, Iraqi Nuclear Weapons Program..... 8 Lee, Rensslear, research associate, Foreign Affairs, Defense, and Trade Division, Congressional Research Service......... 52 Paine, Christopher, senior researcher, Natural Resources Defense Council............................................ 77 Letters, statements, etc., submitted for the record by: Bryan, Danielle, executive director, the Project on Government Oversight, prepared statement of................ 83 Bunn, Matthew, senior research associate, project on managing the atom, Belfer Center for Science and International Affairs, John F. Kennedy School of Government, Harvard University, prepared statement of.......................... 32 Gottemoeller, Rose, senior associate, Carnegie Endowment for International Peace, prepared statement of................. 68 Hamza, Khidhir, president, Council on Middle Eastern Affairs, former director general, Iraqi Nuclear Weapons Program, prepared statement of...................................... 12 Lee, Rensslear, research associate, Foreign Affairs, Defense, and Trade Division, Congressional Research Service, prepared statement of...................................... 55 Shays, Hon. Christopher, a Representative in Congress from the State of Connecticut, prepared statement of............ 3 COMBATING TERRORISM: PREVENTING NUCLEAR TERRORISM ---------- TUESDAY, SEPTEMBER 24, 2002 House of Representatives, Subcommittee on National Security, Veterans Affairs and International Relations, Committee on Government Reform, Washington, DC. The subcommittee met, pursuant to notice, at 10:07 a.m., in room 2154, Rayburn House Office Building, Hon. Christopher Shays (chairman of the subcommittee) presiding. Present: Representatives Shays, Kucinich, Schakowsky and Tierney. Staff present: Lawrence J. Halloran, Staff Director and Counsel; R. Nicholas Palarino, Senior Policy Advisor; Thomas Costa, Professional Staff Member; Jason M. Chung, Clerk; Jarrel Price, Intern; David Rapallo, Minority Counsel; and Earley Green, Minority Assistant Clerk. Mr. Shays. A quorum being present. The Subcommittee on National Security, Veterans Affairs and International Relations hearing entitled, ``Combating Terrorism: Preventing Nuclear Terrorism,'' is called to order. Early this month the International institute For Strategic Studies issued an assessment of Iraq's weapons of mass destruction programs. The report concluded Saddam Hussein's nuclear programming probably needs several years to produce enough fissile material for a weapon, but if Iraq were to acquire enough enriched uranium from foreign sources, Saddam could have the bomb in a matter of months. That chilling scenario leads us to ask, where would Iraq, al Qaeda or Hezbollah go shopping for the missing core of their malevolent atomic aspirations? How can the threat of nuclear terrorism be reduced? As we will hear today from witnesses expert in nuclear programs and nonproliferation efforts, a global radiological bazaar has opened for business since the demise of the Soviet Union. The International Atomic Energy Agency has reported 17 confirmed incidents since 1993 involved diversion of plutonium or highly enriched uranium. Some of that material has never been recovered. More than 300 research reactors in 58 nations generate weapons-grade uranium kept under security arrangements ranging from adequate to appalling. To be sure, acquiring and building a nuclear device involves complex technical challenges and requires more visible infrastructure than terrorists generally prefer, but the growing public record of attempts by Osama bin Laden and others to purchase fissile fuel and other radiological material demonstrates a determination we dare not underestimate or dismiss. The threat also lurks here at home, where nuclear weapons labs, civilian generating facilities and even medical waste storage sites stand as tempting targets for those seeking to spread radioactive terror. In May, I joined a congressional delegation led by Indiana Senator Richard Lugar to examine the progress of cooperative threat reduction efforts in the former Soviet Union. That trip blew my mind. We saw the obvious benefits of facilities like the fissile material storage facility at Mayak, Russia, where roughly $1 trillion worth of uranium and plutonium will be secured. But much material remains to be protected, and the expertise to make more needs to be productively reemployed. While this is our first hearing on these issues, it will not be the last. The shape and scope of current threat reduction programs to staunch the availability of dangerous nuclear materials are being discussed by conferees on the 2003 defense authorization bill. In the coming months we need to hear from the administration, from our government and private partners in this efforts, and from scientists on how effectively the threat of nuclear terrorism is being addressed. We thank all our witnesses for coming this morning. We look forward to their testimony. And I am going to remind people that what you hear is available to the public. This is not a closed hearing. I will say as a Member of Congress, I am tired of the number of hearings that are so-called secret that the American people have a right to know. And if they just listened to what was being discussed today, they would learn almost, if not more than, frankly, what I learned behind closed doors. [The prepared statement of Hon. Christopher Shays follows:] [GRAPHIC] [TIFF OMITTED] T8591.001 [GRAPHIC] [TIFF OMITTED] T8591.002 Mr. Shays. I recognize my ranking member, Mr. Kucinich, who has been very, very active on this committee. Mr. Kucinich. I want to thank the Chair for his ongoing efforts to protect the security of the United States of America. I want to indicate my appreciation for your conscientiousness in that regard. I want to welcome all our witnesses here. Each of them has raised concerns regarding potential vulnerability to nuclear terrorism ranging from insufficient security of nuclear materials in the former Soviet states, to lack of import controls at our borders, to the inadequate protection of nuclear facilities right here in the United States. In addition, we also have as this hearing's keynote speaker Dr. Khidhir Hamza as someone who has worked inside the Iraqi nuclear weapons program. Dr. Hamza will offer insight into the research that was ongoing during his tenure years ago. I must indicate, Mr. Chairman, that in my preparation for today's hearings, after reviewing some of Dr. Hamza's statements to the press, I have to express my concern because I have seen statements that indicate that Dr. Hamza has said or implied that Saddam Hussein was behind the anthrax attacks. I know that the FBI has been critical for failing to connect the dots, but as far as I know, they have no evidence or even a reasonable suspicion that Saddam Hussein was involved in any way with the anthrax attacks. We spend billions of dollars with our U.S. intelligence agencies, and they have scoured every bit of evidence at their disposal. They have not made that connection, nor have they made a connection, as Dr. Hamza has stated, that Hussein has cooperated and collaborated with al Qaeda, because at this point in the briefings I have been privy to, there has been no connection between Iraq and September 11, nor Iraq and al Qaeda, or Hussein and al Qaeda, or the anthrax attacks. So I am interested in hearing from Dr. Hamza as to how he was able to crack both of these cases when our own government could not do so. Even more troubling, and directly related to the subject of today's hearings, Dr. Hamza has stated that Saddam Hussein has nuclear weapons; not just that he is developing them or is seeking to acquire them, but that he currently possesses them. Now, again, I have received briefings, and no one in the briefings I have received has been able to establish that Iraq currently possesses any kind of usable nuclear weapons. I understand that Dr. Hamza defected to the United States back in 1994, and that it has been several years since he actually worked on the Iraqi nuclear program, and since then our United Nations inspectors have been to Iraq and located facilities and have destroyed them. If, in fact, Iraq has acquired nuclear weapons since the inspectors left in 1998, we need to know that. We need to know how anyone has come by that information, and how it was obtained, and how our intelligence agencies missed it. I will say that there are things that Dr. Hamza and I may agree on. I was one of those Members of Congress, Mr. Chairman, as I think you were, too, who voted in 1998 for this country to take a position which reflected disfavor upon the regime of Saddam Hussein and indicated we would support efforts to remove him. Of course, I do not go as far as some would today in saying that assassination and regime change by force are acceptable, but I did vote for that resolution. I agreed that the record of Mr. Hussein in killing and torturing his own people and using chemical weapons against them and flouting U.N. resolutions should be held to accountability, but judging from the statements that have been made to the media, there are people who want to send in troops, U.S. troops, to settle the score with Hussein no matter how little support this country has in the world community, no matter how many lives we have to sacrifice, no matter how great the degree of regional conflagration, and no matter that they do not have a plan as to what to do after we conquer Iraq. So, Mr. Chairman, understanding the gravity of this meeting, I would look to offer Dr. Hamza a little bit of unsolicited advice. When you are here today, Doctor, you are not speaking just to a media forum, you are speaking to the U.S. Congress, and you will be under oath, and you will be speaking on a topic of utmost gravity which reflects for many people here a question of whether or not the United States of America should send hundreds of thousands of its young men and women directly into harm's way. So I hope that you will recognize that some will use your statements here today to try to justify an all-out attack on Iraq that would result in the deaths of many Americans as well as the deaths of many innocent Iraqi civilians. Thank you, Mr. Chairman. Mr. Shays. I thank the gentleman. We are joined by Ms. Schakowsky, the gentlewoman from Illinois, and a very competent member of this committee. Ms. Schakowsky. Thank you, Mr. Chairman. I thank you and Mr. Kucinich for convening this hearing. This is a timely discussion since the issue of nuclear terrorism has been a topic of concern for the administration, the Congress and the American people. In a recent speech before the United Nations, President Bush suggested that a primary reason for taking military action against Iraq is that Saddam Hussein is seeking nuclear weapons which he could provide to terrorists. Administration officials also have stated that they have intelligence indicating that al Qaeda operatives are actively seeking to obtain nuclear weapons. I consider these statements to be great cause of concern, and it is important that we analyze this issue very carefully. We need to understand the different ways terrorist groups can acquire radiological and nuclear weapons and ways to prevent such actions from occurring. I am eager to learn about the expertise and resources that terrorists would need to build a radiological or nuclear weapon. Another important issue to investigate is what current safeguards exist and what new ones need to be put in place to protect our homeland against such a deadly attack, and I am hoping these concerns will be addressed in today's hearing. When discussing threats of terrorist groups and nations using weapons of mass destruction on the United States and our allies, the current debate of whether we should attack Iraq is so important. One of the underlying reasons that the administration claims to support a preemptive strike against Iraq is the idea that Iraq may supply weapons of mass destruction to terrorist groups who will in turn use them on the United States and its allies. In the President's national security strategy report for 2002, it is stated that the administration has ``irrefutable proof'' that Iraq has acquired nuclear weapons. In fact, if irrefutable proof exists, why has the President not yet presented it to the Congress or the American people? Where is the proof that these nuclear weapons are being sold to terrorist groups? Another issue of concern to me is our policy on nuclear proliferation. Why is the President only concentrating on Iraq's nuclear ambitions and ignoring the countless numbers of insecure nuclear facilities across the globe? Why is the President not making sure that Russia's stockpile of uranium, for example, is not made more secure? Why is the President not working harder to prevent nuclear scientists all over the world from joining the ranks of terrorist organizations and rogue nations? A new investment in nonproliferation would help convince a skeptical world that we are serious about nuclear proliferation. By solely concentrating our interest on Iraq, it is getting harder to convince the world that it is just about weapons of mass destruction, not domestic politics or oil or revenge. Instead of spending $200 billion on a war with Iraq, we could invest in nonproliferation, which would make more of a positive impact on the global war on terrorism and would actually make us safer than a unilateral war on Iraq would. I am hoping that today's hearing will shed some more light on these important issues. Nuclear terrorism is a serious topic that must not be overlooked. We must make sure that terrorist groups never get their hands on such destructive and deadly weapons. However, it is also very important that before we go after these organizations with military action, that we must have absolute proof that they have nuclear weapons in their possession. But when dealing with rogue nations such as Iraq, the situation becomes even more complicated. Dismantling a terrorist organization is one thing, but preemptively attacking an entire nation is something else. If nuclear weapons do exist in Iraq, are we actually going to be safer if we launch this kind of unilateral preemptive attack? It is important for us to work with the international community to continue to force weapons inspection. I believe in coercive inspections to resume in Iraq and continue to isolate Iraq if they continue to push back. It is vital that we work with our international allies and others in the international community to make sure we look over all possible options in preventing these groups and nations from acquiring such weapons before we look to military solutions. Where we have concerns, we must undertake aggressive efforts to protect this Nation. When the threat is imminent, the President has many tools and options at his disposal to deal with that threat. However, it is imperative that, when time and circumstances permit, we exercise all diplomatic options before sending our young men and women into war and into harm's way. Thank you. Mr. Shays. Thank you very much. I will announce our panel and welcome them. I will swear them in. I want to apologize from the start. You are somewhat cramped, but we thought the synergy with the seven of you would be very helpful. I will also say that you have 5 minutes to make a statement, but if you run over close to 10, I would stop you. But you have more than 5, and I am also going to say that we do not do the 5-minute rule particularly when we have so few Members. If a number of you want to jump in and answer a question, you can. So we are going to learn a lot today, and it will be very informative. Our panel is comprised of Dr. Khidhir Hamza, president, Council on Middle Eastern Affairs, former director general, Iraqi nuclear weapons program. It blows me away. Mr. Matthew Bunn, senior research associate, project on managing the atom, Belfer Center for Science and International Affairs, John F. Kennedy School of Government, Harvard; Dr. Rensslear Lee, consultant, Foreign Affairs Defense and Trade Division, Congressional Research Service; Ms. Rose Gottemoeller, senior associate, Carnegie Endowment for International Peace; Mr. Christopher Paine, senior researcher, National Resources Defense Council; Ms. Danielle Bryan, executive director of the Project on Government Oversight; Dr. Amatzia Baram, professor of Middle East history, University of Haifa, head of the Jewish-Arab Center and Middle East Institute. We welcome all of you. I would ask you all to stand. As you know, we swear in all of our witnesses. [Witnesses sworn.] Mr. Shays. I will note for the record the witnesses responded in the affirmative. I ask unanimous consent that all members of the subcommittee be permitted to place an opening statement in the record and that the record remain open for 3 days for that purpose. Without objection, so ordered. I ask further unanimous consent that witnesses be permitted to include their witness statements in the record. Without objection, so ordered. That enables you, particularly those who will follow, because we are going down the row here, if you want to submit your testimony and speak extemporaneously, feel free to do that. It is 5 minutes, then a rollover. Dr. Hamza. STATEMENT OF KHIDHIR HAMZA, PRESIDENT, COUNCIL ON MIDDLE EASTERN AFFAIRS, FORMER DIRECTOR GENERAL, IRAQI NUCLEAR WEAPONS PROGRAM Mr. Hamza. Thank you, Mr. Chairman, distinguished Members. Thank you. If I may answer some of the questions raised earlier about my earlier statements. The anthrax, I did not say Iraq. Mr. Shays. Let me do this. Give us your statement, and I will let you answer those questions--this is a sneaky way for him to ask questions before--and feel free to respond to those questions. And important, I was joking. Mr. Hamza. The Iraqi program--actually the Institute for Strategic Studies of London that did a study of the Iraqi nuclear weapon program did declare, like the inspectors did, that the Iraq do possess a working design for a nuclear weapon. It has all the components needed for a nuclear weapon except for fissile core, the nuclear core. Iraq has a program, a larger program, to produce fissile materials locally. Iraq has local resources for natural uranium production from its phosphates. It has already delivered to the inspectors 160 tons produced locally from natural resources. It has its own uranium stockpile right now; the Germans estimate something like 10 tons of natural uranium, 1.3 tons of slightly--average uranium. The Institute states that Iraq, if it has fissile material right now, acquired it, has through black market or other means, it could produce a nuclear weapon within months, probably 6 months. The estimate is correct, but I think it misses the point on one aspect, and that is Iraq program is more serious than this. This is a program that is meant to produce an arsenal of nuclear weapons, not just one. One nuclear weapon would not provide the regime with the deterrence it needs to stay in power long enough and to be protected in such a way that it could menace its neighbors, be the bully of the region, do whatever Saddam wants to do. He already invaded two countries of his neighbors, and if he wants to continue on this path, he needs a much more credible deterrence than one nuclear weapon, because if he does that, he loses. The Iraqi program is meant is to produce average uranium to bomb grade and has--it has two technologies to do that, already resolved with all the bottlenecks in these technologies. One was provided to them by the German scientist, Karl Schaab, who already was on trial in Germany, and because of the complacency of the German Government and allowing him to go ahead and supplying us with the technology needed for the uranium enrichment, the judge was sympathetic and sentenced him only to time served. So actually the only man who could smuggle nuclear technology into the weapon area to Iraq is out of jail and actually served no serious jail time. He was sentenced to time served and something like $32,000 in fines. What we have in Iraq is really a program that, put together, it could in 2 to 3 years produce fissile material enough--I estimate it could be in 2 years operational, and in 3 years it would have enough nuclear material for two to three nuclear weapons. I did not say that Iraq has right now nuclear weapons. The London Times misquoted the report or misquoted my statement. And when I sent the correction, he said it was too late for the print, for the issue to come out. The Iraq, the timeframe I stated earlier in my testimony to Congress, to the Senate, is that in 2 to 3 years, I expect Iraq will have enough equipment put together to produce enough material for nuclear weapons. The inspectors right now, the issue of inspectors going back in, inspectors were in Iraq, they did dismantle most of Iraq's nuclear infrastructure. The remaining issue in disarming Iraq is not just equipment and facilities. What is needed is really the whole infrastructure that makes weapons be dismantled. That includes scientists and knowledge base. Nothing on that was done by the inspectors. The inspectors were not given full access to scientists. Managers were always there during inspections. They didn't get the straight story from the scientists. They got the story as the Government of Iraq wanted them to get. So if the inspectors are to be effective, if they go back to Iraq, a measure has to be taken to force the Iraqi Government to allow them to talk to the scientists outside Iraq, without their managers. And, if possible, so that no retribution can be taken by the Iraqi Government against their families, their families go with them. If the measure is to mean anything, if sending the inspectors back in is to be effective and is to be the solution of the problem, then that is the accompanying measure that has to go with it, the scientists be talked to outside Iraq. The only time it happened is three scientists were sent to Vienna to talk to the inspectors in 1993, and the scientists were chosen by the Iraqi Government, not by the inspectors. The inspectors then didn't know much about the personnel working in the program and the scientists, so the choice was made by the Iraqi Government. Right now there is much more information on who is who in the Iraqi