S. Hrg. 107-124

    THE THREAT OF BIOTERRORISM AND THE SPREAD OF INFECTIOUS DISEASES

=======================================================================

                                HEARING


                               BEFORE THE


                     COMMITTEE ON FOREIGN RELATIONS

                          UNITED STATES SENATE


                      ONE HUNDRED SEVENTH CONGRESS


                             FIRST SESSION


                               __________

                           SEPTEMBER 5, 2001

                               __________




       Printed for the use of the Committee on Foreign Relations




 Available via the World Wide Web: http://www.access.gpo.gov/congress/
                                 senate



                    U.S. GOVERNMENT PRINTING OFFICE
75-040 DTP                  WASHINGTON : 2001
__________________________________________________________________________
For Sale by the Superintendent of Documents, U.S. Government Printing Office
Internet: bookstore.gpr.gov  Phone: toll free (866) 512-1800; (202) 512-1800  
Fax: (202) 512-2250 Mail: Stop SSOP, Washington, DC 20402-0001




                     COMMITTEE ON FOREIGN RELATIONS

                JOSEPH R. BIDEN, Jr., Delaware, Chairman
PAUL S. SARBANES, Maryland           JESSE HELMS, North Carolina
CHRISTOPHER J. DODD, Connecticut     RICHARD G. LUGAR, Indiana
JOHN F. KERRY, Massachusetts         CHUCK HAGEL, Nebraska
RUSSELL D. FEINGOLD, Wisconsin       GORDON H. SMITH, Oregon
PAUL D. WELLSTONE, Minnesota         BILL FRIST, Tennessee
BARBARA BOXER, California            LINCOLN D. CHAFEE, Rhode Island
ROBERT G. TORRICELLI, New Jersey     GEORGE ALLEN, Virginia
BILL NELSON, Florida                 SAM BROWNBACK, Kansas
JOHN D. ROCKEFELLER IV, West         MICHAEL B. ENZI, Wyoming
    Virginia
                     Edwin K. Hall, Staff Director
            Patricia A. McNerney, Republican Staff Director

                                  (ii)

  


                            C O N T E N T S

                              ----------                              
                                                                   Page

Cilluffo, Frank J., senior policy analyst, Center for Strategic 
  and International Studies, Washington, DC......................    86
    Prepared statement...........................................    89
Henderson, Donald A., MD, MPH, director, Center for Civilian 
  Biodefense Studies, Johns Hopkins University, Baltimore, MD....    62
    Prepared statement...........................................    65
Heymann, David. L., MD, executive director, Communicable 
  Diseases, World Health Organization, Geneva, Switzerland.......    70
    Prepared statement...........................................    73
Ikle, Dr. Fred C., distinguished scholar, Center for Strategic 
  and International Studies, Washington, DC......................    59
    Prepared statement...........................................    61
Nunn, Hon. Sam, co-chair and chief executive officer, Nuclear 
  Threat Initiative, Washington, DC..............................    13
    Prepared statement...........................................    19
Woolsey, Hon. R. James, former Director of Central Intelligence, 
  and partner, Shea & Gardner, Washington, DC....................    26
    Prepared statement...........................................    30

                                 (iii)

  

