fying here for over a generation. But this is a very important day, and we welcome you.

STATEMENT OF HON. RICHARD L. ARMITAGE, DEPUTY SECRETARY OF STATE, DEPARTMENT OF STATE, WASHINGTON, DC

Mr. ARMITAGE. Thank you very much, Mr. Chairman and Chairman Biden.

I was contemplating, coming up here, Senator Lugar, that you and I have been doing this for 23 years-at least I have had the honor of being in front of you for 23 years, with a short break. But even in the time out of government, I was able to come up, at the request of the committee, from time to time, and always found myself much better off for it.

I think, speaking for John and for myself, we are delighted to be at your first meeting as you hold the gavel of chairmanship. And I am sure the attendance here reflects the enthusiasm that Senator Biden engendered in this committee and which you have carried

on.

Chairman Biden, I am not going to take the bait on the question of the microphone being the only accomplishment. The fact of the matter is, we could spend all the time allotted for this hearing talking about your accomplishments, but I would like to single one. Last year, during your chairmanship, you held a series of public discussions and hearings on Iraq which really broadened, opened up the discussion to the public, as well as helped the administration to sharpen their thinking. So, look, we know the truth and are very grateful for it.

I would just ask you, Mr. Chairman, if you will be kind enough to put our statements, or at least my statement, in the record. I am not going to read it. I just want to make a few comments, which I have jotted down here.

The CHAIRMAN. With unanimous consent, that will be done.
Mr. ARMITAGE. Thank you, Mr. Chairman.

Senator ALLEN. You want to capitalize "Mack" in Mack truck.
Mr. ARMITAGE. Right, got it. Thank you.

In October of 2001, less than a teaspoon of anthrax in an envelope brought chaos to this body. Several hundred of your employees had to undergo emergency medical treatment, the building next door was closed, and ultimately two members of the postal service died, and the building in which they worked has yet to reopen.

Saddam Hussein, according to UNSCOM, the special commission, has 25,000 liters of anthrax. That is over 5 million teaspoons of anthrax. And he has yet to account for a single grain. That is why we are so alert, to take your invitation up, Mr. Chairman, and get up here, because we feel a sense of urgency. And from our point of view, that is evidence of it.

Now, you are absolutely correct, we have had quite a week. Monday, Mr. Blix and Dr. ElBaradei made their comments to the Security Council. On Tuesday, the Government of Great Britain announced that, in their view, what they heard constituted a further material breach, something that we heartily concur in. Tuesday night, the President made his, what I thought, a compelling State of the Union Address, in which he announced that Secretary Powell

would, indeed, on the 5th of February, go to New York and present some of this evidence to the Security Council.

But let me be clear. This is more than simply an appearance before the Security Council. This will be open. We are going to try to lay this out for the world. There are some leaders, as you suggest, Chairman Biden, that do not want to lead. So we will try, as you suggest, to make it a little easier.

Now, 12 years have gone by in which Saddam Hussein, to use your phrase, sir, has "thumbed his nose" at the international community. He has thought that he could do just what he pleased, he could have it both ways and not pay any personal price. Those days are over. He felt that because he faced a series of resolutions that had no teeth.

Well, in September, President Bush went to New York and made a very strong case that we would try to get a resolution, and we did. We got a resolution with teeth, a resolution that was backed by a very strong vote by the House and the Senate, House Joint Resolution 114, which authorized the use of force under certain conditions, which are laid out in the legislation.

And these this 1441 had two simple tests. The first was a declaration that was to be full, currently accurate, and complete. Saddam Hussein failed that test. And it had a second simple test, and that was to cooperate, to cooperate actively, immediately, and unconditionally with the inspection regime. He failed that test.

Now, there are many in the international community who call out that we need to give the so-called "inspectors" more time. And my view is, that is the wrong question. The question to ask isor to contemplate-is, "How much time has Iraq already been given?" From my view, 12 years and 2 months and several days now. Inspections continue. But inspectors, as Secretary Powell noted the other day, can grope around in the dark. This is not a scavenger hunt. This is not hide-and-seek. They are there to verify. And to verify, they count on cooperation.

