S. HRG. 107–798 F7612:5.HRG. 107-198 NEXT STEPS IN IRAQ HEARINGS BEFORE THE COMMITTEE ON FOREIGN RELATIONS UNITED STATES SENATE ONE HUNDRED SEVENTH CONGRESS SECOND SESSION SEPTEMBER 25 AND 26, 2002 Printed for the use of the Committee on Foreign Relations PURDUE UNIVERSITY FEB 0 6 2003 U.S. DEPOSITORY Available via the World Wide Web: http://www.access.gpo.gov/congress/senate U.S. GOVERNMENT PRINTING OFFICE 83-463 PDF WASHINGTON : 2002 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402-0001 1039-A 2003-0101-P COMMITTEE ON FOREIGN RELATIONS JOSEPH R. BIDEN, JR., Delaware, Chairman PAUL S. SARBANES, Maryland JESSE HELMS, North Carolina CHRISTOPHER J. DODD, Connecticut RICHARD G. LUGAR, Indiana JOHN F. KERRY, Massachusetts CHUCK HAGEL, Nebraska RUSSELL D. FEINGOLD, Wisconsin GORDON H. SMITH, Oregon PAUL D. WELLSTONE, Minnesota BILL FRIST, Tennessee BARBARA BOXER, California LINCOLN D. CHAFEE, Rhode Island ROBERT G. TORRICELLI, New Jersey GEORGE ALLEN, Virginia BILL NELSON, Florida SAM BROWNBACK, Kansas JOHN D. ROCKEFELLER IV, West Virginia MICHAEL B. ENZI, Wyoming ANTONY J. BLINKEN, Staff Director PATRICIA A. McNERNEY, Republican Staff Director (II) CONTENTS WEDNESDAY, SEPTEMBER 25, 2002 Page 3 9 16 Holbrooke, Hon. Richard C., former U.S. Ambassador to the United Nations, counselor, Council on Foreign Relations, New York, NY ...... Prepared statement Letter to President Bush from Senators Biden and Lugar regarding Iraq, dated September 10, 2002 McFarlane, Hon. Robert C., former National Security Advisor, chairman, Energy & Communications Solutions, Washington, DC Prepared statement ......... USA Today/CNN/Gallup Poll, September 23, 2002—Questions on Invading Iraq ... 12 14 30 THURSDAY, SEPTEMBER 26, 2002 52 56 109 110 87 Albright, Hon. Madeleine K., former Secretary of State, chairman, National Democratic Institute, Washington, DC ..... Prepared statement Biden, Hon. Joseph R., Jr., U.S. Senator from Delaware, prepared statement Helms, Hon. Jesse, U.S. Senator from North Carolina, prepared statement “In Iraq's Arsenal: Nature's Deadliest Poison,” article by Steve Sternberg, USA Today, September 26, 2002 ..... Kissinger, Hon. Henry A., former Secretary of State, CEO, Kissinger Associ- ates, Inc., New York, NY Prepared statement Letter to Particia A. McNerney, Republican staff director, from Ryan C. Crocker, Deputy Assistant Secretary of State for Near Eastern Affairs, dated May 29, 2002 ......... Powell, Hon. Colin L., Secretary of State, Department of State, Washington, DC ........ Prepared statement Response to additional question for the record from Senator Biden 58 61 74 111 118 158 (III) NEXT STEPS IN IRAQ WEDNESDAY, SEPTEMBER 25, 2002 U.S. SENATE, COMMITTEE ON FOREIGN RELATIONS, Washington, DC. The committee met, pursuant to notice, at 2:15 p.m., in room SD–419, Dirksen Senate Office Building, Hon. Joseph R. Biden, Jr. (chairman of the committee), presiding. Present: Senators Biden, Dodd, Kerry, Feingold, Wellstone, Boxer, Bill Nelson, Rockefeller, Helms, Lugar, Hagel, Chafee, and Brownback. The CHAIRMAN. The hearing will come to order, please. Good afternoon. In late July and early August, this committee held 2 days of hearings on U.S. policy toward Iraq, and our purpose was to begin a national discussion of that policy and to raise some of the difficult questions surrounding any consideration of the next step. We heard from a broad range of expert witnesses, and in the weeks since prominent Americans with decades of experience in foreign policy and national security policy have spoken out, and so has the Bush administration in public statements, in hearings be- fore the Congress, and President Bush's powerful speech in the United Nations General Assembly. As a result, I believe there is an emerging bipartisan consensus on the basic principles for moving forward on Iraq, and rather than give this entire statement that I have, let me suggest that I am of the view, and speaking for myself, that no matter how well con- ducted, foreign policy cannot be sustained without the informed consent of the American people. I personally am looking forward to the President shortly going to the Nation, as he went to the United Nations, and making the case for what he wishes to do relative to Iraq. He made a compelling case in the United Nations as to why Iraq has violated the United Nations' own rules, principles, and sanctions, but that is not suffi- cient, in my view, nor do I believe the President believes it is suffi- cient to convince the American people as to what we must do. It is one thing to lay out the threat. But we need a clear, un- equivocal statement of what the U.S. objective is in Iraq. Is it weapons of mass destruction? Is it regime change? Is it return of Bahraini prisoners? What is it? Why has—and I believe I am in- clined to believe it has, but why has the policy of containing Sad- dam failed? What is the urgency? What are the regional consider- ations? What should we be prepared for? What is likely to occur in the mind of the President, and what about–Senator Lugar and I sent an extensive letter to the President prior to his speech before (1) 7 Iraq, especially if protracted, could metastasize into wider conflict between Arabs and Israel. It is, in my view, irresponsible for people, some of them closely allied to the administration and purporting to speak for it, to talk of the war as a "cake walk” or a quick trip to Baghdad. They may be right, and, like all Americans, I hope this will be the case if war comes, but such language, Mr. Chairman, such language demeans and insults the risks that brave young American men and women will face and are already facing in Afghanistan and the Balkans, and the casualties that will inevitably take place, even under the best of circumstances. I defer, of course, to several members of this committee whose courage under fire in Vietnam is a matter of record, but as a vet- eran of 342 years as a State Department civilian working alongside the military in the Mekong Delta and in Saigon, as an eye witness to war and its horrors on two other continents, I must stress the obvious, war is truly hell. There is nothing noble or heroic about its consequences. Even though it can bring out the best in people, it can also bring out the worst. If war comes, let us go forward with a sober appreciation of its horrors, its waste, its costs. Let me turn now, finally, to the draft resolution itself. I note that in transmitting it to the Congress, the White House invited a full and frank discussion over the draft wording. As Chairman Biden already noted earlier this week, it is just a draft. The last time such a draft came up right after September 11, changes were made in a bipartisan spirit. I believe the current draft proposal from the administration would, indeed, need to benefit from the same action by you and your colleagues, although I hope that it will be as rapid as possible. Let me offer four initial specific suggestions for improvement of the draft before you, and I think there may be many others, but I would like to offer you four. First, and most important, I believe the authority requested in the final sentence, section 2, is too broad, specifically in regard to the third phrase, which would au- thorize the President to use all means to “restore international peace and security in the region.” This phrase, which I believe is taken out of context from para- graph 34 of U.N. Security Council Resolution 687 of 1991, has a different meaning in the draft resolution before you than it had in Security Council Resolution 687. It is far too broad. It amounts to virtual blank check authority. Resolution 687 clearly referred only to the preceding paragraphs of that specific Security Council reso- lution. The region referred to in Security Council Resolution 687 meant Kuwait and Iraq and, Mr. Chairman, I checked this with Ambas- sador Pickering when he realized he could not be here today. He was the Ambassador in New York at the time it was passed. He was absolutely clear that that phrase in Resolution 687 meant only Iraq and Kuwait, and I would like to offer that to you as you delib- erate. In the draft before you, however, the phrase could mean any- thing at all, and I strongly endorse the concerns addressed by Sen- ator Feingold and some of his colleagues. The phrase should simply be removed. Refining it, which is an option, is simply too cum- 10 that included a fifteen percent reduction in U.S. dues to the UN. Yet despite the best efforts of Senator Biden, Senator Helms, and many of you, the Congress has still failed to release the remaining $244 million due in the third round of the effort to pay down our arrears. I mention this issue for a reason: in order to lead, in order to assemble inter- national coalitions for action—as President George H.W. Bush did in 1991–ground- work must be laid through efforts like the collaborative Helms-Biden reform effort. Without the success of that effort, we would now be facing an arrears of such mag- nitude that Secretary Powell's efforts would be weakened. Yet some still do not see that the United Nations, with all its flaws, is still indispensable, and serves our na- tional interests far more often than it weakens them. This is especially true if the United States, instead of ignoring the UN, works to strengthen it through strong leadership. Let me now turn to the question of America's national security goals in this un- folding drama. The last Administration supported regime change as a legitimate policy goal. This was a change from the position of the first Bush Administration, and one that I fully supported. I would point out that, after Kosovo and the indict- ment of Slobodan Milosevic by the International War Crimes Tribunal, we adopted a similar goal regarding Milosevic, and carried out a policy of isolation, covert and overt assistance to his opponents, and—with the decisive involvement of the Serbian people—succeeded. Saddam is even more dangerous than Milosevic, given his con- tinuing quest for weapons of mass destruction. Left alone, he will only seek to be- come stronger, and thus a greater threat to the region and beyond. Hence, I accept the argument that once the goal of regime change is established, the United States should work to achieve it. Having agreed that regime change is desirable—even necessary-does not, how- ever, go to the question of means. If events take a fortunate turn, the people them- selves may rise up and remove a dictator after massive international pressure and isolation. Although in the last seventeen years this has happened, in one form or another, in such diverse places as the Philippines, Romania, and Yugoslavia, we all understand that it is virtually inconceivable in Iraq. There is perhaps a somewhat higher chance that an individual acting alone, or a small group of people with direct access, might take action to eliminate a tyrant whose behavior threatens their own survival. This is, in fact, the situation today in Iraq: the entire Iraqi military surely must recognize that it will be destroyed—and probably quickly-if events follow their present course to its logical conclusion. Yet even as we hope for such an out- come, we cannot base policy on it; that would be substituting prayer for policy, never a good approach to a serious venture. Still, it is tempting to entertain the hope, before moving on to more realistic—and more difficult-scenarios. This brings us back to the use of force to achieve our goals. If all else fails, collec- tive action against Saddam is, in my view, justified by the situation and the record of the last decade. While we talk of airtight weapons inspection-no notice, any- where, anytime and disarmament, we must recognize that once launched on a course for either of those objectives, the chances for a military conflict go up dra- matically, since Saddam is unlikely to comply fully. So we should not deceive our- selves on this point: we are talking today about a very possible war. And once start- ed, that war will have as its objective, whether stated or not, a change of regime in Baghdad. It is highly unfortunate that some advocates of regime change have talked in terms of “going it alone” or the need to act “unilaterally” or proclaimed an alleged new doctrine of pre-emptive war. In fact, the United States will not be alone in such a campaign, as Secretary of Defense Rumsfeld stated last week. In addition to the British, whose Prime Minister, Tony Blair, deserves enormous praise for his staunch and eloquent support of the United States, I believe that Turkey, the indispensable NATO ally, will be supportive, as well as several other key nations that will find ways to assist a campaign without compromising their own domestic situation. I also believe that the odds favor a successful outcome against Iraq, and, as Sen- ator John Kerry has written, probably rather quickly. The deterioration of the Iraqi military since 1991, and the vast improvement in the American military, which I have seen first hand over the last several decades, suggests that success should be readily achievable. However, in the fog of war terrible things can happen. There is a real danger, which we should not ignore, that what starts as a war against Iraq, especially if protracted, could metastasize into a wider conflict between Arabs and Israel. It is irresponsible for people, some of them closely allied to the Administra- tion and purporting to speak for it, who talk of the war as a "cakewalk” or a quick rush to Baghdad. They may be right, and like all Americans I hope this will be the case if war comes. But such language demeans and insults the risks that brave young American men and women will face, and are already facing in Afghanistan 11 and the Balkans, and the casualties that will inevitably take place even under the best of circumstances. I defer, of course, to several members of this Committee whose courage under fire in Vietnam is a matter of record. But, as a veteran of three years as a State Department civilian working alongside the American military in Vietnam, and a eyewitness to war and its horrors on two other continents, I must stress the obvious: war is truly hell. There is nothing noble or heroic about its con- sequences, even though it can bring out the best in people; it can also bring out the worst. If war comes, let us go forward with a sober appreciation of its honors, its waste, its costs. Let me turn now, finally, to the draft resolution itself I note that in transmitting it to the Congress, the White House invited a full and frank discussion over the draft wording. As Chairman Biden noted already, it is just a draft. The last time such a draft came up, right after September 11, changes were made in a bipartisan spirit. I believe that the current draft proposal from the Administration could ben- efit from the same action, although I hope—and I urge—that it be as rapid as pos- sible. Let me offer at least four specific suggestions for improvement: • first, and most important, I believe that the authority requested in the final sentence (Section 2) is too broad, specifically in regard to the third phrase, which would authorize the President to use all means to "restore international peace and security in the region.” This phrase, which I believe is taken out of context from paragraph 34 of UN Security Council Resolution 687 (1991), has a different meaning in this draft resolution than it had in 687. It is far too broad-amounting to a virtual "blank check” authority. Resolution 687 referred, clearly, only to the preceding paragraphs of the Security Council resolution; the region referred to in 687 meant Kuwait and Iraq. In the draft before you, it could mean anything, and I strongly endorse the concerns expressed by Senator Feingold and some of his colleagues. This phrase should simply be removed; re- fining it, which is an option, is simply too cumbersome and unnecessary. Your resolution should focus clearly on Iraq—nothing else. • second, I believe the resolution should contain a statement of strong support for the efforts of the president, the Secretary of State, and their colleagues to achieve a satisfactory Security Council resolution. This would emphasize the im- portance of the Security Council and show our unity to the nations now wavering over this issue. • third, I would suggest that you add a reporting clause, requiring the Adminis- tration to inform and consult the Congress on a very timely basis, perhaps as frequently as every month, in writing, and even more frequently in closed and highly confidential meetings, as they proceed. The Administration should not be left with the ability to say that if this resolution passes, they have discharged their obligation to consult and inform Congress, as President Johnson did after the Gulf of Tonkin resolution in August 1964. • fourth, I would strongly urge you to add a section concerning the importance of post-conflict reconstruction in Iraq as part of a broad new policy towards the region. Since the story of Afghanistan is not entirely satisfactory on this point, to put it mildly—and since some people are already suggesting that reconstruc- tion can be done either by other countries or simply through the Iraqis using their own oil revenues, it is important to make clear that the job is not over simply if Saddam is replaced by someone else. A successor might be almost as bad, or bad in a different way. Chaos could follow. The material for Weapons of Mass Destruction could fall into the wrong hands. We do not want to see Iraq become a safe haven for other forms of terrorists, as happened in Afghanistan after the United States turned its back on the country in 1989. That mistake- second only, in my opinion, to letting Saddam survive in 1991—created the con- ditions that led to Osama bin Laden and the Al-qaeda network setting up shop in Afghanistan. I would recommend, therefore, that you add to this resolution language making clear that the post-Saddam structure in Iraq is of continuing concern to the United States, not only in Baghdad but also in the south and in the Kurdish north. These groups must not be betrayed and slaughtered again. The time to make that clear is now—before anything begins on the battlefield. Mr. Chairman, that concludes my opening statement. I look forward to entering into a dialogue with you on this momentous occasion. 12 The CHAIRMAN. Thank you very much for being here. Mr. McFar- lane, thank you for being here. It is good to have you back before the committee. STATEMENT OF HON. ROBERT C. McFARLANE, FORMER NA- TIONAL SECURITY ADVISOR, CHAIRMAN, ENERGY & COMMU- NICATIONS SOLUTIONS, WASHINGTON, DC Mr. MCFARLANE. Thank you, Mr. Chairman. I am deeply hon- ored to be invited to participate in your deliberations on the deci- sion to go or not to go to war, deeply honored always to be party to the deliberations of this great body. My father served in the other body, but I have had the honor of serving at the Armed Serv- ices Committee under the leadership of Chairman Stennis, Senator Goldwater, Senator Jackson, giants of this body. I come today as one who was deployed in the Gulf of Tonkin in 1964, and shortly thereafter commanded a unit of the first landing of American forces in Vietnam. That landing occurred under Presi- dential authority, endorsed by the U.S. Senate. The events leading up to our engagement there, specifically the fraud that was per- petrated on this body and on the American people, profoundly af- fected American attitudes toward launching war and, since that day, and in the ensuing decades, the mistrust stemming from our ill-conceived entry into that conflict has resulted in sustained seri- ous introspection concerning why and how we decide to go to war. We live in a world, not to say a community of nation states that coexist, compete, covet, and conspire to survive and prosper. Through centuries of struggle, we have conceived doctrines, de- fenses, dogmas designed to settle disputes among states peacefully: concepts like mediation, arbitration, arms control, collective secu- rity have all been tried and have often succeeded in reducing ten- sions and settling disagreements. To be fair, even the failures of one or another of these frame- works have been useful, for they have added to our knowledge of what works and what does not work and, thus, they move us closer to building an international system that can be effective in settling disputes peacefully. But we are not there yet. Disputes and vio- lence among nation states seem to be inevitable for as long as the lust for power and hubris remain unchecked by institutions and popular governments, and that is what brings us here today. Today and for the past generation we have faced a threat from Saddam Hussein that has proven resistant to all of the bodies, the systems, the frameworks, the creations of architecture and statecraft that we have devised. The threat is posed by weapons of mass destruction in the hand of a monomaniacal despot bent upon regional domination, with all that such domination would imply for nations throughout the world. Today, in Iraq, there are chemical and biological weapons and systems to deliver them on the shelf that could be used to kill tens if not hundreds of thousands of people in the region and beyond. History tells us that Saddam Hussein also has the will to use these weapons, and has done so. In short, we face a man with the means and the willingness to attack his neighbors and us. Through the years, through trial and error in the use of these several efforts at dispute resolution that I have described, we have 13 begun to distill a few rules about going to war, and we have begun to establish a few of them in custom and practice, although not in law. The one that is most shared among nations is the notion that force ought not to be used except as a last resort, and before resort- ing to it, states should exhaust all of the nonviolent alternatives. For the past 6 weeks, that is what President Bush has been doing. Together with allies, he has presented the factual record of Saddam Hussein's successful drive to attain chemical and biological weapons and the means to deliver them. He has made the case for action to deal with this clear and present threat to the peace as called for in the United Nations charter. Within weeks, the coming weeks, he will have made the case at the United Nations, made the case with the U.S. allies, before the U.S. Congress, and I believe before the American people, for taking action to constrain once and for all the ruthless ambitions of Sad- dam Hussein. I agree with Ambassador Holbrooke that to move forward in this action does not require a new U.N. resolution. Indeed, to insist on yet another one in the face of the violations and persistent abuse that we have seen in the past 10 years is to devalue the importance of a U.N. resolution. In calling for action, I recognize that some have called launching a war today against Iraq preemption. I disagree. Preemption im- plies precipitous action taken without warning against an evident threat without affording the threatening country an opportunity to cure the grievance. This is surely not the case with Saddam Hus- sein. For 20 years he has been afforded the opportunity to dem- onstrate a change in the aggressive behavior expressed in his inva- sion of Iran and of Kuwait, his repressive brutality against his own people, and his obvious ambition for regional hegemony. Clearly, however, a launching of a war in Iraq will establish a precedent that we cannot want to see emulated by others, without fulfillment of accepted principles. I am confident that the President and his administration are focused on that very issue, and that the relevant criteria to justify a preemptive attack will be enunciated in the days ahead. They will include in my judgment, among others, transgressions such as we are seeing in Iraq in recent history, a history of aggres- sion against neighbors, unchecked power within Iraq, and the pos- session and the will, the military means to inflict mass casualties, the ability and readiness to use them on short notice. It is a measure of moral strength in our society that we place a very heavy burden of proof on our government before it launches a war, but this forbearance does come at a price, a price measured in the growing risk of attack by Iraq as we continue to explore al- ternative means. It is never easy to judge how much lost time and risk is prudent. Our modern tendency to hold out hope beyond all reasonable expectations was born in an era when the threatened action would not have been catastrophic. Today, however, the price of error is much, much higher, measured in horrendous loss. Mr. Chairman, in light of this history of aggression and brutality, of willful violation of United Nations resolutions and obstruction of its inspectors, with evidence of an extant and growing arsenal of mass destruction systems and a willingness to use them, and hav- 14 ing used all alternative means at hand to avoid conflict, we must now act. To do so is not to preempt. Far from it. It is to do our duty. It is to vindicate the trust of generations before us to act with prudence and deliberation to defend our values, our people, and our way of life. What specifically should we do? The President should shortly complete the deliberate process of consultation with the Senate and the House, he should complete his consultations and efforts to en- gender support and cooperation among allies, and he should con- tinue to work with the United Nations to engender its support and understanding. We should then stage our forces in the countries that Ambas- sador Holbrooke just mentioned, and gulf states that I believe will be ready to provide all the staging we need, and then we should move deliberately to seize and hold Baghdad and, as necessary, to neutralize the Republican Guards and organize Iraqi forces to de- stroy the systems of mass destruction and to be prepared to under- take the long building process to establish the institutions of gov- ernment worthy of the name and the renewal of the Iraqi economy. I join with Ambassador Holbrooke in lamenting the betrayal the United States inflicted on Afghanistan 12 years ago, and of the awful price we payed for that betrayal to a country that achieved historic victory for us in the cold war. To have left it in ruins with 1,000 dead, 3 million refugees, infrastructure destroyed, and not to have even cared enough to leave people on the ground to determine if some day we might become threatened once again ourselves, rep- resents a betrayal of historic proportion and ignorance begging cre- dulity. I appreciate the opportunity, Mr. Chairman, to join you today, and look forward to your questions. [The prepared statement of Mr. McFarlane follows:] PREPARED STATEMENT OF HON. ROBERT C. MCFARLANE, FORMER NATIONAL SECURITY ADVISOR Mr. Chairman, I appreciate the opportunity to testify before the committee today. I come as one who was deployed in the Gulf of Tonkin in the summer of 1964 and soon after commanded a unit in the first landing of U.S. forces in Vietnam under presidential authority endorsed by the United States Senate. The events lead- ing up to our engagement there-specifically the fraud that was perpetrated on this body and our people-profoundly affected American attitudes toward launching war since that day. In the ensuing decades the mistrust stemming from our ill-conceived entry into Vietnam has resulted in sustained, serious introspection concerning why and how we decide to go to war We live in a world-not to say a community-of nation states that coexist, com- pete, covet and conspire to survive and prosper. Through centuries of struggle we have conceived doctrines, defenses and dogma designed to settle disputes among states peacefully. Such concepts as mediation, arbitration, arms control, and collec- tive security have been tried and often have succeeded in settling disagreements. And to be fair, even the failures of one or another of these mechanisms have been useful for they have added to our knowledge of what works and what doesn't and thus lead us closer to a system that is truly capable of keeping the peace. But we aren't there yet. Disputes and violence among states seem to remain inevitable for as long as lust for power and hubris remain unchecked by institutions and popular governance. And that's what brings us here today. Today and for the past generation we have faced a threat from Saddam Hussein that has proven resistant to all of the bodies, systems and architecture of statecraft we have devised. This threat is posed by weapons of mass destruction in the hands of a monomaniacal despot bent upon regional domination with all that such domina- tion would imply for nations throughout the world. Today in Iraq there are chemical 16 Moreover, you would help assuage international concerns that the current unsettled situation in Afghanistan may be replicated in Iraq, with far greater strategic consequences.” [The letter referred to follows:] UNITED STATES SENATE, Washington, DC, September 10, 2002. The PRESIDENT The White House DEAR MR. PRESIDENT: Thank you for meeting with us last week to begin a dialogue on Iraq. We very much appreciate the spirit of the meeting and your desire to engage Congress, the American people and the international community in this critical discussion. We were pleased to learn that you intend to seek authorization from Congress prior to any use of force by the United States Armed Forces to ensure Iraq's disarmament. Mr. President, we share your conviction that the combination of Saddam Hussein and weapons of mass destruction poses a significant threat to Iraq's people, its re- gion and the world. Simply put, either these weapons must be dislodged from Iraq, or Saddam Hussein must be dislodged from power. Last month, the Senate Foreign Relations Committee began hearings on Iraq and heard from a broad range of expert witnesses. In the weeks since, prominent Ameri- cans with decades of experience in foreign and national security policy have ex- pressed their views. In the weeks to come, we look forward to hearing from the in- telligence community and policy officials of your Administration in hearings before Congress and from you in the case you make to the American people and the inter- national community. Mr. President, based on what we have heard to date, there is not yet a consensus on many critical questions. For example, what is the likelihood that Iraq would use its weapons of mass destruction against us, to deter us or to supply terrorists? What are Iraq's links to terrorist groups, including those responsible for the attacks of September 11, 2001? Can Iraq be disarmed without the use of force? Would attack- ing Iraq precipitate the very thing we are trying to prevent: the use of weapons of mass destruction against us or countries such as Israel? Can we shift substantial resources to the Iraqi theater without compromising the war on terrorism in many other areas? What would be our obligations to a post-Saddam Iraq militarily and economically? It will be impossible to answer these questions with certainty in ad- vance; however, they must be part of the calculus you make in weighing the various courses of action. Despite these uncertainties, in our judgement there are several principles that al- ready enjoy broad bipartisan agreement and that would maximize the opportunities for success while minimizing the risks as we move forward on Iraq. We urge you to embrace them. First, the United States should pursue a policy that has. broad international sup- port. Such support is desirable for both substantive and political reasons. Our allies around the world and our friends in the region have important, and possibly even necessary contributions to make to the effort to disarm Iraq. We may need their support for any initiatives we take at the United Nations. Should we pursue mili- tary action, we will want them with us and, at a minimum, require basing and over- flight rights from several countries. If, in the course of disarming Iraq, we end Sad- dam Hussein's regime, a massive rebuilding effort will be required that the United States will not want to shoulder alone. We also depend on the active and continued cooperation of many allies in the unfinished war against terrorism. In short, build- ing international support for our Iraq policy must be a priority. Second, we should make it clear that Iraq is the world's concern, not just our own. For more than a decade, Saddam Hussein has flaunted the will of the international community, breaking solemn obligations to disarm. These obligations were made not to the United States, but to the United Nations. In your speech to the General As- sembly this week, we urge you to seek a new Security Council mandate requiting Iraq to accept an unconditional weapons inspections regime that gives inspectors the power to go anywhere, anytime. It could set a deadline for Iraqi compliance and make clear that any failure by Iraq to comply will result in the mandate's enforce- ment. Although we recognize that it will require difficult diplomacy, we believe your Administration can succeed in gaining international support-much as President George H. W. Bush did before the Gulf War. Such a mandate would have the merit 18 only choice, because I think it would be a choice so deleterious to the national interest. The CHAIRMAN. I happen to agree with you. I think that it would be a gigantic mistake, as I indicated to the President when he asked. The last thing the President needs is like that old joke, “the board voted 5 to 4 for your speedy recovery.” That is not what is needed here. Let me ask you a second question, then. You indicated it is in the national interest to get Security Council approval for the use of force. Why is it in the national interest? It seems self-evident that it is. Why do you say it is so clearly in the national interest? Ambassador HOLBROOKE. It is in the interest, but it is important but not essential. I want to underscore that. President Clinton and the previous administration took military action in the Balkans twice without Security Council resolutions and, unlike the current situation, where there are at least a dozen resolutions already on the books being violated, so you do have a basis for action without a new resolution. There were none in regard to Milosevic. Now, why, therefore, do I think it would be important? And here Secretary Baker has written about this quite eloquently in the New York Times, because the circumstances we are now contemplating are somewhat new. It is a new situation. We are on the edge of war, and when you go into an undertaking as serious as this, it is very important to have support. Now, in that regard, Mr. Chairman, let me make a point which I know that no committee in the Congress is more familiar with than yours, because around this very table a rather historic photo was taken 2 years ago which I have on my wall, and I know you do, where you and Senator Helms accompanied by Senator Warner and Senator Levin, and many of the people here today, posed with all 15 members of the Security Council, a photograph never taken before and not replicated since. The fact is that the United Nations Security Council, while it is not in a position to declare itself the only authority that can legiti- mize the use of force, and here I agree with Senator Helms' open- ing comment, is nonetheless the body in the world, the only body in the world that has the stature and authority that makes a dif- ference. Let us take two specific examples, Saudi Arabia and Turkey. Both countries would love to see Saddam removed. Both countries for different reasons will be in a much stronger position to assist the United States, if the venture must begin, if there is Security Council approval. That is true for Kuwait, Bahrain, Qatar, France, and all our other allies in NATO. The CHAIRMAN. My time is about up. How long are we going to have to stay if we go? Ambassador HOLBROOKE. I cannot answer that question. The CHAIRMAN. Give me your estimates. Ambassador HOLBROOKE. Mr. Chairman, we discussed this in re- gard to other areas. I do not believe in exit strategies. I believe in defining the mission, not setting deadlines, and then getting the job done, and what Bud McFarlane and I are both saying, if you un- dertake a venture and you are the world's leading country, you just have to damn well see it through. We have troops in Korea 49 19 years later. We have troops in Bosnia 7 years later. We had troops in the Sinai for a quarter century. We can afford this if it is in our national interest, and I would never guess a question like that. I do not think we should put a time limit on it. The CHAIRMAN. My time is up. Is it fair to say you are saying we would have to stay, whether it is a day or 20 years, we would have to stay as long as it took to secure and stabilize that nation? Ambassador HOLBROOKE. I think that is fair to say. If we under- take this venture, we cannot walk away from it like we did from Afghanistan or Iraq in 1991. The CHAIRMAN. Senator Helms. Senator HELMS. Mr. Ambassador, the United Nations has passed, I believe, 16 resolutions pertaining to Iraqi conduct. Is that about right? Ambassador HOLBROOKE. Yes, sir. Senator HELMS. With the exception of very limited air and cruise missile strikes, as well as increasingly loosened sanctions, there has been no serious effort to compel Iraqi compliance, has there? Ambassador HOLBROOKE. The Iraqis have defied the resolutions and the inspectors withdrew 3 years ago, and since then it has been a stalemate. There have, however, been very strong efforts to enforce the sanctions and the economic limits. The Iraqis cheat, but there is not any question that these have had an effect. Senator HELMS. What do you think is the threshold beyond which a failure to enforce these resolutions undermines the United Nations' credibility and at the same time endangers U.S. national security? Ambassador HOLBROOKE. I think that if Iraq defies the resolu- tions they have weakened the importance of the Security Council, and they have defied them in the past. Now, not all the 16 resolutions involve weapons of mass destruc- tion. Some involve prisoners of war from Kuwait and so on, those are the second tier. No one should think we should go to war with Iraq because they are still withholding information on Ku- waiti POWs, but the core resolutions, and there are probably at least 10 of those, are quite serious and fundamental. Senator HELMS. I had a friend who called me from Raleigh the other day and he said, “how many resolutions has the United Na- tions already done,” and I said, I think it is 16, but I stand to be corrected. Ambassador HOLBROOKE. It is 16, but you will notice that in the resolution the administration sent to you they only listed 11, so they dropped 5 resolutions as being below the threshold that rises to this seriousness. Senator HELMs. Well, back to my question. Why do we even need an additional resolution? Ambassador HOLBROOKE. Well, as I said, Mr. Chairman-excuse me, Senator Helms, but I will always think of you as the chairman. As I said in my opening statement, it is highly desirable, but not essential, because the basis for collective action exists already. I know that is a very difficult answer for some of my friends on this committee, but it is my deepest considered opinion, and I want to put it in four words, desirable but not necessary. SO 20 Senator HELMS. I think maybe it ought to be mentioned here sometime, I know the chairman knows it and other Senators prob- ably do too, that it is my understanding that negotiations are, in- deed, going on between House and Senate bipartisan leadership with the White House, and I think that is of some interest in con- nection with the questions we are asking and you are answering. Do you agree, Mr. Ambassador, that the United States' national se- curity interests are better protected through the use of these so- called coalitions of the willing? Ambassador HOLBROOKE. Yes. You know, in practical terms— and my colleague, who served in the military, on the witness stand with me can attest to this. In practical terms, the going alone op- tion is rhetoric. The military cannot get there without the support of some of the countries in the area and coalitions of the willing are always better than so-called unilateralism, and no matter how good our logistical lift, our intelligence, our communications, we are always better off and probably more than better off. It is essential to have the support of, at a minimum, the Turks for logistical reasons, somebody in the gulf for the same, and intel- ligence. Going into who is up to the Secretaries of State and De- fense. That is very sensitive and British political support has been extraordinarily valuable. So I think the answer to your question is clearly yes, and that is why we should not even think about so- called unilateralism. It is a kind of a macho phrase that may sound good in a talk radio show, but it is not a meaningful phrase to mili- tary planners. Senator HELMS. Let me turn to Colonel McFarlane, and by the way, I join Joe in welcoming you to the committee. It is good to see you again. Mr. McFarlane, Saddam Hussein has a track record of manipu- lating United Nations inspection demands as a way of buying time. Even now, he is repeating his antics of 1998, claiming to accept in- spections while he is throwing up roadblocks to their success and dispersing his weapons programs. Now, assuming that many of the permanent members of the Se- curity Council believe that we need to go through this charade with Saddam, do you think we ought to put a date on the U.N. resolu- tion as an ultimatum? Mr. MCFARLANE. Senator Helms, I believe that we should not seek another resolution for the reasons that you have enumerated already. If 16 of them in the past have been violated and rejected, what promise is there, what prospect that yet another one is going to result in a different behavior? But I think we need to present that record to stress that renewed inspections hold little promise of better results, to point out that the existing ones authorize in- spectors to go back, but not to delude ourselves and to engage in the delaying tactics that are inevitable if we go down this road. Senator HELMS. By the way, before I use all my time, for the in- formation of the committee, I believe most of us know this, the con- ference report on the State authorization bill that releases the final $244 million and should pass the Senate this afternoon or tomor- row without any glitches, this will fully implement the Helms- Biden U.N. reform bill. I think that ought to be made a matter of record. 