 
    THE THREAT OF BIOTERRORISM AND THE SPREAD OF INFECTIOUS DISEASES

                              ----------                              


                      WEDNESDAY, SEPTEMBER 5, 2001

                                       U.S. Senate,
                            Committee on Foreign Relations,
                                                    Washington, DC.
    The committee met, pursuant to notice at 10:00 a.m., in 
room SD-419, Dirksen Senate Office Building, Hon. Joseph R. 
Biden, Jr., (chairman of the committee) presiding.
    Present: Senators Biden, Boxer, Bill Nelson, Rockefeller, 
Helms and Lugar.
    The Chairman. The hearing will come to order.
    National security, to state the obvious, is the first 
obligation of every government. And the test of how well we 
meet that obligation is whether whatever action we take makes 
us more or less secure in the end.
    There are some very difficult decisions with hard choices 
relating to strategic doctrine, foreign policy, threat 
assessment and economic constraints that every President and 
every government has to face.
    And just as we would all agree that we would provide for 
the health care of all if we had unlimited funds, when there 
are not unlimited funds we have to make difficult choices. We 
have to make the same kinds of decisions in terms of our 
national security.
    One aspect of our sacred responsibility to our fellow 
citizens, to provide for the physical security of our Armed 
Forces and to protect our homeland, is how we go about this 
process.
    This is the first in a series of hearings on what have been 
termed ``Homeland Defense and Protecting U.S. Military 
Forces,'' where we will focus on the threats to our homeland 
and attempt to assess what those threats are and prioritize 
them to be able to make rational recommendations to our 
colleagues.
    These hearings have taken on an added sense of urgency in 
my view for two reasons: The most ominous reason is there 
appears to be an overwhelming focus, I would subjectively 
characterize as a myopic focus, on national missile defense by 
the Bush administration.
    We appear to be about to jettison 50 years of strategic 
doctrine grounded on three basic principles: One, reduce the 
number of nuclear weapons in the world and prevent 
proliferation to other countries; Two, stop all nuclear weapons 
testing, because only with new testing can new weapons of mass 
destruction be developed. And the United States is far ahead of 
the game.
    And, Three, diminish or eliminate the reliance on those 
nuclear weapons which are most vulnerable and therefore the 
least stable because they are most likely to be used on short 
warning. These have been at least three of the basic principles 
of our strategic doctrine for the last five decades.
    But, for example on August 16, Secretary Rumsfeld told the 
``Lehrer News Hour'' that he didn't care if other countries 
responded to a U.S. missile defense by MIRV'ing or re-MIRV'ing 
their ICBMs. He added, ``What really counts is the total number 
of weapons.''
    In doing so, the Secretary threw out decades of rightful 
concern over crisis stability which lead to the landmark 
efforts by the Reagan and Bush administrations to get the 
Soviet Union to give up MIRVed ICBMs. In the interest of 
missile defense, Secretary Rumsfeld reduced our nuclear 
strategy to a simple numbers game.
    Later last month, Under Secretary of State Bolton suggested 
that we might withdraw from the ABM Treaty if President Putin 
does not agree by November to scrap the treaty.
    Russian officials had publicly declared their willingness 
to amend the ABM Treaty. But obviously an amendment does 
nothing.
    The administration and Mr. Bolton then tried to walk back 
his comments. Maybe they realized the United States won't win 
any friends by rejecting Russian proposals when we have none of 
our own, especially on offensive force reductions, which 
President Bush and President Putin agreed were tied to the 
issue of missile defense.
    But I have yet to hear any serious U.S. proposals or any 
rational explanation of why we cannot amend the ABM Treaty to 
permit the testing that the administration wants conducted. And 
just this weekend there was a bit of a flap in the press--a 
number of national press people questioned me, and I'm sure the 
rest of my colleagues, on press reports the administration is 
willing to let China MIRV its ICBMs and let it resume nuclear 
testing in response to a missile defense deployment.
    The Chinese build-up may, in my view, spark a new arms race 
involving India and Pakistan. But our withdrawal from the ABM 
Treaty, the end of the START process and renewed nuclear 
testing seems to be something that the administration may be 
willing to pay in order to be able to move forward with an 
untested, undeclared national missile defense.
    A few months ago, and I don't want to get in the middle of 
this but there is a former famous Senator who may testify today 
who warned against making missile defense an issue of theology. 
Looking at recent administration actions, I'm beginning to 
wonder whether we run into theology or technology.
    The second reason for a sense of urgency of these hearings 
is the state of the budget. We are not where we were 15 months 
ago with a large surplus. The loss of the surplus and the lack 
of funding have created new impairments.
    It was at least theoretically possible 18 months ago to 
meet all our defense needs. But because of the state of the 
economy and arguably some action taken to reduce the surplus, 
that is no longer possible. So we have to now prioritize.
    And we still have no reliable estimates on the full cost of 
national missile defense, but we know that they range from $60 
billion to hundreds of billions of dollars to develop the 
systems contemplated by the Bush administration and the last 
administration.
    Obviously, we don't have enough money to do everything. The 
estimates for the 10-year cost for modernizing our conventional 
forces range from $250 to $650 billion over 10 years. So these 
are the two reasons for the urgency of these hearings.
    Hopefully, when we finish our hearings we'll have a much 
clearer understanding of the needs we face and which we should 
address first.
    Today's hearing will focus on the threat of bioterrorism 
and the holes in our homeland defense policy when it comes to 
combating this threat. We begin with two expert panels on two 
closely linked issues: Bioterrorism and the spread of 