Now, the question is not how long should be given for inspectors to grope in the dark, but when Saddam Hussein is going to turn on the light. And I think it is quite clear, from the President's comments in the State of the Union, that if Saddam Hussein does not turn on the light, the lights will be turned on, peacefully or forcibly. And you are exactly correct, it is his choice. But one thing I am going to make clear: He has got to make that choice in a hurry. And I think that was equally clear from the comments from the President at the State of the Union and yesterday on his travels. In our view, the lack of cooperation, simple cooperation, of Saddam Hussein indicates that he is intent on holding onto these weapons for three simple reasons. He wants them to either dominate, or to intimidate, or to attack. The President said the other evening in the State of the Union that to trust in the sanity and restraint of Saddam Hussein is not a strategy; neither is it an option.

So I welcome the opportunity to be here, Mr. Chairman, and look forward to a very vigorous give-and-take with the members of this excellent committee. Thank you.

[The prepared statement of Mr. Armitage follows:]

85-796 D-2

PREPARED STATEMENT OF HON. RICHARD L. ARMITAGE, DEPUTY SECRETARY OF STATE Mr. Chairman, Members of the Committee.

In October 2001, a single letter containing one teaspoon of anthrax threw this body into chaos. The offices next door were closed down for three months. Hundreds of your staff were subjected to emergency medical treatment. And two postal service employees died-the building they worked in is still not open for business.

According to the United Nations Special Commission [UNSCOM], which carried out inspections in Iraq for the better part of a decade, Iraq possesses some 25,000 liters of anthrax. That is, for the record, more than 5 million teaspoons of anthrax. And we have no idea where any of it is. Saddam Hussein has never accounted for one grain of it.

This is a matter of terrible urgency. I welcome the opportunity to discuss with you and this Committee the latest developments in the inspection process and what those developments mean for our commitment, as a country and as part of the world community, to see that Iraq is disarmed fully, finally and right now of all weapons of mass destruction and terror.

This has been a dramatic week. On Monday, Dr. Blix and Dr. ElBaradei presented their reports to the U.N. Security Council. On Tuesday afternoon, the government of the United Kingdom stated that, based on that report, Iraq was in further material breach. On Tuesday evening, President Bush was unequivocal. “We will consult," he said, "But let there be no misunderstanding. If Saddam Hussein does not fully disarm for the safety of our people, and for the peace of the world, we will lead a coalition to disarm him.'

This situation has just about reached a boiling point, and the entire world is watching. Rightfully so. This is what Monday's report told us: since the passage of U.N. Security Council Resolution 1441, Iraq's last chance to disarm, Iraq has refused to hand over or destroy its chemical and biological weapons; Iraq has refused to identify the location and fate of its considerable stocks of anthrax, botulinum toxin, VX, sarin, and mustard gas; Iraq has refused to surrender its mobile biological capabilities, which are essentially germ laboratories tucked into the back of a Mack truck; and Iraq has refused to account for tens of thousands of empty-and full-chemical and biological warheads. And, mind you, these are just the materials and the weapons we know about, just some of what UNSCOM catalogued in 1999 after inspectors were kicked out of Iraq in 1998. We do not know what Saddam Hussein may have amassed in the years since.

This is not some abstract concern. This is a concrete and significant military capability-one that Saddam Hussein has shown a willingness to use. And consider that the amount of biological agent that U.N. inspectors believe Iraq produced-the 25,000 liters of anthrax and 38,000 liters of botulinum toxin-is enough to kill tens of thousands of people. Perhaps far more, depending on how, when and where it is released. And consider that UNSCOM found more than just the evidence of bulk biological agents. The inspectors also found that Iraq had developed effective and efficient means for dispersing these materials: unmanned aerial vehicles, spray devices, special munitions. We don't know where any of it is. And the last 60 days of new inspections have turned up no additional information that could allay any concerns about this military capability.

On Monday, Dr. Blix came to the conclusion that "Iraq appears not to have come to a genuine acceptance-not even today-of the disarmament, which was demanded of it and which it needs to carry out to win the confidence of the world and to live in peace." The Department of State shares this conclusion. Iraq has failed to cooperate actively, and without active cooperation, the peaceful disarmament of Iraq is not going to be possible. As you have heard us say, time is running out for the Iraqi regime to remedy this situation.