21 Ambassador HOLBROOKE. That is very good news, Senator. Senator HELMS. I yield back the balance of my time. The CHAIRMAN. Senator Feingold. Senator FEINGOLD. Thank you, Mr. Chairman. Let me also add how good it is to see the ranking member back here again at the hearing. I would like to thank the ranking member and the chairman for convening these hearings on Iraq, which promise to be excellent fol- low-ons to the hearings this committee held in July and August. I attended all or part of the five panels of those hearings, and I am glad I did. In August, I then traveled around my home State of Wisconsin listening extensively to my constituents' views on Iraq. I actually held 21 town meetings, and for the first time ever, in ad- dition to health care, concerns on foreign policy and, in particular, Iraq, led the list of concerns. I attended numerous briefings and read countless reports from a variety of sources. I tried to listen carefully to the administration, and have read quite closely the proposed resolution authorizing the use of force that the administration sent to Congress last week. Mr. Chairman, after all of this, I still do not have answers to some fundamental questions. I remain extremely troubled by the administration's shifting justifications for going to war in Iraq. I re- main skeptical about the need to take unilateral action now, and to accept all of the associated costs of that decision. I remain un- convinced that the administration has thought through the poten- tial cost and challenges of post-conflict reconstruction in Iraq, or even thought through how to address the issue of weapons of mass destruction once an engagement begins, and I am surprised and disappointed that, after months of heated rhetoric, the administra- tion could not yet manage a more thoughtful and focused proposal than the language we received last week. Mr. Chairman, I also remain deeply concerned about Iraq's weap- ons of mass destruction program. I reject the assertion that dis- agreeing with the administration means resigning ourselves to doing nothing. I would like to work with my colleagues and with the administration to address this threat in a focused and serious way that serves our national interest, including our interest in con- tinuing to work with other countries around the world to fight ter- rorism. In the end, the use of force may well be required, but to date what the administration is proposing does not make the grade. The message is confused, the vision hazy, the assurances facile. We are making decisions that could send young Americans to war, deci- sions that could have far-reaching consequences for the global cam- paign against terrorism and for America's role in the world in the 21st century. I think it is reasonable to demand policy that makes sense. Perhaps this hearing can help point the way to such policy. Our witnesses today are distinguished and thoughtful, and committed to working in the best interests of the country, and it has always been a great pleasure to work with my friend Ambassador Holbrooke and, of course, to see him here today. Mr. Chairman, in terms of questions, let me begin by asking Am- bassador Holbrooke, what would you say are the historical prece- 23 have you. a time when we should have been focused on the specific threat. And I do not know why it was done, and it does not help us inter- nationally, and I think it confuses Americans. We will respond to any threat, and any President will act pre- emptively when he or she has to, but why declare a doctrine which is unnecessary? It always was there, as those of you who partici- pated in the debate over “no first use” will remember. This com- mittee held many hearings on the issue. The funny thing, Senator Feingold, is if you take away the rhet- oric and the controversy, I do not think it amounted to much, but it was presented in such a dramatic way that it has muddied the discussion which we are having here today. Senator FEINGOLD. Thank you very much. The CHAIRMAN. I could not agree with that statement more. Senator Lugar. Senator LUGAR. Mr. Chairman, I want to use a portion of my time to just discuss two or three issues. The first one is one that you raised, and I think is very important, and that is, how is the resolution going to be formulated, who will debate it, and what Let me respectfully make a suggestion that the chairman work with the leadership of the Senate, Senator Daschle and others, to gain jurisdiction for this committee for 1 week with regard to this resolution. This will not delay, as I understand, the work of the Senate in terms of the bills that are now on the floor, but it would firmly establish the jurisdiction of the committee and give Mem- bers an opportunity to participate, and I will support that with Senator Lott. I would say to the chairman that there was a small meeting this morning involving Senator Lott. I attended the meeting, Senator McCain was there, and Senator Santorum, and in essence I made some suggestions to him that he did not indicate that he would ac- cept them, but he was going to discuss them with members of the administration. The CHAIRMAN. Without taking out of your time, let me respond, because this is so important. I share the Senator's view. I did not formally make the request. I raised that as the appropriate way to proceed. I was informed that either the combination of the administration, or the administration and the joint leadership concluded that no one should be in on the negotiations other than the Speaker of the House, the majority leader and the minority leader in the House and the majority leader and minority leader in the Senate and their staffs. I think that is a mistake. I suspect it is a growing sen- timent in my caucus, I may be wrong, that it should go through this procedure. It would not be unduly delayed, I happen to agree with you. I cannot guarantee the outcome. Senator LUGAR. The second suggestion follows from the letter you read that the two of us wrote to the President, and I want to spell out again the importance, I think, not only of the President speaking to this, to the American people, but of all of us of trying to think through the cost of the war and the peace. Now, people are making tries at this. Larry Lindsey, the chair- man of the Council on Economic Advisors, suggests $100 billion. 28 ate very narrowly, by one vote, endorsed the President's action. I think the Senate was acting in its traditional mode of care, perhaps looking back to the Gulf of Tonkin resolution in which an open- ended authority was abused, and consequently endorsed the lim- ited action of rejecting or expelling from Kuwait and restoring the territorial integrity of Kuwait as the extent of authority. Senator BOXER. I get your point. You are saying the resolution was limited. I would just make the point that the big debate in the Senate actually, and in the House where I was, was whether there ought to be 60 more days of sanctions before force, but I do not have time to get into it, and I appreciate your answer. Let me get into a couple of other questions. I see the yellow light is on. Mr. Ambassador, in your editorial that you wrote, which I thought was very strong, on August 27, you said, “a campaign against Saddam Hussein cannot be waged without allies,” and in the resolution that was sent up there is no reference to doing this with allies whatsoever, and I want to ask you two questions, then I will yield. My understanding is that some in Tony Blair's cabinet backed the use of force for Britian to be involved if there was another U.N. resolution, and through that resolution the use of force. That is my understanding of what Britain did. Do you feel, am I accurate on that point? Ambassador HOLBROOKE. I do not know. Senator BOXER. And then second, do you think we could strengthen the resolution if we talked about working with our al- lies, because the one thing I know from my people back home, they do not want us to do this alone. The blood, the treasure, it all and I think they want to see that we have allies with us, and yet there is no mention, and you did not mention it as you picked over the resolution. Ambassador HOLBROOKE. I share your point. I suggested four changes in the resolution, one deletion, three additions. What you are essentially proposing is a fifth, an addition which stresses the importance of allies. There is a very revealing poll in yesterday's USA Today, whereby an overwhelming majority of the American public would be willing to see U.S. troops in an effort to deal with Saddam if we had allies, if the Congress approved and if the Secu- rity Council supported it. The more amazing thing was that, given the same option U.S. troops in Iraq absent congressional support, absent allies and ab- sent the Security Council, there was a swing of 30 to 40 points. I have never seen such a swing on an issue like this, and this would reinforce your point, Senator Boxer. The CHAIRMAN. Would you say that again? Ambassador HOLBROOKE. Yesterday's USA Today has a very re- vealing poll in which by margins of something like 68 to 30—do not hold me to the exact numbers, Mr. Chairman—the American public said they would support an attack on Iraq with American ground troops if there was congressional support. A second question, if there is U.N. Security Council action, the same margin, if there are allies, the same margin, slight dif- ferences, and then the poll asked, would you support it without the 29 Congress, 35 to 60 no. Would you support it without the U.N. ap- proval, the same margin, no, without allies, the same margin, no. In other words, what Senator Boxer is saying is reinforced by, I think, the good common sense of the American public. They want to get rid of Saddam, as everyone on this committee does. They do not want to go it alone. The only nuanced difference between us, Senator, which you and I discussed privately, is whether a new Se- curity Council resolution is required or not, and I am bound by my previous comments on that and by my experience, but I think that we cannot go it alone, and that is why I wrote that article, and if you and your colleagues add an additional Therefore clause con- cerning the need for allies, I think it would help the administra- tion, but I cannot speak for them. Senator BOXER. Mr. Chairman, can I indulge you for 30 seconds more? The CHAIRMAN. Sure. Senator BOXER. In your first op ed piece you said, “existing Secu- rity Council resolutions will not be enough.” In your second one, you changed, but I agree with your first one, and let me just close by saying this. I agree with where the American people are today. Now, they may change. I agree with where the American people are today, and the difference between us, I say, Mr. Ambassador, is this: I would want to put working with our allies, working with the United Nations not in a Whereas clause, but in the actual Resolved clause, because sticking something in a Whereas clause does not mean anything, but if it is in the Resolved clause that we will do this through the United Nations, we will do this with our allies, we will not do it alone is a strong difference between where I am com- ing from, where the American people are coming from, which is right there, and where this administration is coming from with a blank check, which I could never support, and I appreciate the comments of both of you here today. The CHAIRMAN. For the record, since it was referenced, with the indulgence of my colleague from Nebraska, the question in the USA Today poll, “some people say they would support invading Iraq with U.S. ground troops only if certain conditions were true. For each of the following conditions, please say if you favor or op- pose invading How about if the United Nations supported invading? And 79 percent would favor. How about if the United States opposed invading? Only 37 per- cent would favor. Senator BOXER. The United Nations, or United States? The CHAIRMAN. I am sorry. Would you oppose or favor if the United Nations supported invading Iraq? And 79 percent said we would support invading if the U.N. supported invading. When asked if the U.N. opposed invading, only 37 percent said they would favor it, and so it is overwhelming clear, at least- Ambassador HOLBROOKE. Mr. Chairman, you might add, because I was trying to remember the same question on Congress and our allies The CHAIRMAN. It says if Congress supports, 69 percent in favor, if Congress opposes, only 37 percent favor, other countries partici- 83-463 D-2 31 There is something that does not quite fit with that kind of re- sponse. I do not know if your nose is up against the window, but the fact is, this is about as serious an issues as the Congress will ever debate. My question to you, Mr. Chairman, and maybe you could give us some sense of this, what was the procedure in 1991 when that resolution was passed? Did this committee have a role, or was it bypassed like this committee is being bypassed today? The CHAIRMAN. And again, this is not against the Senator's time for questions. When I go back and refresh my recollection, exactly what the sequence was, but there were three important points. One, initially Kuwait was invaded in August. The President as- serted he did not need congressional authority, and his Attorney General, who is actually a good friend and has helped me teach a couple of my classes, asserted that the war clause only was put there for the Congress to be able to declare war if the President did not, and that was literally asserted by the White House. And then I, along with several others, probably Senator Lugar, do not recall, insisted that that issue be litigated before the com- mittee, of the requirement, and we had constitutional scholar after scholar come and testify in open hearing saying the President must submit a resolution seeking approval. We solicited that resolution, and then President Bush did what I thought, quite frankly, was a very wise thing, and that is, he said, I do not want you to vote on this in the midst of congressional elections. He said, this should be put over until the congressional elections are over, even though it was more urgent then, in that there was a country invaded and occupied, and we had 250,000 troops amassing on the ground. He still said, I guess because of his experience as a combat veteran he still said, we should not vote now. And then we came back—we came back in January and voted after the election, and I cannot say to my friend with certainty whether or not the resolution of the President ultimately submitted in that interim period was once again before the committee or not. I do not recall. Maybe my friend from Indiana does. But the point is, there was considerable debate, because we did not vote in a highly charged electoral circumstance, but that was the sequencing. Senator HAGEL. Mr. Chairman, I appreciate that, and it may well be that we go back and examine that record as to how it was done in 1990 and 1991, especially in light of the fact that we are a few weeks away from an election, and this deserves the kind of thoughtful time and debate that I think the American public de- serve and, quite frankly, the world deserves. I am also astounded that those who know most about those issues, the ranking members of the Armed Services Committee, the Foreign Relations Committee, the Intelligence Committee—some are with us today—are not part of the process in writing or draft- ing or amending a resolution, and I would hope that whenever that resolution is taken up in the House and the Senate, that it will be the Members, the senior Members of this committee that will lead that floor debate, that will manage that bill. Now, with that said, Mr. Chairman, I want to ask a question of Ambassador Holbrooke. In his testimony he cites, I believe on page 35 been in refugee camps everywhere, I have been shot at, the whole works. The reason we have to contemplate it, in my view, although I agree with Senator Boxer, as a last resort, is that he will be more dangerous in the future. In 3 to 5 years he will be more powerful, and I do not agree that nothing has happened to bring it to a crisis. Why it is happening at exactly now, September of 2002, is a sepa- rate issue, but he has had 12 years in which he has done every- thing he can-he has made himself an international outlaw, essen- tially. If there is a state in defiance of the world system, the U.N. Secu- rity Council, which everyone in this room has talked positively about, it is Saddam and the Iraqis. Senator CHAFEE. I do take exception to the definitive aspect that he will be more of a threat in 5 years. That is debatable. Fidel Cas- tro, you might have said he will be more of a threat if left un- touched, and here, years later, he is not more of a threat, so that is a debatable point. I do not take that as an absolute. The CHAIRMAN. Did you want to respond, Mr. McFarlane? Mr. McFARLANE. Please, Mr. Chairman. I do not think any of us can give you certainties on almost anything regarding Saddam Hussein. I would like to recall, however, Senator Lugar's comment about the plausible risks and the stated ambitions that we have heard from Saddam Hussein. Nuclear materials are poorly guarded in much of the former So- viet Union. Thanks to Senator Lugar and Senator Nunn, the pro- gram that was so well begun and is continuing has to be sustained and, unless it is, the plausibility of nuclear materials being mis- directed, stolen, purchased, or whatever, cannot be denied, and the existence of a nuclear program in Iraq, which is a matter of fact under the United Kingdom's report, issued yesterday, gives us just cause in guarding against the growth of that program. The CHAIRMAN. Let me, before I yield to Senator Rockefeller, make a point that I think is a distinction with a difference. I think we miss the boat when we are talking about Iraq. Iraq violated international norms, invaded another country, essentially sued for peace, essentially signed an armistice, the conditions of which were contained in the U.N. resolutions, and has clearly violated those resolutions. Whether or not they are a threat or not, they violated those resolutions. I hope we stop talking about preemption. This is not preemption. Maybe we should or should not go to Iraq, and I have an open mind about that, but it is fundamentally different than invading a similar country in terms of seeking weapons of mass destruction, acted against their own people, not to the same extent, like Iran, or North Korea. They are not in the same situation. Iraq signed es- sentially a peace agreement with conditions. The conditions are contained in U.N. resolutions. They have violated them on their face. That is a fundamentally different thing. I wish the President and everyone else would stop talking about preemption and give people around the world the sense that we are acting like cowboys, and/or they have a right to act preemptively. This is a different deal. 41 man history. I do not consider this a long-term crisis, but going back to Senator Rockefeller's question, it will definitely affect that issue. One last point. The Bundestag, your counterpart body, would have to approve any German deployments. When Schroeder went to the Bundestag for approval, he won by only two votes, so my German friends have told me that he could not win a vote to send forces directly into Iraq anyway. On the other hand, it did not have to become this intense and this personal. Senator NELSON. Thank you, Mr. Chairman. The CHAIRMAN. I wonder what recent history would have been had we accepted the offer after he risked his career to send troops to Afghanistan, had we accepted the offer. I wonder what it would have been had we not unceremoniously pulled out of Kyoto as he walked into the President's office. So these personal things do matter, but I happen to agree, for what it is worth, with the Ambassador that the core relationship is so deep, so strong, that we will overcome personalities. But let me speak to Afghanistan for a minute, because like Coop- erative Threat Reduction and Nunn-Lugar, I do think it relates, but not to the same extent, and that is that it seems pretty clear now, I emphasize appears, fairly clear now that the Defense De- partment has rethought a position that Senators Lugar, myself, I believe the Senator from Florida and the Senator from Nebraska all pushed for, which was that we expand the international secu- rity force in Afghanistan, that we engage NATO—as a matter of fact, Senator Lugar and I once again importuned the President to take NATO up on its offer for participation in Afghanistan, arguing that failure to do so was counterintuitive and counterproductive in terms of U.S.-NATO relations, and it seems as though now—and that was rejected over the strong objection on the part of the De- fense Department, (a) to expand, (b) to include NATO, (c) to take advantage of the French and/or German offers for deployment. Now, if what we read is correct, and we had, by the way, several hearings that addressed this issue, calling the administration up, asking them to reconsider this position, specifically asking them to reconsider this position, and now it looks like they may be recon- sidering the position. I ask you both, starting with you, Mr. McFar- lane, if during this somewhat tumultuous period the administra- tion is able to reconfigure an international security force with some muscle, some NATO signature, if you will, do it, and is able to put it in place, will that have any positive or negative impact on our ability to get support and/or succeed in Iraq, or is it not relevant? How will it play? I know you know so many foreign leaders. How do you think that would play in terms of the objective we all seek, which is a more cooperative effort to deal with Saddam? Saddam is not just our problem, he is the world's problem. We may be the only solution, but he is the world's problem. Is there any correlation between how we handle, from this point out, Afghanistan and its stability and our demonstrating to the world we have kind of learned a—what we intend in Iraq, and I will close this question—it sounds more like a diatribe than a ques- tion, but I have met with the Foreign Ministers of most of the Eu- 44 Now, fortunately, we had the vote on January 11 which gave us 4 days to go before 250,000 people or more would go into combat. So I am hopeful that we can sort of reconstruct all of that history. I think it is relevant for this situation, because ideally I think we still ought to take jurisdiction in the committee if we can do so for a period of time, it is reasonable for us to fashion a resolution. It may or may not be the one that is debated but nevertheless it should be our job. In it there were two resolutions that were offered in the Senate, and they were the rival resolutions from the Armed Services Com- mittee, one offered by my friend Sam Nunn, and another offered by Senator Warner. These went together with the majority leader, Mr. Mitchell, and Mr. Dole, the minority leader, and those were the two offerings that we had at that point. I just wanted to ask you, Mr. McFarlane, in your judgment, would the Security Council be more likely to fashion a resolution that dealt with Iraq if the Senate held a vote before the Security Council acted? In other words, some have argued that the Security Council members, quite apart from Saddam, may finally doubt the resolve of this country, feel that once again we are bluffing, that for the last 11 years or so people have huffed and puffed about vio- lations of the Security Council resolutions, as well as incursions in the no-fly zone, but not a whole lot has occurred and as a matter of fact, we have been gone for 4 years. If he was a betting man, he might guess we might be gone for 4 more, but would it be helpful for us to vote, just playing the dev- il's advocate for a moment, sooner rather than later to indicate some resolve, the administration and the Congress working to- gether? Mr. MCFARLANE. Senator Lugar, I think it would have a very positive impact, and the demonstration of that resolve and support and commitment that you suggest, and that that impact would be felt by members of the Security Council. This is not a direct analogy at all, but I recall very well the run- up to the first summit with President Gorbachev in 1985 in Gene- va, and the impact that the Senate, the majority resolution actually had on Gorbachev, separately the action of all permanent members of the Security Council, in joining in the support of President Reagan as he left for Geneva, and this very vivid public solidarity expressed in New York from Thatcher, Kohl, Mitterand, Craxi, I believe, and Nakasone, echoed—not echoed, but in parallel with that of the Senate, the joint resolution, and then of course the American people were at 70 percent supporting the President's po- sitions going to Geneva, were more than Gorbachev could ignore, and it had a profound effect—it is in his memoirs—in influencing his position of change and a revolution that gradually led to suc- cesses in arms control and elsewhere. I think it has a very positive impact. Senator LUGAR. Let me ask a second question. What should be the proper call with regard to the tactics of fighting a war in Iraq if we have one? For example, some have argued, I think privately rather than publicly, that the type of tactics that the United States ought to adopt in Iraq that would minimize the loss of American lives and minimize civilian losses and what-have-you are extraor- 49 would say, we just did not think of that, we were fastened on some- thing else. I think the committee hearing today, aided by our two witnesses, did think of a number of things, and both of us and others have indicated we are using this forum almost to send messages, and please, to do things. I would just like to say, Mr. Chairman, I appreciate the spirit with which you have approached this hearing, as well as others. Sort of clamoring outside of the committee room are many who want comments as to whether the whole Iraq issue has become vi- ciously partisan, and so forth. The fact is that it could be, but it should not. The chairman is a candidate for reelection this year. Fortunately, I am not, so I have the comfort zone at least of that situation to say that I understand. People who are involved in election cam- paigns, reading the analysis every day, does Iraq supplant every other issue, or something of this variety, may be tempted to get into some other analysis, but thank goodness, that was not the case here, so I thank the chairman, and I think the bipartisanship and the nonpartisanship really with regard to this issue has been very important, and that was true of our first two hearings, it was true of this one, and it is important in terms of our own credibility, be- cause we are raising these questions with our administration as well as the rest of the world. If we do so from a degree of unity, why, obviously it is highly, much more effective, so I thank the chairman. The CHAIRMAN. We often kid about this, but it probably hurts us both that at least you and I—not least, you and I have been almost completely unified in this endeavor, as has Senator Hagel and, I might add, if you notice way down the other end there in terms of seniority is the Senator from Florida who has, to the best of my knowledge, stayed for every last drop of every hearing. We are not attempting to be self-congratulatory. We are trying to send a simple message. This committee, this Congress, the peo- ple who have primary responsibility in this Congress for at least presenting this debate are unified and are trying to help, not be ob- structionist. We are trying to help the President in resolving a very difficult situation. We all know-I have been here for almost 30 years, this Senator has been here 28 years, if I am not mistaken. Senator LUGAR. Twenty-six. The CHAIRMAN. We have been around a long time We understand that no President is ever in a position where he has 100 percent of the information he needs to make a decision. We understand that. The only thing we want to know is that he has thought through, the administration has thought through, even if the answers are not available, has raised all the pertinent issues, because—I keep saying how the American public has to be informed. I want to be informed. I want to be informed before I vote on these things. Again, I thank you all. Bud, thank you for sitting through our little dialog here, our conversation among ourselves. You are very gracious to do that. NEXT STEPS IN IRAQ THURSDAY, SEPTEMBER 26, 2002 U.S. SENATE, COMMITTEE ON FOREIGN RELATIONS, Washington, DC. The committee met at 10:35 a.m., in room SD-419, Dirksen Sen- ate Office Building, Hon. Joseph R. Biden, Jr. (chairman of the committee), presiding. Present: Senators Biden, Sarbanes, Feingold, Wellstone, Boxer, Bill Nelson, Helms, Lugar, Hagel, Frist, Chafee, Allen, and Brownback. The CHAIRMAN. The hearing will please come to order. Starting in July, the committee has held a series of hearings on U.S. policy toward Iraq, and we have heard from a broad range of experts and witnesses, former senior officials on the basic questions before the country, which is, what threat does Iraq pose to the United States? What are our possible responses? How do our allies around the world and our friends in the region see the problem? What would be our responsibilities the day after? What is the goal that we have here? I think the President is dead right about the danger of Saddam Hussein. The witnesses and my colleagues are tired of hearing me say this. I think no matter how well formulated a foreign policy, it will not be sustained very long without the informed consent of the American people. So one of the questions I have been asking is, at what point, if it gets to this that we “take down Saddam,” do the Secretary of De- fense and the Secretary of State turn to the President and say, we are done here, Mr. President? We have met our goals and we can go home. I think we should be talking about that. This morning we continue our inquiry with two Americans who have had an extraordinary impact on our country's foreign policy and security problems: former Secretary of State Madeleine Albright, and former Secretary of State Dr. Henry Kissinger. This committee has heard from them on many occasions in the past and I am pleased to welcome them both here again to help us work through a difficult challenge posed by Iraq. This afternoon we are going to hear from the current Secretary of State, Colin Powell, and I will have a lengthier statement at that time. For now, let me simply welcome our two witnesses and tell them how pleased we are they are here for this important process and yield to my very good friend from North Carolina, Senator Helms. Senator HELMS. Mr. Chairman, thank you very much. (51) 61 Mr. Chairman and members of the committee, Congress has an opportunity to vindicate a system of international order. I urge you to give the President the authority to enforce the appropriate U.N. resolutions, together with the world community, if at all possible, in concert with like-minded nations if necessary. Thank you. [The prepared statement of Secretary Kissinger follows:] PREPARED STATEMENT OF HON. HENRY A. KISSINGER, FORMER SECRETARY OF STATE Mr. Chairman: Congress is considering one of the most consequential expressions of its views since the end of the Cold War: what action the United States should take to deal with the threat posed by illegal stockpiles of weapons of mass destruc- tion in Iraq and their potential growth. President Bush has reaffirmed America's commitment to a cooperative world order by asking the United Nations to rectify Iraq's defiance of a large number of U.N. resolutions mandating the destruction of these stockpiles as well as Iraq's flagrant breach of its pledge to do so as a condition for the suspension of the Gulf War in 1991. But were the world community, by fudg- ing its response, to opt for the risk of a greater threat in the future, can America and a coalition of the like-minded acquiesce in stockpiles of weapons of mass de- struction in Iraq? Thus the Committee will need to consider not only the risk of ac- tion but also the consequences of inaction. The Iraqi stockpiles of weapons of mass destruction will be growing in an inter- national environment in which their danger merges with the threat of terrorism. For on September 11, 2001, the world entered a new period in which private, non- state organizations undertook to threaten national and international security by stealth attacks. The controversy about preemption is a symptom of the impact of this transformation. At bottom, it is a debate between the traditional notion of sov- ereignty of the nation-state prevalent since the Treaty of Westphalia in 1648 and the adaptation required by both modern technology and the nature of the terrorist threat. Osama bin Laden's base was on the territory of a national state, though his was not a national cause. Highly disciplined operatives are scattered around the globe, some on the soil of America's closest allies and even within America itself. They enjoy financial and organizational support from a number of states-most frequently from private individuals ostensibly not under the control of their governments. Bases for terrorists have been established in several countries, usually in areas where the governments can plausibly deny control or are actually not in control, such as in Yemen, Somalia, or perhaps Indonesia and Iran. Having no territory to defend, the terrorists are not subject to the deterrent threats of the Cold War; hav- ing as their aim the destruction of social cohesion, they are not interested in the conciliating procedures and compromises of traditional diplomacy. Unlike the previous centuries, when the movement of armies foreshadowed threat, modern technology in the service of terror gives no warning, and its per- petrators vanish with the act of commission. And since these attacks are capable of inflicting catastrophic damage, traditional notions of sovereignty have to be modi- fied with respect to countries that harbor terrorist headquarters or terrorist training centers. The problem of preemption is inherent in the nature of the terrorist chal- lenge. The accumulation of weapons of mass destruction in Iraq in violation of U.N. reso- lutions cannot be separated from the post-Afghanistan phase of the war against ter- rorism. Iraq is located in the midst of a region that has been the hotbed of the spe- cial type of global terrorist activity from which the attack on the United States was organized. And the consequences of weapons of mass destruction have many similar- ities to those of terrorism. They can be used without warning; their impact is cata- strophic. In some circumstances, their origin can be uncertain. If the world is not to turn into a doomsday machine, a way must be found to prevent proliferation- especially to rogue states whose governments have no restraint on the exercise of their power. Cold War principles of deterrence are almost impossible to implement when there is a multiplicity of states, some of them harboring terrorists in position to wreak havoc. The Cold War world reflected a certain uniformity in the assessment of risk between the nuclear sides. But when many states threaten each other for incon- gruent purposes, who is to do the deterring, and in the face