infectious disease.
    Our globalized world, where people and goods constantly 
move across borders, is a perfect breeding ground for the 
spread of disease, whether from natural epidemics or 
bioterrorism. It would seem to me, and I'm sure the testimony 
we will hear today will address this, that any steps we take 
against the threat of biological terrorism could reap benefits 
in medical efforts to slow future infectious disease epidemics 
and vice versa.
    An improved public health system in the United States would 
help address this great national security threat as well. But 
make no mistake, a biological weapon smuggled across a border 
and the spread of infectious disease are very real threats.
    This hearing will give us insight into how well prepared we 
are to engage those threats and what we need to do if we are 
not fully prepared, and hopefully we'll have some estimate of 
the costs of doing all this.
    Our first panel will focus on the truly harrowing 
consequences that a bioterrorist attack would have on our 
people and indeed on our democratic political system. Former 
Senator Sam Nunn and former Director of Central Intelligence 
Jim Woolsey have participated in a chilling simulated exercise 
called ``Dark Winter.''
    I wish we had the time, and maybe we will see parts of the 
CD-ROM they produced from that exercise. As I'm sure both 
Senator Nunn and Mr. Woolsey will emphasize, ``Dark Winter'' 
was a nightmare scenario exposing serious flaws in our public 
health infrastructure's ability to deal with a major disease, 
whether it be a smallpox attack or a flu epidemic.
    I reviewed that scenario last night, and I can tell you 
that it is harrowing. It was frightening not just for the many, 
many people around the world who could be felled by a 
biological weapons attack. Perhaps even more frightening was 
the risk that if we do not prepare rationally for such an awful 
event, we may put our democracy at risk.
    Our witnesses are: Dr. D.A. Henderson, director of Johns 
Hopkins Center for Civilian Biodefense Studies; Dr. David 
Heymann, executive director of Communicable Diseases at the 
World Health Organization; and the Honorable Fred Ikle, former 
Director of the U.S. Arms Control and Disarmament Agency, who 
is now a distinguished scholar at the Center for Strategic and 
International Studies; and Frank Cilluffo, senior policy 
analyst at the Center for Strategic and International Studies.
    Before hearing our first panel, I would like to make part 
of the record two letters to the committee, one by Dr. Joshua 
Lederberg, a Nobel Laureate and noted expert in infectious 
disease, and the other by Dr. John Mekalanos, chairman of the 
Department of Microbiology and Molecular Genetics at Harvard 
University.
    These two scientists are among the most accomplished 
microbiologists and infectious disease experts in the world. 
Dr. Lederberg's letter is actually a primmer on what he calls, 
``a matter of transcendent importance to our security and to 
global human welfare.''
    He warns that biological weapons are ``Probably the most 
perplexing and gravest security challenge we face.'' But he 
approaches that challenge with both clarity and wisdom. Listen 
to his description of the dilemma dealing with a biological 
weapons attack. ``The organization of government to deal with 
mass contingencies is a vexing and still poorly attended 
problem. It entails the coordination of local, state and 
Federal assets and jurisdictions; the intersection of law 
enforcement, national security and public health; and a time of 
crisis is not the best venue for quarrels over responsibility 
and authority, over who will pay for it.
    ``Our main bulwark against direct large-scale attack is a 
combination of civic harmony and firm retaliation against 
egregious transgressors.``
    Dr. Lederberg also discusses the role that primary 
prevention, including strengthening of our intelligence 
capabilities, should play in any response.
    Dr. Mekalanos presents his findings on the emergence of new 
infectious agents in nature and the import of the advances in 
microbiology on the threat posed by bioterrorism.
    If, God forbid, America should ever be attacked by 
biological weapons, it will be the scientists and the public 
health professionals on the front lines, not just our men and 
women in uniform. And it's the scientists and public health 
officials, as well as state and local governments and public 
services, who will have to be fully prepared to engage the 
enemy, whomever it is and whatever it is.
    On the other hand, U.S. military must have the ability to 
detect, survive, and maintain operations during biological 
attack. It must also be prepared to assist at home in ways that 
buttress, rather than undermine, the authority of state and 
local officials.
    I said that God forbid we should ever be attacked in this 
manner. But the truth is that such an attack is more likely 
today than it ever had been in the past, and that the 
comparable natural epidemic is all too possible in the decades 
to come.
    In my view, the threat from anonymously delivered 
biological weapons and from emerging infectious disease simply 
dwarfs the threat that we will be attacked by a Third World 
ICBM with a return address. I'm not suggesting anyone else 
agrees with me on that. That is just my view.
    Whether you agree or disagree with that judgment, however, 
it is clear that bioterrorism and infectious diseases are real 
threats that demand our attention now. Because there are steps 
that we can realistically take now to contain them.
    If we can come to grips today with the implications of that 
reality, then this may be the most important hearing we hold 
this year.
    In ending my statement, let me exercise a point of personal 
privilege, actually, two. When Senator Nunn was the Chairman of 
the Armed Services Committee, he and I put together a little 
piece of legislation on antiterrorism. And I can just remember, 
Sam, the difficulty we had and the inability we had, 
notwithstanding the consensus we thought we had, to deal with 
the little thing called posse comitatus and how we were going 
to deal with weapons of mass destruction, the role of the 
military in dealing with them in a domestic attack that was a 
terrorist attack.
    If I just think of that one debate, that one debate, the 
concerns you have all raised in ``Dark Winter'' make that one 
concern pale by comparison.
    [The letters referred to by Chairman Biden follow:]