program, who can provide more information, and the choice could be decided by the inspectors and the U.S. Government, and not by the Iraqi Government. The weapons area, nuclear materials availability in the black market, I believe, is overstated. I do not think it is as easy as it has been built. I don't think you can just go ahead and buy fissile material on the market at will. In the Soviet Union we found out--the former Soviet Union and Russia after the fall of the Soviet Union, there were just too many sting operations going on. It was too dangerous for Iraqi operatives to go in and just buy nuclear material. I talked to a Soviet expert here a few years back, and he told me there are more sellers in the Soviet Union, in Russia, right now than buyers. I do not believe it. There might be more sellers than buyers, but they would be mostly part of a sting operation. So the Iraqi program was directed not to purchase of black market nuclear material basically, it was directed to a local production on a larger scale, and I believe this is more dangerous and more of concern than just trying to clamp down on available material outside of Iraq. The bigger concern is that Iraq will have its own production facilities in the nuclear area, and then you are dealing with major nuclear power after a while, and would that be an acceptable future one would want for the Middle East with Iraq in possession of several nuclear weapons sitting right there in the region and doing what it wants under a nuclear umbrella, and it would be much more dangerous to get rid of Saddam after that. I think the training needed for terrorism and nuclear weapon area, nuclear radiation area, is more than what is available to terrorist groups on their own right now. If one remembers, al Qaeda documents that were discovered in their hideouts were primitive. They were not on a level that terrorists could use comfortably or be in a grasp of enough knowledge and training to be able to deal comfortably or safely with nuclear materials. I believe what is needed is a state support to get this going. That's why al Qaeda knew this when they tried to contact the Pakistani scientist, his name, I believe, was Dr. Hamood, one of the former directors of one of the reactors, and it was immediately found out by Pakistani security, and he was interrogated, and the operation is stopped. So what is needed by a terrorist is more of a safe haven, a state sponsor that would provide them with this training and information safely without being ``right in the middle'' and the operation is stopped. September 11 would tell us that modern-day terrorists are more in the information area, in the training area. What the terrorists brought with them was training and information on what to do, and I believe a terrorist in the nuclear area would need this more than actual having his hand actually on some radioactive material which he can bring with him. I think they will be found out to where they will have problem transporting them, getting them to where he want to get them, and putting them in such a way he could spread them or cause damage with them. A safer bet would be that he will be trained on how to handle a certain weapons site or certain repository of nuclear material, either blow it up or find a way to get some of the material outside of that site and use it. I think I will reserve the rest of the question. [The prepared statement of Mr. Hamza follows:] [GRAPHIC] [TIFF OMITTED] T8591.003 [GRAPHIC] [TIFF OMITTED] T8591.004 [GRAPHIC] [TIFF OMITTED] T8591.005 [GRAPHIC] [TIFF OMITTED] T8591.006 [GRAPHIC] [TIFF OMITTED] T8591.007 [GRAPHIC] [TIFF OMITTED] T8591.008 [GRAPHIC] [TIFF OMITTED] T8591.009 [GRAPHIC] [TIFF OMITTED] T8591.010 [GRAPHIC] [TIFF OMITTED] T8591.011 [GRAPHIC] [TIFF OMITTED] T8591.012 [GRAPHIC] [TIFF OMITTED] T8591.013 [GRAPHIC] [TIFF OMITTED] T8591.014 [GRAPHIC] [TIFF OMITTED] T8591.015 [GRAPHIC] [TIFF OMITTED] T8591.016 [GRAPHIC] [TIFF OMITTED] T8591.017 [GRAPHIC] [TIFF OMITTED] T8591.018 Mr. Shays. Let me do this: Let me have you respond now, and then we will have questions later, but I did interrupt you, and you wanted to respond to the issues of claiming that Iraq was responsible. Mr. Hamza. Actually the Congressman mentioned two major things. I already answered one. I never said that Iraq is in possession of nuclear weapons. I was quoted as saying, improperly, by some British reporter. Most of what he wrote was correct except the time. He said 2 to 3 months. I did not say that. I said 2 to 3 years. The other issue is the anthrax. I never said Iraq is known to have done the anthrax. What I said is Dr. Richard Spurcel, the chief weapons inspector for the Iraqi biological weapons program, thinks that Iraq may have its fingerprints or the-- especially the letter sent to Senator Daschle, they think the anthrax deposited there and the powder the quality used as a base, as a substrate for putting the anthrax spores, is of such a quality that only Iraq possesses the technology to do this. And they think Iraqi fingerprints are in that kind of powder used. For my side, all I could confirm is that the micron-to- micron size reported for the powder used in that letter is within Iraqi capabilities because we did import this kind of equipment when I was there from Germany and, I believe, two or three machines at that time. So the powder technology, that's all I could confirm at that time, powder technology is there. How it is used by the biologists, they could manage to use it as a base, as a carrier for the spores needed for anthrax. That is the area for the biologist. I am not an expert in biological weapons, and I used merely--I reported what Dr. Spurcel already reported to Congress. Mr. Shays. We will start out a question with Mr. Kucinich, and I will follow him. And I apologize to Mr. Kucinich if he in any way thinks that I do not think this is important. It is a very serious issue, and I am happy he raised it. I didn't mean to make light of it. Mr. Bunn, we will go with you, and you have the floor now. STATEMENT OF MATTHEW BUNN, SENIOR RESEARCH ASSOCIATE, PROJECT ON MANAGING THE ATOM, BELFER CENTER FOR SCIENCE AND INTERNATIONAL AFFAIRS, JOHN F. KENNEDY SCHOOL OF GOVERNMENT, HARVARD UNIVERSITY Mr. Bunn. Thank you very much, Mr. Chairman. It is an honor to be here today to discuss what is one of the more urgent security issues facing the United States today, and that is the threat of nuclear terrorism. My message today is quite simple: That I believe the danger is real. I believe the danger is urgent, but I believe there are things that the United States can and should be doing to reduce that danger to a very low level, and that Congress has a key role in doing that. In my prepared statement I have 15 specific recommendations for Congress. I will not burden you with more than five in my opening remarks. Since September 11, we have been hearing over and over again that the warnings weren't sufficiently clear to tell us what it was we needed to do to stop the attack. Here that is not the case. The warnings are clear, and I think the facts are relatively stark. We know that Osama bin Laden himself has said that he wants nuclear weapons, that he sees getting weapons of mass destruction as a religious duty. Al Qaeda operatives have repeatedly attempted to buy highly enriched uranium for a nuclear weapon. They have tried to recruit nuclear weapon scientists to help them. The extensive materials found in Afghanistan were evidence of al Qaeda's continuing interest. They were primitive, I agree with Dr. Hamza, but on the other hand, one does not necessarily leave one's best stuff in the safe house as you flee. We know from the physics of the situation that, unfortunately, making a nuclear bomb while difficult is not necessarily beyond the bounds of a large and well-organized terrorist group such as al Qaeda. Indeed DOE's own internal security regulations require protection against the possibility of terrorists who might break into a DOE site, being able to set off a nuclear explosion while they were still inside the facility with material right at hand. We know that the amounts required are small, and we know at the same time that plutonium and highly enriched uranium while radioactive are not so radioactive as to be difficult to steal and carry away or to be easy to detect as they are crossing our borders. We know that there is enough highly enriched uranium and plutonium in the world today for nearly a quarter million nuclear weapons, and it is in hundreds of buildings in scores of countries around the world, with security at some of these sites that is simply appalling. There are some sites that literally have no armed guards at the door. There are sites with no detector at the gate if someone were carrying out plutonium or HEU in his briefcase. There are sites with no security cameras in the area where the plutonium or highly enriched uranium is stored. These materials are the essential ingredients in nuclear weapons, and they need to be secured at least as well as gold and diamonds are. That is demonstrably not the case in the world today. It seems to me these facts lead inescapably to one conclusion, and that is we need to do everything in our power to secure nuclear weapons and the nuclear materials needed to make them wherever they may be anywhere in the world. By contrast, it does not make sense to me that--the notion that Iraq would actually intentionally give a nuclear weapon or nuclear materials to terrorists. Saddam Hussein is a fanatical dictator. He wants to control everything. That is his nature. The notion of giving--if he were to get a nuclear weapon or materials after this hard-won effort, that he would give it away to someone he couldn't control is simply not in his nature, and particularly to a group like al Qaeda, which is sworn to destroy the secular governments of the Arab world like Saddam Hussein's government. The Defense Department's own assessment of the probability of such an event is low. Unfortunately, our current response is not as intensive as it should, in fact, be. We have a patchwork quilt of dozens of programs in several Cabinet departments dealing with everything from securing nuclear materials to trying to stabilize nuclear scientists, and many of these are making progress and deserve strong support. But the reality is that to date only about 40 percent of the nuclear material in the former Soviet Union has had even rapid upgrades in place, bricking over windows, piling blocks in front of doors, this kind of thing. And comprehensive security and accounting upgrades have been accomplished for less than half of that. Virtually only one-seventh of Russia's highly enriched uranium stockpile has been destroyed, and there remain highly enriched uranium stockpiles and research reactors all over the world that are insecure. The President has said that keeping weapons of mass destruction out of the hands of terrorist is his top priority, but his program does not yet match that rhetoric. To date we have no senior official anywhere in the U.S. Government with full-time responsibility for leading and managing the effort to keep weapons of mass destruction out of the hands of terrorists. We have no integrated plans for that mission. The resources devoted to that mission, the entire budget for cooperative threat reduction, is about a third of 1 percent of our defense budget. It is the amount we spend in a single day on our military budget, and there is little sustained high- level attention. As a result, these efforts are slowed by bureaucracy, lack of coordination, and often lack of vision and high-level attention. So I believe that Congress has a major role to play in correcting this situation, first, of course, in continuing this strong bipartisan support for the relevant budgets, but also in rigorous oversight, including hearings with independent witnesses, such as the one today. And I respectfully recommend a number of specific options, and let me run through them very quickly because I am running out of time. First, we need a single leader. I believe Congress should mandate that the President appoint someone on a model of Governor Ridge, who wakes up every morning thinking, what can I do to keep nuclear weapons out of the terrorists' hands today, who keeps this on the front burner every day. Second, we need a global coalition. Because these materials are in countries all over the world, the problem can only be solved by global cooperation. I believe Congress should direct the President to build on the June achievements at the June G-8 summit to build a global cooperative effort to secure weapons of mass destruction everywhere. Third, we need to accelerate our approach with Russia and build it into a real partnership. I believe that Congress should mandate the President to develop a fully joint strategic plan with Russia to complete all of the upgrades for nuclear warheads and security within 4 years at most. Fourth, I believe that we need to expand outward globally, and in particular with an effort to clean out the vulnerable stockpiles like Vinca that exist around the world. I have a memo for the defense conferees on specifically what kind of language changes would be needed to authorize the kind of program that is needed to clean out these vulnerable stockpiles, wherever they may be. At the same time, in that defense authorization conference, I think it is crucial that the President get the flexibility to spend Nunn-Lugar funds wherever in the world there may be threats to the United States that need to be addressed. And I think it is crucial that he get the permanent waiver authority that he himself has sought so that we don't end up again, as we have this year, delaying crucial investments in U.S. national security over political issues related to cooperative threat reduction. I have a number of other points on these issues and on reactor security and on dirty bombs in my statement, but I will stop there having used up more time than I should, for which I apologize. Mr. Shays. No need to apologize. I appreciate your testimony. [The prepared statement of Mr. Bunn follows:] [GRAPHIC] [TIFF OMITTED] T8591.019 [GRAPHIC] [TIFF OMITTED] T8591.020 [GRAPHIC] [TIFF OMITTED] T8591.021 [GRAPHIC] [TIFF OMITTED] T8591.022 [GRAPHIC] [TIFF OMITTED] T8591.023 [GRAPHIC] [TIFF OMITTED] T8591.024 [GRAPHIC] [TIFF OMITTED] T8591.025 [GRAPHIC] [TIFF OMITTED] T8591.026 [GRAPHIC] [TIFF OMITTED] T8591.027 [GRAPHIC] [TIFF OMITTED] T8591.028 [GRAPHIC] [TIFF OMITTED] T8591.029 [GRAPHIC] [TIFF OMITTED] T8591.030 [GRAPHIC] [TIFF OMITTED] T8591.031 [GRAPHIC] [TIFF OMITTED] T8591.032 [GRAPHIC] [TIFF OMITTED] T8591.033 [GRAPHIC] [TIFF OMITTED] T8591.034 [GRAPHIC] [TIFF OMITTED] T8591.035 [GRAPHIC] [TIFF OMITTED] T8591.036 [GRAPHIC] [TIFF OMITTED] T8591.037 [GRAPHIC] [TIFF OMITTED] T8591.038 Mr. Shays. Dr. Lee. STATEMENT OF RENSSLEAR LEE, RESEARCH ASSOCIATE, FOREIGN AFFAIRS, DEFENSE, AND TRADE DIVISION, CONGRESSIONAL RESEARCH SERVICE Mr. Lee. Thank you very much, Mr. Chairman. Certainly a major concern of American policy since September 11 has been the terrorists might acquire some kind of nuclear capability and turn it against targets on American soil and overseas. And we have heard these intimidating statements by Osama bin Laden that acquiring weapons of mass destruction is a religious duty and his threats to unleash such weapons in retaliation against a U.S. attack, and these statements, of course, have added to our overriding sense of concern. However, a certain mystery surrounds terrorists' nuclear procurement objectives and activities. Hard evidence of al Qaeda's forays into the nuclear marketplace is extremely sparse, in my opinion, suggesting that the threat of nuclear terrorism is overstated or has not yet materialized. For example, no terrorist connection has been discerned, at least I do not see it, and authorities that I have talked to don't see it, in any of the 20 confirmed cases of seizures of highly enriched uranium or plutonium that have occurred internationally since the early 1990's. Indeed only one reasonably well-documented case of al Qaeda's attempting to buy the ingredients of nuclear weapons has been recorded. This concerned a deal to purchase what purported to be enriched uranium of South African origin in the Sudan in 1993 or 1994. But many people believe that this transaction was really a hoax, and that al Qaeda's buyers were likely victimized by Sudanese scam artists selling ordinary radioactive material that could not be used to make a fission bomb. I can cite some lurid media reports that bin Laden and his crew tried to get or even succeeded in obtaining tactical nuclear weapons from former Soviet states, but these accounts, in my opinion, lack supporting detail or contain obvious errors that diminish their credibility. And officially at least, no Russian nuclear weapons are known to be missing or to have been stolen. Let's look at some of the other scenarios. It is not inconceivable that terrorists could lay their hands on the perhaps 40 to 50 kilograms of highly enriched uranium necessary to build a crude nuclear weapon, but accomplishing this would be no small feat for a pariah nonstate actor like al Qaeda. This would require scouting potential suppliers, creating the necessary official cover, gaining access to nuclear facilities, cultivating inside collaborators, and making complex arrangements for payment and delivery, and I think this would be beyond the capabilities of known terrorist groups. Now, a nation-state might find it easier to mount such an operation; for example, Iran. Iran boasts wide-ranging contacts with Russia in the nuclear sphere and could leverage legitimate purchases of nuclear goods to target potential sources of strategic nuclear material. Also the question arises, and this has been mentioned before in this hearing, whether the engineering challenges of building a bomb might be beyond the capabilities of a terrorist group. Although the fundamental principles are well known and are described on the Internet, the devil, as they say, is in the details. Such considerations might lead terrorists to turn to the technically and logistically simpler path of building chemical or biological or radiological dispersal devices, and al Qaeda seems to have explored these various option. Another scenario, and this also has been mentioned, concerns the risk of secondary nuclear proliferation to terrorists from rogue states such as Iran and Iraq. Such states' nuclear weapons programs are ominous in their own right, but sharing nuclear secrets obtained at great risk and cost with outsiders, including terrorist groups, seems unlikely. One factor is that international terrorist organizations such as al Qaeda, Hamas, Hezbollah have independent sources of funding and definitely have independent political agendas and could not be trusted not to turn nuclear weapons against their sponsors. Of course, if the state was attacked, and if survival was at stake, it might try to use terrorist agents as delivery vehicles for weapons of mass destruction, but this, again, raises an entirely new set of questions, some of them admittedly timely, I should say. While nuclear terrorism may appear as something less than a clear and present danger, this is not cause for complacency. Bin Laden and other terrorists have demonstrated a clear interest in having nuclear weapons even if their efforts to date to secure them seem haphazard and unsophisticated. Terrorists could learn from their mistakes, and over time they could develop more effective procurement strategies. On the supply side, political and economic upheavals and the growth of religious fundamentalism may have diminished the ability of certain nuclear armed states to monitor and control their nuclear assets. The security problems in parts of Russia's nuclear complex, for example, are well-documented. I might also note, speaking of risk factors, that Russia's effort to attract private capital investment into its formerly secret nuclear cities as part of its nuclear downsizing and defense conversion program could create opportunities for hostile states and terrorists to sets up front companies in these zones in close proximity to sources of nuclear material and expertise. For these reasons, protecting sources of nuclear material, weapons and know-how may well be an important focus of counterterrorism policy. U.S.