of what provocation? This is especially true when that which must be deterred is not simply the use of weapons of mass destruction but the threat of them. Suicide bombing has shown that the calculations of jihad fighters are not those of the Cold War leaders. The concern that war with Iraq could unleash Iraqi weap- 83-463 D-3 62 ons of mass destruction on Israel and Saudi Arabia is a demonstration of how even existing stockpiles of weapons turn into instruments of blackmail and self-deter- rence. Procrastination is bound to magnify such possibilities. The existence and, even more, the growth of stockpiles of weapons of mass de- struction in Iraq poses a threat to international peace and stability. The issue is not primarily whether Iraq was involved in the terrorist attack on the United States. The challenge of Iraq is essentially geopolitical and psychological. Its policy is implacably hostile to the United States, to neighboring countries, and to estab- lished rules that govern relations among nations. It possesses growing stockpiles of biological and chemical weapons, which Saddam Hussein has used in the war against Iran and on his own population. Iraq is working again to develop a nuclear capability. Saddam Hussein breached his commitment to the United Nations by pre- venting the operation of the international inspection system he had accepted on his territory as part of the armistice agreement ending the Gulf War. There is no possi- bility of a direct negotiation between Washington and Baghdad and no basis for trusting Iraq's promises to the international community. By what reasoning can the world community—or America—acquiesce in this state of affairs? If these capabilities remain intact, they will become an instrument-actual and symbolic—for the destabilization of a volatile region. And if Saddam Hussein's re- gime survives both the Gulf War and the anti-terrorism campaign, this fact alone will compound the existing terrorist menace. By its defiance of the U.N. Security Council resolutions requiring it to give up weapons of mass destruction, Iraq has in effect asserted the determination to pos- sess weapons whose very existence compounds the terrorist threat immeasurably. Global terrorism cannot flourish except with the support of states that either sym- pathize or acquiesce in its actions. To the extent that these countries observe the flouting of U.N. resolutions, the weakening of international norms, and the defiance of America, they feel less restrained in acquiescing in or ignoring terrorist activities. For the nations of the world to accept the existence of growing stockpiles of weapons of mass destruction where the new form of terrorism has been spawned is to under- mine restraint with respect not only to weapons proliferation but to the psycho- logical impulse toward terrorism altogether. The campaign in Afghanistan was an important first step. But if it remains the principal move in the war against terrorism, it runs the risk of petering out into an intelligence operation while the rest of the region gradually slides back to the pre-9/11 pattern, with radicals encouraged by the demonstration of the world's hesi- tation and moderates demoralized by the continuation of an unimpaired Iraq as an aggressive regional power. In short, the continuation of illegal proliferation, the global dangers which it involves, the rejection or infeasibility of a viable inspection system, and the growth of terrorism require action, preferably global, but as an ulti- mate resort of America's, together with those countries prepared to support it. It is argued that dealing with weapons of mass destruction in Iraq weakens the war against terrorism. The opposite is more likely to be true. Eliminating such weapons in Iraq is an important aspect of the second phase of the anti-terrorism campaign. It demonstrates American determination to get at the root causes and some of the ultimate capabilities of what is, in essence, a crusade against free val- ues. Enforcing U.N. resolutions in Iraq does not compete with the capabilities need- ed to pursue the second phase of the anti-terrorism campaign. In all ſikelihood, such action will strengthen it by additional deployments to the region. Nor should it weaken the cooperation of other countries in the anti-terror cam- paign. Assisting in this effort is not a favor other countries do for the United States but ultimately for themselves. And what exactly will they decline to support without risking their entire relationship to the United States? The fight against terrorism will take many years. To wait for its end before acting is to guarantee that stock- piles of weapons of mass destruction multiply. At the same time, while reserving the option to act in concert with only the na- tions it can convince, the United States is wise to appeal to cooperative action of the world community. As the most powerful nation in the world, the United States has a special unilateral capacity and, indeed, obligation to lead in implementing its convictions. But it also has a special obligation to justify its actions by principles that transcend the assertions of preponderant power. It cannot be in either the American national interest or the world's interest to develop principles that grant every nation an unfettered right of preemption against its own definition of threats to its security. The case for enforcement of established resolutions should be the opening move in a serious effort of consultation to develop fundamental principles that other nations can consider in the general interest. The United Nations is therefore challenged to come up with a control system that eliminates existing weapons of mass destruction in Iraq-together with procedures 66 If I might just say this, when I sat at the United Nations, I used to sit there and think, in my political science professor mode, that this is the most fascinating thing in the world, that you actually are talking about what is going on inside another country and that you have the right to do that. That is a very different concept that came into existence. And as Secretary Kissinger said, we are in a very different phase where there are non-state actors and you have to look at things in a different way. Nobody is denying the com- plication of this. But it seems to me, Mr. Chairman, that your suggestion makes a great deal of sense. I also know that when I was at the U.N. and as Secretary, it helps a lot when you have the power of Congress behind you. It is a big plus in your pocket. So I think a resolution- I am not going to get into the wording of it—makes sense. The CHAIRMAN. No, I am not either. Just conceptually. Secretary ALBRIGHT. But the other thing I must say that bothers me, if I might say this, I think we are loading too much onto this issue. There are many people within or outside the administration that had a different agenda from the very beginning, and I think they are finding this, in some ways, a useful horse. And I think the issue of preemption is a huge issue, and I would definitely agree with Secretary Kissinger that it is worth dis- cussing. It is a huge deal. It is a totally different way of operating. It is one thing for self-defense, and I think that becomes a com- plicated issue of how quickly do you move when you believe you are being attacked. But I think to load this issue now with a major dis- cussion of change in our whole strategic policy is a mistake, and I think we need to deal with this issue as you have presented it, and as I have heard the discussion. But we do not need to load it with ideological issues that had nothing to do with this in the first place. The CHAIRMAN. Dr. Kissinger. Secretary KISSINGER. When the President spoke at the General Assembly, he did not base the case on a general doctrine of pre- emption. He based the case on Iraq's violations of a whole series of U.N. resolutions and agreements related to the gulf war. The CHAIRMAN. I agree. Secretary KISSINGER. Therefore, the issue of preemption is inher- ent in the terrorist challenge because there you have non-state ac- tors operating from the territory of states in pursuit of objectives that go beyond national borders. However, this is not an issue that needs to be settled theoreti- cally now. To justify action against Iraq, it is sufficient to examine the behavior of Iraq and the systematic violation of its under- takings and of the U.N. resolutions. Second, in order to establish a relationship between terrorism and violations of U.N. resolutions on Iraq, it is not necessary to demonstrate a specific connection between al-Qaeda and Iraq. It is sufficient to point out that one of the motives of the terrorist groups is to convey their belief that the will of the West and of the United States is flagging and that they can assert their claims by ruthless demonstration of power. And to the extent that a country is surrounded by nations acquiescing to or helping terrorism explic- 68 tion to us and can be brought along? Above all, the war against ter- rorism will take many years. The decision one has to make is whether to wait, permitting the growth of stockpiles for many more years until one has to address the issue under quite different inter- national circumstances. Second, when nations help in the fight against terrorism, they are not just helping us; they are helping themselves. Russia has a major interest in not permitting fundamentalism to become a domi- nant force in the Muslim world. The war against terrorism must be conducted on the basis of its protagonists having common inter- est, rather than looked at as if it were a special challenge to the United States. To the extent that other nations believe in the im- portance of a strong America, they will not stop cooperating with us on something that is so much in their own interest, because after all we are enforcing U.N. resolutions. I do believe that we must go through a process that is now al- ready underway and which will make clear what support we can generate and what coalitions we can create. I am sure the Sec- retary of State will talk about this in the afternoon. Secretary ALBRIGHT. I think that I do not believe, nor did I say, that the war on terrorism would have to be finished. First of all, I think it will not be finished for a long time. It is unfortunately what we have to live with for most of our lives and our children's lives. So there can be no termination to our effort on it. But I think that we are in a crucial phase as far as finishing the job in Afghanistan. Just to use an image here, I think that we do have Saddam in a box, a strategic box. We do not know a lot about it, but I have a feeling that if we blow up the box, that as the sparks fly out, they will have an effect already on a region that is inflamed and we cannot forget what is happening or not happening in the Middle East. So I actually think we are probably not as far apart as might seem. It is a matter of timing and our favorite diplomatic word, "nuance,” in terms of when we do things. I agree with Henry that we cannot persuade other countries to think that fighting the war on terrorism is only in our benefit. It has to be in their benefit also, obviously. But I think it is just unnecessary to do this this moment, and what I am advocating is that we play out the U.N. string with the support of Congress in the pocket of the President and the Ambas- sador, and we will have a better chance of getting support by the other countries if it is evident to everybody that the Iraqis stiffed us. And that is where my timing comes in. Senator HELMS. Do you have any further comment? Secretary KISSINGER. It really is a question of whether we are talking about a few months or a few years. The process, as it now seems to evolve, seems to me to require some months of clarifica- tion and that seems to me also perfectly consistent with what the administration is doing and saying. So I do not think there is a fundamental difference, if that is what we are talking about. The CHAIRMAN. You are both talking about a few months, are you not, as opposed to a few years? Secretary KISSINGER. Then there is no difference. Senator HELMS. What was your answer to his question? 70 I would be open-minded enough to allow for the possibility that somebody could produce an inspection system that can really oper- ate. I do not think the issue should be defined strictly in terms of who is for war and who is against war. Senator SARBANES. Well, that is a pretty fundamental question, is it not, whether we are going to go to war or not or whether there is a peaceful path? I take it your position is you do not think there is a peaceful path. You just sort of dismissed the inspection path. So if we do that, what is left? War. Secretary KISSINGER. No, no. I think there is a peaceful path. Senator SARBANES. Well, what is that peaceful path? Secretary KISSINGER. Theoretically, if the U.N. passes a strong resolution and if an inspection system is devised that meets the ob- jectives of the U.N. resolution, it is possible that they will agree to it. Under those conditions, that would indeed be a peaceful solu- tion. That it is unlikely this will happen, is a judgment, not a course of action, and we should run out the full diplomatic string. Senator SARBANES. Well, because you think it might work or just as a matter of appearance? Secretary KISSINGER. Not as a matter of appearance. I would like it to work. I think it is unlikely to work, but I would be delighted if it worked. Senator SARBANES. You say in your statement that we have to entertain a program of reconstruction for Iraq. Secretary KISSINGER. Are you talking to me? Senator SARBANES. Yes, and that is on page 5 of your statement. Secretary KISSINGER. Right. Senator SARBANES. What do you think about the program of re- construction in Afghanistan? Secretary KISSINGER. Afghanistan is a notoriously difficult coun- try for foreigners to deal with or to reconstruct. I strongly favor economic aid to Afghanistan. Senator SARBANES. Do you think we are paying adequate atten- tion to the question of reconstruction in Afghanistan? You argue here on Iraq, we are going to go in, and then we are going to do a major reconstruction program in order, in effect, to deal with the aftermath. What about the reconstruction program in Afghanistan? If we are going to look at what kind of reconstruction program would we do, how committed have we remained in Afghanistan in order to do reconstruction? Secretary KISSINGER. It depends on how you define reconstruc- tion. First, about Iraq. Reconstruction in Iraq should be undertaken not just by the United States, but by an international consortium, international community, and a group of major interested coun- tries. Something akin to that should be done in Afghanistan, too, though Afghanistan has the additional difficulty that the country is run by a group of warlords whose subjugation would require a major military effort. In the past, attempts to that have produced a situation in which the warlords, who normally fight each other, unite against the foreigner seeking to curb their power. So I would be uneasy about a major military effort to pacify the whole country. I would favor whatever can be done with a reasonable military ef- 71 fort and a significant economic effort, together with other nations. But I do have a question in Afghanistan, which would not arise to the same extent in Iraq. Senator SARBANES. Is the effort underway in Afghanistan for re- construction up to the standard that you think it should be? Are we falling short, perhaps woefully short, in Afghanistan? There are some who think we are risking turning a success into a failure by not following up on the reconstruction. Secretary KISSINGER. The first thing one has to consider, Sen- ator, is this: if, on September 10, 2001, somebody had said that we were going to have an expeditionary force in Afghanistan, were going to overthrow the Taliban, operate all over the Middle East, and do all this within 6 weeks, it would have been considered in- credible. So, considering the magnitude of the challenge we have faced and the unusual cast of thinking required vis-a-vis American traditions, I think we have done well in Afghanistan. As things continue Senator SARBANES. You think at this point that our reconstruc- tion effort is adequate and meets the standard? You do not think we should be doing more? Secretary KISSINGER. I think we have done the best that could be done under present circumstances. As time goes on, we will probably want to strengthen the reconstruction effort. Senator SARBANES. Could I hear from Secretary Albright on these points? Secretary ALBRIGHT. I disagree. I think that we have done a half- way job in Afghanistan and we need to keep our attention on it. I know that I certainly have met with some Afghan officials, and they are grateful to us, but they understand that there is a lot more to do and that there is reconstitution there potentially of some al-Qaeda groupings, and Pakistan continues to be a haven for some of these issues. So I think it is very hard. We have not fin- ished the job and this concerns me. And I might say that I think we have to deal with something very serious here. The issue of Afghanistan is as a result of unin- tended consequences of previous foreign policy decisions, and I think we have to be very careful about the unintended con- sequences of whatever decision we make on Iraq. And Iraq at the moment, as I have said, I think is in a strategic box. We need to be careful about blowing it up and seeing what the problems are. And to answer your previous question, I do think there is a possi- bility here that there could be some working of the issue if in fact the international community is mobilized. We did it once, and the problem was that it dissipated over the years. We do continue to bomb. We have authority to do that. And I think we have got to be careful about making this a war versus the fact that 40 percent of Iraq is already under a no-fly zone. So it is a matter of enforcing issues and giving strength to the United Nations resolution, that maybe the threat of this will, in fact, make it possible to have a different solution. Senator SARBANES. Mr. Chairman, my time has expired, and I appreciate it. I hope we will have a second round because I want to address this issue. 72 The CHAIRMAN. We will. I realize I am frustrating my colleagues at the end here on both ends, but I am going to let the witnesses go on, otherwise I will go to a 15-minute rule for each Senator. Senator SARBANES. I just want to say I do want to come back to the preemption issue. I see Secretary Kissinger has put Yemen, So- malia, Indonesia, and Iran on the agenda here, and I want to ex- plore that with him. The CHAIRMAN. Senator Lugar. Senator LUGAR. Thank you, Mr. Chairman. Dr. Kissinger in his testimony says “the United Nations is, there- fore, challenged to come up with a control system that eliminates the existing weapons of mass destruction in Iraq, together with procedures to prevent their being rebuilt.” This follows his discus- sion of the violation by Iraq of United Nations resolutions dealing with weapons of mass destruction. And certainly he is right. This is at the heart of our problem, but it is obviously very difficult to think through how the United Na- tions is going to have this ability under current conditions or even with Hans Blix and inspectors going back in. This does not negate the discussion we have had of timing, but it is at the heart of the matter. How in the world do you ever find weapons of mass de- struction and then, as Dr. Kissinger said, have a control system not only that destroys them but that makes sure that no one ever re- builds them? That is a degree of invasion of sovereignty that is very substantial. Secretary Albright mentions it is naive to think that a peaceful and democratic Iraq will automatically emerge in the ashes of our invasion. It is crazy to believe, she says, we can run post-war Iraq alone. It is essential that the administration think of the con- sequence of all this through in advance. But she says, it has not yet been done. Now that is at the heart of our dilemma. As the chairman has said, we are heading toward a resolution, a very imperfect one, in which many Senators may vote in favor of authorizing our Presi- dent to have this authority so that he has some bargaining ability with the rest of the world. But the consequences of this are critically important. I have not heard any discussion of Secretary Kissinger's thought about how the United Nations or anyone else comes up with a control system. We need to hear about this rapidly. And the chairman and I, about 5 o'clock last night, were having a dialog between the two of us, and Mr. McFarlane who was left as a survivor at the witness table at that point, essentially saying we are trying to send messages. We are asking somebody. Now, this afternoon we will have our Secretary of State, and we will ask him. Is there a plan? Do we have any idea what we plan to do in Iraq after we win the war? How do we stop the fragmentation of this box that Secretary Albright has talked about? All the testimony we have had from the Iraqis who came before us before was simply to confirm it is a very complex country with many nationalities and divisive groups, Iran coming in from one area, Turkey from another. This is very tough business right now. The CHAIRMAN. If the Senator will yield. And every one of those witnesses said the United States has to be the one to manage this. 73 Senator LUGAR. Yes, so we come back to that. How about the United Nations? And you are probably both right. We ought to try to make sure there are a lot of other helpers to help pay for this as well as sus- tain it for a period of time. But let us take the worst case scenario. It is us. Do we have any idea, any plan for how to bring about peace in Iraq, the territorial integrity, peace with the neighbors, to get the weapons of mass de- struction? Now, maybe somebody in the administration does. Maybe even as we speak there are people who will come and say, we have thought of those things. We have not told you about them and they are highly classified. That would be reassuring. But I simply use this opportunity to ask either of you. You do not know what the administration is doing, but Secretary Albright, what would you do? How would we begin to think through the situ- ation at the end of the war in the worst case scenario that we are there alone? Now, you said we enlist other people. We try to do that. But what are the elements of a plan for a post-war Iraq? Secretary ALBRIGHT. Well, first of all, I think that we do have to recognize, while I agree with Henry that Afghanistan is full of war- lords and a real problem, Iraq is not exactly a unified place. And everything that we have ever heard is that it is a country that was created by outside powers that put together at least three groups, the Kurds, the Shiites, and the Sunnis. And that is the least of it. So the integrity of the country is an issue. I met previously many, many times with the Iraqi opposition, and as somebody whose father was part of an exile movement, I applaud those people, but I also know how difficult it is. Everybody has a different view, and believe me, the Czechoslovak exile move- ment had nothing in common with the Iraqi one. So I think that there are very many different kinds of groupings. When I met with them, they all had a different idea about what to do. And I think the first thing that has to happen is to try to bring them together in some particular way. The reason that I also believe that it is essential to get more international support is while it has not been perfect, Bosnia and Kosovo have, in fact, provided a model of what happens when you work with an international organization in terms of getting a high representative and various countries participating in not only the reconstruction, but the modeling of local elections, et cetera. We cannot do that alone. So that is one of the reasons I think it is im- portant to have U.N. support because it does provide some kind of model. That is a beginning. But I was plagued always whenever I suggested using force—and I did—with what is the exit strategy. As far as I have heard, none. And I do think that the administration, while there is no way they can give us all the details on this—I think that is impossible—they do need to give us a better blueprint for what is out there after the day after. Senator LUGAR. Secretary Kissinger, do you have any idea as to how the control situation might work with regard to the weapons of mass destruction, how we would get to something that is satis- fying? 74 Secretary KISSINGER. I think this is a question that should be ad- dressed to the Secretary of State. At some point in this process, we have to make clear what we would consider an adequate inspection system or, at the least, what we do not consider an adequate inspection system. Otherwise, there will be no criteria on which to base our actions. I have put down here some general ideas, but I have not studied in detail what you would require. At the same time, I want to warn against the danger of using the imperfection of any solution as an argument for doing nothing. From where we stand now, the choice is this: will there be enforce- ment of the U.N. resolutions, or will these stockpiles continue to grow? I think the danger of acquiescing is greater than some of the concerns that have been raised, but I also think we have to answer this question. Now, about a post-war Iraq and its political organization. That really requires really a lot of thinking because it is easy enough to say you have a democratic government. The question is, how quick- ly can you create it and what are the interim arrangements that have to be made. One also has to keep in mind that there will be great temptations on the part of Iran to wreck any political struc- ture in order to shift the balance of power in the region, and that there will be other neighboring claimants as well. This is not a vac- uum in which one can operate politically with an unlimited time span, but an issue that has to be dealt with. Senator LUGAR. Mr. Chairman, I would just add yesterday one of our witnesses suggested, as Dr. Kissinger has, we may not have the perfect solutions but that should not defeat action. But the ad- ministration ought to report to the Congress at least every 30 days on how it was going. In other words, if you are still trying to per- fect the solutions, that one resolution to go to war ought not to suf- fice for the next 8 years, given all the ramifications that we are dis- cussing that would follow. Secretary KISSINGER. Also, the power to improve what exists now is not too high. We do not have to achieve perfection in order to have the people of Iraq live under better conditions than they live in now. The CHAIRMAN. The interim solution will be a MacArthur in Baghdad. Senator HELMS. Mr. Chairman, I ask unanimous consent that a letter relevant to what we are discussing right now from the State Department be printed in the record. The CHAIRMAN. Without objection, it will be placed in the record. [The letter referred to follows:] U.S. DEPARTMENT OF STATE, Washington, DC, May 29, 2002. Ms. PATRICIA A. McNERNEY Republican Staff Director, Committee on Foreign Relations, United States Senate, Dirksen Senate Office Building, Washington, DC. DEAR Ms. McNERNEY: 75 As we discussed on May 23, the Bush Administration regards the Future of Iraq project as a key part of our Iraq regime change policy. We notified the appropria- tions and authorization committees on March 21 and held consultations on this project with you and your colleagues in April and May. In response to questions from you and the SACFO, on May 21 we provided you a paper describing how we proposed (1) to move forward now to fund Phases I and II of the project, in the amount of $1.54 million out of the total $5 million for the project, and (2) not to use the Middle East Institute but rather to bring management of the project inside the State Department. We plan to carry out this project through small, grants to policy NGOs and to a neutral conference-planning institute. We will consult with authorizing and appropriations committees before we decide to move forward on Phase III and beyond. In particular, I want to address the three questions you posed. First, for the sub- stantive work of the working groups, it is our intention to fund the work in Phases I and II of the project through policy-oriented NGOs that have expertise in the sub- ject matter of the working groups, are able to work effectively and credibly with Iraqi and international experts, and have the organizational capacity and ability to handle a grant of funds from the State Department. For example, among the charac- teristics of an ideal NGO to help handle the Public Health and Humanitarian Needs working group, in addition to these general criteria, would be an understanding of the health care and humanitarian needs of Iraqis inside Iraq, a track record of de- livering health care and humanitarian assistance to Iraqi refugees, knowledge of how to administer public health programs, and familiarity with best practices in health care and humanitarian aid delivery. (This working group will be a particular challenge, as no one group is likely to have the same high level of expertise in both public health and humanitarian needs, so we intend to try to find the best fit.) We would prefer the substantive work to be done by NGOs led by free Iraqis, though we recognize that for some of the working groups, there may not be an existing Iraq- focused group with the necessary expertise and organizational capacity to admin- ister a grant of USG funds. In such a case, we would look at universities, private businesses, or non-Iraq-focused NGOs with (i) special expertise in the subject mat- ter, (ii) the necessary organizational capacity, and (iii) the ability and willingness to work with a broad range of free Iraqis. Second, we intend to involve about 10-20 Iraqis in each working group. We have canvassed the broadest possible range of Iraq-focused groups, both political an non- political to solicit names, although we have made clear that the final determinant will be the Department, subject to approval by an inter-agency steering group that includes members from the Department of Defense, the National Security Council, and the Office of the Vice President. To date, we have received hundreds of names from Iraqi opposition groups and others. To narrow the lists, we will look to the in- dividual's expertise in the subject matter of the working group, to the individual's ability to contribute to practical problem-solving, and to their ability to work with Iraqi, U.S. and international experts. Finally, in response to your view that we should start a discussion of political issues in Phase I of the project, we are bringing forward the working group on Polit- ical Principles and Procedures to Phase I. We believe we can do this within the ex- isting $1.54 million budget, though we may have to move forward our consultations on Phase III by a couple of weeks to accommodate this change, or we may delay one of the other working groups until Phase III. We hope that this information will be sufficient to enable us to, go ahead with the Future of Iraq project. Please do not hesitate to contact me if you require fur- ther information. Sincerely, RYAN C. CROCKER, Deputy Assistant Secretary of State for Near Eastern Affairs. 1 The CHAIRMAN. Senator Feingold. Senator FEINGOLD. Thank you, Mr. Chairman. I certainly appre- ciate Senator Lugar's line of questioning. To get some initial answers about some of these basic questions about the day after is not to suggest that any of us are in a do- nothing posture. The administration is passionate about regime change in Iraq, and I subscribe to a policy that supports regime change by reasonable means. It does not mean I will sign off on any proposal aimed at that end. I cannot imagine any American 1 78 I would just add a comment to what the Senator from Wisconsin and prior to the Senator from Wisconsin's comments, the Senator from Indiana said, but more to the point, their line of questioning. I think as you have sat through this for about an hour-and-a-half, you both are getting a sense, at least from some on this committee, where the thrust of this is, this great question, this debate, this issue of whether we should go to war and the questions that you both began with, how, when. I think it is clear to state that no one has all the answers, and I think it is also clear to state, going back to referencing the Senator from Wisconsin's point, I do not know if there is a Member of the Congress certainly that I am aware of that does not take seriously the threat of Saddam Hussein. Now, that said, we differ a bit on how we deal with that. But there are those who minimalize even such a debate and how out- rageous to even question things like the destabilization of the Mid- dle East. I mean, how foolish of you to ask such a question. If we could just get rid of Saddam Hussein, then all of our problems would go away. Everybody knows that. And you heard some of that. I want to go back to the destabilization issue in a moment and would like very much to hear from each of you on a particular question I will ask on that. But before I do, Secretary Albright, you are the most recent Sec- retary of State who has had to deal with this issue. You were Sec- retary of State in the first 2 years after Saddam Hussein kicked the U.N. inspectors out. What did your administration learn that you could share with this committee on how we should be dealing with Saddam Hussein and this issue today, the debate that is going on today? For example, did your administration ever closely examine or pursue tightening those resolutions or forcing those resolutions at the U.N. and looking seriously at a military option, to go through maybe what President Bush is going through now, realizing that you did not have the force of September 11? You did not have the mobilization of the country, the world, the Congress behind you on that. But is there anything that you can share with this committee with the experience you had most recently that might give us some assistance here as we grapple with this great debate of our time? Because I am one who believes that we are not talking about just going to war with Iraq. You both have talked about preemption, about doctrines, about the future, of what this will do to balance of power and geopolitical strategic interests, economic interests. We are talking about an awful lot here. Your point, Madam Secretary, about overloading the structure and the system, I generally happen to agree with that. But not to get off into that tangent, I would like to stay on focus on asking you to answer the question and then I would come back to a more particular question I have for each of you. Thank you. Secretary ALBRIGHT. I, unfortunately, do have more experience with this than most, and I think we have to keep in mind the fol- lowing, that we did try very hard to keep a consensus in the United Nations. There began to be what we called sanctions fatigue. As we know, certain of our friends and allies had a different idea. But we, for a long time, kept a completely unanimous Security Council to 79 enforce the resolutions, but ultimately it was very hard I think to keep everybody in line. We began to think about very much the kind of thing that Sec- retary Powell came forward with at the beginning of the adminis- tration, which were the smart sanctions which was trying to limit and tighten the box on the regime and not to punish the people be- cause one of the things that was happening was we were losing support because there was increasing-I would actually not have agreed with this—propaganda, basically that it was our fault that the people were suffering. We also did consider a number of military options, and I think we managed to do what was the right thing, which was to keep constantly vigilance on the no-fly zones to make sure that he stayed within that box, and were more and more robust in that bombing not just when our pilots were illuminated, but when we felt that there was danger from ground-to-air attacks. So I think we really did bomb and do that job well, and they are continuing to do it now. I must say that while there were sometimes discussions about a ground option, you point out very accurately the mood is very dif- ferent after 9/1i, and I think that there was no way to do that psy- chologically, much less do I think physically given what we knew about the numbers that were necessary to do that. I stand down to no one in terms of my characterization of Sad- dam Hussein in terms of being a danger and an evil. And I think the question is what is the best way to handle it. I do think that the continued bombing is the way to do it. And as I suggested in my testimony, if we know or have suspicions that some facility is actually in the process of doing something with weapons of mass destruction, I think we have the authority to just go and do the bombing. So I think that we need to continue this robust keeping him in a box until we are ready with all the plans that we need to have some other aspect if it cannot be handled in some other way. May I just make one other point? The inspection issue is a dread- ful one because what happened in the course of the years, the origi- nal inspection regime became weaker and it did work at the begin- ning. As I said, the inspectors managed to get rid of more weapons of mass destruction than the war itself. But ultimately there were changes in the modalities, and I do think that the deal that Kofi Annan made in 1998 was a problem in terms of inspectors had to be accompanied by diplomats and all that. But even that has not been enforced. So we need to get back to an intrusive and overall inspection regime, not the modalities that we have had in the past. Senator HAGEL. Mr. Chairman, may I ask if Secretary Kissinger had any response to that, we would welcome his response? Secretary KISSINGER. I think the conditions after September 11 produced the current situation. I understand why, before Sep- tember 11, it was deemed not to be desirable but, sooner or later, we would have faced this problem. Sooner or later, the problem of weapons of mass destruction in Iraq would have had to be faced, but I generally sympathize with the answer that Madeleine has given. Senator HAGEL. Thank you, Mr. Chairman. 