The implications are stark. For 12 years, the international community has demanded that Iraq disarm. And for 12 years, we have tried to limit the damage that Saddam Hussein could inflict on his neighbors and on his own people. But throughout this time, Saddam Hussein has constantly tested and correctly assessed that none of these measures has any real teeth. That he personally need not pay the price for any of it. That he need not change any of his behaviors or give up any of his ambitions. And so despite the international community's effort, and the inspectors' Herculean effort, Saddam Hussein remains a threat.

In effect, the United Nations has tolerated defiance and allowed the Iraqi regime to retain its devastating military capability for far too long. Last fall, this situation compelled President Bush to challenge the international community to take a stand. And the U.N. Security Council responded by unanimously passing Resolution 1441, a resolution that dramatically broke with the past. It included tests that have to be passed and it had teeth.

With this resolution, the world put the burden of proof back where it belongssquarely on the shoulders of Saddam Hussein. Resolution 1441 found that Iraq has been and remains in material breach for its refusal to disarm, but the resolution offered the Iraqi regime one last chance for a peaceful solution. The Security Council demanded immediate, full and verifiable disarmament of Iraq, the original terms of 1991 cease-fire (UNSCR 687). The first test of compliance was set as a full, currently accurate and complete accounting of Iraq's deadly programs. The second test was cooperation with the inspectors, "actively, immediately, and unconditionally." And both tests rested on an ironclad bottom line: Resolution 1441 warned that serious consequences would result from continued Iraqi noncompliance.

On Monday, after 60 days of inspections, the inspectors delivered bad news. Iraq has failed each test. My colleague, Ambassador Negroponte, will speak to this in more detail, but essentially, Iraq's declaration was a scurrilous 12,000-page waste of time. Not one member of the Council rose to defend it. The three-foot tall stack of papers is at best-recycled information with a dash of new obfuscation. As for Iraqi cooperation, it has been neither active, immediate nor unconditional. In fact, it has been lacking altogether. Take, for example, aerial surveillance. Because of Iraq's interference, the inspectors are not supported by any fixed-wing aerial surveillance at this time, which is in direct defiance of the detailed terms of Resolution 1441. Let me tell you why that is important. We know from past experience that at times, Iraq has been tipped off as to where the inspectors are going, allowing Iraqi officials to remove or hide documents and materials, sometimes literally going out the back door while inspectors are knocking on the front door. Overhead surveillance would help ensure that these tactics and tricks of the past could not confound today's inspections.

There is no sign, not one sign, that the Iraqi regime has any intent to comply fully with the terms of Resolution 1441, just as it has failed to comply with previous U.N. Security Council resolutions. The international community gave Iraq one final opportunity to disarm peacefully, and that opportunity has just about run its course. Dr. Blix told us on Monday that there has been no progress toward credible, verifiable disarmament.

There are those who say we still need to build our case, and that Secretary Powell will have to present convincing evidence when he appears before the Security Council on February 5th. But this is not about the United States, and what we can prove. This is about Saddam Hussein, and what he must prove. He is the one who owes us evidence. On Monday, Hans Blix gave us a vivid snapshot of how the situation stands right now. Next week, Secretary Powell will give us the bigger picture, the past record and the present realities. His presentation will include some intelligence and information the public has never heard before, but all of it will reinforce the message Dr. Blix conveyed.

There are those who say we need more time for inspections to "work." To this I respond that it is not a matter of how much time to give inspectors but of how much time we have already given Iraq. And in these 12 long years, the regime has yet to even accept disarmament in principle, according to Dr. Blix. At this point, giving Iraq more time may well be wishful thinking. Arguing for more time is essentially telling Saddam Hussein that the threat of "serious consequences" is hollow, just like every other threat made over the past 12 years. It does none of us any good to let Saddam Hussein think he can wear us down into his version of business as usual. As President Bush said on Tuesday, "if this threat is permitted to fully and suddenly emerge, all actions, all words and all recriminations would come too late. Trusting in the sanity and restraint of Saddam Hussein is not a strategy and it is not an option."