-financed efforts are under way to improve defenses against nuclear theft and smuggling in Russia and other former Soviet states. Recommendations have also been made to introduce advanced U.S. technical safeguards in facilities in Pakistan's nuclear weapons complex, but while progress has been recorded in our risk management efforts, significant gaps and vulnerabilities remain. Some observers have argued for reconfiguring U.S. nuclear security policy to focus more on the demand side of the proliferation equation; that is, on the machinations and intentions of the terrorist adversaries themselves. A demand- side strategy would presuppose a broader international intelligence and law enforcement effort to track procurement networks of terrorist radical states. In addition, successes in the war on terrorism and other spheres, such as destroying terrorists' bases and training camps, disrupting their finances, keeping al Qaeda on the run and off balance, is likely to reduce the risk that terrorists can acquire a nuclear weapons capability. Thank you. Mr. Shays. Thank you very much, Mr. Lee. [The prepared statement of Mr. Lee follows:] [GRAPHIC] [TIFF OMITTED] T8591.039 [GRAPHIC] [TIFF OMITTED] T8591.040 [GRAPHIC] [TIFF OMITTED] T8591.041 [GRAPHIC] [TIFF OMITTED] T8591.042 [GRAPHIC] [TIFF OMITTED] T8591.043 [GRAPHIC] [TIFF OMITTED] T8591.044 [GRAPHIC] [TIFF OMITTED] T8591.045 [GRAPHIC] [TIFF OMITTED] T8591.046 [GRAPHIC] [TIFF OMITTED] T8591.047 [GRAPHIC] [TIFF OMITTED] T8591.048 Mr. Shays. Ms. Gottemoeller. STATEMENT OF ROSE GOTTEMOELLER, SENIOR ASSOCIATE, CARNEGIE ENDOWMENT FOR INTERNATIONAL PEACE Ms. Gottemoeller. Thank you very much, Mr. Chairman. I agree with what has already been said this morning regarding the threat from the former Soviet nuclear arsenals; that is, the threat that materials could escape into terrorist hands. I would like to concentrate in my 5 minutes this morning on steps I believe will be important to developing an international cooperative program with regard to this particular, very serious problem. But first of all, let me thank you very much and your subcommittee members for the opportunity to testify this morning. And I would also like to thank you, Mr. Chairman, for the leadership role that you have played in bringing the House and Senate together on this critical set of issues. I would also like to state my view that of all the countries of the world, the United States has taken this problem the most seriously. While I agree with Mr. Bunn that we haven't taken it seriously enough, nevertheless in the past 10 years we have spent $7.1 billion on trying to tackle this problem, and this is a significant investment and one that has not been matched by other countries in the world. So I believe at this point one of the important goals of U.S. policy should be to turn to partners around the world and ask them to put similar levels of resources into trying to tackle this particular problem. That is why I welcome very much the recent agreement at the G-8 summit in Kananaskis, Canada, wherein the other G-8 countries agreed to expend $10 billion on these problems in the next 10 years, to be matched, I would note, by $10 billion from the United States. This is an excellent investment in the national security of all countries around the world, the G-8 countries, of course, included. Greater international cooperation to enhance the physical protection of nuclear and radiological materials is the most important additional safeguard that I would recommend to preclude terrorist groups from acquiring nuclear weapons. We are already expanding the number of countries willing to invest budgetary resources in this effort through the G-8 initiative and other avenues, but now it is important to engage other countries in new regions with the primary goal of ensuring the protection of nuclear and radiological assets from terrorists. This goal, again, is in the national interest of every country, and where international cooperation benefits this goal, it should be embraced and expanded. We will have to work hard, however, to establish such cooperation with careful attention to legal and policy issues particularly surrounding the nonproliferation treaty and its accompanying regimes, but I think we also need to keep before us a keen awareness of the urgency of this threat. Recently I have enumerated certain principles that I believe will be important to achieving successful international cooperation to enhance nuclear security in the counterterrorism struggle; for example, projects I believe should be created that will match counterterrorism priorities. Just as an example, the United States and Russia have not particularly concentrated on lower-level nuclear waste or radioactive source materials in their material protection, control and accounting programs. We have always stressed nuclear weapons, usable material, as the highest priority, highly enriched uranium and plutonium. There is no question however, that radiological or dirty bombs are an attractive weapon for terrorism and have received much publicity as such. In this case, perhaps it is most important on an international basis to stress projects that would immediately address the particular problems that radiological weapons raise. These are primarily public panic and economic costs, including cleanup. In that case we would focus on--not so much on the protection of radiological sources, but on incident mitigation programs of various kinds. I have already stressed the need for international partnership, but I think we should look beyond simple diplomatic efforts to develop projects that incorporate new technologies and capabilities that are cooperatively developed. One idea, for example, would be to build a cooperative training program based on the U.S. radiological assistance program, which was developed as a result of the Three Mile Island accident, which would conduct onsite, real-time detection, survey, modeling and analyses activities using nonsensitive technologies. If one were able to develop an international team fielding such capabilities, I think it would be a real asset not only for individual countries, but, in the possible case where we had a future nuclear terrorism threat in a broad swath of the United States, may require more search assets than the United States has to throw at it. It would be good for any country facing such a threat to call on international resources in this kind of an emergency, much as foreign relief crews are brought to bear in large natural disasters such as earthquakes and forest fires. I stress that we should reinforce international arms control and nonproliferation regimes. I mentioned the Nonproliferation Treaty. In closing, I would like to stress that I think we need to go beyond a simple emphasis on nonproliferation and participate in its health and strengthening. I think we need to have ways of transforming adversaries that are participating in the nonproliferation policy and turn them into partners. I will give you a specific example of that. India and Pakistan have taken a combative stance with regard to the Nonproliferation Treaty, branding it a discriminatory document in international forums and resisting policies developed on its basis. In this context, the United States has often seen New Delhi or Islamabad as a kind of adversary in the nonproliferation policy. However, in the crisis that has emerged since September 11, when terrorists are threatening to use weapons of mass destruction against the United States and countries around the world, every country has an interest in ensuring such assets to not fall into terrorist hands. I therefore believe it is important to develop joint projects to reduce threats in a cooperative manner, as I have been discussing. And countries such as the United States, India and Pakistan have each amassed individual experience over the years in protecting nuclear material and radiological sources. Such an experience can be shared in a way that could benefit others. If the United States, together with India and separately with Pakistan, worked to share best practices on protection and control of nuclear assets, the United States would be taking the first steps toward transforming these countries from adversaries to partners in the nonproliferation arena. This is but one example, sir, of the way I think we need to be thinking about working. It is much different from the way we have worked with these countries in the past where we have, in fact, tended to keep them at arm's length with regard to the nonproliferation regimes, and they kept us at arm's length as well. So it is very difficult for us to engage now, but I think we need to think of imagining ways to accomplish this goal. In closing, one final word, I believe it will be important to make a case to the international community, for its cooperation is serious and wide-ranging. For that reason, I fully support the proposal that Senator Lugar has put forward to expand authorities for the cooperative reduction program so that up to $50 million of unobligated CTR funds may be used to reduce the threat of nuclear terrorism in other regions of the world. I think this will show our intent very strongly to the rest of the world community and will be another step in bringing together the world community on this important effort. Thank you very much. [The prepared statement of Ms. Gottemoeller follows:] [GRAPHIC] [TIFF OMITTED] T8591.049 [GRAPHIC] [TIFF OMITTED] T8591.050 [GRAPHIC] [TIFF OMITTED] T8591.051 [GRAPHIC] [TIFF OMITTED] T8591.052 [GRAPHIC] [TIFF OMITTED] T8591.053 [GRAPHIC] [TIFF OMITTED] T8591.054 [GRAPHIC] [TIFF OMITTED] T8591.055 [GRAPHIC] [TIFF OMITTED] T8591.056 [GRAPHIC] [TIFF OMITTED] T8591.057 Mr. Shays. Thank you very much. Mr. Paine. STATEMENT OF CHRISTOPHER PAINE, SENIOR RESEARCHER, NATURAL RESOURCES DEFENSE COUNCIL Mr. Paine. Thank you, Mr. Chairman. Unfortunately, the approach that's least likely to succeed from a technical perspective are the ones that are attracting all the attention and funding. Mr. Shays. Would you bring your mic down a little bit. Mr. Paine. Is that better? There's a great political head of steam behind nuclear risk reduction strategies that emphasize preemption, possibly involving even the preemptive use of U.S. nuclear weapons as called for in the nuclear posture review, and also options to increase border security. Not nearly enough attention has been paid, in our view, to reducing attendance of diversion-prone nuclear fuel cycles and to better controlling or better yet eliminating nuclear weapons materials at the source before they are produced, stolen or diverted. President Bush is proposing that we rely on preemptively destroying or disrupting known terrorist groups and networks and hostile outlawed regimes before they gain access to nuclear weapons or explosive materials. Its sole or primary reliance on this strategy suffers from several weaknesses. Even if the current effort to oust Saddam Hussein is successful, there is no guarantee of continuing success over the long term with other such cases. Success and preemption depends on timely knowledge of terrorist threats, which we should not be so foolish to believe we will always have. Surely we have learned or should have learned that much from September 11. Erroneous intelligence could lead to misdirected preemptive attacks, increased political hostilities and an increased risk of further terrorism. A focus on preemption does not hedge adequately against the risk of societal breakdown, such as nearly occurred in Russia in the early 1990's or a hostile regime change that could swiftly occur within an existing sovereign state, a nuclear weapons capable state, where a quick preventative war where like the one President Bush is proposing against Iraq is not a realistic policy option. For example, a sudden hostile regime change in Japan. We are not going to conduct a quick preemptive war against Japan. Heavy reliance on interdiction likewise, interdiction of illicit commerce and nuclear technology and materials to increase homeland security is also ill advised as a long-term strategy. Increased border inspections can foil unsophisticated smuggling efforts, but technically adept smugglers are not likely to be detected. Many international borders are essentially unguarded and likely to remain so. And as the volume and variety of international commerce continues to grow, it will be difficult to attain and sustain a high probability of intercepting technically competent nuclear smuggling, as we recently demonstrated in an experiment we conducted with ABC News. That experiment and its public safety implications are discussed in detail in an appendix to my prepared testimony. And I have an expert with me today, if the committee desires to question him, Dr. Matthew McKenzie, who is an expert on the consequences of a small terrorist explosion, the kind of consequences that could be inflicted upon a major city like New York. Mr. Chairman, too much uncertainty persists about the size and disposition of the former Soviet stockpile, and we're not doing enough to reduce that uncertainty. The Moscow Treaty, signed by President Bush and President Putin, does not require the elimination of a single nuclear warhead or nuclear warhead component I know for over the next 10 years in Russia or the United States. And it has no provisions, none, for identifying or controlling the number of nonstrategic nuclear weapons, including Russian tactical nuclear weapons. Regrettably, the administration has demonstrated that it is more interested in preserving a bloated U.S. nuclear weapons stockpile currently numbering some 10,000 in tac nuclear devices than in eliminating the proliferation and terrorist threats represent by Russian stock of strategic and non strategic nuclear weapons. Therefore, we believe that a much higher priority should be attached to seeking a bilateral agreement with Russia to verifiably account for total United States and Russian warheads and fissile material production, and to steadily eliminate all but a few hundred nuclear warheads in Russia and the United States. While there are no known Russian cases that resulted in the theft of large quantities of weapon-usable nuclear material, at least one incident involved the theft of three kilograms of highly enriched uranium. And that amount in the hands of highly skilled designers and fabricators could have produced a weapon with the yield in the range of a 100 tons to perhaps a kiloton of fission yield. Had the amounts involved in these separate episodes been combined into a single explosive device, the yield of the resulting device could have significantly exceeded 1 kiloton. I'd like to comment on this supposed nexus between Saddam Hussein and al Qaeda with respect to weapons of mass destruction, because I think there's some ambiguity and confusion in the administration's arguments. There's a history of antagonism between Islamic jihadists and the decadent secular Baathist regime. You will recall that Usama bin Laden originally got his start as a terrorist because the Saudi regime rejected his initiative to eject Saddam Hussein from Kuwait using jihadists from Afghanistan. Now, it seems that the only circumstance in which this sphered nexus might conceivably occur is the very one President Bush seems determined to create in which an egomaniacal dictator under siege thinks he has nothing to lose and seeks to wreak vengeance on those who are toppling him. This line of inquiry leads one to ponder the following contradictions: The Bush administration argues that the threat of Saddam's unprovoked nuclear or bioweapons aggression against the United States is sufficiently imminent to justify prompt military intervention, but not so imminent as to justify fears of a vengeful response by a terrorist network when his regime is on the verge of defeat. The only way the administration could seize upon the former risk while discounting the latter one is if it had detailed intelligence indicating that Saddam's regime does not yet have the capabilities or the terrorist nexus for WMD delivery, which it now claims are the proximate cause of our need for preemptive self-defense. In that case, there is time for an intrusive inspection regime to be put in place without an immediate invasion. In the alternative, the risk of retaliation via the weapons of mass destruction terrorist nexus could actually be higher than the administration is admitting publicly, in which case the Congress ought to look very carefully at the wisdom of giving the President a blank check to wage war against Saddam. I do not know where the truth actually lies between these two alternatives. But I'm not sure the administration does either. And I find that worrisome. Either Congress and the public have been subjected to a certain amount of disinformation regarding imminence of the Iraqi threat, or the administration is embarked on a bit of a gamble that could even badly for some innocent civilians in Israel, the United States or Western Europe. Mr. Chairman, current international safeguards are technically inadequate, and we go into some detail on why we have found that to be true at NRDC. We tried to get the IAEA to correct the significant quantity deficiency in 1995, that is the amount of material that the IAEA regards as a threshold amount in making a nuclear weapon. We were thwarted by the IAEA and the State Department, which claimed that using technically correct safeguard requirements would lead to an inefficient allocation of the financial resources available to the IAEA. In our view, a more logical response would be to request additional resources to make the safeguards technically credible. Interdiction is a tool, Mr. Chairman, it's not a solution. And I'd be happy to discuss with you the details of the ABC experiment. Mr. Shays. Thank you very much. Ms. Bryan. Ms. Bryan. Mr. Chairman and Mr. Kucinich. Mr. Shays. If you could move your mic closer to you. STATEMENT OF DANIELLE BRYAN, EXECUTIVE DIRECTOR, THE PROJECT ON GOVERNMENT OVERSIGHT Ms. Bryan. Thank you very much for inviting me to testify today. First, I want to commend you, Mr. Chairman, for requesting a GAO investigation of security as U.S. DOE nuclear weapons facilities and for holding this, the first open oversight hearing on nuclear security in several Congresses. The Project on Government Oversight, or POGO, has spent the last 18 months investigating the adequacy of security at U.S. nuclear weapons production facilities, national labs and transportation of weapons and special nuclear materials as well as most recently the security at U.S. nuclear power plants. POGO takes no position on nuclear power. In early 2001 POGO began its first investigation into nuclear security at the DOE after more than a dozen high level departmental security experts came forward with concerns regarding inadequate security at the Department of Energy's nuclear weapon facilities. Just prior to September 11 last year, POGO completed our investigation and concluded that the Nation's 10 nuclear weapon facilities which house nearly 1,000 tons of weapons grade plutonium and highly enriched uranium and the transportation system for weapons and nuclear materials, regularly failed to protect this material during mock terrorist attacks. The results of that investigation were issued in our report U.S. nuclear weapons complex security at risk. Because of our work on DOE nuclear weapons facilities, several current and former guards from commercial and nuclear power plants began contacting POGO with similar concerns about inadequate security at the Nation's nuclear power plants regulated by the Nuclear Regulatory Commission, or NRC. POGO then expanded our investigation and randomly contacted guards at additional facilities. We cross-checked our interviews with Army and Navy special forces and current and former N R C contractors and officials. In September 2002, we issued nuclear power plant security voices from inside the fences. According to the interviews conducted for that report, we found security guards at only one of four nuclear power plants--and there are 110 reactors across the country and 65 plants--are confident their plant could defeat a terrorist attack. The guards say morale is very low and they are underequipped, undermanned, undertrained, and underpaid, despite the ads many of you in Congress will have read that-- the full page ads the nuclear industry has placed showing guards with guns and looking very tough. I understand that this hearing is focused on the theft of special nuclear material or theft of a nuclear weapon. If a terrorist group were successful in stealing a U.S. nuclear weapon, it would be extraordinarily difficult to detonate it because of the codes and self-disabling devices designed to frustrate an unauthorized person from triggering a detonation. However, weapons grade material stolen from a DOE facility could be used by a terrorist group to either fabricate a crude nuclear weapon or create a dirty bomb. This is not as far- fetched as some might believe. In fact, in full scope, mock terrorist attack tests performed by the government half the time mock terrorists are successful in breaking in, stealing significant quantities of special nuclear material, and leaving the site. But theft requires that the terrorists get into a facility and get back out again with the material. What we have found in our investigations is that a suicidal terrorist wouldn't have to work that hard. Instead, a successful suicidal terrorist attack at several of our DOE weapons facilities could result in a sizable nuclear detonation at the facility itself. A terrorist group does not have to steal nuclear material, create a nuclear device, transport it to the United States and detonate it in a major city. They could simply gain access to the material at the U.S. nuclear facility, some of which are near large metropolitan areas, and tests have shown they can accomplish the same outcome. This type of homemade bomb is called an improvised nuclear device, or IND. Such a detonation can be created by using conventional explosives brought into the facility in a backpack and combined with particular kinds of special nuclear materials stored at these sites. This spring, Senator Biden held hearings on this matter at the Senate Foreign Relations Committee. In addition to the possibility of an IND, there are a number of DOE sites as well as commercial nuclear reactors where suicidal terrorists accomplish radiological sabotage. Again, the suicidal terrorists would only have to get into the facility, they don't have to get out. They would simply need to create an explosion that, while not a detonation, would disperse radiation over a wide and, in a number of cases, heavily populated area. Nuclear materials at DOE sites as well as many spent fuel poles at commercial nuclear plants are not stored inside hardened containment. As a result, populations cannot be even nominally protected from fallout caused by radiological sabotage. As you know, both the United States and Russia are awash in excess special nuclear materials. The United States has not only encouraged but has aided Russia in blending down their excess highly enriched uranium and have financed the construction of underground storage facilities, as I suspect you were just talking about, Chairman, in Russia, for excess nuclear materials. Yet I find it extraordinary that we do not abide by the same standards here at home. In this country, we have hundreds of tons of highly enriched uranium stored at Oak Ridge, Tennessee's Y 12 plant in decaying 50 year old buildings, some of which were wooden until recently. We have some of the best protected underground facilities in the world designed for storage of weapons or nuclear materials that are not being used. Currently, much of this excess weapons grade uranium in Tennessee, along with the excess plutonium pits housed Pantax, which is in Amarillo, Texas, are being stored for a war reserve. The ill-conceived plan is to transport these old nuclear weapons components across the country and marry them back together during a nuclear attack in the case that we've run out of our existing nuclear weapons. Over 50 tons of our plutonium have already been declared excess