80 The CHAIRMAN. Senator Wellstone. Senator WELLSTONE. Thank you, Mr. Chairman. You know, I have been listening and I have a bunch of questions prepared by staff, but I am going to try to go with our discussion and try to ask some questions based upon what is on my mind. I think it was Senator Hagel who said that there is no disagree- ment about Saddam Hussein. Nobody I know wants to just put him in parentheses and say we will get back to thinking about this in 3 to 5 years from now. I do not know anybody who has taken that position at all. A couple of observations and one question. Senator Sarbanes asked Dr. Kissinger, is there a path to peace? Dr. Kissinger said, I do not know but certainly we ought to play it out. I want to em- phasize that again. It seems to me that, although Secretary of State Albright is correct that this has not worked so far, it is sim- ply not true that you cannot design an international arms inspec- tion regime that could work and that insists on unfettered access and that gets whatever weapons of mass destruction there are out. It seems to me we would want to, first of all, pursue that with all vigor before we talk about going to war. It seems to me the military option would be the last option. My question is when I hear you all say what happens afterward, we win militarily but then we are there—and then I have heard I think both of you say we do not want to be doing this alone. That is for sure. Then I heard Secretary Albright say I have got some real concerns about this war against terrorism and al-Qaeda and I want to make sure this does not undercut our efforts in South Asia and the Near East where we need the assets on the ground and we need the cooperation. And then I think about the Israeli/ Palestinian conflict. It would seem to me that there would be a world of difference in terms of both what our men and women face if we have to go in, God forbid, in terms of what the reaction in the Near East and South Asia and throughout the world would be, much less who is going to do the occupying afterwards. It would make a huge dif- ference whether we did this with the international community or we did it alone. Do you think there are some major differences here in terms of all of the consequences? Because the resolution calls for preemptive, unilateral military action. That is what we are voting Do you think there is a difference in terms of the consequences on all three fronts between our doing it alone versus if we have to? And I still believe that the arms inspection regime ought to be given the first priority. That if we have to, that we do it inter- nationally would make a huge difference or not? Secretary ALBRIGHT. Well, I happen to believe it makes a huge difference to do it internationally, and the first gulf war was done internationally. That was a huge difference to have that coalition, and the first President Bush worked that very well. I admire what was done, and there is great continuity where we picked it up in 1993 from there. So I do think that it is very important to do it internationally. It would make a huge difference. If it is impossible and if we are given better information than at least I believe we have on how rapidly this has to be done, I think on. 81 I agree. that we then owe it to our people to take action. But all that is missing. Those are the missing pieces. And I must say that I think this is a remarkable discussion. I think the fact that we are able to have these kinds of discussions is what the American people need to hear because this is going to be long-term and expensive. There are a lot of priorities that we will have to set aside because of this. I am very concerned not just about a unilateral foreign policy but a unidimensional foreign pol- icy. We will suffer for that in the long run. Senator WELLSTONE. Dr. Kissinger. Secretary KISSINGER. Look back at the first gulf war, it is impor- tant to understand its structure. It is indeed correct that the first President Bush achieved an international consensus. It is also true that he moved some 400,000 American troops into the region before there was international consensus. For it was clear that we could not march in and march out and that the implication of the Presi- dent's conduct was that, if we did not achieve international con- sensus, we would operate with those nations that would support us. I believe that one reason he received as much support as he did was that he opted for a way by which other nations could influence our actions and participate in them. So in principle, the difference is not so great in the methods of the Bush family with respect to the gulf and with which, I must say, I Second, in conducting these discussions, we have to keep in mind that we do seem to agree that what we are talking about here is timing. We are not talking about the principle. One has to take care lest these discussions of the inspection system and of what might happen are not used for endless procrastination. On the other hand, we have to be serious in conducting them. Senator WELLSTONE. Well, if I could say to me the two issues that I feel like are staring me in the face—and I appreciate the an- swer of both of you-are, one, as a matter of public policy, are we not going to make it the first priority to try to put into effect an arms inspection regime that will work, unfettered access, and will insist that these weapons of mass destruction are out? Is that the first priority or not? I think some, frankly, do not think it is. They have other priorities. And some think it is. The second point I would make is it seems to me that we are in an odd position right now because, on the one hand, we are saying to the United Nations we want your support. On the other hand, we are asked to vote on a resolution that gives the United Nations the back of the hand and says regardless of what you do, we are going in. And if we go in unilaterally, I would just say to the chair- man again, I think that the consequences throughout the Near East and South Asia, the consequences in the world that we live in, and the consequences for our men and women that are there in Iraq could be very serious. I think we need to pay very special attention to that, the dif- ference between unilateral, going alone, and having the support of the international community. If it requires more diplomatic heavy lifting, we ought to at least make every effort to do that first. That would be my plea here today. Secretary KISSINGER. If one looks at the discussion taking place in the Security Council, it is interesting that none of the perma- 82 nent members has threatened a veto. For they know that, by ab- staining, if that is what they are indeed going to do, they will make possible a resolution that will support our action—assuming we can achieve nine votes. Britain will clearly be for us. And I am not sure that France will abstain. But it is not necessary now to speculate about what the individual countries may or may not do in a final vote. Second, as I pointed out before, I am convinced that, if military action is taken, we will not be acting alone and that there will be significant countries supporting the United States. None of this is absolute, and one always has to keep focused on the alternatives. But we all do seem to agree that we cannot acquiesce in the growth of weapons of mass destruction in Iraq, so what we are really talk- ing about is the means for dealing with that problem. The CHAIRMAN. Senator Allen. Senator ALLEN. Thank you, Mr. Chairman, and thank you both, our esteemed witnesses today, for your insights and comments. I think I speak for everyone on this committee that no one cares to risk lives unnecessarily of the men and women in uniform. We do not want war. It is not in our interest. However, when you think of the priorities of the Federal Government and you say, gosh, there are a lot of different concerns and priorities, the top responsi- bility is national security. Unfortunately, we only have a theo- retical unimpeded path to disarming Saddam Hussein. I would say to Secretary Albright that we have had briefings, and some of these briefings were of a highly classified nature. We cannot necessarily publicly state every bit of intelligence, very cred- ible intelligence, about the capabilities that Saddam has as far as chemical and biological weapons and the means of delivering those. One can be in a box and still deliver outside that box. Also, the con- cern is that he may transfer some of that capability to terrorists. I know, Madam Secretary, you were Secretary of State in 1998, and I do not mean to get into legalistic matters. But in 1998, the Senate passed Senate Concurrent Resolution 71 with all the Whereases and the Resolved clauses. In many ways, this resolution is a furtherance of it. In fact, it is entitled a furtherance of the 1998 resolution. As Secretary of State, did you support this resolu- tion, which urged the President “to take all necessary and appro- priate actions to respond to the threat posed by Iraq's refusal to end its weapons of mass destruction programs?” Secretary ALBRIGHT. First of all, we did want them to end every- thing in terms of their weapons of mass destruction. But the terms of that resolution were somewhat different. They were more narrow in terms of the scope for the President. My reading of it here is that it was to bring Iraq into compliance with its international obli- gations. I think part of the problem with the current resolution—and again, I do not think it is up to me as a private citizen to even begin to think about how you draft that last paragraph, but I think what is troubling to me as a private citizen is it sounds very much like a carte blanche to do things within the entire region. I think that is one of the questions and how much impact and activity the Congress wants to have in this. 84 I ask Secretary Kissinger: You mentioned if not now, why not now? It reminds me of Ronald Reagan's statement about if not now, when? If not the United States, then who is going to disarm Saddam Hussein for his clear violations? We do need to have our allies. Do you feel that if the United Nations does not act, that we still should act with as many allies as possible in the event military ac- tion is necessary? Secretary KISSINGER. Yes, I do because if we do not, we will face a worse problem a year or 2 or 3 from now. Senator ALLEN. Thank you. My time is up, Mr. Chairman. Senator SARBANES. Mr. Chairman, could I ask Senator Allen, when he quoted whatever it was he quoted to Secretary Albright, what was he quoting from? Senator ALLEN. I was quoting from Senate Concurrent Resolu- tion 71, which was a resolution passed in 1998 condemning Iraq's threat to international peace and security. This was the second re- solved point. Senator SARBANES. Did that pass? Senator ALLEN. I asked the Secretary if she supported it and she said she did. Secretary ALBRIGHT. If I might ask. I was thinking we were talk- ing about what happened August 14, 1998, which became public law. Senator SARBANES. That is not this resolution. This resolution did not pass, and the resolution that passed on August 14 and the public law that passed on October 31 were both more narrowly drawn. The public law on October 31 said at the end: “nothing in this act shall be construed to authorize or otherwise speak to the issue of United States armed forces except as provided in section 4(a)(2) in carrying out this act.” And 4(a)(2) talked about draw- down of military defense articles for the Iraqi opposition. And the other one, Public Law 105–235 at the end said that "the President is urged to take appropriate action in accordance with the Constitution and relevant laws of the United States,” which of course includes, amongst other things, the War Powers Act, and that was very carefully worked out in the Congress. And my understanding—and if I am wrong, I certainly want to be corrected—is that the resolution from which the Senator is quoting in fact was not passed by the Congress. Senator ALLEN. I would say, Mr. Chairman, to my good friend from Maryland, I wanted to ask what her position was on this reso- lution. This resolution, I would say to my friend from Maryland, Senator Sarbanes, was sponsored by the following Senators who are still here, and it had bipartisan support: Mr. Daschle, Mr. Leahy, Mr. Dodd, Kerry, Moynihan, Byrd, Wyden, Hollings, and Akaka, as well as others on our side of the aisle. Senator SARBANES. It did not have Senator Biden or me cospon- soring it or a number of others. In fact, it did not have Senator Lugar. I am looking at this resolution. When the resolution was fi- nally worked out, there was much more narrow and careful lan- guage. That is the only point I am making. I am laying this out because the premise that was given to the Secretary was that this was passed by the Congress, presumably 85 acquiesced in by the administration. The language you quoted was not passed by the Congress. I have the language that was passed by the Congress. In both instances, the relevant paragraphs are far more narrow and pointed than what you quoted to the Secretary, which was an open-ended thing. The fact that some people went on it when it was introduced—that was not the end product. Senator ALLEN. Nevertheless, I would say, Mr. Chairman, that it was the sentiments of those bipartisan leaders in it. I think we can all stipulate that matters in Iraq have not gotten less dire since 1998 when this concern was actually addressed by the Senate and with Secretary Albright as Secretary of State. Senator SARBANES. Oh, I am not addressing that issue. Maybe it is getting more dire, maybe it is not. I am just addressing the issue that you put a question to the Secretary, the premise of which was that that language had been adopted by the Congress, and that is not the case. Secretary ALBRIGHT. Senator Sarbanes, I appreciate very much the clarification because the language that I have here that I was responding to was out of Public Law 105–235 that does, in fact, have the final paragraph from which I quoted in responding to your question. Senator SARBANES. It says any action should be “in accordance with the Constitution and relevant laws of the United States.” Is that correct? Secretary ALBRIGHT. Right, and to bring Iraq into compliance with its international obligations, not the broad language that is in the resolution that has been proposed by the administration that, as I said, gives carte blanche to the administration to do what it wants in the Middle East. I disagree with that, and I hope very much that that will, in the course of this, be redrafted. But to the point, Senator Allen, I think that we have all, over the years, tried to figure out how to deal with the horror of Saddam Hussein and the mood in the country is different at different times. I am very proud of what we tried to do to keep him in his box. Senator ALLEN. Well, as we develop this draft resolution we will fine tune it, if it needs fine tuning-and any legislative branch is naturally going to change something; that is just the nature of a legislative branch of the government. But the draft resolution does say the President is authorized to use the means he determines to be appropriate to enforce the United Nations Security Council reso- lutions that are referenced above in the Whereas clauses. I think that the chairman does have some good ideas that I would like to work with him on, particularly having allies join with us. The CHAIRMAN. I do not want to take up Senator Boxer's time. She has been so patient. But I was involved in that negotiation. I will not characterize anybody else. I will speak for myself. The reason why I felt com- fortable in voting for the amended resolution was the addition of the paragraphs that said “the Government of Iraq is in material and unacceptable breach of international obligations. Therefore, the President is urged to take appropriate action in accordance with the Constitution and relevant laws of the United States.” 87 I personally demand that Iraq live up to the U.N. resolutions, particularly regarding inspection and dismantlement of weapons of mass destruction. They agreed to it. They must live up to it, and the world must ensure that, not just our Nation, because if it is just our Nation, I am very worried, as the Senator from the largest state in the Nation, about the risks and the cost borne by our peo- ple. The world must step up to the plate, and I think the world will if we do this right. Yesterday, Senator Danny Inouye took to the floor. Danny Inouye is a war hero. He has more medals than, I do not know, probably anyone that I know. The CHAIRMAN. Including the Medal of Honor. Senator BOXER. Including the Medal of Honor, and I want to tell you what he said. He said, “there are those who plan war and there are those who fight war,” and as we sit here talking about post-war regime in Iraq, as we sit and plan for that, I want us to think for a moment the path we are taking if we do not follow the path for peace that I heard outlined here today, and I would ask unanimous consent, Mr. Chairman, at this time to introduce into the record an article in today's USA Today. It is entitled, “In Iraq's Arsenal: Nature's Deadliest Poison.” Bot- ulinum toxin might be the most diabolical of Saddam's terror tools, but the U.S. is far from ready to protect its troops. I would like to put that in the record. The CHAIRMAN. Without objection. [The article referred to follows:] [From USA Today, September 26, 2002] IN IRAQ'S ARSENAL: NATURE'S DEADLIEST POISON (BY STEVE STERNBERG) Botulinum toxin might be the most diabolical of Saddam Hussein's terror tools, but the U.S. is far from ready to protect its troops—the only remedy is antitoxin made from horse serum. In the year since an unknown bioterrorist stuffed envelopes with anthrax and mailed them, the government has stockpiled anthrax vaccine and antibiotics, planned mass vaccination campaigns and ordered 209 million fresh doses of small- pox vaccine. Yet the United States is still unprepared to contend with other agents on its A- list of potential biowarfare threats, especially botulinum toxin, an experimental ter- ror tool of Saddam Hussein's. Botulinum toxin, the most poisonous substance known, is about 100,000 times deadlier than the neurotoxin sarin, which was used in an attack on Tokyo subways in 1995 that killed 10 and sent 5,000 people streaming into hospitals. During the Gulf War in 1991, Iraq reportedly stockpiled thousands of liters of the botulinum toxin and funneled some into bombs. Today, as the United States edges closer to another war with Iraq, U.S. troops would be just as vulnerable to botulinum toxin as they were a decade ago. There's still no government-approved vaccine, and the only antitoxin is made by extracting antibodies from the blood of vaccinated horses using decades-old technology: Antitoxin, which clears toxin from the blood, is so scarce that there isn't enough to safeguard thousands of troops from a botulinum attack. There are other major problems: Antitoxin is too difficult to administer on the battlefield, and it can have life-threatening side effects. Although a žlst-century biotechversion is in laboratory trials, it will be years be- fore the experimental antitoxin reaches battlefield or civilian stockpiles. “Unfortunately, there's nothing really available for people yet, other than horse serum,” says George Lewis, a retired Army veterinary microbiologist who oversaw 88 the program that developed the equine antitoxin shipped to Saudi Arabia during the Gulf War. When botulism strikes, it strikes hard. The toxin destroys the nerves that enable people to breathe and swallow. Until the nerves regenerate, which takes weeks or months, paralysis sets in. Without ventilators and mechanical life support, victims almost always die. Botulinum toxin's availability and lethality make it a potentially fearsome weap- on. It is difficult to defend against on the battlefield or in the hands of urban bio- terrorists, who wouldn't have to kill millions or even thousands to have a consider- able impact. The toxin was so popular among Iraqi bioweapons scientists that they claimed to have produced botulinum toxin on an industrial scale. After the Gulf War, Iraq told U.N. weapons inspectors that it had stockpiled nearly 20,000 liters of toxin in solu- tion in anticipation of a U.S. attack. Some of it, Iraq said, had been loaded into more than 100 solution-filled "wet bombs," which were never used. Security analysts believe Iraq's bioweapons arsenal is much larger than Iraqi leaders acknowledge. Even the experts can only guess at what Iraqi biologists have cooked up since 1998, when U.N. inspections ended. “The biological program is a black hole,” says Avigdor Haselkorn, a Defense De- partment adviser with the Geopolitical Forum, a consulting group, and author of The Continuing Storm: Iraq, Poisonous Weapons, and Deterrence, an analysis of the Iraqi program. If Saddam had chosen to use botulinum in 1991, he would have caught the U.S. military with its guard down. At the start of the Gulf War, the U.S. stockpile of equine antitoxin totaled roughly 2,600 doses. During the war, the Army bought a herd of horses, vaccinated them and began extracting their antibodies for antitoxin. But three years after the war, the funding died and the effort ended. Military experts concede that biohazard suits and a costly, crude vaccine remain the best defense against a battlefield botulinum attack. Antitoxin won't help much on the battlefield, they say, because it must be given via a prolonged intravenous drip right after exposure. “If there was a massive exposure on the battlefield, there aren't enough medical assets to give antitoxin to enough people,” says Col. David Danley of the Army's Joint Program Office for Biological Defense. Where it comes from The toxin is made by a microscopic bacterium, Clostridium botulinum. Most peo- ple think of botulism as a scary byproduct of careless home and commercial canning, because the bacterium grows—and produces toxin-only in airless environments such as vacuum-packed jars and cans. Adults get botulism from direct exposure to the toxin in food or dirty hypodermic needles, where spores can germinate in leftover liquid. But adults represent just one-third of the roughly 100 cases that occur in the USA each year. The rest are infants who are infected with spores traveling on dust motes in air or who are un- wittingly fed spore-carrying honey. The spores germinate in the oxygen-free dark- ness of the infants' intestines, producing toxin from within. Microscopic C. botulinum spores, which are found in backyards everywhere, are easily accessible to those with the know-how to extract and grow them. In the hands of an urban terrorist, experts say, the toxin could wreak havoc. “More people have died from West Nile virus than died from the anthrax letters, but the chaos and terror and economic impact of anthrax were incalculable. You could do that with botulinum toxin,” says Stephen Arnon of the California Depart- ment of Health, who led the effort to develop a human version of antitoxin to treat infants. “With the simplest of lab equipment, for $1,000, you could make enough toxin to kill hundreds of people.” If a bioterrorist were to release a cloud of botulinum in a major city, 50,000 people would get sick, and 30,000 of them would die without antitoxin treatment, according to a report released this year by the National Academy of Sciences' Institute of Med- icine, a think tank financed partly by Congress. Because 80% to 90% of the beds in any intensive care unit in any given city are usually full—and because most cities have just a few hundred intensive care beds fewer than 100 cases of botulism could lock up every intensive care ward in a city like San Francisco for weeks, says James Marks of the University of California-San Francisco, an author of the report. The gridlock would displace cancer patients, heart patients and candidates for elective surgery, Marks says, depriving them of life support and turning them into “collateral damage.” 89 nation." The religious sect Aum Shinrikyo attempted to weaponize botulinum toxin before its attack on the Tokyo subway system. Aum Shinrikyo's attempt failed because the botulinum variant members used turned out to be non-lethal. Sarin was the group's second choice. “Botulinum toxin is a very scary agent,” says Arturo Casadevall, an infectious-dis- ease specialist at Albert Einstein College of Medicine in New York. “We wouldn't know we were attacked until we had an epidemic of paralyzed people with no expla- Casadevall notes that ordinary medicines wouldn't help the victims. “One of my fears,” he says, “is that if we get hit we wouldn't have enough respirators in New York City. If you had an attack that involved thousands of people, you couldn't put them in the intensive care unit).” Quick access to antitoxin would shorten the course of the illness. If a bioterrorist were to release a cloud of botulinum toxin in a big city, antitoxin could save about half of the lives that would be lost. But antitoxin is in perilously short supply. After the Gulf War, the Army stock- piled 5,000 doses of finished antitoxin from its herd of horses. The Centers for Dis- ease Control and Prevention stored some of what remains in freezers, but officials will not disclose exactly how much they have on hand. The Army put 45,000 unproc- essed doses into the deep freeze. In 1999, the Army abandoned the program and donated 53 horses to the Air Force Academy stables. Some were auctioned or sold, stable manager Billy Jack Barrett says; others are kept at the stables for cadets and others to ride. The story of the Army's botulinum antitoxin program provides a compelling exam- ple of the nation's once-ambivalent commitment to biodefense, experts say. Before the Gulf War, most military analysts were more concerned about nuclear and chemical weapons than they were about biological agents. In 1972, 140 coun- tries—including Iraq-renounced offensive biowarfare by signing the Biological Weapons Convention. But the treaty didn't deter Iraq from launching a covert bio- weapons program. CIA bioweapons analyst Kimberly Stergulz says bioterrorism offers rogue nations like Iraq-and “non-state actors” like al-Qaeda--cheap access to weapons of mass destruction. A rogue nation can launch an extensive biowarfare program for about $10 million, compared with the $2 billion needed to build nuclear arms. Analysts estimate that by the time Iraq invaded Kuwait in 1990, Baghdad had spent $100 million on biowarfare delivery devices and agents. Besides botulism, the Iraqis brewed up vast amounts of anthrax; ricin, a castor-bean toxin that blocks breathing and circulation; and Clostridium perfringens, which causes gangrene. No one knows how effective Iraq's arsenal would have been had Saddam elected to drop those bombs. Some animal research suggests that botulinum is 40 to 80 times more lethal when it is consumed in food than when it is inhaled into the lungs. Before the United States abandoned offensive bioweapons research in 1969, tests on Horn Island, near Pascagoula, Miss., suggested botulinum isn't effective when it's dropped in a small bomb. “It just didn't kill guinea pigs downrange,” says David Franz, former commander of the U.S. Army Medical Research Institute for Infectious Diseases. But a British intelligence report released Tuesday says Iraq is “judged to be self- sufficient” in the technology needed to improve its bioweapons, including fer- menters, centrifuges and spray dryers. The L-29 drone aircraft developed by Iraqi engineers are basically high-tech crop-dusters capable of unleashing up to 80 gallons of toxin or other agents in a deadly mist. In the wake of Sept. 11 and the anthrax attacks, the government has developed a renewed interest in the botulism antitoxin, says Nicholas Pomato, vice president of research at Intracell, the Gaithersburg, Md., biotech firm that made the antitoxin during the Gulf War. Intracell has begun negotiating to finish the job of processing the Army's stored horse serum, Pomato says, at a cost of $15 million to $20 million-about $500 a dose. “Double that cost if you start making the material from scratch again from horses,” Pomato says. But he adds that it will take time to outfit a processing facility and begin the work. New supplies, he says, won't be tested and ready for use until next year. Since the Army has decided not to stockpile antitoxin because it would be un- wieldy to use on the battlefield, Pomato says, the CDC plans to take over the serum for use in the event of a bioterror attack against civilians. But horse antitoxin isn't without drawbacks. The human body might recognize it as foreign and reject it, much as it would a transplanted organ. Doctors who admin- ister antitoxin must keep drugs on hand to counter allergic reactions and rejection. 90 Ironically, because botulism is such a rare disease, drug companies have elected to invest in more profitable products—such as the toxin itself. A purified form of botulinum toxin, sold as Botox, is used to treat a long list of ailments, including eye- muscle spasms, post-stroke spasticity, migraine headaches and cerebral palsy. Botox's popularity as a wrinkle relaxer also promises to turn it into a billion-dollar cosmetic drug. The anthrax attacks, impending war with Iraq and an imminent flood of govern- ment research money could provoke new interest in treating the botulism itself. Marks, at the University of California-San Francisco, and his colleagues at the Army's infectious-diseases research institute already have begun exploiting the new tools of biotechnology to develop an alternative to equine antitoxin. In late August, they reported success in developing a trio of genetically engineered human antibodies. Given together in animal tests, the three antibodies inactivated botulinum toxin type A, the most lethal toxin and the one preferred by Saddam. Biotech antitoxin, Marks says, could "deweaponize” botulinum toxin. Because the antibodies persist in the body for months, troops going into battle could be immunized; protection would last six months. The antibodies are 100 times stronger than the human antibodies used to treat infants, but the experimental antibodies will take years to develop. Human clinical trials have not yet begun. Moreover, type A botulinum toxin is only one of seven types; different antibody cocktails must be identified for each one. Marks says vast amounts could be made cheaply in high-production fermenters to treat civilians stricken in a bioterror attack. "One kilogram could treat 10,000 people,” he says, and an industrial fermenter could crank out 120 kilograms a month. The challenge now, Marks says, is to “make them, get them into humans and see if they work.” The Army has a vaccine, developed years ago, that primes the immune system to make its own anti-botulinum antibodies. It is rarely used because so few people run the risk of exposure to the toxin. The vaccine has never gotten government ap- proval because the Army has never been able to mount a large-scale study showing that the vaccine works. As a result, the vaccine can be used only under a special exemption from FDA rules. Newer vaccines are also in the works, but they are years from winning approval. The Botox connection In an odd twist, vaccinating soldiers or civilians also would immunize them against Botox, the only potential bioterror agent approved for use as a drug. Botox, which is made by Allergan, poses a dilemma to health officials and bio- terror strategists. Vaccinating soldiers and the public would protect against expo- sure to the toxin, but it also would deprive people of Botox's benefit—and knock a blockbuster product with estimated sales of $430 million this year off the market. Former FDA commissioner Donald Kennedy, a Stanford University neurobiologist who has used the toxin for years in research, says the risk of leaving the public un- protected is just too great. “Who would have imagined a world in which terror weapons are used as beauty aids?” Kennedy wrote in a recent issue of the journal Science. Kennedy, the journal's editor, worries that mass producing Botox, and trying to improve it, will ultimately make it a bigger threat. “I think we should develop a vaccine,” he says. Allergan vice president Mitchell Brin, a Botox pioneer, says his firm has chosen to stay out of the vaccine debate. Brin says the company has assured the govern- ment that it will keep its Botox operation secret to preserve national security. “We don't talk about our manufacturing facilities,” he says. “We've agreed to keep a low profile.” WEAPONS AGAINST BIOTERRORISM—(BIOTERROR AGENT) Anthrax Symptoms: A high fever and flu-like symptoms for inhalation anthrax; a black le- sion from cutaneous anthrax. Anthrax cannot be transmitted from person to person. Defenses: Antibiotic Cipro, which must be taken for 60 days, is the only drug ap- proved by the Food and Drug Administration to treat inhalation anthrax. But so far, all of the anthrax strains have been identified also have been sensitive to doxycycline and other tetracycline antibiotics, as well as penicillin. Bayer, maker of Cipro, tripled it production last fall. 91 Botulinum toxin Symptoms: Botulism always begins with paralysis in the muscles of the head, eyes and face and throat. The first signs appear 12 to 72 hours after exposure. They are typically droopy eyelids, the absence of smile lines around the eyes and dilated pupils. Paralysis descends down the body, with muscles growing limp. Muscles that govern breathing and swallowing stop working. Patients need life-support to sur- vive. Defenses: An experimental vaccine made from inactivated toxin is used mainly to protect people who work with botulinum and Botox (purified toxin, which is sold as a drug). Newer biotech versions are also in the works. Human anti-toxin made of antibodies from the blood of vaccinated humans is used to treat infant botulism. Horse antitoxin, made from the blood of vaccinated horses, is used to treat adults with the disease. Smallpox Symptoms: High fever, chills and head and back aches begin one to six days after exposure. A rash forms on the face, arms and legs and can cause severe scarring. The disease is spread through person-to-person contact. It is highly contagious, es- pecially in populations in which few people have been vaccinated or have had the disease. Defenses: Vaccination against smallpox in the USA ended in 1971; the world's last naturally occurring case was in Somalia in 1977. The United States currently has 155 million doses of vaccine made decades ago kept in storage. Another 209 million doses have been ordered and are expected by the end of the year, bringing the total supply to 364 million doses. Tularemia (also known as rabbit fever) Symptoms: The bacteria-borne disease cannot be spread from person to person; it is usually spread through contaminated animals or meat. Initial symptoms include fever, chills and weakness. Tularemia triggers pneumonia, pleuritis and lymph-node disease within three to five days of exposure. The disease is rare in the USA, but outbreaks commonly occur in Europe and Russia. Defenses: Tularemia is treated with antibiotics; the military has a vaccine, but it's not available for general use. Treatment with antibiotics after exposure is effec- tive. Plague Symptoms: High fever, chills and headache begin one to six days after exposure. Death can occur within two to four days. Defenses: The vaccine for bubonic plague, which is transmitted by fleas, is not ef- fective against the aerosolized form that would be used in bioterrorism. Antibiotic treatment must begin within 24 hours of symptoms to improve chances of survival. Viral homorrhagic fever Symptoms: Depending on the virus (Ebola, Marburg, others), symptoms can be high fever, diarrhea and muscle aches, followed by severe chest pain, shock and bleeding. Death can occur in seven days. Defenses: No licensed vaccines exist for any of these diseases, though experi- mental versions have been made for yellow fever and Argentine hemorrhagic fever. The only therapy is supportive, mainly intravenous fluids. An antiviral drug called ribavirin has proven useful in people with Rift Valley and Lassa fevers. An oral form can be used when there are mass casualties and not enough health workers or equipment to give it intravenously. Senator BOXER. I think sometimes we are not paying enough at- tention to this, at least in my opinion. I want to say that I listened to National Security Advisor Condoleezza Rice with great interest, and I spoke to the chairman about what Condoleezza Rice said today about the presence of al- Qaeda in Iraq, and Madeleine Albright, Secretary Albright, you re- ferred to this, and to me it was very interesting. It seems a whole new line is developing here as a rationale, and since she raised the question, which we have been briefed on but none of us really raised it, I want to say today what I believe to be the case. I believe there may be some al-Qaeda there. I also be- lieve, in my opinion, from what I know, there is more al-Qaeda in 94 and said, you are allowed to have an Iraqi military person standing in the room. That is unacceptable. We also discussed the possibility of the need for a military force to accompany the inspectors, and to that, and I am anxious to hear what the Secretary of State has to say, the Foreign Minister said he was open to that. The Russians were open to that. So I would not be so quick—and I know neither of the witnesses are sug- gesting it. I would not be so quick to suggest that Secretary Powell may not be able to pull off something very positive here to get us down this road we all say we want to go down. So I just want to make those two points as it relates to how it is beginning to move, and hopefully, God willing, and my grandpop used to say, “and the creek not rising,” we could end up at the end of the day with the same kind of resolution agreement we had as we work through the 1998 resolution with sufficient safeguards built into it. But at any rate—and Senator, you and the Senator from Florida can take additional time to ask your questions, because you have been so patient. Senator CHAFEE. Well, thank you, Mr. Chairman, very much. I know we all share the same goals and had a good discussion about that, but one of the areas that does concern me is the international relations that have been, the dynamics that have been created by this initiative and, of course, the elections in Germany are, I guess, on the front burner as to how that became an issue in that country. But one—and you read the comments from the various inter- national leaders from around the country, whether it is China, Japan, Kuwait, even our friends in Canada, they are all expressing concerns about this, but particularly one of the quotes was from President Mubarak, who is maybe one of the deans in the Arab world, has been there since the early eighties as the leader of his country, and he said just several weeks ago, “if you strike Iraq, not one Arab leader will be able to control the angry outburst of the masses.' And maybe we should not argue, just for the sake of discussion, about whether he is right or wrong, but supposing he is right, then what happens, and from your experience, maybe you could take us down that path. What countries are most susceptible in the region to the angry outburst of the masses? Jordan, certainly King Abdullah has expressed concerns, and where do we go? Then do we go into Jordan