   Joshua Lederberg, University Professor-Emeritus,
                                The Rockefeller University,
                     1230 York Ave., New York, NY, August 30, 2001.

Hon. Joseph R. Biden, Jr.
Chairman, Committee on Foreign Relations,
221 Russell Senate Office Building,
Washington, DC.

    Dear Senator Biden:

    I am honored to have the opportunity to address you and your 
committee by means of this letter, on a matter of transcendent 
importance to our security, and to global human welfare. I refer to the 
threat of use and proliferation of (micro)biological weapons, which 
will be almost irresistible temptations to malignant persons and 
states, who would otherwise be intimidated by the U.S. preeminence in 
wealth and military technology.
    To structure your perusal, my outline will be as follows.

  <bullet> definition, historical note, and assessment of scope of the 
        BW threat

  <bullet> Countermeasures: diplomatic

  <bullet> defensive preparations

  <bullet> deterrence and intelligence

  <bullet> primary prevention; our clean hands

  <bullet> inspiring global convergence on health as human aim

<bullet> Definition, historical note, and assessment of scope of the BW 
        threat
    I will define biological warfare as the use of agents of disease 
for hostile purposes. This embraces attacks on human health and 
survival, but extends also to plant and animal crops. Far from vague 
speculation, BW was the focus of billion dollar investments, both by 
the U.S. and the USSR until President Nixon's unilateral abjuration in 
1969. This was followed by the negotiation, ratification and coming 
into force (in 1975) of the Biological Weapons Convention (BWC). This 
is a categorical ban of the development, production or use of BW.
    The cardinal features of BW are outlined in attached Table 1.

Most important are:

      low cost and ease of access

      difficulty of detection, even after use, until disease has 
advanced

      unreliable but open-ended scale of predictable casualties
          per kilogram of weapon the potential lives lost match nuclear
          but would need far less costly and sophisticated technology

      clandestine stockpiles and delivery systems--the proverbial 
suitcase
          perhaps concealed in a bale of marijuana.