Resolution 1441 was clear. One final chance to disarm peacefully. No second chance. That is not to say that it is too late for the Iraqi regime. I think we can all still hope for a peaceful solution in the next days and weeks. To that end, the United States will continue to offer the inspectors a variety of material and intelligence support. But for Iraq, the time for a peaceful outcome, an outcome where inspectors are able to verify Iraq's decision to disarm. That time is fast coming to a close.

The president was clear on Tuesday. He has not yet made a decision to resort to military action. But he has reached a decision that the international community has an obligation to see that Iraq is disarmed. Peacefully-or forcibly, if necessary. When all 15 members of the Security Council voted to pass U.N. Security Council Resolution 1441, they agreed to this. They reaffirmed the authorities given in 1991 and they assumed the responsibility for putting their will behind their words. Moreover, Saddam Hussein's defiance is not just a clear and present threat to our mutual security and vital interests; it also challenges the relevance and credibility of the Security Council and the world community. President Bush, Secretary Powell, other

administration officials and I have begun consultations with other Security Council members, friends and allies to discuss the implications of Iraq's choice and to consider how to best protect our interests and the interests of the international community. All states with an investment in the rule of law and international stability will have to consider some difficult questions. Will the world acquiesce and stand down if Iraq refuses to disarm? Will we allow our fear and reluctance to fight drive us into confusion and inaction, even in the face of such a threat? And what will this mean for the future, particularly in a world where Iraq is not the only nation with ambitions for such an arsenal? We expect to have a full and frank exchange of views in the coming weeks.

No one in this country or the international community wants war. For war is horrible. But no one wants a regime with no regard for the welfare of its own people or the borders of its neighbors and no regard for the will of the international community to possess weapons of mass destruction. We have to face the fact that if Iraq does not disarm peacefully, we will have to make a choice. We cannot have it both ways. If Saddam Hussein refuses to give up his lethal capabilities we can only conclude, as the president said, that Saddam Hussein is keeping these weapons in order to "dominate, intimidate, or attack." It is our hope that the world community will choose to stand behind Resolution 1441 and as a great coalition act with clarity of purpose and strength of resolve to disarm Iraq and protect our peace and security.

The CHAIRMAN. Thank you very much, Secretary Armitage.

It is a privilege to have our Ambassador to the United Nations, John Negroponte, a veteran diplomat, Ambassador, and, likewise, a good friend of the committee, who has testified frequently. But it is very important testimony today. It is great to have you, sir, and we appreciate your being here.

STATEMENT OF HON. JOHN D. NEGROPONTE, U.S. PERMANENT REPRESENTATIVE TO THE UNITED NATIONS, NEW YORK, NY

Ambassador NEGROPONTE. Thank you very much, Mr. Chairman, and it is a pleasure to be before the committee once again.

As the Deputy Secretary has said, Resolution 1441 presented Iraq with the requirement to disarm and two tests, one that Iraq would submit, and I quote, "a currently accurate, full, and complete," unquote, declaration of all aspects of its WMD programs and delivery systems; and, two, would Iraq cooperate immediately, unconditionally, and actively with UNMOVIC and the IAEA?

The presentations we heard on Monday in the Security Council confirmed that, in spite of the urgency introduced into Resolution 1441, Iraq did not meet either test. The declaration was a fundamental test of cooperation and intent, and Iraq failed it resoundingly.

On January 27, Dr. Blix, himself, again said, "The declaration does not❞—and I am quoting here "clarify and submit supporting evidence regarding the many open disarmament issues." "Regrettably”—and I am continuing to quote here "the 12,000-page declaration, most of which is a reprint of earlier documents, does not seem to contain any new evidence that would eliminate the questions or reduce their numbers," end of quote.

And then the inspectors' reports go on to raise a number of key issues that are still unanswered and to which you referred to in your statement, Mr. Chairman, and so has Secretary Armitage also, so I will not repeat them in detail, but they relate to the VX, to the Iraqi Air Force document that indicates that there are at least 6,500 chemical bombs, weapons bombs, unaccounted for, un