and help him out? Do we go into Saudi Arabia or Egypt to help them out? Maybe you could go down that path a little bit, if he is right, just for the sake of argument. Ms. ALBRIGHT. First of all, could I just say I appreciate Chair- man Biden straightening out the business about exuberance, be- cause I did not say it about the President or the whole administra- tion, but I do think, as I said earlier, that there are those who had an agenda even before this started, so that concerns me. I think Secretary Kissinger is right when he says that if we go in and do this ultimately there will be some that have said they would have nothing to do with us that will have something to do with us, so I do not dispute that. 96 Dr. KISSINGER. That is right. I had not understood the degree to which such feeling had evolved, but it surely has deeper causes than a reaction to the immediate tactics regarding this situation. Senator SARBANES. I thank the Senator. Senator CHAFEE. Thank you. I will just followup a little bit. At a hearing we had earlier this month, I asked one of the wit- nesses about spontaneous combustion that has happened, and spe- cifically I mentioned Iran, and how we were caught so flat-footed. It just seemed to happen overnight. We did not even get our em- bassy evacuated, obviously. The witness responded by saying yes, as a matter of fact, one of the leading scholars in the area wrote a book, “Iran Under the Pahlavis,” by Professor Lenkowski, if I have pronounced it right, and saying it is the most stable regime in the region—his book was not a best-seller—so we have to be aware of that, and when Presi- dent Mubarak is making these type of statements, no Arab leader will be able to control the outbursts—let me get it right, the angry outbursts of the masses, I think we have to listen, and if we are going down this road, go down it. And I guess I will ask one more time, if Jordan is, the Arab lead- er cannot control the outburst of the masses, or Egypt, for the sake of argument, then what do we do? Ms. ALBRIGHT. Could I, Senator—I think that—I hate to, I really do hate to disagree with Henry on this. I think that as we look at what the causes of terrorism are—I remember, Chairman Biden asked me when I testified sometime ago whether poverty was the cause of terrorism, and I remember saying, we do not know that. We do know that there are people who are looking for reasons to be opposed to us that are part of societies that are dysfunctional, or where there is a great gap between the rich and the poor, or peo- ple have no way of knowing what their future will be, that they are out there as potential recruits for terrorism and therefore, if the streets explode, it is not just a matter of controlling them by the monarch or the ruler. It may be impossible, and it may, in fact, cre- ate an environment that hurts us in the overall fight against ter- rorism, and that is my concern. Senator CHAFEE. I would agree with that. Thank you, Mr. Chairman. Dr. KISSINGER. One has to go back to the fundamental issue: that there are stockpiles of weapons of mass destruction in Iraq, in vio- lation of the U.N. resolution; that we are engaged in a diplomatic process to attempt to deal with this. First of all, does Mubarak really mean this, and second, even if he does, can we ultimately be deterred from doing what we should do and leave these weapons undisturbed? Will that not create a worse problem with the streets as time goes on? These are the questions that need to be addressed. Senator CHAFEE. I know my time is up, but I guess I did not get an answer to the question, what does happen, just for the sake of argument? Do we preemptively go into Jordan if there is someone there, but I do not want to take any more time. Dr. KISSINGER. The word “preemptively” is being thrown around too loosely in the debate. It has always been understood that, if there is a fundamental threat to national security, one reserves the option for military action. There have been occasions in the past, 98 Laden in Afghanistan and, as these terrorist cells exist, it cannot be precluded. But what it means in an international system both as a concept and as something that can be more or less universally accepted so that it does not become arbitrary, is a problem we are at the beginning of not at the solution of it. Senator NELSON. Mr. Chairman, I have come away from this dis- cussion and others we have had both in this committee and our other committee, the Armed Services Committee, thinking that the draft resolution that was sent to us clearly needs to be changed, that Ambassador Holbrooke had four suggestions of change yester- day that I think were excellent, and I am just curious about the views of our two witnesses here with respect to those suggestions. One was to delete the clause that would seemingly give carte blanche to go into the whole area, and nail it down just as a resolu- tion authorizing force in Iraq, another one was to make reference to a U.N. Security Council resolution, a third would be the execu- tive branch reporting clause to the Congress, and a fourth was a clause as to the post-conflict Iraq, and what would be our planning efforts and responsibilities there. Are we moving in the right direction with such changes to the resolution? Ms. ALBRIGHT. Well, I do not think that as a private citizen it is absolutely right to give you suggestions on this, but my problem with the resolution that came here is its broadness, and you all have in previous ways worked out a resolution that makes clearer what the co-responsibility of the executive and legislative branch is in this, and as somebody that was in an administration that we al- ways have had discussions about the war powers, I do think that it is up to you all to figure out how to refine this, and it is essen- tial, frankly, but I am not sure it is appropriate for me to make suggestions. Senator NELSON. Thank you, Mr. Chairman. Dr. KISSINGER. I have not studied the resolution enough to make suggestions. As a general proposition, however I think the Presi- dent should be given authority of a nature that makes clear that: No. 1, the Congress understands the relationship of the Iraq issue to other issues in the area, and does not just deal with it or look at it in strictly Iraq terms; and No. 2, that the President is given adequate flexibility to deal with this as to reporting requirements. Senator SARBANES. I am not clear on that answer. Is it your view the President should be authorized to take military action with re- spect to issues in the region, and not just with respect to Iraq? Dr. KISSINGER. I am now most concerned about the issue of Iraq. The resolution should clearly indicate the relationship of the Iraqi issue to others, though I really have not studied this enough to make drafting suggestions. The CHAIRMAN. Senator Brownback. Senator BROWNBACK. Thank you, Mr. Chairman. Thank you both very much for being here, and for lasting through this. A couple of quick things. I want to apologize for not being here during a portion of this hearing. There were other hearings I had to be at. A point that I would like to make is, at least for this Member, if we need to narrow the resolution or add restrictions or reporting 100 country, north and south and in the middle, but that this could be a very strong force for democracy once Saddam is removed in that region. Secretary Albright, you would have dealt with that a lot as Sec- retary, and probably had a lot of opportunity to think about that recently as well. Ms. ALBRIGHT. Well, I think it would be much wished, and clear- ly the population of Iraq is a little bit different in terms of its mo- dernity and education from some of the other places, but the ques- tion that I think we have, and we raised, was, what is the plan to get from here to there, that it will not be simple, that there is not only the potential of democracy, but also the potential of inter- necine fighting before we get there, and what I have wanted to hear a little bit more from the administration, what is the plan from getting here to there? I am chairman of the board of the National Democratic Institute, that has been working very hard at looking at different ways that democracy might be possible in the Middle East. We have pro- grams in Yemen and Bahrain, and I am not one of those people who believes that it is impossible to have democracy in the Middle East, but I think that we have to get there in a systematic way, and understand how we get there, and I must say that while I have a great deal of respect for those people who try to work with the Iraqi National Congress, it is not a group that I think is quite—has shown so far that it has the continuity and the coopera- tion within it to be ready to have democracy. I have talked to the Kurdish leaders. They would so much like to hear us talking about not regime change but a freeing of Iraq, and I think we should be thinking about that, but I think it is a long way between here and there, and that is why we need to see a little bit more how we get there, and what the role of the United States in that will be. Dr. KISSINGER. I would say that the choices with respect to weap- ons of mass destruction are relatively limited. Our choices after a military operation will require us to bring about substantial im- provement in Iraqi conditions. I would consider it unlikely that one could move there to full democracy in a very brief time. However I think it is essential to move to accountability of the government institutions toward some type of constitutional system, and to sub- stantial improvement in the lives of the population. We cannot do that all alone and it will require an international effort. Senator BROWNBACK. I would certainly agree with that. I think there is a potential to do something extraordinarily positive for a lot of people and extraordinarily positive for our security here, not without huge risks, substantial risks, but the risks of waiting I have concluded are greater than those of acting now. Thank you, Mr. Chairman. The CHAIRMAN. You have been very patient. With your permis- sion, I would like to let Senator Sarbanes-he says he has another question, and I know you missed your shuttles, two of them here. Senator SARBANES. Mr. Chairman, I am looking at a dispatch from a Virginia paper reporting on a meeting at the University of Virginia on Tuesday at the Miller Center, at which General Scow- croft and Secretary Eagleburger spoke. They had a crowd of, it says 102 Senator SARBANES. What do you think we should do about these four countries here? Dr. KISSINGER. Well, one would have to deal with them, and there is no general rule. Somalia has no government, really at least no effective government. Thus the question is, what are these places actually doing? Yemen has a government, but not in every region of the country. With respect to bases from which terrorist attacks are being planned or might be planned against the United States, we cannot exclude, ultimately, the use of military action. Obviously, a country like Indonesia is of such a magnitude that this is not something to be done except under the most extreme provocation—which does not exist right now. It is not even clear whether there are bases on these islands, as some people claim, so one would have to go about this country by country, and consider the nature of each threat. The CHAIRMAN. Not that you ever need me to defend you, Dr. Kissinger, but as I listened to Senator Sarbanes and your response, am I missing something, or is there—it seems to me that your un- derlying premise is that if and when the President takes action, he is not going to be antagonizing the rest of the world, that he is going to have a sufficient portion of the rest of the world with him. Is that, I mean, because I think everybody agrees- Dr. KISSINGER. That is my underlying premise. The CHAIRMAN. Again, though there is a disagreement, one of the things that I find the most difficult as I try to go through this Dr. KISSINGER. It depends upon how you define the rest of the world. But, as a general principle, if you take all the major coun- tries and all the other countries, I do not believe- Senator SARBANES. What is your analysis if it is done unilater- ally? The CHAIRMAN. In other words- Senator SARBANES. What is your analysis if it is done unilater- ally, American military action unilaterally? Ďr. KISSINGER. I do not believe it will happen. Senator SARBANES. But we have to reason this through, do we not? Dr. KISSINGER. But I am convinced that Senator SARBANES. Would you condition the President's ability to act on the premise that it not be unilateral? Dr. KISSINGER. We pay a higher price if we act unilaterally, but I have enough confidence in the President that, if he did act, I would assume it to have been necessary. Senator SARBANES. Well, the rhetoric that has been used it seems is moving us increasingly to the position where we do not have options. If they do not act, then we say, aha, he did not act. He said he was going to act, unilaterally or not, and he did not do it. The CHAIRMAN. Well, if I can, you have been here 3 hours. You have been incredible. I just want to conclude by thanking you and also pointing out what I think is a fair statement, I hope is a fair statement, and that is that, as it relates to Saddam Hussein in Iraq, as policymakers writ large, the President, the Secretary of State, the Secretary of Defense, they are never going to have more than 75 percent of the facts they need to know to be certain. 104 post-conflict resolution questions and what we do. He says, “the re- quirements are providing a core security for the largest city, about 10 million in population, in the largest state, which is about 40 per- cent of the population, and humanitarian efforts, securing WMD and associated facilities, patrolling the Iranian border areas, the Kurdish areas, protecting the Shat Al-Arab oil fields, monitoring the region from the Tigris to the Euphrates, and Syrian border- the Tigris and the Euphrates contain the bulk of the population- and then conducting the integrated disarmament and demobiliza- tion process in coordination with the integrated efforts.” He goes on to say, "the total cost of this force, once again based on U.S. equivalence—there is wide variation in the country—could range up to $16 billion and a force of 75,000 to operate within Iraq.” Now, it may not be 75,000, but I will conclude by saying, in my last meeting with the President, along with 10 other congressional leaders, the President turned to me in the presence of everyone, as he asked other people, and he said, “Mr. Chairman, what do you think,” and I said, Mr. President, I will be with you as long as you make a clear case to the American people, including telling them we are going to have to be there for a while, we are going to have to put American forces on the ground there for a while, and it could cost a lot of money. His response was, “I will do that.” That has not been done yet. Senator BROWNBACK. Mr. Chairman, you are very thorough. Would you mind if I make just a quick comment on this regard, because I think you have got quite a valid point. I mentioned to other people the calls into my office, many are running against this, even though polling numbers say they are for it. What the President did at the U.N. was, he spoke at the United Nations, and I did not hear new information come forward, but he recited, here is the case. I think we should have the President up to a joint session of the Congress and have him say, here is the case, and here is what we will do, because what the U.N. did, and what the President took advantage of there was to say, OK, you want me to go to the United Nations, I will go to the U.N. Here is my case, and when you put it all together, it stacks up that Sad- dam has made a great case against himself. He is the one who has made the case. I think if the President will come up to a joint session of Con- gress, address the Congress and the American people similarly, here is the case, and that you will cumulatively see, in the private briefings we have, and the public hearings we have had, an ex- traordinary condemnation, but it does need to be laid out collec- tively to the American public, because you are right, no policy of ours, if it is to engage a war effort in this country, can be sustained without the sustained support of the American people, and I think that would be an important thing for the President to do and for us to engage. The CHAIRMAN. I am making that point, and I appreciate the witnesses sticking around for our intramural discussion here, but I am making an additional point, an additional point not merely what the threat is, which is critically important, but what we are 105 going to ask of the American people to meet the threat. I think they are prepared, but we have to tell them. What I worry about after being here 30 years, I do not want to go through a process where we engage, we succeed on the military front, we lose some or many American forces in the process, but we will succeed and then find 18 months from now we do not have the same people who called for going to war refusing in the budget price to say, I am going to vote for an extra $30 billion for Iraq this year, instead of—which will have to be made, instead of a tax cut, or prescription drugs, or for whatever it is, because those are the choices we are going to have to make. And I watched in Afghanistan, Mr. and Mrs. Secretary, I asked, I sat with the President for literally hours, over 3 hours on this. The President said, we need a mini Marshall Plan. The President said, we need to have forces there to provide security. The Presi- dent said, this was a long term obligation. The President said, we are in there for the long haul. We cannot get the House and we cannot get some of our colleagues to vote the money we need there. Now, I do not want to be around when my son, who just got back from Kosovo, or his friends are sitting in the middle of Baghdad and the U.S. Senate says, well, wait a minute, you did not tell me that we had to vote for an extra $10, $20, $30, $40 billion to finish this job. I want everybody on the line. My father, who died 2 weeks ago, used to say, “I like to know who is in charge so I know who to hold responsible,” and I am pre- pared to do it, but I do not want to be part of an outfit that votes to send us to war, or gives the President that authority, and then leaves him hanging, or is unsure whether the President is willing to come back to us and say, pay the price. I promise you if we go, forget your permanent tax cut. There is not enough money. If we go, forget the idea that we are going to have a massive new health care program. Now, that, I am prepared to make those choices, but let us not kid the American people, be- cause I am not in for a guns and butter routine here. I am not going down that route again. I first met the distinguished Secretary of State when I first got here as a 29-year-old kid, and our first meeting was on the Viet- nam war. I am not going to go there again. We have to tell the American people what the likely price is, even though we do not know for certain. It may be a lot less. We will have the present Secretary of State at 2:30. I thank my colleagues. This has been incredibly helpful, and you have been here for over 3 hours. We owe you. [Whereupon, at 1:35 p.m., the committee adjourned to reconvene at 2:30 p.m., the same day.] AFTERNOON SESSION The committee met, pursuant to notice, at 2:45 p.m., in room SD–419, Dirksen Senate Office Building, Hon. Joseph R. Biden, Jr. (chairman of the committee), presiding. Present: Senators Biden, Sarbanes, Dodd, Kerry, Feingold, Wellstone, Boxer, Bill Nelson, Rockefeller, Helms, Lugar, Hagel, Gordon Smith, Frist, Chafee, Allen, and Brownback. 83-463 D-5 106 The CHAIRMAN. The hearing will please come to order. Good afternoon. It's a pleasure to welcome the Secretary of State, Sec- retary Powell, back to this committee. Mr. Secretary, as you know, in late July this committee began hearings on U.S. policy toward Iraq and our purpose—and it's no surprise to anyone, because we've both said it, you and I had dis- cussions back then about those hearings and whether they should take place and so on and so forth, and we've cooperated in this all along, as has the administration, generally. Our purpose was to start a national discussion on Iraqi policy, raise the difficult ques- tions that surround it, and consider how that policy should move and in what direction. We've heard from a broad range of experts and expert witnesses. Elsewhere, prominent Americans with decades of experience in for- eign and national security policy have spoken out, and the Bush administration has begun to do so, as well, in public statements and hearings before the Congress and President Bush's important speech to the United Nations General Assembly and, I would note, in your testimony before our counterparts in the House. As a result, I believe there's an emerging bipartisan consensus on some basic principles for moving forward on Iraq. I want to make it clear I speak for no one but myself here. I'm not speaking for the committee, for the Democratic Party, or for anyone; I'm just saying what I think is emerging here. And I think the emerging consensus on some basic principles is, in no small part, due to your leadership. First, Iraq is the world's concern, not just the concern of the United States. Mr. Secretary, I know that you were instrumental- I believe; I don't know you were instrumental in shaping the President's speech to the United Nations. I thought it was a dev- astating indictment, by the U.N.'s own standards, of Iraq's defiance of the international community. For more than a decade, Saddam has flaunted solemn obligations, obligations made not to the United States alone, but to the United Nations, and the President was right to take the issue to the United Nations, and right to make it clear that the legitimacy of that institution and its efficacy de- pends, in no small part, on how it responds. Second, it seems to me there's a consensus that we should pursue a policy toward Iraq that has broad international support. To put it in colloquial terms, it's obviously better if we move with the world behind us than if we move with the world against us. I ap- plaud your effort to build that support and hopefully you'll talk about that today. I applaud your efforts. And our allies around the world and the region have important contributions and, in some cases, necessary contributions to make if we are to succeed, and we—I think all of us on this committee support and encourage and hope for the best in your unfinished business before the Security Council as you pursue gaining this support. The third general principle, I think, that has emerged here is that many of us share the conviction that Saddam Hussein's relent- less pursuit of weapons of mass destruction and his possession of some already, especially his pursuit of nuclear weapons, which I do not believe he possesses, pose a significant threat to Iraq's people, 108 I know we have no absolute answers to these, but I think, in fair- ness to the American people, we should discuss them. There are many more questions which I will not take the time to ask now, because my colleagues will pursue them as we go around this table, but ultimately, Mr. Secretary, your appearance here today is part of a singularly important process that must culminate with the President securing the informed consent of the American people for our policy toward Iraq. I'm confident he can do that. I'm confident that can be done. But I am also absolutely confident it can only be done with some significant change in the resolution that has been sent to us and some clear specification of what the President will be asking of us. Mr. Secretary, when the President had the congressional leader- ship down to the Cabinet room about 2 weeks ago, he asked a num- ber of us questions. And when he turned and asked me my view, I indicated to him that I was prepared to be with him, assuming several things. One, that he continued to pursue the course he was pursing at the United Nations and exhaust those possible avenues, as well as state clearly to the American people once we've suc- ceeded in dethroning-removing Saddam—and I have no doubt we will if we undertake that—what we are going to have to do—what we may have to do in terms of staying in Iraq, and what the cost may be without any clear definition of how many troops or how long. And the President said to me, as you recall, he would do that. He has yet to do that. I'm confident he will do that. And only then, I think, can we have some certainty that once we undertake this, we will have the American people with us committed to do the whole job. Senator Brownback, I think, was the only person left in the room when the two former Secretaries were leaving, and I indicated that I hope to God we don't do—not you; we, the Congress, giving the President the authority—I hope we don't say to the American peo- ple what was said to them by previous Congresses just before I ar- rived here in the 1960s, that we can have guns and butter, we can have everything we want, the costs will be able to be borne, no matter what they are, without us making any sacrifices. It may be everything works out like clockwork and there's no problem, but I do not want to be part of a Senate that gives the President the authority where we move and it ends up that we are required to commit billions of dollars a year to sustain a unified Iraq after we defeat the present government and not be able to get the money and the commitment up here to do it. I will not be part of that, personally. And I think everyone should know what we're in for and what the possible costs are, even though we can't say for certain. So, Mr. Secretary, I'm delighted you're here. I mean this sin- cerely, I am thankful you are here and I'm thankful you're the Sec- retary of State at this moment, and I look forward to hearing what you have to say, but I will now yield, if I may, to Senator Helms. [The prepared statement of Senator Biden follows:] 109 PREPARED STATEMENT OF SENATOR JOSEPH R. BIDEN, JR. Good afternoon. It is a pleasure to welcome Secretary of State Powell back before this Committee. Mr. Secretary, as you know, in late July this Committee began hearings on U.S. policy toward Iraq. Our purpose was to start a national discussion of that policy and to raise the difficult questions that surround any consideration of next steps. We have heard from a broad range of expert witnesses. Elsewhere, prominent Americans with decades of experience in foreign and national security policy have spoken out. And the Bush Administration has begun to do so as well-in public statements, in hearings before Congress, and in President Bush's important speech to the United Nations General Assembly. As a result, I believe there is an emerging bi-partisan consensus on some basic principles for moving forward on Iraq. And this is in no small measure due to your leadership First, Iraq is the world's concern, not just a concern of the United States. Mr. Sec- retary, I believe that you were instrumental in shaping the President's speech to the United Nations. It was a devastating indictment, by the U.N.'s own standards, of Iraq's defiance of the international community. For more than a decade, Saddam has flaunted solemn obligations-obligations made not to the United States, but to the United Nations. The President was right to take this issue to the U.N. and right to make it clear that the legitimacy of that institution and the effectiveness of inter- national security cooperation is at stake. Second, we should pursue a policy toward Iraq that has broad international sup- port. To be colloquial about this matter, it is better if we move with the world be- ħind us than against us. I applaud your efforts to build that support. Our allies around the world and in the region have important and necessary contributions to make in the effort to disarm Iraq. And we must continue to work with them in the unfinished war against terrorism. Third, many of us share the conviction that Saddam Hussein's relentless pursuit of weapons of mass destruction, especially nuclear weapons, poses a significant threat to Iraq's people, its region and the world. Ultimately, either Saddam must be dislodged from his weapons, or he must be dislodged from power. I believe there is a broad consensus on these principles. But important, indeed fundamental questions remain about the Administration's Iraq policy and about the consequences of the various courses of action under consideration. And that puts us in an extraordinary situation. The President has asked Congress for an expansive grant of authority to wage war before he himself has decided to go to war or addressed these unanswered questions. I have no doubt that you are here to answer these questions. The President's speech to the United Nations was an important moment. He made a powerful case, under the U.N.'s own standards, that Saddam Hussein is the world's problem. But he has not yet made the case to the American people that the United States must solve this problem alone, if necessary. The threat posed by Iraq is real and escalating. The singular capacity of the United States to deal with this threat alone is real. But so are the potential costs. Indeed, I believe the degree to which we act alone correlates with the price we will have to pay in lives, dollars and influence around the world. That is a burden we may have to bear—one I know that you and the President do not wish to bear alone. But before we bear that burden, the American people have to know what they are being asked to sign up to. And so Mr. Secretary, I hope that, here today, you will address some of these questions, and that in the days and weeks to come, we will hear the President lay- ing out what it is we are going to ask of the American people. What is the likelihood that Iraq would use its weapons of mass destruction against us, to blackmail us or to supply to terrorists? What is our objective? To compel Iraq to destroy its illegal weapons of mass de- struction programs? Or to liberate Kuwaiti prisoners? Or to end Saddam Hussein's regime? What is the rationale for our action? To enforce the U.N. Security Council resolu- tions that Saddam has flaunted for more than a decade? Or to preempt the possi- bility he will use his weapons against us? Would attacking Iraq risk precipitating the very thing we are trying to prevent: the use of weapons of mass destruction? I know we have no absolute answers to these things, but I think in fairness to the American people, we should discuss them. Ultimately, Mr. Secretary, your appearance here today is part of a singularly im- portant process that must culminate with the President securing the informed con- 111 that our committee has taken such an active role in considering (1) the threats posed by the Iraqi regime under Saddam Hussein, and, (2) the appropriate U.S. re- sponse to these threats. The President's speech two weeks ago to the General Assembly of the United Na- tions presented the clearest possible case for action against the Iraqi regime of Sad- dam Hussein. I will support the President. Ten years of noncompliance with United Nations resolutions, the continued bru- tality waged against his own population, the imprisonment of hundreds of Kuwaiti citizens held since 1990, and evidence of continued pursuit of weapons of mass de- struction are all the evidence any Senator needs to support the President, which certainly I do and will continue to do. Mr. Chairman, there are two criticisms that have been directed against the Presi- dent. First, it has been suggested by some that the President failed to pay due dili- gence to the role of the United Nations. Well, that simply is not so. The President has challenged the much-ballyhooed institution in New York to seize this oppor- tunity to become an important actor in world affairs, not just a critic of people who are doing the heavy-lifting in dealing with foreign affairs. The truth is, the President's September 12 speech to the United Nations methodi- cally detailed the history of Iraqi noncompliance with U.N. Security Council resolu- tions. It is now up to the United Nations to demonstrate that it is the U.N. that has the will to enforce its resolutions and rhetoric. The ball is clearly in the U.N.'s court. If the Security Council now fails to support action against Saddam Hussein, the U.N.'s ineffectiveness and irrelevance will be incontrovertibly clear. Surely, if the September 11 attacks taught us anything, it is that America does not have the luxury of sitting idle while our enemies conspire against us. We simply cannot wait for Iraq to acquire the nuclear weapons to add to the chemical and bio- logical weapons Iraq already possesses. Second, some have suggested that the President has not fully taken into account the legitimate role of the Congress in fundamental questions of war and peace. Mr. Chairman, the truth is, Congress has been, and continues to be, consulted. The President formally asked Congress to pass a resolution giving him the authority to end the Saddam Hussein problem once and for all. Mr. Chairman, I am confident that the Senate will give the President the author- ity he has requested. Like the United Nations, we too must consider our own previous declarations and mandates. We must consider our strong words in the Iraq Liberation Act. We must consider our previous joint letters to the President. We must consider our previous grants of authority to the President. In 1998, the Congress authorized an earlier President to take appropriate action to bring Iraq into compliance with its United Nations-imposed obligations. Are we not obliged to give this President similar authority, and trust that he will take meaningful action to address the dangerous threats to peace and security posed by Saddam Hussein's regime? The answer, to borrow a Latin expression used by lawyers—res ipsa loquitur. Mr. Chairman, the thing does indeed speak for itself. Let's get about the business of standing with the President. The CHAIRMAN. The floor is yours, Mr. Secretary. STATEMENT OF HON. COLIN L. POWELL, SECRETARY OF STATE, DEPARTMENT OF STATE, WASHINGTON, DC Secretary POWELL. Thank you very much, Mr. Chairman. And Mr. Chairman, it's a great pleasure to be back before the committee. I always look forward to the opportunity to discuss the foreign policy of the United States before the distinguished mem- bers of this committee, and I'm especially pleased to be here today to follow the very distinguished witnesses who have preceded me, Secretary Kissinger and Secretary Albright today, and Ambassador Holbrooke and my old friend and former National Security Advisor, as I was, Bud McFarlane yesterday, as well as other witnesses. As I was working out of my office this morning and watching tel- evision out of the corner of my eye and also looking at the clock, 113 The United Nations Security Council endorsed this purpose and objective, and the international community responded with unprec- edented political backing, financial support, and military forces. As a result, we not only accomplished our mission in the gulf war, we did it in a way that I think was a model of American international leadership and international cooperation. When that war ended, the United Nations Security Council agreed to take measures to ensure that Iraq did not threaten any of its neighbors again. Saddam Hussein, we knew, was a man who, after all, had sent his armies against Iran in 1980 and then against Kuwait in 1990. We knew he was a man who had fired ballistic missiles at neighboring countries and who had used chemical weap- ons in the war with Iran and even against his own people. The United States and the international community were strong- ly determined to prevent any future aggression, so the United Na- tions Security Council Resolution 687 of April 1991 fixed the terms of the cease-fire in the gulf. And the fundamental purpose of this resolution and many more that followed was restoration of regional peace and security by way of a series of stringent demands on Iraq, particularly its disarmament with respect to weapons of mass de- struction and ballistic missiles with ranges greater than 150 kilo- meters. Desert Storm had dramatically reduced Iraq's more conventional military capability while at the same time and we did this delib- erately—not leaving Iraq so prostrate that it could not defend itself against Iran, its former enemy. Mr. Chairman, members of the committee, you know the rest of the story. You heard the President relate it at the United Nations 2 weeks ago today. Iraq has defied the United Nations and refused to comply completely with any of the United Nations Security Council resolutions. Moreover, since December 1998, when the U.N. inspection teams left Iraq because of the regime's flagrant de- fiance of the United Nations, the Iraqi regime has been free to pur- sue the development of weapons of mass destruction. Meanwhile, the world has changed dramatically. Since Sep- tember 11, 2001, the world is a different place. As a consequence of the terrorist attacks on that day and of the war on terrorism that those attacks made necessary, a new reality was born. The world had to recognize that the potential connection between ter- rorists and weapons of mass destruction moved terrorism to a new level of threat. In fact, that nexus became the overriding security concern of our Nation. It still is, and it will continue to be our over- riding concern for some years to come. We now see that a proven menace like Saddam Hussein in pos- session of weapons of mass destruction could empower a few terror- ists with those weapons to threaten millions of innocent people. President Bush is fully determined to deal with this threat. His ad- ministration is determined to defeat it. I believe the American peo- ple would have us do no less. President Bush is also aware of the need to engage the inter- national community. He understands how powerful a strong and unified international community can be, as we have seen so well demonstrated in the war on terrorism in Afghanistan and else- where. 