    Published citations to intelligence estimates would place up to a 
dozen countries in the camp of BW-developers. Considerable harm could 
be done (on the scale of, say, a thousand casualties) by rank amateurs. 
Terrorist groups, privately or state-sponsored, with funds up to $1 
million, could mount massive attacks of 10 or 100 times that scale. 
Important to keep in mind: if the ultimate casualty roster is 1000, 
there will have been 100,000 or 1,000,000 people at risk in the target 
zone, legitimately demanding prophylactic attention, and in turn a 
draconian triage. Several exercises have given dramatic testimony to 
how difficult would be governmental management of such incidents, and 
the stresses on civil order that would follow from inevitable 
inequities in that management.
    The short bottom line is that, in the current world where major 
states sustain some equilibrium through mutual deterrence, and positive 
shared interests, BW offers opportunity for grave harm on the part of 
lesser actors. Relative to the assets and doctrinal insights available, 
BW is probably the most perplexing and gravest security challenge we 
face.
<bullet> Countermeasures: diplomatic
    President Nixon's abjuration of BW as a U.S. military weapon, in 
1969, set in motion the most important diplomatic and legal steps 
towards the eradication of BW globally, laying the groundwork for the 
BWC treaty. The BWC lacks robust verification machinery, mainly for 
reasons intrinsic to the technology, and as well that certain parties 
to the BWC have no intention of complying with it. But BW verification 
is not the foundation of our own no-BW stance; the U.S. has long since 
abandoned the idea that it need or would respond in kind to BW attack. 
Were it not for the BWC we would have seen a gradually escalating 
technology race, amplifying even further BW's threat to human 
existence. The BWC does set a consensually, or at least rhetorically, 
agreed standard of behavior: namely, it has become institutionalized 
into international law, and infractions open the door to enforcement. 
Further verification provisions would do little to enhance our actual 
knowledge of those infractions: they would nevertheless have important 
symbolic value in reaffirming international attachment to the 
principles of the BWC. At minimum it behooves us to exercise creative 
leadership in developing alternative means of bolstering that 
reaffirmation.
    The real problem with the BWC is less verification than it is 
enforcement. We have all but certain knowledge that Saddam Hussein has 
continued Iraq's (grudgingly admitted) BW development program, the main 
sore point in his squabbles with the UN. (We can hardly be certain that 
his nuclear program has not been revitalized, though that would be more 
difficult, and from his perspective possibly redundant.) We have failed 
to convince our allies, much less the diffident ``neutrals'' and 
potential adversaries, that halting Iraq's BW is worth turning their 
back on his oil contracts. To convince them of what is at stake we may 
have to start with elevating the priority we give to the BW threat 
generally. We must also become more knowledgeable about the local 
political and cultural terrain, and more ingenious in the design of 
punitive and compellent sanctions that will persuade Saddam of his 
errors without undue hardship to the Iraqi population that he also 
victimizes! That would carry us further with the international 
consortia in which we have to invest political capital (and not waste 
it in other tangents) to be sure this major threat is quenched. If 
Saddam does develop and effectively use BW even in a purely regional 
context (the most likely), that will not only be a humanistic 
catastrophe; it is unlikely we will ever restore the principle of 
mutual forbearance in resorting to BW.
    Our public diplomacy is predicated on the stated proposition that 
the use of BW is an offense to civilized mankind. That is a major 
accomplishment of the BWC. It needs to be reaffirmed as well in the 
attention we give to our own defense, as well as to our stern responses 
to significant infractions in any quarter.
<bullet> Defensive preparations
    BW threat mitigation is indispensable, so as not to present 
irresistible temptations to mischief makers, for whom interstate 
deterrence is irrelevant. Unlike the aftermath of a nuclear or high 
explosive bombardment, BW attack is amenable to interventions for some 
hours or days after the event, depending on the agent used. With the 
best popularized BW agent, anthrax, at feasible dose levels the 
administration of appropriate antibiotics can protect the majority of 
those exposed. The other side of the coin is the urgency of recognizing 
the syndrome within hours of the earliest symptoms. Biosensors are 
being developed that can be used to confirm suspicions of anthrax. For 
some decades, we will have to rely on early diagnosis of the first 
human (or animal) cases to have the basis for focussing those sensors. 
As a wide list of diseases are in the picture, this entails nothing 
more nor less than reinvigorating our overall public health 
infrastructure. In contrast to the explosive rise of health care 
expenditures--with universal access to ever more technically 
sophisticated health care--public health has been allowed to languish, 
boosted only very recently by public arousal about emerging infections 
and about bioterrorism. That boost entails people and organizational 
structures, but improvement also comes down to money--new money, as 
well as the relabelling of established programs.
    Besides the diagnostics, we need organizational and operational 
doctrines that can confront unprecedented emergencies, we need trained 
people on call, we need physical assets for logistics, isolation, 
decontamination and care. We also need stockpiles of antibiotics and 
vaccines appropriate to the risk--and before that, more careful 
analysis of what kinds and how much we need. We need research on 
treatment modalities--how we manage the care of inhalational anthrax 
with possibly limited supplies of antibiotics (and which kinds?) is not 
that well understood. And still more fundamental research could give us 
sharper tools for diagnosis, and more usable ranges of antibacterial 
and antiviral remedies.
    The organization of government to deal with mass contingencies is a 
vexing and still poorly attended problem. It entails the coordination 
of local, state, and federal assets and jurisdictions; the intersection 
of law enforcement, national security and public health; and a time of 
crisis is not the best venue for quarrels over responsibility and 
authority, over who will pay for it.
<bullet> Deterrence, intelligence and preemption
    Our main bulwark against direct large scale attack is the 
combination of a civic harmony, and firm retaliation against egregious 
transgressors. It is sometimes said, we should not worry about BW 
attacks, ``we'll just `nuke the perps' '' if they dare. Lacking the 
clear provenience of a missile track to finger the aggressor, that puts 
us at the mercy either of bafflement, or worse of calculated 
disinformation as to the source. Good, I have to say better 
intelligence is the key to retaliation, apprehension, and penal 
containment and sanctions. This is technically unfamiliar territory for 
most of the intelligence community; it has nevertheless taken many 
positive steps, but it still has a long way to go, and once again is 
resource-constrained compared to what goes on in the collection and 
analysis against other more familiar threats.
    A related vein of opportunity is found in the realm of cooperative 
threat reduction. Since BW facilities can be so readily reconstituted, 
it is less important in the long run to destroy production facilities, 
even stockpiles, than it is to get toxic technical knowledge diverted 
to constructive purposes. Former weapons scientists in Russia need 
financial as well as moral encouragement to ply a new trade in vaccine 
development and other constructive pursuits. This could benefit Russia, 
and its circle of less developed countries directly, and thus enhance 
security globally. The alternative is for some few of of the ex-
biowarriors to sell their knowledge, and who knows what range of 
horrific bio-strains, to the highest bidders among the rogues. We do 
have very modest programs in place: they should be expanded, not put at 
risk for flimsy excuses as seems to be happening.
<bullet> Primary prevention; our clean hands
    I have already alluded to public diplomacy (starting with firm 
conviction at home) about the priority needed to be applied to averting 
any successful BW attack. We have to be careful to behave ourselves 
fully consistently with abhorrence at the idea of using disease as a 
weapon. Such attributions will be lodged against the U.S. as part of 
general America-bashing (witness the ongoing rumor campaign in Africa 
that the U.S. government had somehow ``invented AIDS''). They will also 
be excuses for continued simmering of the BW pot in other venues.
    A particular dilemma is how to study the BW threats in detail, how 
to develop vaccines and other countermeasures, without attracting such 
accusations. I believe the executive and legislative branches could 
develop models of entrusted transparency for oversight of such 
necessary studies, both for assurance to global publics, and to be 
certain there are no careless projects oblivious to the reputational or 
physical harm they could inflict on our polity.
<bullet> Inspiring global convergence on health as human aim
    The central premise of the BWC is that infectious disease is the 
common enemy of all humankind; and it is a treasonable act to join with 
that enemy.
    Those motives clearly inspired adherence to the BWC, even on the 
part of (smaller, poorer) countries who might otherwise exploit BW to 
level a playing field as against a superpower. Having set aside BW as 
giving small advantage and numerous migraines for our own military 
power, we should count it fortunate that we share those interests and 
conclusions. They can only be bolstered if we internalize that 
ideology, and participate ever more fully in global campaigns for 
health. The new funds for the scourges of AIDS, malaria, and 
tuberculosis are right on the mark! Their levels to date are just 
tokens--yes compare them to military hardware!--but certainly in the 
right direction, and it's just about time we assumed leadership of that 
vector among the nations cooperating with the WHO to bolster global 
systems of surveillance of disease and coping with outbreaks that 
promise to threaten all of us.
    Besides the global humanitarian, political and economic virtues of 
this newfound direction, there are good selfish motives as well. What 
would it pay for us to invest to reduce the likelihood that another 
AIDS will emerge from a distant continent, and cross the oceans to vex 
us at home. There will be no stopping the birds, nor the frequent 
flyers, from disseminating ever more novel risks needing that global 
surveillance. I do not count West Nile virus as a likely major scourge, 
but it is just one more exemplary warning!