and could be immobilized, glassified and surrounded with a radiation shield so that it would be less attractive for theft. Instead of moving ahead with this plan, however, the United States has recently decided to bet on an unproven technology of turning this excess plutonium into reactor fuel called MOX, which will still result in the creation of yet more plutonium. POGO has recommended numerous specific improvements that should be made by both DOE and the Nuclear Regulatory Commission to significantly upgrade the security at U.S. nuclear facilities. In a broader sense, however, the most important improvement that should be made is to make domestic nuclear assets less available to terrorists. At DOE, this could be accomplished by consolidating weapons grade nuclear materials at fewer strategic underground facilities. Another basic improvement would be to shift the security posture from tactics that contain terrorists inside the facilities until outside help arrives an hour or more after the loss of the facility to denying their access in the first place. In the case of commercial nuclear reactors, currently the security guards are simply required to try to hold off terrorists and call for help from outside responders, which tests have shown will again take between 1 and 2 hours, even though the mock terrorist attacks have shown to be over in between 3 and 10 minutes. The NRC must upgrade its requirements of nuclear plants to expect the guards onsite to be capable of preventing the terrorists from getting into key facilities in the first place. In conclusion, it isn't a surprise to us, and I suspect perhaps not to members of this committee either that the officials at the agencies responsible for allowing this inadequate security posture refuse to face reality, and are, at times, even hostile to improving the situation. We welcome your oversight of these agencies. Nothing will improve without such congressional involvement. Thank you. Mr. Shays. Thank you very much. [The prepared statement of Ms. Bryan follows:] [GRAPHIC] [TIFF OMITTED] T8591.058 [GRAPHIC] [TIFF OMITTED] T8591.059 Mr. Shays. Dr. Baram. STATEMENT OF AMATZIA BARAM, PROFESSOR OF MIDDLE EAST HISTORY AND HEAD OF THE JEWISH-ARAB CENTER AND MIDDLE EAST INSTITUTE Mr. Baram. Mr. Chairman, members of the committee, I am honored. On December 3, 2001, Saddam Hussein met with a group of tribal chiefs from the southern part of Iraq. One of the panegyrics that one of the tribal chiefs read went like this. This was, by the way, in southern Iraqi colloquial to allow me to translate it into colloquial English. From inside America how five planes flew. Six thousand infidels died. Bin Laden did not do this. The luck of the President--in square brackets Saddam Hussein--did it. I am not a nuclear scientist nor am I an expert on proliferation, I'm a historian and political analyst. All I can offer you is my analysis of Saddam Hussein's intentions and vision. And you be the judge of whether this makes sense or not. I have been studying Saddam Hussein and his regime for the last 22 years, so I'll try to tell you at least what I think this means and other things. What did he mean by that? Of course, every poem was carefully vetted and supervised and authorized. You couldn't read such a poem on TV. It was not live, by the way, so it could be censured had there been a mistake. But in Iraq there are no such mistakes. Saddam Hussein meant three things. A, to show the Iraqi people that he takes revenge. He always takes revenge. So don't mess with me, I'm taking revenge of America, so certainly I'll do it when it comes to you. Be careful. B, to make it clear to the American people, administration as well, but the administration as well as people, I am behind the September 11 attack on America. C, not to admit that he is behind the September 11 attack, mainly to remain--to secure deniability. To prevent any possibility that his fingerprints will show. This way America will not have the legal right to attack him. But every single American will know that he is behind the attack on New York and Washington, DC. This he needs for the simple reason that he needs to demonstrate to you his nuisance value. As long as you don't lay off me, as long as you don't stop breathing down my neck, I am not going to lay off you. And indeed, a few days after the September 11 attack, the Iraqi media and the Iraqi luminaries promised that something worse will happen if America did not change its position, its political behavior, about a number of things but mainly about Iraq. It took the Iraqi regime 4 to 5 days to say for the first time we didn't do it. And then they did. But at the same time they congratulated those who did it. This, by the way, is a very well tried technique by Saddam Hussein in dealing with his domestic opponents. He perfected it to the level of an art. When he needs to execute somebody, he does it. He's not particularly bashful. But there are times when he thinks it would be better not to do it and admit that he did it or even declare that he did it, but rather to do it in a way which will reserve for him the essence of deniability. And this way he got a lot. In fact, sometimes his lieutenants, his intelligence or his domestic security people would kill somebody or would rape and then pretend--he would pretend he meet somebody who wanted to harm, then he meet with him, him, and say to him I heard that something terrible happened to your family; I'm really sorry about that. But the guy whom he would approach would suspect, would in fact know he did it. But Saddam would say, of course I am sorry about it and would never admit he has done it. This actually got him all the way to the presidency in Iraq. And he thinks it can work in the international arena as well. In summing, I'll say--of this part, I'll say either you lay off him completely, you just leave him alone, completely, lift the embargo, lift the oil embargo, lift the weapons embargo, completely leave him alone, and then you may--there is a chance he'll have some respite, some recession, some short period that he won't bother you at all. He'll have no reason to do that, except revenge; but again, revenge is not an absolute thing. Or if you decide that you need to keep the embargo on and even if you wish to, to have a more robust embargo, more robust weapons inspection, you have to expect the worst, and I mean the worst. Now, was he behind the September 11 attack on America? Of course I don't know. There are some indications he was in touch with al Qaeda, but this don't produce clear-cut evidence that he was behind it. But the need is to keep you informed that he can do you a lot of harm, and when it happens, not to admit it but to imply that he was behind it. Never to admit it. And never, ever to leave fingerprints. Can he provide an Islamist terrorist organization with weapons of mass destruction? I'll say this: First of all, many people in America believe that Saddam Hussein is a secular leader. Many people in America believe that Usama bin Laden and Saddam Hussein are at daggers drawn. Nothing could be more erroneous, nothing could be more erroneous. For your information, Saddam, since 1990, is a born-again Muslim. He's a very strange one. Because he drinks, his consuming alcohol, apparently in large quantities. But for all--for public consumption, he is a born-again Muslim. He prays five times a day, or so he says, or so he projects the image of, and so on and so on. Impose Islamic punishments in Iraq never to be seen in Iraq before like chopping off the right hand of a thief or anybody who is regarded as a thief and beheading this is, by the way not Islamic, beheading young women who are accused of being prostitutes. In most part they are not. It's political. But that's--again, that's not Islamic. But it all is presented as Islamic as return to Islam. About bin Laden, I advise to you read bin Laden's fatwah, rabbinical sacoloca, Yiddish, in the Jewish tradition. From February 1998 all I can say about it is--I have it, all I can say about it is it sounds like it was written in Baghdad. In Baghdad. Maybe personally by Saddam Hussein, not that it was, but it sounds exactly like it. So there is absolutely no reason why Saddam shouldn't trust al Qaeda with any weapons at all. Now the question is will he? The only answer that I can suggest is this: He will never provide--by the way Hizbollah and Assad, Hizbollah are fundamentlistic Islamic, Assad, Assad is really a secular present in Syria and they then cooperate rather effectively. So that's not a reason to say this can never happen. I'll just say that I don't believe Saddam will ever provide any organization outside Iraq with the technology to produce such weapons. I don't believe that. Because of the great fluidity of Islamic politics, you can never trust these people a year from now. But he can and he might provide them with weapons he himself will produce, provided again and that's to--yes, I'm summing up, provided again that his fingerprints don't show. He needs to keep you under constant fear that he can do you a lot of damage, so lay off me. That's all. Mr. Shays. Thank you very much. I, after listening to the very interesting presentations of all of you, I want to apologize for not putting you in two different panels. I think we probably should have done that. Because we have a real focus on Iraq, then we have a focus on proliferation and how we do that and both are very important issues. So I want to thank each of you for your patience. And we're going to get to 10- minute questions from each and I'm going to start with Mr. Kucinich. But when we try to talk about the intentions of Saddam, it's kind of like my, you know, wondering how do you prove that Hitler wants to go into Poland? I don't know how you get answers to some of these questions, but let's give it a try. Mr. Kucinich, you have the floor for 10 minutes and a little more if you need it. Mr. Kucinich. I want to thank the gentleman. To Dr. Hamza, I have a map of the region here, it's primarily Iraq and it's up on the screen. Can you tell this committee where Iraq's nuclear sites currently are located? Mr. Hamza. Actually that's Congressman that's not the point right now. The point is---- Mr. Kucinich. So you cannot tell where the sites are. Mr. Hamza. Nobody can actually. Mr. Kucinich. OK. Mr. Hamza. Because the sites are now mostly underground, according to al Hidari, who defected recently and built some of these sites. Mr. Kucinich. You say they're underground. Do you know where they are underground? Mr. Hamza. They are all over the country. They are within the civilian structure and government structure. Mr. Kucinich. So you're saying there are nuclear sites all over the country. Mr. Hamza. Yes. Mr. Kucinich. Underground. No one knows where they are. Mr. Hamza. Nobody knows. Some above ground, some underground, some civilian structure. That's why inspection is a problem right now. Mr. Kucinich. I'm certainly in agreement with the members of this committee who favor inspections, but I'm just trying to establish the witness says that there are nuclear sites, they're underground and no one knows where they are. So---- Mr. Hamza. Not necessarily underground. I said some may be underground. Some above ground. Mr. Kucinich. Do you know where the ones above ground are? Can you tell us? Mr. Hamza. They are no longer where they were. Nobody knows outside of Iraq right now exactly where the sites are located. They are spread, fragmented and hidden. That would be an easy job if somebody knows and can tell you right away you just go there. Mr. Kucinich. Well, linguistic construction is a marvelous science. When we say that there are sites above ground, that is a flat declarative sentence and it implies that we know where the sites are. Mr. Hamza. No, I said they could be. I said nobody knows. They could be above ground, they could be underground. A recent defector told us he built 20 underground. But that doesn't mean that these sites are all there is. So nobody knows. Mr. Kucinich. OK. They could be underground, they could be above ground, nobody knows. They could exist, they may not exist. Nobody knows. And that's why we're talking about inspections. Now, what's the--because as a Member of Congress my concern is that we have proof. Proof is proof. I think the Canadian Prime Minister said that in a couple of different languages. And so, I'm interested if the witness has any proof as to where they are underground, or where they are above ground, not that there may be weapons above ground or underground. Now, can you tell us, Dr. Hamza, what's the current status of the Iraqi nuclear weapons program, and in your answer, not only information about fissile material everyone speaks of, but also its tamper materials, electrical materials, explosive materials, arming systems and the equipment to process these into a weapon. Mr. Hamza. What you have in the nuclear program since already I said there is not single defector that came out of Iraq from the core of the program. That's goes for all weapons of mass destruction since 1995. So what you have now is what you had before the Gulf War. Circumstantial evidence. Purchase of equipment, some second or third tier defectors who tell us like the al Hidari, the civil engineer, lots of indicators including equipment purchases, intercepted purchases, activity of certain groups. So what we have is what have you always in a nuclear weapon. The Indian test in 1974 there was no proof and everybody was talking about circumstantial evidence. Mr. Shays. If the gentleman would suspend a section. Ms. Schakowsky may be able to get back in time, but I want you to look at her because she's contacting you through the committee, those of you to answer questions and we will respectfully request that you respond to her questions in writing. She may be back in time. OK. Thank you. I'm sorry to interrupt. The gentleman has the floor. Mr. Hamza. Now---- Mr. Kucinich. Let me ask you this: What kind of a weapon is Iraq trying to build? A Hiroshima bomb? Gun type uranium device? A Nagasaki bomb of plutonium? Implosion devices? Thermonuclear bomb? A radiological bomb? Or all of the above? Mr. Hamza. It's both nuclear and radiological. We already tested as it's been explained by the inspectors who already work there, Iraq tested a radiological bomb in 1988, but tested in a desert, not in a building or an environment. Mr. Kucinich. What year was that, sir? Mr. Hamza. 1988. Mr. Kucinich. Does it have that same facility now, does it have that same---- Mr. Hamza. No. No. It was one test, one major test and one small test, and the tests were non conclusive. I'm not saying it was an effective weapon at the time. It was tested in the desert. It was tested as a lower weapon of war and it proved to be not as effective as it should be. But as a weapon of terror, it's another story. Now as for nuclear weapons, Iraq inspectors found that out also, they had documents and everything was just revealed you don't just have to take just my word for it. Iraq was working and is working, I believe, on making an implosion device of the Hiroshima type or size. Mr. Kucinich. When was that? Mr. Hamza. It was when I was there and it continued, I believe. Mr. Kucinich. Did you work on that? Mr. Hamza. Yes, I worked on the design. Mr. Kucinich. When were you there? Mr. Hamza. Yes. Mr. Kucinich. When? Mr. Hamza. I was until 1994. Mr. Kucinich. You were working on that in 1994. When is the last time you were working on that? Mr. Hamza. I worked on it last time before the Gulf War. But I believe, according to the people, I also saw work continued until 1994. Mr. Kucinich. Was this a facility that inspectors later on saw? Mr. Hamza. Yes. It is in a field facility. Inspectors were there. They destroyed the facility and destroyed some of the equipment. They had what's called to them was declared to be a smoking gun, which was a design, a workable design for a nuclear weapon. And so the knowledge base is there, the research done is more or less complete. What is needed is just the fissile material. Mr. Kucinich. To your knowledge were there ever any U.S. companies that provided Iraq with materials or with equipment that was used in any nuclear weapons? Mr. Hamza. There were attempts, no, not major pieces of equipment. Mr. Kucinich. Anything. Bellows, for example? Mr. Hamza. I don't know of any that the United States itself, but the Germans did supply us with some of the equipment we used to test and develop the nuclear weapon. Mr. Kucinich. What was provided? Mr. Hamza. By the United States? Mr. Kucinich. By the German Government, you're saying. Mr. Hamza. By German, other sources we had Japanese sources, we had cameras that---- Mr. Kucinich. When was that? Mr. Hamza. That was in 1989, 1989, 1990. Mr. Kucinich. That was a time that--you know, Mr. Chairman I'll be presenting some documents to this committee that will show that according to information provided through---- Mr. Hamza. I was not here. I don't know. Mr. Kucinich [continuing]. State Department that the U.S. companies involved in sending over certain materials to Iraq to assist them in the development of this program. Now we know they were destroyed. And I would take it, based on your testimony, that you're willing to agree that even the programs that you worked on were destroyed. Nevertheless, I think it's valuable to have you here to talk about what it was like before they were destroyed. The only other thing I want to do, Mr. Chairman, is to, just for the purposes when we began this, I have some of Mr. Hamza's statements that are verbatim transcripts of CNN October 22, 2001, that establish his position on some of these issues that have come up here. I want to tell Mr. Hamza I'm glad you came before this committee, but at the same time, I think it's very important that none of your experiences, which is valid, it's your experience, be interpreted by the media today as being proof of the current existence in Iraq of usable weapons of mass destruction of the ability to deliver those weapons, you know. That's my concern. I'm not going to discount your proof when you worked for Iraq's weapons program. I'm sure that what you know about that program is marvelous. But I'm equally sure, based on the intelligence that I've heard from my country's Intelligence Agency, the Central Intelligence Agency, that Iraq does not currently have usable weapons of mass destruction. And that's what I have to go on. So while I appreciate---- Mr. Hamza. You mean nuclear or otherwise? Mr. Kucinich. Dr. Hamza, please. I'm saying that I'm taking my position based on information I received from my Central Intelligence Agency. So, thank you for being here. And I'm going to ask the Chair if he would be so kind as to include in the record these statements from CNN, as well as an article where we always have to be cautious in these hearings about information that's brought forward in a climate which is potentially inflammatory. And because a few years ago Congress was presented with information about the Iraqi government being involved in troops storming hospitals, stealing incubators and leaving babies to die on the floor. It turned out that incident which was brought to inflame the American public was not true. I'd like to submit that into the record too. These hearings are always very interesting. I want to thank the Chair. Mr. Shays. Thank the gentleman. Mr. Tierney. Mr. Tierney. I'll follow you. Mr. Shays. OK. I'm going to make a statement. I want to know if any of you disagree with it. We know that Saddam Hussein had a chemical, biological and nuclear program before the Gulf War. Anybody disagree with that? We know he had one, a chemical biological and nuclear program after the war. Do any of you disagree with that? And we know that he kicked out inspectors when we started to destroy his programs of chemical, biological and nuclear program. Do any of you disagree with that? Should the burden of proof be put on the individuals who believe that he doesn't have a program to say that he--after he kicked us out he stopped the chemical, biological programs or should the burden of proof be put on individuals to say that he continued it? I'd like to ask each of you where you fall down on that one. I'm going to go right down the row. Dr. Hamza. Mr. Hamza. Actually in that circumstantial evidence case of this type, where a country has had a long history a proven history of working in this area, the only way really to be on the safe side is for Iraq to admit and allow full access to its various areas of research. Mr. Shays. Let me just repeat the question again. None of you disagreed with my statement that he had a chemical biological nuclear program before the war, that he had one after the war, and that he kicked us out when we started--the inspectors out when we started to dismantle his chemical, biological and nuclear program. The question I have, and I want to ask each of you, and it's not a long answer, do you believe the burden of proof should be on those to prove that he is still continuing the program or should the burden of proof be on those to prove that he has stopped these programs? Mr. Hamza. I believe those who believe he has stopped. Mr. Shays. OK. Mr. Bunn. Mr. Bunn. It seems clear to me that he has continued those programs. I'd be amazed if, for some reason, he had stopped and I would be surprised if anybody would succeed in proving that he had stopped after the inspectors had left. Mr. Shays. Dr. Lee. Mr. Lee. I have to give a kind of ambiguous answer but I think that there are--it certainly is very difficult to prove a negative. On the other hand, I think that full deployment mobilization of our intelligence capabilities including inspectors can certainly come to some appropriate answers, they can give us grounds for making decisions. Mr. Shays. I'm going to come back to you. Ms. Gottemoeller. I was about--Mr. Chairman, I was about also to say, as Dr. Lee just did, that it's well near impossible to prove a negative. I do believe that it is possible through the idea of a coercive inspection regime to not only make some significant determinations about what is currently in place in Iraq with regard to weapons of mass destruction programs, but also to proceed in the direction of disarmament, of disarming those programs. I think