114 The need to engage the international community is why the President took his message on the grave and gathering danger of Iraq to the United Nations on the 12th of September. Moreover, it is the United Nations that is the offended party, not Iraq, as some would have us believe or might even claim. It was the United Na- tions resolutions that were systematically and brutally ignored and violated for these past 12 years. It was United Nations inspectors who found it impossible to do their job and had to leave the work unfinished. The President's challenge, therefore, to the United Na- tions General Assembly and through them to the Security Council was a direct one and it was a very simple one, “If you would re- main relevant, then you must act in the face of these repeated vio- lations.” I was there that day, and the President's speech was a powerful one, and it energized the entire meeting hall. It changed the polit- ical landscape on which this issue was being discussed—that one speech—and it made it clear that Iraq is the problem. Iraq is the one who is in material breach of the demands placed upon it by the United Nations. It is not the United States that is in the dock; it is not the United Nations that is in the dock. It is not the Security Council that is in the dock. It is not France or Britain or Russia or the United Kingdom or all the other members of the Security Council. It is Iraq that is in the dock, and we must not lose sight of that simple, clear fact. The President, in his speech, then went on to make it clear what was expected of Iraq to repair this material breach. He made it clear that the issue was more than disarming Iraq by eliminating its weapons of mass destruction and its mid- and long-range mis- sile programs. The United Nations resolutions also spoke of ter- rorism, of human rights, the return of prisoners and property. Iraq stands guilty. It convicts itself by its actions. There can be no question that it is in material breach of its obligations. All of these demands on Iraq are spelled out in the 16 Security Council resolutions levied against that country since 1991. Over the weekend following the President's speech at the United Nations, I watched the reaction. I watched the pressure build on the Iraqi regime as the Arab League, the Secretary General, and so many others pressed Iraq on their need to take action. They es- sentially told Iraq the jig was up. Nobody was going to listen to these phony excuses anymore, and the pressure built to an enor- mous level. On Monday of that week—the next week, Iraq responded with a familiar tactical ploy. The Iraqi Foreign Minister said Iraq would let the inspectors back in without conditions. And later in the week, in a speech at the United Nations, their Foreign Minister challenged President Bush's September 12 speech. He even called for a discussion of the issues of inspection teams in accordance with international law, already qualifying his Monday offer of in- spections without conditions. Now, 2 days ago, we have an Iraqi Presidential advisor telling the press in Baghdad that weapons in- spectors would be allowed to go wherever they want. But these people are not deceiving anyone. It is a ploy we have seen before on many occasions. And on each of these occasions, 115 once inspectors began to operate, Iraq continued to do everything to frustrate their work. Mr. Chairman, I will just call your and the members' attention to the written statement that I have provided where I record a dozen examples of Iraq's defiance of these resolutions and of the U.N. mandate. Cited in my longer statement is everything from in- timidation at gunpoint to holding up inspectors while all the in- criminating evidence was removed. It is a litany of defiance and unscrupulous behavior and every sort of attempt at noncompliance. And I, by no means, in my longer statement, have listed every- thing, only a sampling. The regime is infamous for its ploys, its stalling tactics, its de- mand on inspectors, sometimes at the point of a gun, and its gen- eral and consistent defiance of the mandate of the United Nations Security Council. There is absolutely no reason at all to expect that Iraq has changed; at least they haven't given us any indications to suspect that they have changed. And this latest effort to welcome inspectors without conditions is another ploy. Let's be clear about the reason for their suddenly being willing, after several years, to accept inspectors. Iraqis did not suddenly see the error of their ways. They were responding to the heat and pres- sure generated by the international community after President Bush's speech at the U.N. We must keep that pressure on. The United States has made it clear to our Security Council col- leagues that we will not fall for this ploy. This is the time to apply more pressure, not to relent. We must not believe that inspectors going in on the same conditions and under the same terms that they went in on so many occasions earlier would be acceptable now. We won't fall for that. These 4 years have been more than enough time for Iraq to procure, develop, and hide proscribed items well beyond the reach of the kinds of inspections that were subject to Saddam's cheat-and-retreat approach from 1991 to 1998. It is up to the United Nations Security Council to decide what action is now required of Iraq to deal with this material breach of the U.N.'s mandate. If part of the solution involves an inspection regime, it must be a regime that goes in with the authority of a new resolution that removes the weaknesses of the present regime and which will not tolerate any Iraqi disobedience. It cannot be a resolution that we are going to negotiate with Iraq. The resolution or resolutions must be strong enough and comprehensive enough so that they produce disarmament and not just inspections. Many U.N. members, including some on the Security Council, want to take Iraq at its word and send inspectors back in right now without any new resolution and new authority, and we believe that this would be a recipe for failure. The debate we are having within the Security Council now is on the need for and the wording of a resolution or, some feel, more than one resolution. Our position is clear. We must face the facts and find Iraq in ma- terial breach. Then we must specify the actions we demand of Iraq. And President Bush has already discussed what he believes is ap- propriate. And then there's a third element. We must determine what con- sequences will flow from Iraq's failure to take action. Just laying out a new inspection regime and declaring them in material breach 116 isn't enough. The Security Council must face up to their responsi- bility to take action or to allow action to be taken in the face of continued Iraqi violation. That is what makes it different this time. This time, unlike any time over the previous 12 years of Iraqi defiance, there must be hard consequences. This time Iraq must comply with the U.N. mandate or there will be decisive action to compel compliance. We are listening to other points of view, and we are working to reach agreement within the Security Council. It is a difficult de- bate. There are strong views one way or the other. As you may have noticed in some of the press reporting in the last 24 hours, we have come into agreement with the United Kingdom of what the elements of a resolution should look like. I am sending a senior official from my Department to Paris this evening and then on to Moscow to discuss with the French and the Russians what we be- lieve should be in such a resolution. We are briefing representa- tives of the Chinese Government here in Washington today. And so far, in the last 12 hours, I've spoken to my French colleague, For- eign Minister de Villepin, my Russian colleague, Foreign Minister Ivanov, my Chinese colleague, Foreign Minister Tang, and Sec- retary General Kofi Annan describing the progress we have made with the British and the fact that we are now expanding the circle of consultation. We're a long way from getting agreement, but we're working hard, and there are many points where we are in agree- ment, and there are some outstanding issues that have to be dealt with. Some have suggested that there is a conflict in this approach, that U.S. interests should be our total concern. We are a member of the Security Council. We are a member of the United Nations. It is a multilateral institution whose resolutions have been vio- lated. So I think it is quite appropriate for the President to seek action by the United Nations through its Security Council. But the United States, as an entirely separate matter, believes that its interests is threatened. We believe that we are at risk and our interests in different parts of the world are at risk by Iraqi de- velopment of weapons of mass destruction and by the nature of this regime. We are trying to solve the problem through the United Na- tions and in a multilateral way. But, at the same time, if the United Nations is not able to act, and to act decisively—and I think that would be a terrible indictment of the United Nations—then the United States will have to make its own decision as to whether the danger posed by Iraq is such that we have to act in order to defend our country and our interests. I believe strongly, Mr. Chairman and members of the committee, that our diplomatic efforts at the United Nations would be helped enormously by a strong congressional resolution authorizing Presi- dent Bush to take necessary and appropriate action. Language has been proposed by the President, and I know it's a subject of intense discussion in both bodies and with the White House and various members of the President's national security team, and it is healthy to have such discussion and debate. But I hope it is not too prolonged, and I ask for your action in the very near future to provide the President such a resolution to show the world that we are united in this effort. 117 Mr. Chairman, my colleagues in the intelligence community and the Department of Defense are giving the Congress the information that it will need with respect to the details of our intelligence as- sessment and military contingency planning that Secretary Rums- feld is conducting, and I will leave those issues to them. But let me just make two points before I end this presentation. We can have debates about the size and nature of the Iraqi stock- pile. We can have debates about how long it will take him to reach this level of readiness or that level of readiness with respect to these weapons. But no one can doubt two things. One, they are in violation of these resolutions. There's no debate about that. And, second, they have not lost the intent to develop these weapons of mass destruction. Whether they are 1 day, 5 days, 1 year, or 7 years away from any particular weapon, whether their stockpile is small, medium, or large, what has not been lost is the intent to have such weapons of mass destruction. The challenge before us now is to see whether or not the Iraqi regime makes a sea change in this behavior because of this inter- national presence, and they'll only make this kind of change if they sense there will be consequences for not having made such a change. The President is determined that we cannot look away again. This matter must be dealt with. Hopefully, it will be dealt with by nations coming together the way they came together 12 years ago. We recognize the seriousness of this issue. We recognize the con- sequences for our economy. We recognize the consequences for other foreign policy interests that we have around the world. We recognize the consequences for our Middle East policies. And we also recognize that if it becomes necessary to see the regime changed in Iraq, then a great obligation is placed upon those of us who will be changing that regime for the future of Iraq and for the future of the Iraqi people. And I can assure you that this issue is receiving the highest attention within the State Department, the Defense Department, and all the other institutions of government. If I just may close with one other observation, because I know it came up earlier in the hearings, this comment about “new doc- trine of preemption.” If you would go to the new National Security Strategy that the President issued not too long ago and look at the specific section which talks about our strategy and doctrine, you will find that we have not abandoned containment. We have not abandoned deterrence. We still have thousands of nuclear weapons. We still have a magnificent military force that can deter. We haven't abandoned these time-honored methods of using our na- tional power. But, what that chapter specifically says is there is now a new threat out there. There is a threat that doesn't respond the way older threats did to deterrence, that did not respond to theories of containment. These are terrorists. These are people who are willing to ignore what's going to happen to them. They are suicidal. They believe in evil concepts, and they're going to come at us. And so a doctrine of preemption or an element of preemption in our strategy is appropriate. It's not a new doctrine. It's been around for as long as warfare has been around. I can give you example after example in our own 118 history of preemptive actions. In fact, I might even suggest that when President Clinton thought it necessary to attack the chemical plant in Sudan not too long ago, one might say that was a preemp- tive act or an act of prevention. When you have this kind of new threat, this kind of new enemy, then this doctrine of preemption should rise a little higher in your consideration, because this kind of enemy will not be deterred or contained the way perhaps the Soviet Union might have been and was contained and deterred in the past. So see it as elevation of one of the many tools that we've always had, but don't see it as a new doctrine that excludes or eliminates all the other tools of national security and military power. Thank you, Mr. Chairman. [The prepared statement of Secretary Powell follows:] PREPARED STATEMENT OF HON. COLIN L. POWELL, SECRETARY OF STATE Mr. Chairman, members of the committee, I am pleased to appear before you to testify on the Administration's position with regard to Iraq. Senator Biden, Senator Helms, you and several other of the committee members have been discussing Iraq with me for a long time. In fact, all the way back to the Gulf War. In 1990, Saddam Hussein's forces invaded Kuwait, brutalized the population, and rejected the international community's ultimatum to withdraw. The U.S. built a world-wide coalition with the clear political purpose of liberating Kuwait. The military instrument of that coalition, led by America, had an equally clear military objective that flowed directly from the political purpose: eject the Iraqi army from Kuwait. The United Nations Security Council endorsed this purpose and objective, and the international community responded with unprecedented political backing, financial support, and military forces. As a result, we not only accomplished our mission in the Gulf War, the way we did it was a model of American leadership and inter- national cooperation. When the war ended, the UN Security Council agreed to take measures to ensure Iraq did not threaten any of its neighbors again. Saddam Hussein was a man after all who had sent his armies against Iran in 1980 and then against Kuwait in 1990, who had fired ballistic missiles at neighboring countries, and who had used chem- ical weapons in the war with Iran and even against his own people. The United States and the international community were strongly determined to prevent any future aggression. UN Security Council Resolution 687 of 3 April 1991 fixed the terms of the ceasefire in the Gulf. The fundamental purpose of this resolution and many more that followed was restoration of regional peace and security by way of a series of stringent demands on Iraq, particularly its disarmament with respect to weapons of mass destruction and ballistic missiles with ranges greater than 150 kilometers. Desert Storm had dramatically reduced Iraq's more conventional military capability while at the same time not leaving Iraq so prostrate it could not defend itself against Iran. Mr. Chairman, members of the committee, you know the rest of the story. You heard the President relate it at the United Nations two weeks ago today. Iraq has defied the United Nations and refused to comply completely with any of the UN Se- curity Council resolutions. Moreover, since December 1998 when the UN's inspec- tion teams left iraq because of the regime's flagrant defiance of the UN, the Iraqi regime has been free to pursue weapons of mass destruction. Meanwhile, the world has changed dramatically. Since September 11, 2001, the world is a different place. As a consequence of the terrorist attacks on that day and of the war on terrorism that those attacks made necessary, a new reality was born: the world had to recognize that the potential con- nection between terrorists and weapons of mass destruction moved terrorism to a new level of threat. In fact, that nexus became the overriding security concern of our nation. It still is. It will continue to be for some years to come. We now see that a proven menace like Saddam Hussein, in possession of weapons of mass destruction, could empower a few terrorists to threaten millions of innocent people. 119 President Bush is fully determined to deal with this threat. His Administration is determined to defeat it. I believe the American people would have us do no less. President Bush is also aware of the need to engage the international community. He understands how powerful a strong and unified international community can be, as we have seen so well-demonstrated in the war on terrorism in Afghanistan and elsewhere. The need to engage the international community is why the President took his message on the grave and gathering danger of Iraq to the United Nations last week. Moreover, it is the United Nations that is the offended party, not Iraq, as some might claim. It was United Nations resolutions that were systematically and brutally ignored and violated for these past 12 years. It was United Nations inspectors who found it impossible to do their job and had to leave their work unfinished. The President's challenge to the United Nations General Assembly was a direct and simple one: If you would remain relevant, you must act. The President's speech was powerful and energized the UN General Assembly de- bate. It changed the political landscape on which this issue was being discussed, Iraq is the problem. Íraq is in material breach of the demands placed upon it by the United Nations. President Bush made clear in his speech what Iraq must do to repair this breach: • Iraq must immediately and unconditionally forswear, disclose, and remove or destroy all weapons of mass destruction, long-range missiles, and all related material. • Iraq must end all support for terrorism and act to suppress it, as all states are required to do by UN Security Council resolutions. • Iraq must cease persecution of its civilian population, including Shia, Sunnis, Kurds, Turkomans, and others, again as required by UN Security Council reso- lutions. Iraq must release or account for all Gulf War personnel whose fate is still un- known. It must return the remains of any who are deceased, return stolen prop- erty, accept liability for losses resulting from the invasion of Kuwait, and it must cooperate fully with international efforts to resolve these issues, once again as required by Security Council resolutions. • And Iraq must immediately end all illicit trade outside the oil-for-food program. It must accept UN administration of funds from that program, to ensure that the money is used fairly and promptly for the benefit of the Iraqi people. All of these demands on Iraq are spelled out in the sixteen Security Council reso- lutions levied against that country since 1991. If these demands on Iraq sound like regime change, then so be it. And Mr. Chairman, if there is regime change, brought about either by Iraqi voluntary compliance with these demands or by the use of military force to compel compliance, the United States will commit wholeheartedly to the reconstruction of Iraq as a democratic state with its territory intact. Over the weekend following the President's speech, I watched the pressure build on the Iraqi regime as the Arab League, the Secretary General and others pressed Iraq on the need to take action. On Monday of last week, Iraq responded with a familiar, tactical ploy. The Iraqi Foreign Minister said Iraq would let the inspectors in without conditions. But he is not deceiving anyone. And later last week, in a speech at the United Nations, the Foreign Minister challenged President Bush's September 12th speech. He then called for a discussion of the issue of inspection teams “in accordance with inter- national law”_almost immediately rescinding his Monday offer of inspections “with- out conditions.” Now, two days ago, we have an Iraqi presidential adviser telling the press in Baghdad, that weapons inspectors would be allowed to go "wherever they want." It is a ploy we have seen before, on many occasions. And on each occasion, once inspectors began to operate Iraq continued to do everything to frustrate their work. In May 1991, for example, just after suspension of hostilities in the Gulf War, Iraq accepted the unrestricted freedom of entry and exit without delay or hindrance for UN inspectors and their property, supplies, and equipment. In June 1991–a short month later–Iraqis fired warning shots at the inspectors to keep them away from suspicious vehicles. Three months later, in September, the Iraqis confiscated a set of documents from the inspectors. When the inspectors refused to comply with an Iraqi demand to give up a second set of documents, the Iraqis surrounded them and for four days refused to let them leave the inspection site. Finally, when the UN threatened enforcement action, the inspectors were allowed to leave. 120 In February 1992 Iraq refused to comply with a UN inspection team's decision to destroy certain facilities used in proscribed programs and in April of that year Iraq demanded a halt to the inspectors' aerial flights. Later, in July of that year, Iraq refused the inspectors access to the Iraqi Ministry of Agriculture. The inspectors had reliable information that the site contained ar- chives related to proscribed activities. They finally gained access only after members of the Council threatened enforcement action. In January 1993, Iraq refused to allow the UN inspection teams to use their own aircraft to fly into Iraq. In June and July of 1993, Iraq refused to allow the UN inspectors to install re- mote-controlled monitoring cameras at two missile engine test stands. In March 1996, Iraqi security forces refused UN inspection teams access to five sites designated for inspection. The teams entered the sites after delays of up to 17 hours—which of course permitted the Iraqis to remove any incriminating evidence. In November 1996, Iraq blocked UN inspectors from removing remnants of missile engines for in-depth analysis outside Iraq. In June 1997, Iraqi escorts on board a UN inspector team helicopter attempted physically to prevent the UN pilot from flying the helicopter in the direction of its intended destination. In that month also, Iraq again blocked UN inspection teams from entering des- ignated sites for inspection. In September 1997, an Iraqi officer attacked a UN inspector on board a UN heli- copter while the inspector was attempting to take photographs of unauthorized movement of Iraqi vehicles inside a site designated for inspection. Also in September, while seeking access to a site declared by Iraq to be “sen- sitive,” UN inspectors witnessed and videotaped Iraqi guards moving files, burning documents, and dumping ash-filled waste cans into a nearby river. Mr. Chairman, I have left out much and could go on—all the way to the departure of the UN inspection teams from Iraq in December 1998 because they could no longer do their job. And I could talk about Operation Desert Fox, the military action that resulted. But I believe you get the point. The Iraqi regime is infamous for its ploys, its stalling tactics, its demands on in- spectors-sometimes at the point of a gun, and its general and consistent defiance of the mandate of the UN Security Council. There is absolutely no reason at all to expect that Iraq has changed, that this lat- est effort to welcome inspectors without conditions is not another ploy. Let's be clear about the reason for their announcement. The Iraqis did not sud- denly see the error of their past ways. They were responding to the heat and pres- sure generated by the international community after President Bush's speech. The United States has made it clear to our Security Council colleagues that we will not fall for this ploy. This is the time to apply more pressure, not to relent. We must not believe that inspectors going in on the same conditions that caused their withdrawal four years ago is in any way acceptable. These four years have been more than enough time for Iraq to procure, develop, and hide proscribed items well beyond the reach of the kinds of inspectors that were subject to Saddam's cheat and retreat approach from 1991 to 1998. The United States has determined that Iraq's obstruction of UN Security Council resolutions and its gross violation of its obligations cannot continue. In his speech to the General Assembly, the President challenged the Security Council to live up to its responsibilities. The UN Secretary General, Kofi Annan, said the same thing. We, our closest allies, and our friends around the world are prepared to do our part to enforce Security Council resolutions and render harmless the Iraqi threat. We are discussing now the best way to proceed with the other members of the Security Council and with close friends. We are trying to find a solution. If part of the solution involves an inspection regime, it must be a regime that goes in with the authority of a new resolution that removes the weaknesses of the present regime and which will not tolerate any Iraqi disobedience. It cannot be a resolution that will be negotiated with Iraq. The resolution must be strong enough and comprehensive enough that it produces disarmament, not just inspections. Many UN members, including some on the Security Council, want to take Iraq at its word and send inspectors back in without any new resolution or new author- ity. This is a recipe for failure. The debate we are having within the Council is on need for and the specific word- ing of a resolution. Our position is clear. We must face the facts and find Iraq in material breach. Then, we must specify the actions we demand of Iraq—which President Bush has already shown us. And we must determine what consequences will flow from Iraq's failure to take action. 121 That is what makes this time different. This time, unlike any time over the pre- vious 12 years of Iraqi defiance, there must be hard consequences. This time, Iraq must comply with the UN mandate or there will be decisive action to compel compli- ance. In New York, we are listening to other points of view and trying to reach agree- ment within the Security Council. It is a difficult debate. We are also preserving the President's ability to defend our nation and our interests. Some have suggested that there is a conflict in this approach, that U.S. interests should be our total concern. But Mr. Chairman, both of these issues are important. We are a member of the UN Security Council. We are a member of the UN. It is a multilateral institution whose resolutions have been violated. But the United States, as a separate matter, believes that its interest is threatened. We are trying to solve this problem through the United Nations and in a multilateral way. The President took the case to the UN because it is the body that should deal with such matters as Iraq. It was created to deal with such matters. And President Bush is hoping that the UN will act and act in a decisive way. But at the same time, if the UN is not able to act and, act decisively—and I think that would be a terrible indictment of the UN—then the United States will have to make its own decision as to whether the danger posed by Iraq is such that we have to act in order to defend our country and our interests. And Mr. Chairman, our diplomatic efforts at the United Nations would be helped by a strong Congressional resolution authorizing President Bush to take action. I ask for your immediate action on such a resolution to show the world that we are united in this effort. Mr. Chairman, my colleagues in the intelligence community and in the Depart- ment of Defense are giving the Congress what it will need with respect to intel- ligence on Iraq and on military contingency planning. So I won't speak to those areas. But let me say this about the Iraqi threat before I stop and allow the greater part of this time for your important questions. We can have debates about the size and nature of the Iraqi stockpile of WMD and of midand long-range missiles. But no one can doubt the record of Iraqi violations of United Nations Security Council resolutions, one after another, and for twelve long years. And no one can doubt that the Iraqi dictator's intentions have not changed. He wants weapons of mass destruction as clearly as he wants to remain in power. Thank you and I'll stop there and take your questions. The CHAIRMAN. I thank you. I thank you for that explanation. And it's something that I think, as your two predecessors early this morning said, warrants some legitimate discussion and debate internationally. And I know you too well. I know you don't want to set a precedent that allows India to say, “By the way, Pakistan has done the following. We reserve the right to preemptively act.” So I understand that. I've had lengthy discussions with Dr. Rice on this. I think this is not so much a departure, although there are some who wish to make it sound like a gigantic departure. But we'll leave that for another day. I just want to make sure that anything I vote for is not premised on the notion that this is a preemptive doctrine. This is premised on the notion that a bad guy invaded another country. He lost the war. He had to settle. Certain terms were agreed to with the world at the U.N. He's violated that. That's all we need. We're not invok- ing a new rationale to move against Iraq. But let me suggest, and I have already: we should start the clock. I apologize. We'll stick to 7 minutes, if we can, because, obvi- ously, there are many members here. Anytime you need a little bit of a break, you just raise that pen- cil and we'll recess for a minute. We're probably going to have to recess at some point for a vote, at 3:45. That's Senate time. That could be 4, 5, 6, 7. 123 with a U.N. Security Council resolution and he gets the authority without-or in the absence, I should say The CHAIRMAN. But it's sequenced. Secretary POWELL [continuing). Of a Security Council resolution. I'd have to see the language and then talk to the President. The CHAIRMAN. I'm not asking you to commit to it, but- Secretary POWELL. What we don't want to do, though, is to any way suggest that we are not united as a Nation behind our efforts to find a diplomatic solution. The CHAIRMAN. Well, quite frankly, one of the reasons why I sug- gest we're going to have to have a different kind of resolution—and I've been discussing this with my good friend from Indiana, a dif- ferent resolution is that the last thing I think we need, as I said earlier this morning, is, “The board voted five to four for your speedy recovery.” We want to be united here. We want whatever we do to get as many votes as possible. And I fear that the present resolution—and it's being negotiated—there's still good-faith nego- tiation going on-is pretty far from that point right now. Let me move to a second question in the time that I have and probably the only other question I'll be able to ask you. You stated at the end of your statement, and you indicated in your formal statement, that—let me find the exact quote: “The U.S. will commit wholeheartedly to the reconstruction of Iraq as a democratic state within its territorial boundaries.” Now, if I can ask you the question this way. Scenario. We go in with or without the U.N. I'm confident we won't go in alone, be- cause you'll get some folks to go with us, even if it's not the U.N.- maybe a Kosovo model. I have great faith in you, boss. We take down Saddam Hussein. We begin the commitment, which is, the United States commits wholeheartedly to the reconstruction of Iraq as a democratic state within its territorial boundaries. Whether or not we get others to help us, implicit is that for a while, some U.S. presence will be required, hopefully in conjunction with others, and some financial assistance will be required, hopefully with others. When do you, as Secretary of State, or the Secretary of Defense, in that circumstance, feel confident to be able to say to the Presi- dent—not how long it will take, but at what point do we have to get before, consistent with this commitment, you're able to turn to the President and say, “Mr. President, we can now leave. We can now leave. We can now disengage”? Is that at the point where there is a democratic government in place, or is it at a point prior to that? In other words, what are we—what is the end game here? I'm not looking for an exit strategy in timing, but what is the end game? Because with some in the State Department, as it related to Afghanistan, there was, at the outset, a very different view of what our role in Afghanistan was going to be, more consistent with mine, which was we were going to have a greater presence. The International Security Force was going to be expanded beyond Kabul. The President sat with me and you and others and talked about a mini-Marshall Plan. And we're a long way from there. So what I'm trying to get at is, what are we signing the folks on for? Not in terms of hours, days, or dollars. What is the point at which we can, in good faith, say, “We can now leave”? Is it when 124 there is a democratic government, or what is it? That's my ques- tion. Secretary POWELL. I'd just preface my response by saying, of course, the President has not made any decision with respect to military action and still is hopeful for a political/diplomatic solu- tion, but that really is in the hands of Saddam Hussein, not us or the United Nations. But should it become necessary to take unilateral action or ac- tion that we would hope would be multilateral, or if it's the Kosovo model with like-minded, willing nations, and we go in and remove the regime, I think we would have an obligation afterwards first to make sure that we remove all weapons of mass destruction, which is what started this all, and use all of our presence, plus in- telligence assets. Plus, I suspect, a lot of people would be coming forward at that point in the absence of Saddam Hussein and his regime, to tell us what's been going on and make sure that this na- tion has been disarmed of those kinds of weapons or the capability to produce those weapons, and that the government that we would help put in place would be a representative government no longer committed to use its wealth-great wealth, I might add—for any such purposes. We would want to put in a government that would be representative of the people. And the term, really, “put in the government,” isn't the right way to put it. The better way to put it is to “raise up a government,” allow the Iraqi people to create a government, using those who are outside the country who have expressed an interest in coming back and helping with this, and who have been against this regime for a long time, the opposition, and also those from within the country. So there would be some effort at reconciliation and some commit- ment to a single state that is not going to be broken up into three pieces that will have a representative, democratic model as its po- litical basis. I won't sit before you today and say it's going to look like the House of Representatives and the U.S. Senate in the Jeffersonian model—we're a long way from there—but something that will be seen by the international community as a representative govern- ment that will keep this state together, that will foreswear the use of any weapons of mass destruction or the development of them, and that we will put in place a system that the great wealth of Iraq-roughly $20 billion a year is available to the people of this country—will be used to develop the country, to develop the infra- structure, help people in need in a more equitable distribution of the treasure of that nation for the benefit of the people of that na- tion. I think it will take time, and I can't tell you how many years. The CHAIRMAN. I'm not asking for time. Secretary POWELL. You didn't ask. But it will take strong Amer- ican presence. That presence will be political presence, and it'll probably be military presence, and we shouldn't deceive ourselves. And we are not. In our conversations on this subject, we recognize that we are on the cusp of a very, very demanding and long-term commitment if we have to go down this road. But there are certain opportunities that come with this commitment, the opportunity to create this kind of a government in a part of the world where it's 125 almost unknown. And it could be a model for other nations in the region, an opportunity, not to take a basket-case country like Af- ghanistan, but a country with an educated population, although there are disparities between the three different groups, and with this wealth that can be used for legitimate purpose. You made a comparison to Afghanistan. This morning I kicked off a session at the World Bank of the Afghan Reconstruction Sup- port Group. Sixty nations came again to talk about the rebuilding of Afghanistan. We made an additional pledge to that effort, $33 million out of the recent supplemental. Other nations are making their pledge. And we have accomplished a great deal in Afghani- stan. There's a lot more to be done, and one can argue whether ISAF should be expanded or not. But I think the security situation is not as bad as some say, but it certainly isn't as good as we want it to be. But we're working these issues, and we should be very proud of what we've accomplished over the last 9 months. The CHAIRMAN. Well, one thing is clear. When we succeed mili- tarily, if we decide we have to go, it will not be like the gulf war when Johnnie comes marching home within 3 to 5 days or several weeks or months. Some Johnnies are going to stay there. Secretary POWELL. We understand that. The CHAIRMAN. OK. I just- Secretary POWELL. We have to make sure. The CHAIRMAN. I'm not opposing that. I just want to make sure we understand. Secretary POWELL. Ambassador Holbrooke made a point yester- day that I just might touch on in this regard. The gulf war was fought for the singular purpose of ejecting the Iraqi army from Ku- wait, restoring a legitimate government, and stabilizing the region and bringing Iraq down to conventional size. It was our hope that Hussein would not survive it. He did. But nevertheless, the deci- sion to do that was a wise decision and one those of us who were there- The CHAIRMAN. I'm not second-guessing. Secretary POWELL [continuing]. Never regretted. And it wasn't a decision made at the end of the war. It was made before the war. That's how we got that coalition together. The CHAIRMAN. This is a different deal, though. Secretary POWELL. It is a different deal. The CHAIRMAN. Senator Helms. Senator HELMS. Mr. Secretary, it's kind of refreshing to hear ev- erybody singing from the same songbook on this. There are a few voices, but they're out in the bushes somewhere and they're not identifying themselves to the people. Condoleezza Rice said the other day that the United States will be completely devoted to the reconstruction of Iraq as a unified democratic state in the event of a military strike that topples Sad- dam Hussein. Now, this was said this morning. This was essen- tially said by you this afternoon. Now, one question that comes to mind, given the enormous finan- cial stakes of countries like France and Russia and Germany, how will their views, do you think, figure into a post-Saddam economy and all the rest of it? 126 Secretary POWELL. We would certainly take their views into ac- count. The Russians, for example, have a commercial interest in Iraq, and Iraq has quite a debt to Russia. All of the other nations will have, I think, an economic interest in Iraq, and I think they will also have a desire to participate in the rebuilding. We have been in conversation with our friends in the Security Council on this, and Secretary General Kofi Annan and I have talked about this in hypothetical terms, and I know that if it ever came to this, the international community would be most willing to play a role. And I think it'll be not just a role of how do we get in there first and make the most money we can, I think it'll be a role to establish commercial contracts and see, you know, what we can do to make proper investments. But I think it'll be also for the purpose of rebuilding a nation and trying to put in place the kind of nation we'd all like to see in that part of the world. So I think it is quite possible, under those circumstances, to harness the inter- national community in a most positive and effective way. Senator HELMS. Every once in awhile the Devil makes me do things, and this morning was one of them. I wanted to get these two former Secretaries, who are a little bit at odds with each other, to talk to us in terms of specific questions. And the outcome was interesting. For example, Madeleine Albright argued that Saddam Hussein is “in a box,” quote/unquote, and that continuing a policy of combining sanctions with containment will suffice. But then Henry Kissinger got in there, and that didn't he had some dif- ferent views. But it was interesting to hear these people who served as Secretaries several years back. Now, Secretary Albright also suggested this morning that all of this attention to Iraq is distracting from the war on terrorism around the world. Secretary of State Kissinger countered that to wait for the end of our fight against global terrorism before acting is to guarantee that the stockpiles of weapons of mass destruction will multiply. And I wonder if you agree or disagree with Henry Kissinger. Secretary POWELL. On both points. With respect to containment, keeping him in a box, but he continues to bounce against the walls of that box, and one of these days he'll have a box cutter and then he'll be out, and we don't want to wait and see that day. We think we have been at this long enough, and it's time to deal with the contents of the box. With respect to the second point on distracting, I'm not sure what evidence Secretary Albright put forward to the fact that we are distracted from the war against terrorism. Almost every day now we see another set of arrests somewhere in the world as we work with our partners in the international community. We see al- Qaeda cells being broken up here. We're working with the Yemenis. We see things happening in Spain, in Portugal, in Germany. And so we're hard at work, our law-enforcement activities, our financial task forces that are chasing down al-Qaeda finances. We continue to work in Afghanistan to rebuild that country. That's what I was doing this morning before coming over here. So the campaign against terrorism is going well. And all of these actions, I might say, could be characterized as preemptive actions: going after their finances, going after where 127 they might be next, ripping up the cells, all of this before they have a chance to act. So the campaign against terrorism is going in full swing, and I don't see why there is a suggestion that somehow if we had to un- dertake this mission, it would be at the expense of the campaign against terrorism. Would it require a surge? Yes. Would it require a lot of our energy? Yes. But the suggestion that we weren't going to be able to continue the campaign against terrorism if we moved in this direction I don't think is an accurate assessment. Senator HELMS. I wonder of your reaction to anti-American rhet- oric of the Schroeder campaign for Chancellor of Germany. I was terribly offended by that. Now, the guy won. No question about that. But it was a very small margin of victory. So what do you think will be the long-term impact on U.S.-German relations if this anti-American election rhetoric continues? Secretary POWELL. We were deeply disturbed and offended by how the Iraqi issue played into the recent German election, and we were very disappointed. We made that disappointment known to Chancellor Schroeder and to many other German officials, and we were particularly horrified by the comments of the Minister of Jus- tice and her comparison of President Bush and some of his actions to those of Hitler. And we expressed our outrage over that. But I have to stand back and take a look at some other things to put this in context and perspective. Germany has been very helpful in a number of areas over the past year. They've been very supportive of our efforts in Afghanistan. They've been very sup- portive of our campaign against terrorism. What we saw in this re- cent election I don't think was so much anti-American as it was anti a particular American policy. Joschka Fischer, my Foreign Minister colleague, gives some of the most powerful pro-American speeches you can hear. When we needed a place to hold a conference to create the new Afghan au- thority last year, it was Germany that stepped forward and volun- teered, and we held the conference in Bonn. And when we had the loya jirga recently and needed somebody to sponsor that, the Ger- mans did it. And when we needed somebody to help train the new Afghan police, military, and border forces, Germany stepped for- ward. And Germany has indicated the desire now to take over the ISAF. So we have been good friends with Germany for many years. We will remain good friends in the years to come. But a serious breach occurred in recent weeks as a result of the matter in which this issue inserted itself into the German election campaign, and we were disappointed, disturbed, and we expressed our concerns to our German colleagues. Senator HELMS. Mr. Secretary, it's always good to see you, and thank you for coming. The CHAIRMAN. Mr. Secretary, before I yield to the Senator from Maryland, it's been pointed out by one of my colleagues—you'll never guess who, and I won't name them—but when I said “Johnnie comes marching home,” I should have said “Johnnie and Jill come marching home.” Secretary POWELL. Absolutely. The CHAIRMAN. And I apologize for that, because there are 128 Secretary POWELL. I knew that's what you meant, Mr. Chairman. The CHAIRMAN. Thank you very much for the help. Senator Sarbanes. Senator SARBANES. Thank you, Mr. Chairman. Mr. Secretary, I'm looking at pages two and three of your state- ment. Is the United States prepared to go to war against Iraq if it engages in illicit trade outside the oil-for-food program that's been established by the U.N.? Secretary POWELL. The principal concern that we have are weap- ons of mass destruction, and the principal focus of the U.N. resolu- tions are on weapons of mass destruction, and that's what the in- spection regime was trying to uncover and destroy. At the same time, however, Iraq is in violation- Senator SARBANES. I understand that, but I'm looking- Secretary POWELL [continuing). Of many other provisions and- Senator SARBANES [continuing]. I'm looking at your statement, and you say “what Iraq must do repair this breach. Secretary POWELL. Right. Senator SARBANES. And I'm trying to section this out. You list 5 things. The first, of course, is the removal of all weapons of mass destruction. But I want to go to the others. Are we prepared to go to war to make sure they comply with U.N. resolutions on illicit trade outside the oil-for-food program? You've got it listed here. Secretary POWELL. I've got it listed as one of a number of issues that they are in material breach of. I don't think I linked going to war to any one of them or any combination of them. Senator SARBANES. Well, you say “what they must do.” Secretary POWELL. Right. Senator SARBANES. So they must do that or otherwise we're pre- pared to move against them? Secretary POWELL. I don't think I said that, Senator. Senator SARBANES. OK, well, what about Secretary POWELL. I'm saying- Senator SARBANES. What about Secretary POWELL. I'm identifying—if I may, I'm identifying the specific U.N. resolutions that they're in violation of. And under U.N. resolutions they are supposed to comply with those resolu- tions. They have the force of international law. Senator SARBANES. Well, you say, “If these demands on Iraq sound like ‘regime change,' then so be it.” Will we take military ac- tion or go to war in order to make them release or account for all gulf war personnel whose fate is still unknown? Would we do that? Secretary POWELL. I think the operating clause in that that is of the greatest concern is the one having to do with weapons of mass destruction. It is unlikely that any of the others individually would lead to that kind of consequence. Senator SARBANES. So if they did that, that's the one toward which war is directed. Secretary POWELL. I think what we have to do—no, I don't want to make that connection, Senator. I think what we have to do is look at their total response to these resolutions. And the resolution of greatest concern, the issue of greatest concern are the weapons of mass destruction, which is why, in 1998, both the U.S. Congress 129 and the previous administration made that the policy of the U.S. Government. Senator SARBANES. Why are you listing all these things if the weapons is the thing? Shouldn't we—do you want authority to use military force against Iraq, from the Congress, in order to make them comply with U.N. resolutions on illicit trade outside the oil- for-food program? Do you want that authority? Secretary POWELL. The principal reason for the authority is for the President to do what he needs to do to focus on the principal offense that he has been presenting to the Nation, and that is weapons of mass destruction. The rest of those elements Senator SARBANES. All right, I want to take you through the rest of them. Do you want authority to go to war in order to accomplish– Secretary POWELL. The President hasn't asked for any authority Senator SARBANES [continuing). Compliance with those resolu- tions? Secretary POWELL. The President has not linked authority to go to war to any of those elements. The President has asked for- Senator SARBANES. It's right in the resolution. You have all these Whereas's where you enumerate these resolutions, and then you say, “The President is authorized to use all means that he deter- mines to be appropriate, including force, in order to enforce the United Nations Security Council resolutions referenced above.” And the ones that are referenced above are all of them. And all of them encompass illicit trade outside the oil for food—accounting for the missing, et cetera, et cetera. So you want the authority to use force to carry out those resolu- tions. Is that correct? Secretary POWELL. Yes, he wants the authority to use force to carry out those resolutions where he believes force is the appro- priate way to get implementation of those resolutions. I think it unlikely that the President would use force if he complied with the weapons of mass destruction conditions. It seems very unlikely, then, that he would be using force to comply with any of the other resolutions. Senator SARBANES. But you want the authority to use the force even if he complies with the weapons of mass destruction resolu- tion. You want the authority to go beyond that to all the other reso- lutions. Is that correct? Secretary POWELL. The President was putting the case forward that all of these resolutions produce a pattern of misbehavior and material breach that he wanted the authority to deal with in a way that he thought appropriate. Senator SARBANES. So if they comply with the weapons of mass destruction, but not the others, you want the authority to be able to use force to compel compliance with the others. Is that correct? Secretary POWELL. That's the way the resolution is currently worded, but we all know, I think, that the major problem, the of- fense, what the President is focused on and the danger to us and to the world are the weapons of mass destruction. 83-463 D-6 130 Senator SARBANES. Why did you word it this way? I mean, you worded this resolution. We're trying to examine it, and we see a broad reach of authority here. Which leads me to my next point. I want to ask, who prepared the preemptive doctrine here in this National Security Strategy? Who's the author of this document? Secretary POWELL. It's an administration document, and we all participated in it. Senator SARBANES. Well, I know, but someone must be the re- sponsible person for- Secretary POWELL. The actual pulling it together was done in the National Security Council, but we all participated in it. I had au- thors working on it. Others had authors working on it. Senator SARBANES. So, I mean, this is your document. Secretary POWELL. It is the President's document. Senator SARBANES. And this notion of a preemptive strike, you don't regard that as a departure from past American I know you spoke earlier, “Well, you know, we've done preemption under cer- tain circumstances.” I think the example you used was a strike against a chemical plant. Secretary POWELL. There are many others I could use. Senator SARBANES. Yes. But when have we ever launched a war against another country on this basis? Secretary POWELL. Where does that document say we're going to launch a war against a country? What it says is that there is a new threat that is different from the threats we have engaged in the past. Deterrence and containment, as strategies, has not gone away. Preemption has always been a tool available to a President, not just in this administration, but throughout military history. I would say that when we launched an attack against Panama the 20th of December, 1989, it was a form of preemption, because we were afraid that Noriega would be killing more American citi- zens, other than the ones that he killed. And the specific context of preemption there is that when you're dealing with terrorist threats—it is written almost exclusively around terrorist threats- when dealing with terrorist threats of the kind we saw on the 20th, or excuse me, on 9/11, threats of that nature, preemption rises higher in our hierarchy of options because they tend not to be—ter- rorists tend not to be deterred or contained in the way that states are deterred and contained. The chapter also concludes with some discussion about the fact that this is not to be entered into lightly and one should look for other alternatives, and it should be done with the most serious con- sideration. Senator SARBANES. Well, Mr. Chairman, my time's up. I'd just close with this observation. Every article about it, about the doc- trine you've put out, has language such as this: “Bush Details Pre- emptive Strike Policy Under New Security Plan,” “U.S. Will Attack Nations, Groups That Pose Threats,” “Will Act Alone If Necessary,” and that's just out of one newspaper. They're all saying the same thing. Now, you sort of addressed it to and tried to put it in a different context, but a lot of people are either misinterpreting you or per- ceiving it as it is, and I'm not sure which is the case yet. But it 132 you will. the interval, that he and I have been working on some language with regard to the resolution that we thought might have a broader support, listening to our colleagues around the table. I raised, yes- terday, the hope that our committee might, in fact, have jurisdic- tion with regard to the resolution for at least a week so that we at least fulfill our role. Whether that will happen or not, I do not know, but it is true that the chairman and I have been trying to work through this. Now, from the press over in front of the Senate I had the ques- tion, “Well, what do you think of the latest administration draft?” And so I said, well, I have not seen any such draft. I'm unaware that there is such a draft. And they said, “There is.” Now, if the chairman is aware of this, he hasn't told me. I am not aware of it. And I would just simply say again, we are trying very hard to obtain substantial support for the President. It is very difficult to do this when we are working constructively and simply discover in- advertently that somebody in the press is already informing us that there is a new draft. I will say no more. But please register that thought if The third thing, I appreciated very much your outlining this afternoon what a new Iraq Government might look like. Granted we do not know that there will be military action. And, as Sec- retary Kissinger pointed out today, there could be a coup in Iraq: the military might dispatch Saddam, and they deal with us, and that's a different picture. But in response to all the contingencies that you were asked- that is, if a regime change occurred—you pointed out that it would have to be a regime that would help us find and destroy the weap- ons of mass destruction. That will take some doing, as you pointed out: scientists, intelligence sources, everybody. But at least that's a formation of a plan. It indicates some sound thinking about this area, which we asked for. With regard to a new Iraqi Government, you said we'd try to raise up a government representative of the people with the demo- cratic model as the basis, keeping the state together. Oil resources would be focused on financing humanitarian projects for the people. A strong American presence will be required, both political and military, probably for some time and preferably the presence of a lot of our allies and friends in the area. Now, that is important, and I suspect that it comes not only from your own supposition, but from the planning efforts on the part of the administration. In other words, there are people actually at work on this. The chairman and I have been asking for this in the hearings, evidence that, even in our important discussion about war and peace, we are thinking about the consequences. And there are consequences, obviously, coming. And we would hope, perhaps, as a part of the resolution to be adopted by the Congress, some formal structure for regular con- sultation between the administration and the Congress as we iden- tify the resources and authority that will be needed. The American people must understand how this will evolve as opposed to the Gulf of Tonkin situation in which we go to war, Vietnam goes on and on, there is no really formal way of telling what was going to hap- pen. So all of this, I just simply wanted to say at the outset. 133 Now, having said this, an interesting piece the 23rd of Sep- tember in the Wall Street Journal by David Price Jones, the senior editor of National Review. He points out the origin of Iraq, at least in his formulation, came because the British when they put to- gether a state after World War I. They put together several clash- ing groups. His claim is that it took a dictator then, a king that was imposed, and it's taken one ever since to hold this country to- gether. Maybe true, maybe not. Evolution in Iraq-and we all need to learn much more about that-may permit this coalition, this representative government that speaks for all the people. There are other voices who say there could be a bloodbath of Shiites mopping up on Sunnis because of all the slights in the past, or the Iranians intervening, quite apart from the Kurds and Turkey in the north. So it's still a stretch for many, historically, to try to think in terms of this representative democracy. On the other hand, it is im- portant that the Iraqis know, that the world knows, that the Amer- ican people know that that is our goal, that that's the formulation, a different government in a difficult neighborhood implying a great deal of American resources—human, military, and civilian and money and time. And it seems to me if that is the formulation you and the President are able to present, the case is much more pow- erful. It represents, really, as you say, an opportunity, as opposed to a situation of chaos and gloom in comparison to Afghanistan or what have you. Do you have any comment about any of the above? Secretary POWELL. Well, just, first, thank you for your comments about the waiver authority we requested. And with respect to the latest, quote, “administration draft,” I will check on that when I get back to the office and make the point to the White House that you have made to me. On reconstruction, I'm sure that the President would want to consult regularly, and if that sort of guidance was contained in a resolution, I don't know that he would find anything objectionable about it. And with respect to the Wall Street Journal comment and arti- cle, quite true. The British created this in 1921, and it is something of an odd creation, and that's the way they did it and disengaged, and there is no democratic tradition. But we've seen a lot of states in recent times with not much of a democratic tradition, but when exposed to the possibility of moving in that direction, they have done so with dispatch. That doesn't mean it can't be done, but it will be a difficult and challenging task for all of us, and we very much recognize this. And we also know the kind of commitment that'll be required from us and from others to bring it about. But if we do bring it about, it will be an historic change in that part of the region, and there is an opportunity there. We have to be mindful, as came out in the questioning earlier, about the fact that there will still be a campaign against terrorism going on in other parts of the world. Afghanistan will still be going on. And we'll be stressed. We will truly be stressed. But I think it is possible to manage it all. Senator LUGAR. Thank you. 134 The CHAIRMAN. Thank you for your candor. And I hope the State Department, which is very good at coming up with phrases, comes up with a new word for nation-building, because that's what we're going to be doing. The Senator from Wisconsin. Senator HAGEL. Mr. Chairman, if I might add, I don't think the concern about nation-building comes out of the State Department. The CHAIRMAN. No, it doesn't. No, no. But maybe they can be helpful with the White House to come up with–I wasn't imply- ing—you had a Secretary POWELL. I know you weren't. The CHAIRMAN. We may need a word, though. Senator FEINGOLD. Thank you, Mr. Chairman. I'd like to thank you, Mr. Secretary, for being here today to dis- cuss United States policy toward Iraq, and I welcome the oppor- tunity. For months, the administration has continued to rachet up the rhetoric on Iraq, and, as we've already talked about, last week sent proposed language authorizing the use of force to the Congress. It is high time that this committee had the opportunity to hear a bit about just what is being proposed and what the implications are for our national security and foreign policy priorities. And I think this is especially true because, I've got to say, that because months into this debate I think we still lack clarity on a number of points. I think we're hearing shifting justifications for taking military action in Iraq now. Part of this was illustrated by Senator Sarbanes' listing of the different possible justifications, vis- a-vis Security Council resolutions, some of which I'm quite certain this country would not invade Iraq in order to enforce. The same thing goes for the sort of intermittent popping up of the claim that Iraq and al-Qaeda were in league on 9/11. Yester- day, the Secretary of Defense basically asserted that. When some- one asked the press secretary of the President whether or not that was the case, he said, “Well, they could get together.” So the trou- ble is, Mr. Secretary, it's unsettling to get this feeling that there are really shifting justifications for what is being contemplated here. We still know very little about precisely what mission is being proposed and what kind of commitments the American people are being asked to make. And so I, for one, given where we're at at this point, am very reluctant to support any resolution without clarity on these critical issues. As you know, I have tremendous respect for you, though, Sec- retary Powell, and I take your views very seriously, and that's why I'm very pleased that we have the chance to talk to you today. Mr. Secretary, the administration has asked for the authority to use force in Iraq. Actually, the administration has asked for au- thority to use force throughout the region, but we are talking about Iraq today. What is the mission being proposed? Is it disarmament? Are we proposing to do that? Or is it regime change? How does re- gime change relate to the problems of weapons of mass destruc- tion? Or is it enforcement of U.N. resolutions? Which mission is it? Secretary POWELL. The President hopes that it will be possible to solve this problem and deal with this crisis with military force 135 as the last resort. If it is necessary to use military force because Iraq does not come into compliance with the resolutions, particu- larly—and especially, really—the focus is on weapons of mass de- struction resolutions. The others might be considered a lesser in- cluded offense within a principal offense of weapons of mass de- struction. If the President finds it necessary or the international commu- nity finds it necessary to use military force to enforce those resolu- tions, at that point, I would not prejudge what the international community would say or what the President might say, but it seems to me clear that we're using military force because the re- gime intends not to come into compliance, and, therefore, the re- gime has to be changed. Senator FEINGOLD. Is it possible that it would involve disar- mament without regime change? Secretary POWELL. It would seem to me if the Iraqis— Senator FEINGOLD. The military action. Secretary POWELL. If the Iraqis do not cooperate and do not allow inspectors in under a new inspection regime to do the work that has to be done, then there is no point in continuing to deal with this regime in any way, shape, fashion, or form. And I think what comes into play at that point is what came into play back in 1998 when President Clinton looked at this problem and when the Congress looked at this problem. Both President Clinton and the Congress—and, in the case of this administration, we continue their policy of regime change because we had doubts about the willingness of this regime to come into compliance with these resolutions, especially those resolutions dealing with disar- mament, getting rid of weapons of mass destruction. Senator FEINGOLD. Under that formulation then, the mission is disarmament, and the regime is an impediment to that mission. It is not the mission- Secretary POWELL. That's right. Senator FEINGOLD [continuing]. To change the regime. Secretary POWELL. The mission from 1991 to 1998 was to get the inspectors in to make sure that they had disarmed. In 1998, when the inspectors could no longer do their work, the administration at that time and the Congress at that time said that the only way to get disarmament was for regime change, and regime change be- came American policy because the regime would not disarm. Senator FEINGOLD. I understand. Now, let me follow on that. Secretary POWELL. Yes. Senator FEINGOLD. If that's the case, are you aware of any sig- nificant planning for securing WMD sites in Iraq in the event of a military invasion? If the government were to be toppled and some degree of chaos were to reign for some period, isn't there a very real risk that weapons of mass destruction and the means to make them will be taken out of the country or sold off to exactly the kind of non-state actors that the United States is worried about? Do we know enough about where WMD sites are to be confident in our ability to secure them? And it seems that it would take a pretty large force to secure these throughout the country, and that if we don't succeed in all of this, then we've not actually succeeded in 137 I think I can speak for the world, we are glad you are where you are and we appreciate it, and the team that you have backing you up, your ambassadors and all, who are part of your operation. So thank you. Secretary POWELL. Thank you, Senator. Senator HAGEL. I also want to say that I was very pleased to learn that it appears now that Assistant Secretary Kelly is going to North Korea. I know that is hourly and that could yet change. But, as you know, we have had some discussion about “axis of evil” and the countries, and I think the direction that we appear to be headed here is the responsible direction. I had an opportunity to be briefed by the Japanese Ambassador here the last couple of days as I know you have, and the President has by the Japanese Prime Minister about this. And Iraq obviously seeps into everyone's conversation regardless what the issue is. I want to take the time I have to frame up a general question for you, Mr. Secretary, one that some of us have been concerned about; it's been dismissed by some. And that is maybe that the gen- eral area of the possibility of a ripple effect in the Middle East, South Asia, Central Asia, focusing on, a bit on the Israeli situation, the Israeli-Palestinian problem, what kind of an effect this could have, short-term, long-term, if, in fact we invade Iraq with a coali- tion. And followup questions that we have discussed here, how long the United States would have to stay in Iraq. I know they are all subjective. You cannot calibrate it precisely. But I think this committee, certainly this Senator, would be very interested in having you address that. You obviously have had to think through this a little bit as to some of the "what ifs.” What if we get into a little more than we thought? What if Saddam Hus- sein throws some Scuds with biological/chemical-tipped warheads and all these things that you've had to think through—not just the Defense Department, but you've had to think through them. You went through that once. And also in connection with that, maybe you could go a little deeper in your response to Senator Sarbanes as he quoted you back about the United States wholeheartedly committed to reconstruc- tion. A plan. How far are we along the way with a plan? I know what you've said, and I hear it from the administration, "We want a de- mocracy and democratic institutions." You said today that it most likely won't be a U.S. model in the first year. We accept that. But is there any plan? Who's working on something? Identify for me who is out there as to who we can go to to help us on the ground. I know I've thrown a lot at you, but take it in any sequence you like. Thank you. Secretary POWELL. With respect to the Middle East peace situa- tion that you touched on, I think that it is important that during this period of tension and buildup we do everything we can to keep the Middle East peace process on track. We're working very hard on this, Senator Hagel. We had good meetings in New York last week with Arab leaders with the quartet. And for the first time in a long time in the presence of the quartet, we brought in represent- atives of the Israeli Government and the Palestine Authority. We 138 had a rather energized debate, let me put it that way. And we have seen some progress with respect to transformation within the Pal- estinian Authority and some other things happening. Some slow progress, but I was encouraged by that progress. Unfortunately, as so often happens in that part of the world, the events of the last week and the situation at the Muqatta once again, with the Israeli ringing of it, has been a very unhelpful de- velopment, and we're working hard to see if we can break this siege once again and get back on a positive track and not con- stantly be sliding back down the hill. It is important for us to do everything we can to stabilize that part of the world and show progress, regardless of what else is going on, but especially in light of what might be going on in Iraq. There is also no doubt—there is no love lost for Saddam Hussein in any of the countries in the region. They recognize that he is one of the biggest destabilizing elements in the whole region and that a different kind of regime in Iraq would be quite welcome. They are not unmindful of the fact that the two invasions he's conducted in the last 20 years have been against neighbors. And they would like to see that kind of a change, but they are uneasy about how that change comes about and whether it will be in a way that further destabilizes the region. So it'll be a time of great tension. But I think if such an operation becomes necessary, that if it is done with dispatch, with efficiency, and with a clear sense of pur- pose and determination to bring this to an end, it will generate support and we can deal the other issues of uncertainty, such as the Middle East peace plan and concerns that might exist in the Arab street. With respect to Scuds and how they may be used against neigh- boring countries, it is an issue I've faced before for real. We went into the Desert Storm conflict quite confident they would use chem- ical weapons. They did not. We were expecting it. And we knew they had radiological capability and biological capability, and we prepared ourselves for that. And they did fire Scuds at neighbors, and we dealt with that. And we are thinking through the con- sequences of potential responses from neighbors, and all that is part of our calculus. And on your last point, the plan for reconstruction, there are task forces at work. There's a task force in my department. We're working with the Defense Department, National Security Council, and others. And as that work progresses, I think there will be op- portunities to share that work with the Congress. As you can ap- preciate, it's quite sensitive and compartmentalized at the moment. Senator HAGEL. I've got the little yellow timing light here. It was referenced recently by a member of your administration that one of the areas that we could count on if we invaded Iraq was to use Jordanian areas. Can you talk about that? It was my under- standing that that was still pretty iffy. Secretary POWELL. I think I would rather yield to my colleagues in the Defense Department who might be having more direct con- versations of this nature, and I would not want to speak for the Jordanian Government in this Senator HAGEL. Has King Abdullah's position shifted publicly on this? The last I knew- 139 Secretary POWELL. From what to what, Senator? Senator HAGEL. From what he last I knew, what he said pub- licly was that he wasn't prepared yet to commit to any invasion or use of Jordan for an invasion of Iraq. Secretary POWELL. I think that remains his public position, and I don't think we have asked him for permission to do anything yet. So the question is not before us at the moment. Senator HAGEL. Thank you. The CHAIRMAN. Senator Kerry. Senator KERRY. Thank you, Mr. Chairman. How much time are we operating on? The CHAIRMAN. Seven minutes. Senator KERRY. Thank you. Mr. Secretary, welcome, and thank you so much for your superb efforts at the United Nations. We do appreciate it. Let me begin by saying that I completely support what you have said in your testimony, and hope the United Nations will under- stand there's a broad base of support for that here in the Congress, that the regime of an inspection regime must, in your words, have the authority of a new resolution, it must remove the weaknesses of the present regime and cannot tolerate Iraqi resistance and games and so forth. We can't go back to where we've been. And I think everybody of common sense, hopefully, would support that notion. Would you say to Americans that we are in a stronger position with respect to the prosecution of a war and our relations in the world if we have the support of the United Nations? Secretary POWELL. Yes. Senator KERRY. And given that fact, would you also say that it is important to proceed now to try to give time to the U.N. to try to—and I'm not saying how much, and I certainly am not sug- gesting that our rights ought to be subjugated—but to give them sufficient time to be able to lend us that support so we are oper- ating from a position of strength? Secretary POWELL. Yes, and that's what we're doing now, Sen- ator. We are in the most intense consultations. And earlier I men- tioned that the United States and the United Kingdom have come together on a proposed resolution which I've sent my Under Sec- retary for Political Affairs, Marc Grossman, off this afternoon to visit Paris and Moscow and present our ideas to the French and the Russians. And I've discussed those ideas with my Chinese col- league earlier this morning on the phone and presented it to one of his Foreign Minister associates who is visiting here in Wash- ington. So we are working to try to bring the Security Council to- gether on a resolution. Senator KERRY. And if the United Nations were to pass a resolu- tion that, indeed, changed the regime and provided for genuinely airtight, comprehensive, unfettered, unconditional access, which I think is the only standard that can exist here, is it your judgment that if that were not complied with and they didn't provide author- ity for force commensurate with that, that they would then have no choice but to provide authority for use of force? I mean, I as- sume that they would be completely rendering themselves useless 140 and meaningless and have held themselves up to the highest level of contempt if they didn't. Secretary POWELL. It's certainly the case that I am making and the President is making to our colleagues in the Security Council, don't go down this road unless you are prepared to take action if there is continued violation of the kind we have seen in the past with respect to a new resolution. Now, the debate really is, should we come back to the Security Council again for new authority, or should the authority be imbedded in one resolution? Senator KERRY. I understand. But what I'm asking you really is, isn't the new authority an inevitability if they, in fact, give you this regime? Secretary POWELL. If they give—well, I believe it should be inevi- table, either under the framework of the United Nations or if, for one reason or another, the United Nations does not wish to take that action. Senator KERRY. Well, that brings me Secretary POWELL. But the President reserves the right to take the action with like-minded nations, just as was done in Kosovo. Senator KERRY. Fair enough. And I would accept where we are up until this point. Now, the purpose of the resolution that the President has sub- mitted to us, and, indeed, the purpose of your going to the United Nations, is to seek the strength of a U.N. resolution, really to en- force the U.N.'s purpose in all its prior resolutions, correct? Secretary POWELL. Yes, sir. Senator KERRY. And what you are seeking from us in the resolu- tion you have submitted to us is, in fact, enforcement of the U.N. resolutions. I mean, that's—there's a list of U.N. resolutions, cor- rect? Secretary POWELL. Yes. Senator KERRY. And so you're seeking, from the U.S. Congress, the right to use force to enforce those. Now, let me ask you- Secretary POWELL. Either—if I just-just to make sure we have a common understanding—to act as part of a multilateral effort, but also, in the event that the President sees that the U.N. will not be able to act and Senator KERRY. Well, I understand. Secretary POWELL [continuing]. Decides that it is in our interest to act with like-minded nations. And we believe there would be like-minded nations at that time. Senator KERRY. But the action, this is what I'm trying to get at. What we're seeking now, what you have acknowledged is the United States would be stronger if we had the United Nations. The United Nations has already expressed itself in a series of resolu- tions. All of those resolutions were listed in the President's speech. They are now listed in the resolution before us. What we are effec- tively being asked is to provide the capacity for the enforcement of these resolutions, the most important of which, you have acknowl- edged, is weapons inspection. Secretary POWELL. Right. Weapons disarmament. Disarmament. Senator KERRY. Weapons destruction- Secretary POWELL. Right. 