we have been overly focused on inspections per se, but it's inspection moving toward disarmament that we need to concentrate on. Mr. Shays. Mr. Paine. Mr. Paine. My view, and I think NRDC's view, the burden of proof is squarely on the shoulders of the Iraqi government to comply with the U.N. resolutions including intrusive, very intrusive inspections until the Security Council is satisfied, not until the Iraqi government is satisfied that it has demonstrated its bona fides, but until the international community is---- Mr. Shays. You gave an answer you wanted to give and I appreciate it, but I do want to ask where the burden of proof lie with those if he had it before, he had it after, and he kicked us out while we destroyed it, where does the burden lie? Does the burden lie with the American government to prove that he has continued this program, or does the burden of proof lie with those to demonstrate that he has stopped doing these weapons of mass destruction? Mr. Paine. Who should demonstrate that he has stopped? Mr. Shays. The American government. Should the people who oppose intervention have to demonstrate that he has stopped the program? Where does the burden of proof lie here? Mr. Paine. I guess I'm having trouble answering the question because I think there is a third option, which is to be agnostic on that question and to leave the result of that determination to a thorough going international inspection. My answer to the question is I don't know and the burden of proof is on Hussein regime to comply with the international inspections. That's the best I can do. Mr. Shays. All right. I can't tell you how to answer a question. Ms. Bryan. Mr. Chairman, I feel the question is outside the scope of our work and I don't feel qualified to answer it. Mr. Shays. OK. You have some very fine expertise but I understand your response. Dr. Baram. Mr. Baram. Saddam stopped inspection for a reason. According to the Security Council resolutions, the burden of the proof is on Iraq that it no longer has weapons of mass destruction. I would stick with that. Mr. Shays. OK. Do you believe, Dr. Lee, that he has continued his programs? Mr. Lee. Congressman, I really don't have a requisite body or access to intelligence information to allow me to---- Mr. Shays. And you need intelligence to be able to answer that question? Mr. Lee. Well, I would certainly hope that having absorbed the lessons of September 11 and these horrendous catastrophic experiences that we are beginning to understand again the importance of intelligence as a tool for anticipating threats against the United States, including threats from---- Mr. Shays. I would totally agree with that. I don't how that quite fits into the question whether you believe he has it or not. If you choose not to answer it, that's another issue. Do you believe he has weapons of chemical biological nuclear program? Mr. Lee. I'm afraid I have to come down as an agnostic on this issue. Mr. Shays. You have no belief. You're totally neutral on the issue of whether you think he has it or not? Mr. Lee. Congressman, I don't feel that I have the requisite information to make even a judgment on this. Mr. Shays. Ms. Gottemoeller. Ms. Gottemoeller. Sir, I have read the various open literature that's out there, including the International Institute for Strategic Studies dossier that you referred to in your opening remarks. On the basis of what I have seen from very knowledgeable people, including the inspectors who have been working in Iraq over the years, I do believe that there is an ongoing active program, particularly in the arena of chemical and biological weapons, where we know that we did not proceed to the point of essentially dismantling those programs. In the case of nuclear weapons, I think we were very close to actually shutting down that program, certainly we had disrupted it at the time that the inspectors were thrown out. But nevertheless, I would believe that after inspectors were thrown out, every attempt would have been made by the regime to restart that nuclear weapons program as well. Mr. Shays. Thank you. Mr. Paine. Mr. Paine. Sir? Mr. Shays. Do you believe that he has continued chemical, biological and nuclear programs? Mr. Paine. From open source literature, yes. From what I read in open sources, there's obviously some continuing efforts going on in Iraq. But when you say continue--if the question is asked with the view on the basis of that information should then the United States launch preemptive attack---- Mr. Shays. We'll get to it. Let me just say we're going to have lots of passes here. Mr. Paine. Yes, certainly what's available in all the media and open source would lead a disinterested observer to conclude that he has continued these programs. Mr. Shays. Dr. Lee, is there anything, any reason why you would think he would have stopped if he had a program before the war and after the war, and he kicked us out as we started to destroy his programs, is there anything that leads you to believe that he would have logically stopped? Mr. Lee. Well, I think that the disincentive for him to having continued weapons of mass destruction programs is the fear of being caught, of being found out, and the consequent risk of international retaliation of some kind, including the kind of retaliation that is being contemplated apparently---- Mr. Shays. Do you think that was logical before September 11? Do you think he had any big fear before September 11? This is a country that doesn't respond when our soldiers were bombed in Germany. We didn't respond to the Hizbollah and Syria and Iraq and Iran when they mutilated 300 Marines. We didn't respond when our soldiers were blown up twice in Saudi Arabia. We didn't respond really in any effective way when our embassies were blown up, and we didn't respond when the Cole was hit. Why would he fear for a minute that the United States is going to respond? What logic tells you that? Mr. Lee. Well, I think that he would simply have to evaluate the behavior of each administration and try to assess the determination, resolve of the United States to, in fact, take action to try to stop his weapons of mass destruction program. Mr. Shays. Let me just say to you, I'm just trying to get to a point where we can have that debate. If we can get beyond the issue of he had it before, he had it after, and he kicked us out while we were destroying it and I think pretty much we can, then it doesn't mean that we should go into Iraq, but it does mean that it would be interesting to know the intentions. I think it's fair, for instance, to ask would he logically give it to terrorists? And you know, then, Dr. Baram, I'd be turning more to you to have you sort that out for me. I think it's logical to then say is it easy to get, if we do believe as I think most do, Dr. Hamza, that he has the weapon, he just doesn't have the material for the fuel in a sense, then we get in a logical discussion on how easy is it going to be for him to get it. So, you know, these are the things I logically want to isolate. But there's no doubt in my mind he had it before, he had it after and he kicked us out when we started to destroy it. So I make a very easy assumption he's continuing the program. That part I get to. Now I have some really other hurdles to get by to know if we should go into Iraq, but I'm pretty along the way there. Mr. Tierney. Mr. Tierney. Thank you. Mr. Shays. I'm sorry. Mr. Tierney. I'm going to take you in a different direction---- Mr. Shays. Let me just say, Dr. Baram, you made a request that you be excused. Can you make--do you have like 5 minutes in case---- Mr. Baram. Yeah, sure, 5 minutes. Mr. Tierney. I'm fine. Mr. Shays. Thank you very much. You're going to be giving a lecture. I appreciate you being here. Mr. Baram. Can I just answer your question briefly? Mr. Shays. Umm, well I did ask---- Mr. Baram. This is the same question you addressed to others. Mr. Shays. Yes, you may. You may do that. Mr. Baram. First of all, I'm sure most people or everybody here read Scott Ritter's book which he wrote after he already resigned from his position. Even though his views today on Iraq has nothing, have a look at his book, there is a very frightening list of things which he and inspectors believed Iraq still had when they left in 1997, 1998. So yes, he still has those things. Further, even more importantly, I think Saddam is assembling his nuclear scientists once every 3 or 4 weeks in front of the TV. And he's telling them--by the way, he has never dispersed them. They were always together since 1990, about 18,000 people led by some scientists. Mr. Shays. How many thousand? Mr. Baram. 18,000, one-eight. 18,000 people are still assembled in one place you might call it. He has never dispersed them. Nuclear. Not just scientists of course, technicians and engineers and---- Mr. Shays. Let me just say if you answer this question, my colleagues want to keep you here to pursue this, you're not leaving. So whatever you say you need to be able--they need to be able to respond to you. So if you want to down a route just know they may have questions to ask you. Mr. Baram. Well, I don't know what to do. I'll just say one thing. I can show TV footage in which he's addressing his nuclear scientists and he's telling them to defend the Nation. Now, that's a military option and not nuclear science for its own. So what I'm saying he is he's trying to impress with the fact that he is developing nuclear weapons in order to deter you from---- Mr. Shays. Let me just see if there's a followup before you're allowed to leave. Mr. Kucinich. I ask unanimous consent to read a paragraph from an article in the---- Mr. Shays. Sure. You have the floor. Mr. Kucinich. With Mr. Tierney's permission. This is from the September 18, 2002 Independent from the United Kingdom, an article by Robert Fisk. You mentioned Scott Ritter. He says Major Scott Ritter, Iraq's nemesis turned savior was indeed as an inspector regularly traveling to Tel Aviv to consult Israeli intelligence. Then Saddam accused the U.N. inspectors of working for the CIA. And he was right. The United States, it emerged, was using the U.N.'s Baghdad offices to bug Iraq's government communications. And once the inspectors were withdrawn in 1998 and the United States and Britain launched operation Desert Fox, it turned out that virtually every one of the bombing targets had been visited by U.N. inspectors over the previous 6 months. Far from being an inspector at the U.N. labs though, they didn't all know it had been acting as forward air controllers drawing up an American hit list rather than monitoring compliance with U.N. resolutions. I want to just read that into the record because while I'm for inspections, sometimes inspections get curiouser and curiouser. Mr. Shays. OK. Thank you. Appreciate you being here. Mr. Tierney, you have the time. Mr. Tierney. Just want to followup for a second. There's a number of different areas that I'd like to touch upon. But following for a second this question of whether or not Iraq has weapons of mass destruction, I'm assuming that nobody disagrees with the prospect that, you know, the international community is the one that put resolutions in place calling for the inspections and that it would be wise for the international community to enforce those resolutions to in fact continue the inspections. Is there anybody that disagrees with that? And I would suspect--seeing nobody does, I would suspect that's the best way we're going to find out to what extent he may still have any of those programs going and what our concerns are. But whether it's Iraq or Iran or some terrorist group, Mr. Paine, Ms. Gottemoeller, anybody else who may want to comment, what are the countries most likely to be in line to give materials or to provide materials that could be used for nuclear weapons of any nature to any terrorist group or in Iran or Libya or Syria or anybody else? Mr. Paine. Well, Rose can comment further, but the country of greatest concern in the last decade has been Russia. And it's not that the government itself would give, would give openly or clandestinely the materials that it would be stolen or sneaked out of Russia in some form. So there's a kind of defusion or leakage that we're concerned about from Russia that may have already occurred. This material may be floating around on the black market, and at some point it may wind up in Baghdad. That is sort of the general concern, that there is a global black market in nuclear materials. Mr. Tierney. That would be wherever it's going to end up. What I'm trying to do is focus on where the starting point would be for any materials that could end up eventually causing harm. You're telling me the primary source would be Russia? Mr. Paine. At this time, we believe it to be Russia, but I want to emphasize that the weaknesses of the international safeguard system are such that material could be taken from research reactors, highly enriched uranium fuel. It could be-- -- Mr. Tierney. Where would we find those? Mr. Paine. All over the world sir. There are many countries put there at behest of the detente--atoms for peace program in some cases. And there are other bulk handling facilities that process plutonium for fuel in reactors. It's very difficult to safeguard those against continuing small losses that could amount to very significant quantities of material taken over a period of time. And so, that's a weakness in the international safeguard system that we're concerned about and that is an inherent problem with bulk handling facilities that handle nuclear explosive materials, like highly enriched uranium or plutonium. Mr. Tierney. Thank you. Thank you. I will ask Ms. Gottemoeller. Ms. Gottemoeller. If I may add to what Mr. Paine has said, I think we have two problems to confront here, Congressman. First of all, we have what was produced for the Soviet weapons program, which was a massive amount of material. We believe that approximately 1,500 metric tons of highly enriched uranium were produced for the Soviet weapons program and approximately 150 metric tons of plutonium. And so there is an enormous amount of material in the Russian Federation, that is where we worry about the Russian Federation, compared to any other country in the world. Only the United States came anywhere close to producing that amount of weapons-usable material. And all security melted down in the breakup of the Soviet Union in 1992. So that is why we worry about the Russian Federation and the other states in that region. Second, however, around the world there are spread a very large number of facilities. Mr. Paine made reference to the Atoms for Peace program wherein highly enriched uranium went to research reactors in Africa and other continents. But the Russians have their own version of that program, the Soviets, and there are Soviet-built research reactors also spread around Eastern Europe particularly, as well as other states of the former Soviet Union. So it is a problem also of small amounts of material being spread in a very large number of countries, some of which are very ill protected. Mr. Lee. Congressman, I just wanted to mention, there are a lot of fissile materials stored outside of weapons in the Soviet Union, something like 600 tons, according to estimates by the Energy Department. And also, it is believed that terrorists are interested in buying nuclear material possibly to make a weapon, and maybe within the nuclear complex of Russia and other states there are disenchanted, underemployed scientists who might be willing to sell this material. But the problem for terrorists is gaining access to these facilities. This is a problem that is a formidable challenge for any pariah terrorist group of the likes of al Qaeda, not to mention Hezbollah, Hamas, any other group. They are the ultimate outsiders. They are not going to be invited to visit these nuclear facilities. Delegations of al Qaeda, Hamas don't tour the former Soviet Union. So it is really a question of whether you are going to see the potential sellers and the potential buyers ever being able to make this critical connection. Mr. Tierney. So you are saying it is not as immediate a problem as Mr. Paine and Ms. Gottemoeller seem to think it is. Mr. Lee. I don't think it is a clear and present danger, no. Mr. Bunn. Let me go back in the opposite direction for you. First of all, it is important for the committee to understand that today there are no global binding standards for how well nuclear material should be secured. This is left up to the individual decisions of every country. And yet nuclear material anywhere that's insecure is a threat to us, and so we need to be working as quickly as we can to make sure that the least secure material in the world is brought up to some kind of reasonable standards. And a lot of this material is very insecure. I agree with Dr. Lee that it is going to be hard for al Qaeda to be wandering aimlessly around in the former Soviet Union without being detected, but that is not necessarily the way they would have to get their material. There are many facilities around the world that would be trivially easy for a terrorist group to simply attack without making connections with insiders or what have you. Or there is--an option is if an insider has succeeded in stealing material, which is most of what we've seen in cases--in the real cases in the former Soviet Union so far, he might be organized enough to figure out how to make contact with a real buyer. Most of what we have seen has not been organized crime, but what I like to call comically disorganized crime, people who have no clue how to make contact with a buyer. But we shouldn't rest our national security on the notion that will be true forever. Mr. Tierney. Given those comments, whatever happens in Iraq, those situations will still exist. There are still people out there that we feel are going to be interested in getting those materials to be at least prepared to do bad things, whether they will use it for leverage or for their own security or whether to go after other people. So we have two areas. We have one where it is the weapons- grade material in the Soviet Union, and we have to have a strategy or plan of what we are going to do to diminish that availability; am I right? And we have some programs in effect; we are not funding them appropriately. We probably need to expand them. In what ways would each of you move toward putting that problem back in the box, that aspect of the weapons-grade material in the Soviet Union? Ms. Gottemoeller. Mr. Tierney, if I may, I will perhaps begin. I think, frankly, we have the right suite of programs now, enhancing the physical protection of weapons-usable material on warheads, I believe. Those are particularly valuable and important programs. We need to be emphasizing accelerating completion of those programs. And Mr. Bunn made reference to this as well: That will require additional funding. But I believe that we really do have our priorities right in many ways, but the funding has been inadequate. I think the G-8 initiative, 10 plus 10 over 10, where G-8 countries will be spending $1 billion a year and the United States will be spending $1 billion a year, those are the right kinds of numbers. I think we can expend those resources in a very valuable way in accelerating the protection of nuclear material. If I may just make one further point on Dr. Lee's comments. My experience working inside the government in both the White House and the Department of Energy in the previous administration leads me to comment that we did, in fact, make several decisions about programs based on our knowledge at the time that there were individuals of concern operating in the area of Kazakhstan, for example. You may remember the so-called Project Sapphire from 1994 when we removed highly enriched uranium from Ust-Kamenogorsk in Kazakhstan and brought it to the United Stated for eventual blend-down and sale as reactor material. Our urgency in carrying through that project was partially based on the fact that we understood there were operatives in the area that were interested in that material, and this is all part of the public record. Certainly the media at the time made much of this fact. Thank you. Mr. Bunn. Can I jump in on the answer to that question? Mr. Tierney. Apparent you can. I have more time. Mr. Bunn. Certainly resources are important. At the moment our efforts to secure nuclear warheads and materials are not primarily resource-constrained. They are primarily policy- and leadership-constrained. As I mentioned, we need a single leader for the efforts to keep weapons of mass destruction out of the hands of terrorists. We need an integrated plan. And in Russia in particular we need a more partnership-based approach. We have over and over again designed our programs in Washington for securing Russia's nuclear materials without asking the Russians how they wanted it done. If we are going to get it done quickly in a way that it will stay done, that will get the Russian buy-in that is so crucial for sustaining security for the long haul, we need to work in a more partnership-based approach, and that is described in my testimony. If you look at the warhead situation, there is, to my mind, a scandal in that there is today equipment that was purchased by the Department of Defense 5 years ago for fixing urgent security vulnerabilities at Russian nuclear warhead storage sites that is sitting in warehouses uninstalled because disagreements between the U.S. Department of Defense and the Russian Ministry of Defense over exactly how much access the United States would be granted at these sites has been allowed to drag on and on. Then when that disagreement was finally resolved this past spring, the Bush administration decided not to certify Russia's compliance with the non-Lugar conditions and put additional months of delay in the path of getting these warheads secured. That is the kind of thing, in my judgment, that wouldn't happen if we had a Tom Ridge-like figure pushing these things forward every day. And finally, I should emphasize again it is not just a former Soviet Union problem. These kinds of stockpiles exist all over the world, and that is why it is so crucial that the language in the defense authorization bill on the Senate side