141 Senator KERRY [continuing]. Not inspection. Now, none of those resolutions mention or seek regime change. Secretary POWELL. That's correct. Senator KERRY. So the United States is, in effect, sort of moving unilaterally to decide there is another goal here outside of the United Nations. They don't mention regime change except to the degree that enforcement of the inspection and destructions may ul- timately require a regime change. Secretary POWELL. Yes. That's the basis for U.S. Government policy, as expressed both by two Presidents in a row and the Con- gress since 1998. Senator KERRY. So, therefore, I would ask you, Mr. Secretary, and, through you, the President, based on some of the questions Senator Sarbanes asked earlier—I mean, I would assume, based on your experience and, I mean, just knowing you as I do, I can't be- lieve you would recommend to the President that he should go to war simply to enforce, what, the proper sale of oil. I would assume the President is not going to go to war simply—where is the listing here Senator SARBANES. Page three. Senator KERRY [continuing]. The release of the gulf war per- sonnel. Let me sort of come to my question. I mean, if—if—and I know it's a huge if; but if Iraq were pushed to a point that they had to comply, and did comply fully with an unfettered, uncondi- tional spot inspection satisfactory to the new regime which you are seeking from the United Nations, and it was met, would you go to war? Secretary POWELL. If Iraq was disarmed as a result of an inspec- tion regime that gave us and the Security Council confidence that it had been disarmed- Senator KERRY. Correct. Secretary POWELL [continuing). I think it unlikely that we would find a causus belli. Senator KERRY. Then don't we have to give that its opportunity to work? Don't you have to exhaust that possibility? Secretary POWELL. That's exactly the challenge that the Presi- dent presented to the United Nations. Senator KERRY. Then why are we being asked- Secretary POWELL. Because we believe Senator KERRY [continuing]. For a very broad resolution where we would give the authority to the President to go to war for so much more than that, prior to that even happening? I mean, you're asking the Congress of the United States to give a blanket permis- sion to go to war for a broad set of things that aren't even encom- passed in the resolutions, none of which rise, in your own testi- mony now, to the level of going to war? Secretary POWELL. Which broad set of things that Senator KERRY. Well, I mean, are you telling me we're going to go to war because they haven't returned all the stolen property and accepted losses from the war? Secretary POWELL. I think the President has made it clear in all of his conversations with Members of Congress, in his presen- tations to the American people, and his presentation to the United Nations that Iraq has to be disarmed. That- 142 Senator KERRY. I agree. Secretary POWELL [continuing]. Is the major problem. Senator KERRY. I agree completely. Secretary POWELL. But there are also, as you talked about, the various resolutions, the 16 resolutions, the almost 30 conditions contained within all those resolutions, there are a lot of other things that Iraq is in violation of. Senator KERRY. I completely agree. Secretary POWELL. But there is no question that light that is glowing at us is the one that has to do with weapons of mass de- struction. And the whole inspection regime went after that one. There was no inspection regime on Kuwaiti prisoners or the oil-for- food program. There are other ways to deal with that. And so what the President is asking for the authority to do is to take appropriate action either with the U.N. or, if the U.N. does not act, for him to work with other like-minded nations to disarm Iraq. And the whole purpose of a regime-change policy that came in in 1998 was because the regime, the Iraqi regime at that time, was acting in a way that suggested the only way you could get satisfac- tion of that disarmament requirement was through a change in the regime. Senator KERRY. Well, if I could just say, Mr. Secretary, the rea- son—and I'll close. My time is up, and I don't want to abuse it. But may I say to you, sir—and I don't want any misinterpretation about my position. I really want none whatsoever. The issue, to me, is not whether Saddam Hussein should be held accountable. Of course he should. The issue is not whether or not these weapons are a threat. Yes, they are. The issue is, how do we go about this? And the question remains why, if the gravamen of threat to the United States, according to most rational people's judgment, is the weapons of mass destruction, the capacity of Saddam Hussein to miscalculate, the capacity of those weapons to slide off to a surro- gate terrorist group—all of those threats are real—but if you could satisfy that threat without a drop of blood spilled because the United Nations succeeds in putting in place an unfettered, uncondi- tional spot inspection that results in destruction-I have no con- fidence, incidentally, that that will happen automatically. But it seems to me that's what builds you the legitimacy of the casus belli and the consent of the American people to finally make that com- mitment, and it just baffles me why the resolution doesn't reflect that, rather than this extraordinary broad overreach. The CHAIRMAN. Because it was written by the White House Counsel and not the Secretary of State. Secretary POWELL. May I make one final point? The CHAIRMAN. Yes. Secretary POWELL. Thank you, Senator. And I understand your point. If I can, just before shifting, come back to Senator Hagel briefly, yes, Assistant Secretary Kelly will be traveling to Pyongyang on the 3rd of October as a Presidential envoy. Senator SARBANES. Was the resolution written—I heard from someone the State Department wrote it. But I now understand from what Senator Biden said that that's not the case and that the 143 resolution was written by the White House Counsel. It came up here under the White House Counsel's name. Secretary POWELL. I think it came up from the White House. We all saw the resolution in the process of it being drafted. I saw it before it was submitted. Senator SARBANES. Where was the locus for writing it, at the State Department? Secretary POWELL. I can't tell you, Senator, whether my lawyers were involved in it or not, but I think the principal focus of writing and authorship was in the White House. The CHAIRMAN. Well, on a different subject of some interest, since you mentioned it at the front end of your testimony, we just passed the State Department Authorization bill. The House has passed it. The President will get it soon. If he signs it, which I hope he will, you'll have $80 million to take care of your last payment Secretary POWELL. Whew. The CHAIRMAN [continuing]. And a lot of other things, so I just thought that might give you a little good news in all the fun you're having here today. Secretary POWELL. The money was going to expire Monday, so thank you. Senator KERRY. Mr. Secretary, I just want to thank you. Secretary POWELL. Thank you, Senator. Senator KERRY. Thank you very much, sir. The CHAIRMAN. Senator Chafee. Senator CHAFEE. Thank you, Mr. Chairman, and thank you, Mr. Secretary, for being here. At the earlier session, I asked the former Secretaries a question relative to what President Mubarak said several weeks ago, and that was, “If you strike Iraq, not one Arab leader will be able to control the angry outbursts of the masses.” Now, as we go forward and you listen to someone who's been in the country since the early 1980s, probably longer than anybody else in the region, what do you think? Is this hyperbole? And if we're going to listen to these respected leaders in the world—and I'll also quote General Musharraf, “An attack on Iraq will have very negative repercussions around the Islamic world”—how do we, absent the overwhelming proof that constraints on Saddam Hus- sein are not working, how do we listen to these leaders and risk what they're saying? Secretary POWELL. There will be a period of heightened tension if we have to undertake military operations against Iraq. Many of them have also said to us that if it becomes necessary, it would be better if it was done under the provisions of a U.N. mandate, U.N. resolution. That would assist them enormously in dealing with the problems that might exist within their countries. There's no question there will be tension. But, at the same time, every one of these leaders also tells us that there is no question in their minds that Saddam Hussein is in violation, there's no question in their minds that he's a threat to regional stability and peace, there's no question in their minds that he is a threat to the region and has demonstrated previously his willingness to use weapons of mass destruction, and there is no doubt in their minds 144 that he continues to have the intent to develop these weapons of mass destruction. And so if it was done in a way that was decisive and that was swift and with the promise of a better life for the Iraqis afterwards, I think the spill-out-spill-off problems that might exist in the region for some period of time could be managed. Senator CHAFEE. În light of that, what's the difference between your experience in 1991 in forming an international coalition and the trouble, obviously, that we're having this year? You talked about these leaders knowing Saddam Hussein is a threat. Back in 1991 they gladly signed up to an international coalition, save Jor- dan, but this time, obviously, the dynamics are so different. It's 11 years later, and they're expressing grave, grave reservations. Does that tell us something? Secretary POWELL. Well, there are many differences. In 1990, it was a invasion of a fellow Arab nation. I mean, Iraq left its borders to invade another nation and take it over and eject a ruling family. It was on the verge, perhaps, of invading another neighbor, Saudi Arabia. And so there was no doubt about the threat. It was clear, it was present. And the response that the international community made to that aggression was that we would reverse that aggres- sion, and we would do it in a way that did not invade an Arab country in the process of doing it. We weren't going to Baghdad. We weren't invading Iraq. We were ejecting Iraq from Kuwait. And that gave us the wherewithal to put together this international coa- lition that consisted of Arab armies cooperating with us and fight- ing alongside of us. The Syrian army, the Egyptian army, the gulf military forces, and other Muslim nations participated in it. And it was for that reason that we had a limited mission, which was to eject the Iraqi army and not move on Baghdad. This is different. We have now seen, 11 years later, that this in- dividual still remains a threat, still tries to develop weapons of mass destruction, and it is a different context. And it's also a dif- ferent context with respect to the situation between the Israelis and the Palestinians. It's a much more heated environment. But keep in mind, it was heated then. People were worried then. And as the results of our success in the gulf war, we found that we were able to manage this heat that existed in the region and even use our success in the gulf war to get the Madrid process underway, the Madrid meetings that took place in the fall of 1991 which, in due course, led to other progress in trying to solve the Middle East crisis. Unfortunately, that did not solve the Middle East crisis and it's still with us, and it's in a much more difficult situation than it was then. Senator CHAFEE. So to get right down to it, the threat is dif- ferent. Secretary POWELL. The threat is different, the environment is different, and the only way to deal with the threat right now if we do not get compliance on the part of the Iraqi regime, Saddam Hus- sein—if we don't get compliance this time, then it is a different kind of military mission that must be undertaken, must be to go in and remove the regime. Senator CHAFEE. Would it be fair to say the threat is lesser? Secretary POWELL. The threat-if you're talking about the capac- ity of the Iraqi military, its conventional capacity is nowhere near 145 where it was 12 years ago. I would guess it's about perhaps 30 per- cent of its—30 to 40 percent of its size and certainly of its effective- ness. Its weapons of mass destruction, we destroyed a lot. The in- spectors did great work. Sometimes people talk down to the inspectors about the wonder- ful work they did for a period of 7 years. They helped with intel- ligence and helped with defectors who gave them information, but then they were thrown out and we don't know what's been reconsti- tuted over the last 3 to 4 years. So there is still the threat of weap- ons of mass destruction being used in any new conflict. Senator CHAFEE. It seems to me then that if the threat is lesser, we're having to horsewhip our allies into a coalition, the Arab friends and neighbors in the region- Secretary POWELL. Yes. Senator CHAFEE [continuing). Are all saying, “Don't do it.” Secretary POWELL. The coalition just- Senator CHAFEE. Madeleine Albright said, “This is a mistake.” And all you have to do is run your hand over the black granite at the Vietnam Memorial to see what mistakes do. Secretary POWELL. The coalition just didn't snap together on the first day of the conflict back in 1990. It took a lot of hard work. It took a lot of discussion and a lot of hard work on the part of Sec- retary Baker, then-Secretary of Defense Cheney, yours truly, as chairman of the Joint Chiefs of Staff, and, above all, President Bush and the other members of the Cabinet, to bring that coalition into being. And we are working in that same vein now. That's why President Bush took it to the United Nations on the 12th of Sep- tember. He didn't go to the United Nations on the 12th of Sep- tember to issue a declaration of war. It was a declaration of pur- pose, “We've got to do something about this.” And, yes, there are these dangers in the region that Secretary Albright spoke of, but we believe one of the greatest dangers in the region right now is the danger of this individual being able to thumb his nose once again at the United Nations, and the United Nations doing nothing about it, and his intent, unchanged, to con- tinued to develop weapons of mass destruction. And we may not be able to keep him in his box forever. We might not be able to con- tain him forever. We can't continue to take the risk of him coming out of that box or him showing up one day with the capability that threatens his neighbors or threatens our interests or threatens us directly, or his working with terrorist organizations which threaten us directly. Senator CHAFEE. Before my time runs out, I know Senator Kerry talked about it. Isn't that all the more reason to have more time on debate on this and Secretary POWELL. Well, I think Senator CHAFEE [continuing]. Giving the time for the Secretary POWELL. I think we are having that debate now, both here in the United States and in the United Nations. We're—I mean, I haven't spent—I've been doing nothing for the last 2 weeks since the President's speech but working this—yes, I have been doing other things, let me not sell myself short, others will do that for me. 146 But this certainly has been a priority for me for the last several weeks. Senator CHAFEE. You're terrific. Thank you. The CHAIRMAN. Mr. Secretary, do you need a break? Secretary POWELL. No, I'm fine. The CHAIRMAN. OK. And if you'd like a cup of coffee or something Secretary POWELL. I'm great. The CHAIRMAN. Mr. Secretary, you know better than I do that when I guess it was, I don't know–Senator Lugar or Senator Hagel were talking about the, sort of the artificial construct of this country named Iraq after 1921. This country, and I know you know this, but make sure I get it right-is divided Arab, Indo-Euro- pean—that is, Kurds—and the rest of the population is Arab. Arab population is split Sunni and Shia. Kurds, non-Arabs, are Sunnis. Sixty percent of the population is essentially in the southeastern part between the Tigris and the Euphrates, generally. The Shia, there are 600,000 to 700,000, based on, I think, your Department's estimates, Shia in Iran right now as displaced refu- gees. Do we have any sense——I'm not suggesting you should know, but do we have any sense whether or not if Saddam were gone, they'd come back? Do we have the problem and opportunity of 600,000-700,000 people moving back across the border, and all that that entails, good and bad? And do we have any sense of whether or not they'll come back looking to settle scores with the roughly 20 percent of the Arab Sunni population, which is the Ba'ath, the essence of the Ba'ath Party? In my discussions, and we've all had them over the years, with the Iraqi National Congress, there are real deep disagreements. Do we have any sense of what this diaspora of Shia in Iran, particu- larly, are likely to—anything about their attitudes, about democ- racy, or their attitudes about a united Iraq. Can you talk to us about that? Secretary POWELL. I don't know, Senator. I haven't seen any data on attitudes or whether we have done any analysis of that or poll- ing of that population. I'll have to look at that. If we have, I'll pro- vide it for the record. The CHAIRMAN. Now, you may not be able to answer the question in public, but we all know from our individual interfacing with for- eign leaders that the Turks are very concerned about the Kurds. We also know that the Kurds, some Kurds, kind of like it just the way it is. This is as close to an autonomous republic that they have had since 1921. And we know that not all Kurds, but a number of Kurds, still harbor a desire for a Kurdistan, which, I know you know this, the map is very small—but which goes well into Turkey and into Iran. Are we going to have to make any commitments to the Turks that the Kurds aren't going to know about? Or are we going to have to make any commitments or lay down the law to the Kurds before we enlist the Turks? In other words, everybody we've spoken to, military, non-mili- tary, says this operation—and you are one of the most well-known military men; you don't think that way anymore, but you are-ev- erybody tells us that without Turkey's participation or accommoda- 149 ful for our willingness to stand up for what we believe in. They are appreciative of our efforts to break down trading barriers and to expand the circle of economic liberalization and to talk about human rights. We spend a great deal of time saying, well, we haven't made enough progress in the Middle East, or, we have this Iraq problem, but we don't spend enough time talking about rapprochement and the strong relationship we've built with Russia, strong relationship we're building with China, our successes with respect to free trade agreements and how the President's going to trade promotion au- thority. We don't talk enough about the President's leadership with respect to HIV/AIDS and other infectious diseases. We don't talk enough about the African Growth and Opportunity Act expanded. And so we have got a lot of good things going on. We don't talk enough about how we got a Treaty of Moscow and we put the ABM Treaty in the past, and we're still going to cut ballistic missiles pointed at each other by some 60 or 70 percent, all without destroy- ing the strategic framework. Yet everybody last year resented the United States even thinking in these terms. Well, we pulled it off and we got a good agreement with the Russians, which I trust this body will ratify in the not-too-distant future. And so we've got a lot of good things going on that occasionally don't get talked about because we're focusing on the crisis of the moment, which is the way it is and the way things tend to be looked at. But we have had a number of foreign policy successes. There are a number of initiatives underway. And if you occupy the position of leadership that the United States does, you must assert it. You must lead. That's what President Bush is doing. And I think we will be showing to the world that success comes from such assertive, responsible behavior working with our friends and allies. Senator LUGAR. Mr. Chairman, I think that the NATO nations that listen to what the Secretary just said will be heartened by that. I appreciate your being that explicit and comprehensive. Mr. Chairman, I just want to offer a word of congratulations- and maybe I'm historically inaccurate, so you may check the record. But I think there has not been an authorization bill for the State Department that passed both houses and was conferred upon and signed by the President since 1986. Secretary POWELL. See, another foreign policy success that I wasn't even going to take credit for. Senator BIDEN. But whose is it? Senator LUGAR. But congratulations. The CHAIRMAN. I'm sure the President is responsible for that. Secretary POWELL. Thank you, Mr. Chairman, seriously. Mr. Chairman, that bill cleans up a lot of things and gives us a lot to work with, and we really are appreciative. The CHAIRMAN. We had a lot of help. Senator Sarbanes. Oh, I'm sorry. Senator Nelson. I beg your par- don. Senator SARBANES. I don't think you had a turn, did you? Senator NELSON. Not yet. The CHAIRMAN. I beg your pardon. Sorry. Senator NELSON. Mr. Secretary, we have a downed American pilot from the gulf war. You and I have talked about this. Since I 150 have spoken to you, I have spoken to every leader that I can get my hands on from the gulf region asking them to task their intel- ligence apparatus to see if they can get any information. Indeed, Captain Scott Speicher's status has been changed by the Depart- ment of Defense from killed in action to missing in action. And there is some consideration right now of perhaps changing his sta- tus to missing-captured, because there was a credible live sighting of Captain Speicher alive being driven to the hospital by a defector who was deemed credible. So I would just encourage you—Senator Pat Roberts of Kansas and I and Senator Bob Smith of New Hampshire are the ones that have been involved, mainly. Captain Speicher is from Jacksonville. His family is there. There's a wife and children and you can imag- ine the agony they're going through. So as we are getting ready to do an inspection regime on weapons of mass destruction in Iraq, I would encourage you to press the issue of the missing American pilot, as well. Secretary POWELL. Senator, you should have no doubt about that. I think I mentioned it in my prepared testimony. I'm in close touch with Secretary Rumsfeld and Deputy Secretary Wolfowitz, who has a personal interest in this and monitors it, and there were some developments earlier this week that I spent time on and, through intermediaries, was in touch with the family, so we take it very, very seriously and we watch it very closely and it will never be far from our mind. He went down when I was chairman, and I'll never forget it. Senator NELSON. Thank you. Could you help me understand how what is being trumpeted as a preemptive doctrine is any different from how we've always oper- ated, that the President clearly has the authority, as Commander in Chief, to act if it's in the interest of the United States, to protect the United States? Secretary POWELL. Well, I agree with you, Senator, and I had a chance to talk about this a little bit earlier, but I would like to say another word about it. In the National Security Strategy, what we attempted to convey with that language was that traditional means of deterrence and containment that worked against state actors- the Soviet Union, China, others—when you look at what happened to us on 9/11, we were struck by a terrorist group, not by a state actor, by a terrorist group that didn't come out to fight us in the field of battle, but sent in suicide bombers. And so it is a different kind of threat. And as we look at the tools available to us to deal with this threat, one of the tools that we have to be able to use are preemption tools. When if we see this kind of attack coming at us, then the act of preemption or taking preemptive action should be something we consider and perhaps consider it more readily than we might have in the past. I have reread that chapter a number of times since seeing all the press speculation and all the editorials being written on how it rep- resents a revolutionary new doctrine, and I, frankly, don't find it revolutionary. I find it sensible. The reason it's focused on so heavily in that particular section of the National Security Strategy, it was an effort on the President's part and the author's part to explain to people why this new threat 152 stopped all the dueling op-ed pieces and the dueling leaks and all the other things that were happening in August. Once the Presi- dent put the case down clearly and asked the U.N. for action, that changed a number of attitudes among our Arab friends. Senator HAGEL. Back to the issue on opposition forces, wherever, however they be and what role they may play. I noted here in the paper we are now engaged or soon will be engaged in training some form of opposition force. I think some of the terms used is “scouts” and other descriptions. What do you know about that? Where are they coming from? Is this a Northern Alliance kind of an effort? Are they there? Where are they? Why didn't we know about them before? Secretary POWELL. Senator, no decisions have been made yet, but there is certainly a great deal of planning underway as referenced in newspapers. But I would really prefer to yield to my colleagues in the Pentagon in a closed session to get into the details of this. Senator HAGEL. OK. Back to the issue of the resolution questions that were asked, and maybe you said this and I didn't hear it—the current back and forth and negotiation, if that's what's going on-most of us are not aware of it are you involved in that? Do you have a representative involved in that day to day negotiation with the language Secretary POWELL. I haven't been involved in the day to day dis- cussions that may be taking place between the administration and Members of Congress on the resolution. We all were involved in the preparation of the resolution or—although it came out the White House signed out by the President's Counsel, Mr. Gonzalez, I be- lieve. I'm quite confident that as Congress decides what changes it believes are appropriate to the resolution and the President con- siders those changes, that we will have a chance to weigh in as to the impact that those changes would have on anything we're doing diplomatically. I would just reinforce, however, that I believe it's important that action be taken on a resolution quickly as a way of showing unity of purpose within the U.S. Government. That would be helpful to me in my diplomatic efforts with the U.N. Senator HAGEL. Well, obviously, my implication there, and you, I'm sure, follow it—and I have nothing against lawyers. I've got one in the family, actually, one of my brothers. Secretary POWELL. Me too. Senator HAGEL. And you do, too. But one per family should be sufficient. And I apologize to Sarbanes and Biden on this point, but I don't think framing up the verbiage in an intent of going to war should be left to the President's Counsel's office, and I am con- cerned—maybe only I am concerned about that. It's important that the people who are going to have to implement this and carry out whatever it is the lawyers decide is the right way to do it be part of that, as well as you. And the other thing that concerns me about the resolution is this, I think, is the same office who had counseled the President that he doesn't need any involvement by the Congress to go to war in Iraq. And so if you'd care to comment on that, I'm sure we would welcome any thoughts you have. 153 Secretary POWELL. The resolution that the President sent up, we all saw, had an opportunity to comment on–I did—and reflected our input, but it came out of the White House, which is where I would have expected it to come out of. As modifications are made, as changes are made, and I think as we get closer to what the will of the Congress might be, I'm quite confident that the President will share it with the rest of us and we'll have a chance to give our input. Senator HAGEL. Well, thank you. I've got a little more time here, and I've got one additional question. In the Washington Post today there's a headline, “Bush Asserts That Al Qaeda Has Links To Iraq's Hussein.” And I know you gen- erally responded to that over here, but there's a quote in here from Secretary Rumsfeld—I know you don't speak for him: “A few hours before Bush's remarks, Defense Secretary Donald Rumsfeld was asked by reporters traveling with him in Warsaw if there are any linkages between al-Qaeda and Iraq.” After, there's now been some generalization that there might be new evidence here on training and there was past training and so on. And this is the quote, if this is correct, from Secretary Rumsfeld in response to that question, “I have no desire to go beyond saying the answer is yes.” Well, I find that interesting. I know it's not your quote. I'm not saying you answer for anyone other than yourself on this, but there is a thing that is rumbling around, I think, in the country and the world, Mr. Secretary, and that's the credibility of the argument here. And if the credibility of the argument continues to be stretched and pulled, and one week it's this and this week it's this, and much of the evidence of what I'm talking about, too, came out today in the hearings, as you know, trying to define a number of the questions that were asked what is the objective. I know you know this, but I don't think we can ever overstate the importance of the credibility of our senior members of our gov- ernment. And to say, yes, I know there is evidence there, but I don't want to tell you any more about it, that does not encourage any of us, nor does it give the American public a heck of a lot of faith that, in fact, what anyone is saying is true. We've been through one of those experiences before. Secretary POWELL. I think Director Tenet has spoken to this in his classified testimony, and I would encourage you to take a look at what George said. To summarize what I can say in open testimony, there is evi- dence of linkage between al-Qaeda and Iraq. Second, there is no linkage to 9/11 that we are aware of, but I can't dismiss that possi- bility. And, third, perhaps part of the confusion on this issue is that we're learning more over time as we get access to more and more people who have been detained or captured and as we have other defectors coming forward and as we really focus our intel- ligence assets on this question. And so there is no doubt that there are linkages, that there have been al-Qaeda members in Baghdad, and there have been contacts that have occurred over the years. There's no smoking gun linkage to 9/11, but it cannot totally be ruled out. And one of the reasons for the development of this story over the recent days and weeks is that we're learning more. And I think George Tenet, in his prepared classified testimony, talks to 156 It highlights the fact that terrorism of the kind we saw practiced in 9/11 presents a new threat to us and we have to consider the doctrine or the idea or the concept of preemption as a way of deal- ing with these. And it also puts it in a context that says it should not be done lightly, it should not be done without understanding of the consequences, and it should not be done in a way that people would think that we are just simply running around looking for wars. I think that is an overstatement of what the document says. Senator SARBANES. Well, I think it's safe to say that it redefines “imminent threat." I'd just end on a sort of a—perhaps a lighter note. I enjoyed this cartoon by Tom Toles in the Post. It says, “A new policy. The U.S. has the right to do whatever we want, whenever we want, wher- ever we want, to whomever we want regardless of what anyone else in the world thinks about it.” And then he says, “Did I leave anything out?” The fellow says, “Well, with rights, don't there also come responsibilities?” He thinks about that and then he says, “It is the responsibility of the rest of the world to help us pay for it.” So I just commend that to you for your attention. Secretary POWELL. What I would commend to you, Senator, is the United States should have the right to defend itself- Senator SARBANES. Absolutely. Secretary POWELL [continuing]. Against terrorist threats that are coming our way. Senator SARBANES. But you've been- Secretary POWELL. And if a terrorist threat is coming our way or if there is a nation out there that we know is planning to conduct action against us that we could preemptively stop, then I see no reason why the President should not do that. Senator SARBANES. Now, Secretary Kissinger this morning men- tioned those potential candidates for that approach because of the presence of al-Qaeda terrorism-Somalia, Yemen, Iran, and Indo- nesia-in his testimony. What's your view of that? Secretary POWELL. I'm not putting anybody on a candidate list. It depends on what the threat is, the reality of that threat, the proximity of that threat, the danger of that threat, and whether or not a President of the United States should take action to preempt or prevent such a threat. And if he has sufficient information that this threat is coming against the United States and he can take action to prevent it or preempt it, however—whichever word you prefer—I see no reason why we should deny a President of the United States the option to do that, or we should find that to be objectionable or somehow distasteful or somehow inconsistent Senator SARBANES. Is that to suggest that Secretary POWELL [continuing]. With our policies of long dura- tion. Senator SARBANES. Is that to suggest there are other potential candidates lined up behind Iraq? Secretary POWELL. We're not looking at candidates. We're looking at national security strategy, at a strategy of dealing with threats that might be coming at the United States of America, and I be- lieve it would be irresponsible for us not to consider the doctrine of preemption or prevention or concept, if you wish to call it that. 157 When we see a real and present danger that is coming our way and we can do something about it, then why should not the President do something about it to protect the American people? Senator SARBANES. Unilaterally- Secretary POWELL. I think the American people understand that. Senator SARBANES. Unilaterally do something about it? Secretary POWELL. Sir? Senator SARBANES. Unilaterally do something about it? Secretary POWELL. Maybe it's unilaterally, maybe- Senator SARBANES. Do other- Secretary POWELL [continuing). It's not unilaterally. Senator SARBANES [continuing]. Do other nations The CHAIRMAN. Senator? Senator SARBANES [continuing). Can other— The CHAIRMAN. Senator? Senator SARBANES [continuing]. Do other nations have recourse to the same line of thinking? Secretary POWELL. There is no nation that should not have re- course to a line of thinking when a threat is coming its way. It's inherent in the sovereignty of a nation to protect itself. The CHAIRMAN. One of the problems- Secretary POWELL. If we saw—if we were able to spot—well I don't want to get into anecdotal stuff, the Japanese fleet sailing on Pearl Harbor and knew what was going to happen and knew what was coming our way, preemption would have been a very sound policy, in my judgment, if the President had enough information and if he could present to the world, before or after the fact, why he did it and make the case for it. It seems to me that's the kind of thing you would have done. Senator SARBANES. I don't find that analogy really on all fours. The CHAIRMAN. Mr. Secretary- Secretary POWELL. Yes? The CHAIRMAN. One of the problems of having a powerful chair- man of another committee on your committee is he thinks he's chairman of that committee, too. And the only prerogative of being the chairman is you get to ask the last question, at least I thought it used to be. At any rate- Senator SARBANES. I yield to the chairman. The CHAIRMAN. I thank you. After 20 minutes, he yields to me. But I love him, and he has good questions. But let me ask you a concluding question here, because we only have a few minutes left on this vote and I'm sure you will not miss being able to leave. I'm not looking for percentages, but can you tell us what the next stages in your negotiations are, in your attempt to get a resolution through the Security Council that has teeth in it on a different re- gime of inspection? And ancillary to that, are you unalterably op- posed, is the President unalterably opposed, to a two-step process? Or need it be one-step? Secretary POWELL. On the first question, within the last 24 hours we came into agreement with the United Kingdom on what we thought a good resolution looked like and should contain. And, as I mentioned earlier, we are now—both the United States and the United Kingdom have begun consultations with the other perma- Purdue University Libraries 3 2754 074 688 189