authorizing the expenditure of funds to address security vulnerabilities that may be outside the former Soviet Union be approved by the conferees. Mr. Tierney. I guess that is the second part. The first part I was focusing on were the problems in the Soviet Union and what programs we have in place, and I think you made a good point, and we need some leadership. And I would expand on the Tom Ridge-like thing. I would give more authority than Mr. Ridge seems to be getting. He is a marvelous man, but I wish that he had been given a little more authority and been able to do a lot more. You need somebody with the leadership and the assignment to focus on that and then the resources to utilize what we have in place there. The next step, of course, is to look at those other non- former Soviet Union and Russian problems where it might originate, where it might be the source of this. Mr. Bunn, I think we need to talk about the need for an international agreement, something unfortunately this administration seems abhorrent of. We would need international cooperation to try and raise the bar and establish the standards that we will tie into, and what would that look like. You all might want to comment on that. Mr. Bunn. For years I have been advocating an amendment to the physical protection convention to create stringent standards for security of nuclear material. I have given up. The negotiations on that amendment are under way, and it will be an amendment that will have a very modest step forward. What we need instead is to focus on political commitments at the highest levels, and I think that we can build on the President's success at the G-8 summit in June in establishing this global partnership against the spread of materials and weapons of mass destruction to build a system in which each of the participants in that partnership agree to secure their own materials to high standards, and then to provide assistance to any other state that is willing to commit politically to those same standards. I think that is much more promising than formal treaty negotiations in this particular area. I would say, though, that one of the concerns that I have is borne out by this hearing today, and that is that when a momentous decision like whether to go to war is under way, it tends to drive out the leadership time and attention available for other matters. Mr. Tierney. It also drives out some of the press, I notice. If you look at the broader problem, it will be deeper over time. Mr. Bunn. Indeed. To build the kind of fast-paced program to secure these nuclear materials around the world is going to take a lot of high-level political heavy lifting, and I am very concerned that if we are spending the next couple of years focused on war with Iraq, that kind of leadership attention is not going to be available. Mr. Paine. The first rule is do no harm in your own home. This administration is pushing some misguided programs that are actually increasing the risk of nuclear terrorism, and I would like to just point those out. Sometimes the right hand does not know what the left hand is doing. Incredibly Vice President Cheney's Energy Task Force sought to encourage plutonium research and use, for example, by promoting an advanced form of reprocessing of spent fuel in the development of advanced plutonium breeder reactors. The Department of Energy right now is encouraging joint research with MINATOM, that is the Russian nuclear energy agency, on advanced nuclear fuel cycles and breeder reactor concepts that are based on reprocessing nuclear spent fuel and extracting the plutonium and fabricating fresh plutonium fuel. These programs are likely to encourage nonweapon states to develop similar research efforts, including the development and operation of nuclear hot cells and nuclear fuel processing facilities, and the training of cadres of experts in plutonium metallurgy. Even closer to home, the House energy bill, H.R. 4, section 515, seeks to establish a new Office of Spent Nuclear Fuel Research. That sounds innocuous, but then you look at what the provision says. The provision would require DOE to conduct research on advanced processing and separations, that is plutonium separations, and the recycling and disposal of spent nuclear and high-level radioactive waste, including the participation of international collaborators in research efforts, and even requiring them to provide funding, and I am quoting now, provide funding to a collaborator that brings unique capabilities not available in the United States, if the country in which the collaborator is located is unable to provide for their support. Mr. Tierney. Let me push that into English for you. You are telling me that in the administration's H.R. 4, a bill that went through the House, there is a provision---- Mr. Paine. They are pushing international plutonium research. Mr. Tierney. So essentially any other country that would set up a similar statute or similar rule to abide by in their own country could say that they were doing this on an innocent basis, and they have nothing to do with weapons, and they are doing the same kind of research the United States is doing. Mr. Paine. Yes. The dilemma is we have established since the Atoms for Peace program a tolerance for programs in other countries, not the United States. Historically since the Ford administration, this country has rejected the commercial use of plutonium in our nuclear energy system, and we used to actively discourage that use in other countries. Over the years that policy of actively discouraging other nations has eroded, and now we find the Bush administration basically getting back on board the old Atomic Energy Commission agenda of separating plutonium and recycling it as the ideal form of nuclear energy. And they have just put out a huge report on what they call their Generation 4 Road Map for the Future of the Nuclear Fuel Cycle, which includes collaborative research with foreign countries and collaborative deployment, in essence, of plutonium breeder reactors. Mr. Tierney. So on the one hand we are trying to put it back in the box, and on the other hand we are letting it out. Mr. Paine. The international safeguard system is not equipped to deal with these facilities that currently operate in this area. If anything, the current safeguards, as we show in our prepared testimony, need to be upgraded. The quantities that are safeguarded need to be smaller. We are recommending an eightfold reduction in the significant quantity because these small diverted quantities can be combined into a weapon. Mr. Shays. I would like to pursue in my next round some of the questions Mr. Tierney had, but I want to go in some kind of progression here. I think it is clear we had it before the Gulf War, and we had it after. And when the inspectors were kicked out, I think it is very clear he continued. I am willing to make that assumption without much concern that I have to demonstrate it because I think logic just dictates it. But I want it then go, Dr. Hamza, you were involved in the nuclear program until when? Mr. Hamza. I was involved in capacity until 1990; after that in training and consultancy up to 1994. Mr. Shays. So you weren't running the program in 1994 when you---- Mr. Hamza. No. I was a consultant to the program. Mr. Shays. Did you get fired? Were you not doing a good job? Mr. Hamza. No. It is part of--1990 is part of reconfiguration that more or less toned down the work into a smaller unit, and the major figures in the program were sent somewhere else. In case the inspectors found out, they will be shown they were teaching or doing something else. Mr. Burton. This was after the war. Mr. Hamza. Yes, this is after the war. Mr. Shays. And that is obviously when the inspections start. Mr. Hamza. Keep us out of the way of the inspectors. Mr. Shays. It is your statement under oath that you believe he basically just needs the nuclear, the highly enriched uranium or plutonium in that core, and then he has a weapon? Is that your---- Mr. Hamza. Yes. That is the inspectors' concerns also by the way. Mr. Shays. That is basically a 6-month timetable, in other words, from getting that plutonium or highly enriched uranium. Mr. Hamza. That is the International Institute of Strategic Research concerns also and the inspectors' concerns also, not just mine. Mr. Shays. So the real issue, then, is how do you get that fuel? Mr. Hamza. Yes. Mr. Shays. I say the nuclear core. When we talk grams, kilograms, a gram is the size of a what, a pill? Mr. Hamza. No. Mr. Shays. A kilogram would be the size of a brick. Mr. Hamza. No, very small. Uranium is one of the heaviest materials. Mr. Shays. Would--the kilogram would be the size of a switch? Mr. Hamza. Probably a kilogram would be less than half of one-third of this cup here. Mr. Bunn. Enough HEU for a bomb is more or less the size of a softball if it is in the metal form, and it is the kind of bomb that Dr. Hamza was working on designing, an implosion bomb. Mr. Shays. Mr. Bunn, it is highly radioactive? Mr. Bunn. One of the dirty little secrets is it is not very radioactive. If you sprinkled highly enriched uranium on your corn flakes and ate it in the morning, your main problem would be the heavy metal toxicity more than the radioactive toxicity. And you can put highly enriched uranium in your pocket and walk off with it and not have a serious problem. It is unfortunate that this material while radioactive is not radioactive enough to make it hard to steal, to make it hard to work with, or to make it hard to smuggle into our country. Mr. Shays. So it does not have to be encased in this incredibly large container? Mr. Bunn. No. Mr. Shays. Does anyone disagree with that? Mr. Hamza. The Chinese machined it by hand, it is so low in radioactivity. The earlier Chinese nuclear weapon program, they machined it by hand to the shape required. Mr. Shays. Obviously the bomb itself, some bombs could take this softball-size plutonium or highly enriched uranium and create one type of size explosion, and others could create another size. In other words, can the same material create different sizes of explosion based on the sophistication of the weapon? Mr. Bunn. Yes. It depends in particular on the speed of the explosives and the symmetry of the explosive. Mr. Shays. Tell me how many softballs we have out in the world rather than telling me how many tons. Mr. Bunn. There is enough nuclear material in the world for almost a quarter million nuclear weapons. Mr. Shays. So we are basically saying a quarter of a million softballs are out there. Mr. Bunn. Correct. Mr. Shays. Would you speak to what Ms. Bryan spoke about--I think you did--we know we have been able to get into our facilities. Getting out is another question. But as Ms. Bryan points out, getting in is nine-tenths of the story. It can be 100 percent of the story. I have never known that you could actually create a nuclear explosion in a plant with nuclear weapon-grade material. And maybe I did not hear Ms. Bryan right, and maybe I should come back. Ms. Bryan. You heard me right. Mr. Shays. Would that be a dirty bomb, or would it actually be an explosion? Ms. Bryan. No, it would actually be a nuclear detonation. I don't mean to step on Mr. Bunn. I actually, just in case you asked, brought the writing of Louis Alvarez, who is a Nobel Prize-winning physicist who wrote specifically about this question. With modern weapon-grade uranium, the background neutron rate is so low that terrorists, if they had such material, would have a good chance of setting off a high-yield explosion simply by dropping one-half of the material onto the other half. Most people seem unaware that if separated, U235 is at hand, it is a trivial job to set off a nuclear explosion. This is not a dirty bomb, this is actual detonation. Whereas if only plutonium is available, making it explode is the most difficult technical job I know. Given a supply of U235, however, even a high school kid could make a bomb in short order. Mr. Shays. Does it have to be a specific kind of conventional bomb that ignites or causes the nuclear explosion? Ms. Bryan. I do not have clearance, so I do not know exactly how it is done. Mr. Shays. This is what is confusing me, and I am exposing my ignorance, and I will then let others jump in. What is confusing me is I thought you always had to make a nuclear bomb in order to have a nuclear bomb explosion. And now what you are saying before this committee, and obviously it is well known, but I did not know it, you can basically cause a nuclear explosion. We will start with Mr. Lee, Mr. Paine, Mr. Bunn. Mr. Lee. I will give you again an ambiguous answer on this. There is a wide variety of opinions in the unclassified literature about how easy it is to make a nuclear weapon, and there is a point of view that an average high school person, competent high school graduate, would be able, given sufficient nuclear fissile material, enriched uranium, say, to make a nuclear bomb. On the other hand, many other people say that, look, it took the United States and the Soviet Union many years of development to come to the point where they could actually fashion one of these devices. And I suspect that, not knowing much about the technical side of things, I have a Ph.D., but not in nuclear physics or science, that this is a complex technical task. It would require for a terrorist to assemble some people with hands-on knowledge of how to make a bomb, and there is no evidence that I have seen that any terrorist group has been able to do this. In the case of Iraq, however, I would certainly agree that, yes, they had these people in place before the Gulf War, and they still are in Iraq. Mr. Shays. Let me go to Mr. Paine first and then Mr. Bunn and then Ms. Bryan. Mr. Paine. Yes, it obviously matters what you are trying to do and what you are working with. If you are working with two halves of a sphere of highly enriched uranium, as we do routinely in our laboratories, and you bring them together slowly, you will start--because they are half of a critical mass, you bring them together, you will start a chain reaction. And as that chain reaction proceeds, it will heat up the material, cause it to expand, and the chain reaction stop. If you assemble those two things with sufficient velocity, there isn't a chance for the material to heat up and disassemble, and, therefore, it explodes in a very fast chain reaction. So the question is can terrorists, if they got into a facility, find two halves or, in the case of a Hiroshima bomb, a projectile arrangement, a projectile uranium going into a kind of anvil of highly enriched uranium, and that is how they assembled the two pieces. And you have to assemble them with the sufficient velocity, and you will get a nuclear explosion. Mr. Shays. The question I am wondering is with a conventional explosion, do you create that effect that you just talked about? Mr. Paine. With a conventional explosion? Mr. Shays. Next to this. Mr. Paine. You would need a way of propelling one slug of uranium into another slug or assembling the halves in some way. The way a bomb designer does it is with a surrounding sphere of high explosives. Mr. Shays. I will come back to you, Ms. Bryan. Dr. Hamza. Mr. Hamza. The Iraqi program does include in its early stages when it was set up to go for the gun type, so-called what has been described here gun-type nuclear weapon. The South African program relied on this design to make its nuclear weapon program, and they did it in very short order with very little staffing and no testing. The advantages of this type of weapon is that you need very little testing to do it. It does not require very high use of sophistication in explosives. You can do it with much simpler explosions than the implosion device type. The disadvantage is you need much more nuclear fissile material, and in Iraq that is a problem. That is why it was worked on earlier and dropped later, and I believe probably Iraq is going back to it now because it requires much less testing, and it is much more assured of working than the implosion device type. The South African experience also presents another angle. The device needs two intiators, a so-called neutron initiator. To get the two things together you need to fuse them, start the nuclear reaction with a neutron initiator. It is so slow that the natural radiation will take care of that. So in this case Iraq now has a problem in this area, too. So possibly this is one angle also to be looked at by the inspector is that Iraq has no initiator and is not a problem with this kind of design. And the South African, usually when you make a design, a nuclear weapon, to produce it on a larger scale you need assurance that it works because of the large investment in time and cost. With this type of device, the South Africans, without testing, felt so assured that they went ahead and produced more of this weapon, I believe five or eight some number in between. So this is another possibility. Also this is an ideal terrorist weapon because what you need is simple explosive, so you can probably obtain them locally. All you need is to transport the actual uranium pieces, and machining is not a problem for uranium, as I mentioned earlier. You could assemble it here in an apartment actually by a terrorist and use some simple explosive to slam them together. Mr. Shays. At every hearing I learn new things, but my mind is working a mile a minute here for obvious reasons. You are really answering two questions when I asked one. But I want to, before Ms. Schakowsky gets the floor--and she will have practically as much time as she wants here--I want to know--and I appreciate all the answers, but I want to know can someone literally stack a bunch of logs, but in this case it is highly radioactive material, put a bomb in it, and you blow up and cause a nuclear explosion? That is the impression I get from Ms. Bryan's comment. Mr. Bunn. Can I clarify that? You will not get a nuclear explosion if you drop a stick of dynamite onto a pile of highly enriched uranium. What Chris and what Danielle and what Dr. Hamza have been describing is taking a couple pieces of highly enriched uranium. For example, in a cannon barrel, which is basically what the Hiroshima bomb was--the Hiroshima bomb had basically a cannon shell made out of highly enriched uranium fired into something that had a cannon-shaped hole in it made out of highly enriched uranium, and when the two pieces came together, that was the bomb. And that is relatively straightforward to do. If all you want is what a terrorist would likely want, there is a huge difference that is important to understand between what a nation-state is going to want in terms of reliability, safety, confidence that it is going to go off and what a terrorist group is going to want. If a terrorist group-- if there is only a 50/50 chance they are going to be able to level Midtown Manhattan, that is pretty good from their perspective. Mr. Shays. If you happen to be a suicide bomber and it doesn't go off, you just keep working at it because no one necessarily knows you are doing it. Besides this basically softball-sized material not giving--being something you can actually physically handle, does it send a signal that stretches a half a mile away? Mr. Bunn. No, unfortunately not. Again, the radioactive emissions from highly enriched uranium are extremely weak. Just the other day I was speaking with the scientist who had done the testing for the International Atomic Energy Association detection technologies for controlling borders, and I said, you know, these little pages that the Customs guys are always showing on TV that they can wear on their belt while they are searching the bag, if there was HEU in the bag, what is the probability that one of those pages would go off? And he said, zero. Mr. Shays. This is very interesting stuff. Mr. Bunn. There is other technology that is more effective to detect the material, but HEU is difficult to detect. Mr. Shays. Does anybody disagree with what is being said now? Ms. Bryan. I just wanted to---- Mr. Shays. Let me preface why I am asking. I got the impression from your statement that may not be as accurate, and that is a group of totally uneducated folks, but willing to risk going up in smoke, could take over one of our facilities and with this highly enriched uranium or plutonium cause a nuclear explosion. I am hearing you still need a bomb, and yet the impression I got from you is you do not need a bomb. So maybe you could please clarify that. Ms. Bryan. Right. I think that is two things, if I heard what you are saying. The first is I don't think you're assuming totally uneducated people. People would have to know what to look for to find uranium. But our understanding is the way that the mock terrorists have been able to do it at the DOE facilities is they bring conventional explosives in backpacks, get into the facility, and use that conventional explosive to create the velocity that was being discussed of slamming the two pieces of uranium together. But what was the second question you were just asking? Mr. Shays. Would that be accurate from your standpoint, Mr. Bunn or Mr. Lee or Mr. Paine? Mr. Bunn. Of course they don't actually set off the bomb when they break into a DOE facility. They are assessed to have had enough time to do that. Ms. Bryan. Of course. Mr. Paine. The Russians had an atomic demolition munition that could be transported by two people. It was essentially two parts, and they slammed one piece into another piece, and they essentially used the ground as the temper, as a way of stopping the flying piece. So that was a pretty simple concept they had. Mr. Shays. It raises this point, and then, Ms. Schakowsky, I am going to you. It raises the issue for me, I traveled with a former Senator and Senator Lugar to Russia, as I mentioned, and we look at chemical, biological and nuclear storage sites, and I believe those two gentlemen deserve the Nobel Peace Prize because it took my breath away. You see a million shelves of chemicals which we are now destroying. Each one can destroy 20,000. You see 50,000 people devoted to making biological agents. You visit just two of their biological sites, and you see viruses stored in refrigerators with string around it and wax so they can see if someone got in. And then you go and see this site, this unbelievable site of storage, Mayak, that is in 40 hectares, but this one gigantic complex of 500 feet long and 150 feet wide, cylinder-- metal cylinder openings that go down 18 feet to store just a portion of their highly enriched nuclear weapon-grade material, and you think, God save this world. And now, as you describe here, I am thinking we have to be a little more sophisticated than we have been. So, yeah, I am pretty concerned about Iraq, but I am getting a little more concerned about the potential of just some modestly educated people causing some serious problems with nuclear weapons. Biological and chemical, there are antidotes. Nuclear, I do not know how you protect once there is a nuclear explosion. I do not know how you provide the antidote for it. She left. Mr. Tierney. Ms. Bryan, there are in my district alone a number of communities that live within close proximity to a nuclear power plant. They have various groups of citizens who are obviously concerned about their safety and concerned about some act of terrorism putting their families at risk. Are their concerns justified? Ms. Bryan. Yes, they are. Mr. Tierney. I understand you have interviewed a number of people involved in security at different plants. Will you tell me a little bit about what you have learned from those interviews? Ms. Bryan. Yes. What we have found that since September 11, the guards are currently working 6 days a week, 12-hour shifts. So they are working 72 hours a week. So the first thing you are losing is any ability to frankly be awake or prepared for any such attack. We found when we began our investigation that in a number of facilities the guards were only given pistols and shotguns, and in the last few months they have started to get semiautomatic weapons in some of the facilities. But many of the guards, in fact nearly all of the guards, voiced specific concern that they are clearly going to be outgunned by any terrorist who has weapons that are very available on the open market, grenades, grenade launchers. They are totally unable to protect a facility against that. Their training is extraordinarily low. They are given the ability to practice with their weapons for 2 to 3 hours a year. So the familiarity with the weapons they are given, as inadequate they are, they are not sure in the heat of a panic they would really know how to use the weapons anyway. And then we found, and I described in my testimony, the simple fact that no one has really until in the last 3 months thought about the fact that the utilities--remember, these are commercial facilities, these are not government facilities. The utilities are only required to have enough guards available to alert essentially the outside, to slow things down and alert the outside. Then the tests that have taken place in the past 3 months, tabletop tests, this is the first time ever where the government thought how long would it take for the SWAT team to get there to get the terrorists out. They are finding in tabletop tests, which I suspect are likely to be generous, it takes between 1 to 2 hours, and there is a chasm of time there where no one is doing anything. Mr. Tierney. I have heard about these tabletop tests, and my understanding is that is what is primarily being done now. They are running through these scenarios on tabletop exercises as opposed to real-life exercises. Ms. Bryan. That is exactly right. Mr. Tierney. Is that what you find in most or all plants at this time? Ms. Bryan. Well, they stopped all mock terrorist tests since September 11, but prior to that they were occurring only once every 8 years at each facility. And we found is--because there is such a gigantic lag, and, of course, the facility was given months of notice when they were going to be tested, that they would beef up the security. They actually bring consultants in to get them ready, to get training. They would be told in advance what kind of test was likely to come. They were only protecting--this has been reported in open documents in a number of places--against three outside attackers with one inside helper. And even in those cases the facilities with all of that prior knowledge, with additional forces, they were still failing those tests half the time. Mr. Tierney. These are commercial facilities hiring private guards and training them or preparing them to some NRC Regulatory Commission standards, so obviously those standards needs to be reviewed. Ms. Bryan. Well, they actually don't have--there are no real standards imposed by the NRC on the quality of training. It really has been left up to the utilities subcontracted out companies--primarily Wackenhut actually. Mr. Tierney. Say that again. Ms. Bryan. Wackenhut, which is a commercial security company. And they are the ones who set the standards. There are not real standards currently for training. They are working on fatigue rules, for example, nuclear operators at the power plants, but they don't have fatigue rules for the guards. Mr. Tierney. So we have private concerns hiring private police officers without any Federal standard for what they have to do to be manned and what they have to do to be trained for that, and without what kind of equipment they have, how much time they have to have learning that equipment, and we have testing procedures that are basically on top of a table as opposed to real-life scenarios. Ms. Bryan. In this case it is definitely a bottom-line issue where security costs money, and it doesn't help them produce electricity, so they do as little as they possibly can. Mr. Tierney. Mr. Paine. If I read H.R. 4, the administration's dream scenario on this would be to have more nuclear facilities built in the future and to prolong the life of existing ones. Mr. Paine. Yes, but the question involves the type of facility. One, I think, can have an incredible perspective on nonproliferation and stopping nuclear terrorism with the current nuclear deployment that we have. Light water reactors are reasonably safeguardable, but the administration is proposing that we return to closing the fuel cycle and deploying breeder reactors in plutonium separation plants, sometimes in the same facility, and training a whole new generation in plutonium metallurgy and in the chemical extraction of plutonium. If this occurs not only in this country but globally, we are compounding to a rather considerable degree the whole problem of proliferation and, by extension, nuclear terrorism. So these facilities are hard to protect and have a spin-off of technological expertise that will find its way into illicit channels. Mr. Tierney. I guess it goes without saying that we still haven't found what to do with spent fuel at this point in time except leave it onsite and try to protect it as best we can. Ms. Bryan, what are we doing about that? What is the best protection we could have, and what is the level of protection we do have in most plants right now for spent fuel? Ms. Bryan. You are certainly aware there is a great controversy about what to do with spent fuel. Currently the most important thing we see in the short term is to move to dry cast underground at the facilities while addressing the bigger question of what to do with nuclear spent fuel more generally. There hasn't been a real push, so it is lying in these pools which are, I said, in many cases uncontained. Mr. Tierney. One question on the Iraq situation. Mr. Chairman, I appreciate you having these hearings. I found much of the testimony on Iraq to be very speculative today on that, which I am not sure is entirely helpful to getting people focused on what we ought to do in terms of United Nations's activity and things of that nature. But does anybody here have any expertise or any information about what throw capacity Iraq may have in terms of nuclear, biological or chemical weapons? How far could they project any weapon that would cause destruction? Because I think obviously we are focusing on one end of it, but I think an important end of it is to realize that there is limited capacity, to my knowledge, for Iraq to actually get any type of a weapon from one point to another. The question I have is is there anybody on the panel here who would have direct evidence that Iraq has made a threat to the United States directly to use any of these weapons unprovoked? Ms. Gottemoeller. Mr. Tierney, if I may, although I am not a huge expert on the Iraq missile or the Iraqi Air Force, it is my understanding that in terms of their reach, they can threaten Israel, our important ally in the Middle East, but they cannot field an intercontinental attack capability. Certainly they have no intercontinental ballistic missile capability at this time, although there is a concern that in future years they could acquire such a capability. But at the current time they would be forced back on the same kind of mechanism that perhaps a terrorist would employ; that is, sneaking a nuclear weapon into the United States and detonating it on our territory in that way rather than a more sophisticated weapons delivery technique. Mr. Tierney. Are you aware of any official threats for Iraq to do just that, to somehow instigate a sneak attack on the United States in that way? Ms. Gottemoeller. I cannot rule that out, but I am not aware of evidence of such plans, but I cannot certainly rule it out. Mr. Tierney. We cannot rule it out from Iran, Syria, Libya or anyplace, right? Ms. Gottemoeller. Correct. Mr. Tierney. Provoked. However, Mr. Paine, you raised some interesting points on your testimony that even somebody not inclined in an unprovoked manner to used weapons that might react differently once provoked. Would you go over that a bit more? Mr. Paine. I was pointing out what I believe to be a serious flaw or contradiction in the administration's presentation of the issue. I do not know what the facts are, but the way it has been presented publicly is that Saddam Hussein simultaneously represents an imminent threat to our security which must be preemptively attacked, but he is not such a threat that while we are doing that couldn't execute a devastating response somewhere in Europe or elsewhere in the Middle East or in the United States. In other words, they create a nexus between terrorist organizations and Iraq to justify the invasions, but then the nexus disappears when it comes to assessing the risk of the invasion. So I think that needs to be looked at more closely. And if you consider that this nexus does not yet exist, that it is a hypothetical, it is a serious hypothetical, but we have no evidence that it currently exists, then there is time for the international inspection system to work, or at least there is time for us to try to make it work and resort to violence later rather than sooner. On the other hand, if you think the nexus currently exists, then the stakes of an invasion are quite high, because if that nexus does exist, then he could undertake retaliation. He may have a contingency plan for such retaliation now as we speak. I think Members of Congress need to huddle with the Intelligence Community and with senior administration decisionmakers and look more--a little more closely at this question of whether, in fact, the public justification that has been presented for the attack is the real one, because if it is, then it is a high-risk scenario. The way I resolve this contradiction is that basically the administration is engaging in overspeak and exaggeration, and it wants to take advantage of the current war on terrorism and the kind of martial atmosphere in the United States and around the globe to take out an old enemy, namely Iraq, and that may be a supportable goal, but it is a different kind of argument. Mr. Bunn. Can I jump in and support Chris on that point in the sense that let's leave aside nuclear. For the moment Saddam Hussein--the chairman of the Joints Chief of Staff testified yesterday he does not have a nuclear bomb as far as we know, isn't going to get one for some years unless he gets the fissile material from abroad. But he has had chemical and biological weapons for well over a decade, and he has hated the United States for at least that long, and al Qaeda has been around hating the United States and wanting to attack the United States and attacking the United States for that long. If he was going to give chemical and biological weapons to al Qaeda, wouldn't he have done that? Now all of the sudden after a decade after the Gulf War, he is suddenly an imminent threat to the security of United States of America. It may very well become an imminent threat to the security of the United States of America if we convince Saddam he has nothing left to lose, which seems what we are bent on doing. Mr. Tierney. Thank you. Mr. Hamza. Can I comment on this? Mr. Shays. Fire away. Mr. Hamza. If Saddam already have the deterrence in terms of chemical and biological weapons to prevent the United States from attacking for fear he might unleash some of it, then he already won. Then he already won the war because this is exactly what he wants. I do not think he is going to attack the United States unprovoked in this sense, especially in a nuclear area, but that does not mean if he feels safe he will terrorize the region and play the bully in the region, and that is the main goal. Is the United States ready to allow him to control the Middle East through his terror tactics and his other weapons of mass destruction? The other choice, if we are already deterred, if the United States is already deterred, then what is going on in the future when he does get nuclear weapons, how is it going to get worse? How will the situation develop if the United States is already deterred by just the chemical and biological? How much would it be deterred by the nuclear when he has it, and how safe would he feel when he has it? The idea is to look down the road what would happen. Mr. Tierney. If I could, in fact, he's been deterred. He's had this biological and chemical weaponry since the 1991 effort, and he didn't use it then because he was deterred in consideration of what the ramifications of that were going to be, and that is what has been somewhat temporarily stabilizing the area. Now you are talking about going in and totally destabilizing it, not leaving him with any negotiable point out; not saying, we want weapons inspections, and unless you have really high-level weapons inspections that are enforced and open-ended, we are going to do something. You are saying whether or not you do that, we will have regime change, which I think many people interpret, and probably rightfully so, we're going to kill you. At what point does he say, what do I have to gain from this exercise? I am going to fire every bullet in my gun. Mr. Hamza. Who is deterred? The United States wouldn't go after him because he has them? Mr. Tierney. I do not think that is the question. The United States has to have a reason to go after him that is justifiable in international law. Mr. Hamza. He already invaded two neighbors. He already had two major wars in the region, the largest wars in the region of the last century. What more evidence do you want of his aggressiveness and bad intentions? Mr. Tierney. The United States supported him against Iran. Mr. Hamza. For a period when Iraq was going to collapse, yes, they supported him because they didn't want an extension of the Islamic Republic, and we supported him for that, too, for that matter. We were there. Mr. Shays. I cannot wait to jump in, but Mr. Paine. Mr. Paine. Just this point. It is a very important point for the kind of thing we are talking about now. Is the United States really as appalled and repelled by Saddam as we pretend to be? I mean, from 1982 to 1988, we had a clandestine program to assist Iraq. The CIA was providing overhead imagery. Sixty Defense Intelligence Agency officers were providing detailed battle plans, detailed intelligence on Iranian troop positions. The Iraqis were using chemical weapons against Iranian forces with the knowledge of the United States, and we did not object. This went on for 2 years until they retook the Fao Peninsula. So he may be a monster, but in the previous decade he was our monster, and then suddenly he became someone else's monster. I think the record of the U.S. Government on it--excuse me, I'm sorry, Mr. Chairman. Mr. Shays. No, no. I want you to continue. Mr. Paine. The record of the U.S. Government over this, if viewed over a period of decades, does not lend a conviction that the United States cares greatly and sincerely about the monster Saddam Hussein. He was a brutal monster in 1980. I personally favored in the Gulf War the United States continuing. I was alone among my liberal friends in that view, but I wanted him out because I had been a correspondent in the Middle East, and I knew how bad he was. I want him out now, but the risks of action and inaction, whether nuclear chemical or biological, have to be honestly discussed. There is a kind of demagogic approach to this that the administration is taking in which their public arguments don't add up. If the private argument is he doesn't have these weapons of mass destruction, therefore we felt entitled to attack him, we don't feel deterred now, it is not safe to attack him, then let's just say that. Let's just say that. Let's just say that I think the right administration approach would be to go to the Hague and fill out an indictment against this guy for crimes against humanity, and the list is very long, and over a period of time, in conjunction with coercive inspections, try to get the guy arrested. Mr. Shays. I will jump in, if I might. Mr. Paine. At some point with international support the Iraqi people will turn against him. Mr. Shays. I happen to agree with you that the truth needs to be told, whatever the truth is. And I also happen to believe that when we started doing our work on whether our troops were exposed to chemicals, and our own government said they weren't exposed to offensive use of chemicals, and they inserted that word ``offensive,'' we didn't know until we had a witness come with actually videotape of blowing up Khamisiyah, and we saw warheads, chemical warheads. And we had witnesses who came before our committee who testified under oath that they saw U.S.-stamped--suggestions of U.S.-stamped chemical containers. And we had the Department of Defense argue to us that our troops weren't exposed. And when all the gadgetry that our soldiers were wearing went off, they said it was because these were not calibrated, they were very sensitive, but the really highly sensitive people--equipment didn't show this. And then we had two military personnel whose expertise was using highly sensitive equipment. They were encased in the vehicles, that they were protected, and they swore under oath that they came across chemical exposure. And I happen to believe in my own mind that we were not eager to have people know about our involvement with Iraq earlier. So I am going to say even if I agree with your point, which I happen to, that we were involved with a pretty despicable person, because he was at war with a country that held our government employees hostage for 444 days, we sometimes choose our friends by who their enemies are. But that notwithstanding, I would argue that tells us we even have better knowledge. The sad thing is we were involved with this person, and we helped create him, and there is a lot of embarrassment to this. But embarrassment to me is no longer the issue. It shouldn't have been earlier. So I will just say that to you. But having said that to you, I do agree with Dr. Hamza. In my dialogs with my constituents, it is 40 to 1 against in the letters and so on. They say, if we do this, he will do something terrible to us. And then I am saying, my God, he's already won. He's already won, and he doesn't even yet have nuclear weapons. I don't know that I would want to be faced with a biological or chemical attack. I wouldn't, but I do know that we still have some ways to deal with it. I do not know how we deal with the nuclear. And so I will just kind of just make a few more points. Dr. Hamza, you believe, and I think most people do, that if he gets the plutonium or uranium, he's already got the weapons. He has a weapon that will work. One of the things I am interested in is your opening comment. One bomb or two bombs is one thing; 10 or 20 or 30 is another. And then the question, I wonder, is, OK, once he has a nuclear weapon, do we then say, OK, now we can't? And so there's got to be a time-sensitive issue here. And so I then begin to say, my God, do I want him to have one nuclear weapon? No. But I clearly don't want him to have 20 or 30. And I do think that he demonstrates something unique. He used it against the Iranians. We knew about it. He used it against his own people. Mr. Paine. We assisted it, Mr. Chairman. Mr. Shays. I will say we knew about it. I do not have any evidence that we assisted. Maybe silence is assistance. But the second point is we know he used it against his own people. And I do like the analogy that Dr. Baram used. He said that sometimes he doesn't admit that he uses things, but he does, and he has the benefit of denial. I think it is foolish for anyone to accept right now that he said--Iraq has come before us and said they have no chemical, biological or nuclear weapons. We know he has chemical and biological. We know it. And the other thing is, and I do get into this, and it is the one area that the administration has shared with people that is sensitive, and that is his delivery systems for certain weapons. Suffice it to say we know that he has delivery systems that others don't know he has. It is alarming for me that he has delivery systems, not necessarily nuclear. But I guess what I am wrestling with is when. But I am agreeing with your point about the truth. Mr. Paine. On this very point, Iraq is one egregious case. Iraq is one egregious case, but how about the next egregious case: Syria. Mr. Shays. That is an easy answer for me, if that is your question. Mr. Paine. Is this a future principle of foreign policy, or is this a one-op operation? Mr. Shays. I believe without question that the policy that we had during the cold war made sense. It was reactive. It was containment, reactive, mutually assured destruction. Anybody that suggests that it's going to be reactive, wait until they do it, containment, mutually assured destruction I think that's just out of the line of--no, I'm just going to make my point. I think it is preemptive. We don't have the ability to prevent things from happening, but we may have the ability to prevent them from getting started. So when people get nervous about preemptive, I think it's my duty to get my constituents to understand, whether or not they agree, we should go into Iraq. It is preemptive now, and that's the world we're in; it is preemptive. And then you say to me, what countries. We saw a change in the behavior of Yemen. Yemen was with the terrorists; they're now helping us fight the terrorists, because they believe we have a new policy that is sincere. They saw--I listed the places we didn't respond to. They believe that we will respond. They believe that they get onto our boat, we're serious. They are helping us. I believe that if people see what happens in Iraq--I think Libya thinks twice. I don't think that Libya becomes the problem. I ultimately think then it's containment of Iran. Mr. Tierney. Would the gentleman yield? Mr. Shays. Yes. Mr. Tierney. I understand what you're saying, and I think you make some points, but I think you overstate it a little bit when you talk about mutually assured destruction not working any longer has gone away. You know, mutually assured destruction between countries has not gone anywhere. That's still very much a philosophy and a policy that works and is in place and hasn't been disrupted at all. What has happened is that terrorists have shown that they are not deterred, and that's a whole different question, what do we do to make sure that we preempt terrorist acts, and that means we have to have international cooperation with a whole range of countries, some that have historically been our allies and some that have not been; and then we have to question, if that's the case, what happens to those relationships and partnerships and everything if we disrupt an area that affects that. But I don't think there's been any showing at all that deterrence hasn't worked between sovereign nations. And that seems to be a fairly regular thing there. And I don't, you know--and I don't know where you would make the case out that it has. I think the terrorist acts that have happened are a separate question, and we obviously need to go about that. That's what I thought we were doing in Afghanistan. That's what I thought we were doing since Afghanistan, although now there's some question about whether we're moving our focus off of that and going in on Iraq and a whole range of issues. The last point on that: I have probably been privy to all the classified hearings that you have on delivery systems, and you know, I don't see--I don't think the United States is even marginally threatened by a delivery system from Iraq. And I think it would be---- Mr. Shays. I don't think--I'm not even suggesting that. I do want to put in the record that we're talking about intercontinental ballistic, other delivery systems that are more regional. The--we are--and I'm saying this, and then I'm happy to have you respond because I know three of you want to jump in here. I do believe this has to be social, political, economic, diplomatic as well as military. I totally believe in that, and I believe in it even more after hearing this testimony, but I didn't need to be convinced. I do know--I do know that--so I do know this battle is going to be social, political, economic, diplomatic, as well as militarily fought. The challenge I have is that I buy into the argument that Iraq has relationships with terrorist organizations. Abu Nidal was the most horrific terrorist who had a bedroom in Baghdad. And some can call that suicide. Maybe it was. I call it destroying the evidence. So the relationships that exist among Muslim nations and Islamic terrorists, to me is pretty clear. So my concern is that he will use--that you won't see a signature item of a ballistic missile. Let me let you guys jump in. Mr. Paine. I have difficulty trying to take the arguments that have been made in favor of preemption in Iraq and generalizing them into a general foreign policy, which the President has just done with his national security strategy. And I think---- Mr. Shays. Can I back up a second? Not just with Iraq. Preemption became--we had to know the threat, we had to develop the strategy--and we had to develop that strategy. Preemption became paramount in Afghanistan. That was preemptive. Mr. Paine. I think it was reactive. We were attacked and then we attacked Afghanistan. Mr. Shays. But we are trying to preempt the possibility of these training camps causing any more problems. Mr. Paine. Right. But I think we had a casus belli under international law in that case. I just have a difficulty if the idea is that we are going to deprive other countries of chemical and biological and nuclear deterrence preemptively. They haven't threatened us concretely, they have not attacked us, but nevertheless we feel uncomfortable about their possession of these weapons, and we're going to attack them. And we're going to attack them preemptively in the future? Mr. Shays. I don't put Iraq in the same category as I put Holland. Mr. Paine. No, but how about Libya, Syria, Sudan? I mean, I'm just uncomfortable with Iraq as the opening gun of a policy. Mr. Shays. I said Holland. I was just being cute, yeah. Mr. Paine. I just want to say that Libya was the first country to submit a warrant for Usama bin Laden's arrest. Mr. Shays. This is where I reacted. If we start treating these as a crime, we'll never 100 years from now--they can't be crimes. They've got to be acts of war. Mr. Paine. But that was like back in 1997. Mr. Shays. What is 1997? Mr. Paine. The United States didn't--I mean---- Mr. Shays. I don't believe that for a minute I would accept that the attack on the Twin Towers was a criminal act; I believe it was an act of war. I believe terrorist acts are acts of war, and they're not crimes. That's what I believe. Mr. Paine. I'm just trying to point out that there is a class of countries that the President himself has identified as the ``Axis of Evil''; two-thirds it are still outstanding, even if we take out Iraq. Are we going to do the same thing to Iran or the same thing to North Korea? Mr. Shays. If they don't change their behavior, we would have to. Mr. Tierney. I think the other valid point, if I could: What if you take that theory, and other countries decide that they're as entitled to act as the United States, so that India decides that Pakistan is a bit of a nuisance and tries to preempt something there; and Russia, Chechnya; and China, Taiwan, and right on down the line. Ms. Gottemoeller. Mr. Chairman, I just wanted to make the point that we have had a preemptive strategy with regard to proliferation problems for well over a decade. It was known as counterproliferation. It was employed many times by the Clinton administration. Even prior to the Clinton administration, the Israeli attack on the Osiraq reactor in Iraq was a very good example of a counterproliferation preemptive strategy. The President's new national security strategy underscores the need to continue with counterproliferation type preemptive attacks. He also makes note--and I welcome this fact--of the need to employ nonproliferation diplomacy, the continuation of the nonproliferation regime, which I thought was very welcome from this administration; and also to emphasize cooperative threat reduction and efforts to get at the problem at its source, as has been the case, I would say, on and off in this administration. So, again, I welcome the fact that the national security strategy places emphasis on each of those things: counterproliferation, preemptive strategies on continued diplomacy and on threat reduction. However, I agree with Mr. Paine that, unfortunately, the emphasis rhetorically of this administration has been on preemption overall, and it's giving a very bad impression that this will be the kind of strategy of choice for our military doctrine in upcoming years. And I think that is very negative indeed. Mr. Shays. I think I agree with you, but I want to qualify first. Are you saying that it's--we are making preemption the centerpiece without diplomacy, without economic efforts and so on? I don't know what you just said. Ms. Gottemoeller. Yes, sir, that is indeed exactly what I believe. I believe they are highlighting preemption at the cost of these other tools that should be available to them and which indeed in their security strategy they mention as also being important. But it's like an aside; it's not something that they tend to emphasize. Mr. Shays. I want to go on record, I agree with you. I agree with you. And I think it's a very costly thing. Thank you for making that point. Dr. Lee. Mr. Lee. Yeah, I can certainly---- Mr. Shays. I want to know are you going to be on the fence on this or are you going to be---- Mr. Lee. No, you have to understand where I'm coming from, Congress. Mr. Shays. Are you going to assert yourself and take a risk here? Mr. Lee. No. My comment is, if we can find on Khidhir Hamza's map locations of chemical, biological, nuclear facilities, whatever, I can see why some people might believe that there could be an argument for taking these out. On the other hand, where I really have trouble, I think, is the assumption that if the--you have seven countries that are designated by the State Department as state sponsors of terrorism. All of them are said to be working on or in some stage of development of weapons of mass destruction. I mean, even Cuba is said to have some minuscule biological capability. Where I find it is--even though these countries may have some relationship with terrorists, harboring them, giving them political support, aid, financing in some cases transfers of conventional weaponry, as in case of Iran transferring to the Palestinian Authority and to other groups, I find it very difficult to believe that a state with these kinds of weaponry will feel comfortable providing terrorist groups with the means of mass destruction which could be used, in turn, eventually against the state itself under certain circumstances--except in the possible circumstance when that state's survival is threatened, in which case, really all bets could be off. Mr. Shays. Thank you. And I hope you weren't offended by my just having a little fun with you. Because that's very insightful. Mr. Lee. I'm having fun, too. Mr. Shays. Thank you. If--there's a danger in how long these hearings last; I have to be careful. Dr. Hamza, did you want to make a point? Mr. Hamza. What we have, a system---- Mr. Shays. Your mic is not on. Mr. Hamza. We have a system of international inspection that's been, what, something like 50 years now, in the 50's, the International Atomic Energy Agency; and there are other regimes for control of chemical. And I don't know if there is any in the biological area; I don't think there is one yet. What happened is, what happens when you violate this, and what do you do? Iraq did violate this International Atomic Energy Agency Nonproliferation Treaty. There are other countries which are labeled in the Axis of Evil, which include Iran and North Korea, all parties to this treaty. Now, there is a very clear violation by Iraq. It's declared, admitted, documented, checked out on a larger scale, a violation of this treaty. Now, Iraq did submit for a while to inspection and allowed destruction of some of its facilities, then reverted back to its old ways by more or less stopping the inspection process. By the way, it was stopped when the inspectors demanded the scientists; when they came close, they started to get the scientists to talk, one of them ended up in jail--the chief scientist of the biological weapons program when he came too close to the inspectors and probably--and actually asked for asylum, Dr. Nasir Hindawi. So when the inspection process became realistically in the last years, 1996 up to 1998, and the inspectors started to demand actual information from the actual scientists, without the minders, possibly; and the process of minders, started naming names and asking for people to come, Iraq more or less stopped the process. Now, if there is no retribution for that, what would the other countries say? What would the other terrorist, so-called, states say? Now, the idea is not that every time you are going to war. The idea is, the violator, the main, major violator, if it is let go, what would the other do? These are rational actors; not everybody is crazy there. These are--they look, examine and make their own decisions. And if there is no action, that decision would be one way; if there is action, that decision would be another. So what we are looking at is the system, how it will evolve down the road. As Iraq going to get out of this box? If so, then Iran will take its own program somewhere else, North Korea will behave in a certain way. Syria will. So will Libya. Would Iraq pay for this? Then the others will take another. Mr. Shays. I notice some of you are starting to look at the clock, and I don't blame you. I want to talk a little bit about a unilateral, and I want to talk a little about the inspections, and I will let you talk about anything you want to talk about before we go here. I want to say to you that--I want to ask any of you, do you think that the U.N. or any of the European countries, other than Great Britain, would be talking seriously about inspection in they didn't fear that the United States was going to go in unilaterally? Is there anyone here? Can there be some consensus that the fear that we would act unilaterally has been a motivation in getting the U.N. to kind of think now about doing these inspections? Anybody want to comment on that? Ms. Gottemoeller. Mr. Chairman, I believe that what has happened in the past month or 6 weeks is that containment has been removed from the table essentially. The previous policy of the United States and its allies was to contain Iraq over the last half decade or so. I think that in that context the Bush administration was instrumental in affecting that because of the fact that they were emphasizing unilateral action, military action against Iraq. Now, however, the allies look around for what other options there are, and they see the notion of a more muscular inspection regime, or cohesive inspection as several of us have mentioned, as being a realistic option not only for finding out what is happening, perhaps, with the overall weapons of mass destruction capabilities of Saddam Hussein, but also then moving toward disarmament. So I think it is a realistic option and, as such, is welcomed by allies and friends of the United States. But I think the Bush administration was instrumental in driving the debate in this direction because their focus on unilateral military action removed containment from the table as an option. Mr. Shays. So then let's just get to the inspections. Is it logical to assume that if he has--and he says he doesn't; no chemical, biological or nuclear program--I get more calls on not saying that word right than anything I do. Is there logic that he will allow for unfettered inspections? And it strikes me, the only thing that would get him to do that is if he believes that he basically is annihilated, that short of that, he's not going to allow us to look at the chemical-biological program that he has. Dr. Hamza, do you want to jump in? Anyone else? Mr. Hamza. There is one test, which I mentioned earlier, for this. If Iraq allows--if Iraq allows unfettered access, it means allowed, it has nothing to hide. It means that, allow the inspectors access to its scientists anywhere the inspectors want. And the inspectors wanted it outside, but Iraq allowed that once and scientists, his choice---- Mr. Shays. But even that's a question mark because the families are still under his control. Mr. Hamza. Yeah. And if Iraq does not allow this--and Iraq is already balking at this, saying it will not allow the Presidential sites. It will stick to its agreement with Kofi Annan about the Presidential sites and other issues. Iraq then will go to war rather than allow the inspection to be unfettered, because then it will uncover its program and the sanctions will become permanent. A regime change will become the policy of a United States, and eventually the regime will go anyway. So I believe Iraq will also play its game again of trying to block the inspectors, make the inspection more or less meaningless, and effectively destroy the system. Mr. Shays. Anybody else want to jump in? Mr. Bunn. If I could just say one thing, and that is, I agree that it is largely the fear of the United States that is leading Saddam to be more open toward inspections than he has been previously; but that fear will only maintain if he doesn't think we're going to strike. Even if he does allow the inspections, if we're going to strike anyway, then there's no incentive to accept the inspections. Mr. Shays. I agree with that. Mr. Bunn. So it's my view that we have to be prepared to take yes for an answer. Mr. Shays. Provided they are truly unfettered, scientists interviewed? Mr. Bunn. Indeed. I'm quite a fan of the coercive inspection concept that was put forward by the Carnegie---- Mr. Shays. Ms. Gottemoeller. Ms. Gottemoeller. Sir, I just wanted to note that I agree with Dr. Hamza that what Saddam Hussein will be staring at in the case of a U.S. attack is regime change. And I think it's a hypothesis that we have to test. Does he care more about his survival than he does about the possibility of unfettered inspections? And the view that underlies the Carnegie study is that when offered the choice, he will allow unfettered inspections, particularly if they're backed up by military force, and he sees that there's no way to wiggle out of it, that in that case, he will permit unfettered inspections to go forward because he does not want to face his own demise, his own departure from power. That is a hypothesis that is worth testing, I believe. Mr. Shays. Dr. Lee. Mr. Lee. The other issue is whether his chemical, biological and nuclear weapons programs might be so well concealed that, in fact, even the most unfettered and intrusive inspection regime won't discover evidence of them. And that's a question I simply don't know the answer to. Mr. Shays. You know what? I think we're going to end on that, unless Mr. Paine--we will end on this. Did you want to make a comment first? Is there any question we should have asked, any point that you wanted to make that should be a part of the record? I will say some of the real gems we've gotten on this committee have been those last comments that people have wanted to make for the record. While you're thinking, I'm going to ask unanimous consent that all written statements of Ms. Lisa Bronson, Deputy Under Secretary of Defense; and the written statement and accompanying materials submitted by Ed Markey of Massachusetts be entered into the record at this point. And obviously no one can object, so it will happen, and--nor would they object. And obviously the material that Mr. Kucinich wanted in the record we will put in as well. Any closing comment by any of you before we adjourn? Mr. Paine. Just on the inspections question. I think, from the longer-term perspective, we have a stake--all parties in this debate have a stake in indicating the efficacy of international inspections, and particularly more intrusive rather than less intrusive ones, to deal with these kinds of uncertainties. Do we really want to live in a world that is forever on the brink of preemptive warfare because one country or another perceives a developing threat to its security? And I think that we're at a crossroads here, where we move on and step up the international community's capacity to do this kind of work, or we discredit the U.N. and its agencies and we proceed to a different system of international relations where preemption becomes a more commonplace form of national defense. And this--I find hard to imagine the United States would be the Nation that crystallizes this transformation in international affairs. Mr. Shays. I think the answer to your question is, we don't want to live in a world like that. The question is, will it require the--always the potential of a preemptive strike by the United States to sometimes get action? And one of the last--one of the hearings we had was with a noted scientist who said the question he wasn't asked that he wanted to answer was, what was his biggest fear, and he said his biggest fear is that a small group of dedicated scientists will create a biological--an altered biological agent that will wipe out humanity as we know it. I can't imagine the United States waiting for the U.N. necessarily to act to stop those scientists from acting. So it is kind of--the nightmare that I've had for a long time since September 11 is, preemption has got to always be a potential for the United States. But in the spirit of your comment, getting the world to work together, using--as you have pointed out, Ms. Gottemoeller, getting a social, political, economic effort-- diplomatic--is clearly the way it has to be. And I do agree that the United States, if it's doing it, has deemphasized it. One of the best-kept secrets--even though it's military, it's diplomatic as well; 40 countries meet in Tampa. This is not state secret. Forty countries meet in Tampa every day and work on how they should conduct the war in Afghanistan. They supply men and women and equipment. We have lost 45 Americans. We have lost 25 non-Americans from other countries, just not--so there is this effort to work with other countries, and we need to expand it to the other areas. I'm sorry, I didn't give you the last word. Ms. Bryan. I wanted to ask, I wanted to remind you, you asked last October for a GAO report on security at DOE facilities, and it's nearly a year. We sense there's an urgency over this issue; we would urge you to push them along on this issue. Mr. Shays. We will push them a lot. Anyone else? You've been wonderful witnesses and very patient with our committee. I hope you have a good lunch. Thank you very much. This hearing is adjourned. [Whereupon, at 1:30 p.m., the subcommittee was adjourned.]