                  Table 1--Germs as Arms: Basic Issues

_______________________________________________________________________
BW vs. CW: living germs vs. chemicals
      might spread; unstable; self-amplify

Underlying science is unalterably dual use
      licit defensive exploration
      targetted against natural disease

Likewise production up to point of weaponization
      vaccines vs. BW agents?

Facilities moderate scale; few external signatures
      easily concealed or masked by licit programs

Weapons: potent, but unfamiliar and unreliable in military context

Tactical defense is easy: physical barriers (masks, suits)

Latent period up to 36 hours. Disease may be treatable
      Hence focus on civil health preparedness

Hardly understood until now, these are strategic weapons.
      . . . At same time, accessible to small powers . . . or groups
      Seen as answer to a Superpower self confident about the 
``revolution in military

    affairs''.

Capabilities can scarcely be denied
      remedial and intelligence focus on intentions
_______________________________________________________________________
                                 ______
                                 

            Statement Submitted by John J. Mekalanos, Ph.D.

    Dear Honorable Committee Members:
    Thank you for inviting me to comment on the related issues of 
biological terrorism and the threat of emerging infectious diseases to 
the security of the United States. I feel qualified to speak on these 
topics because of my scientific background. In brief, I have over 27 
years of experience in infectious disease research and currently serve 
as Professor and Chairman of the Department of Microbiology and 
Molecular Genetics at Harvard Medical School. Our Department consists 
of a group of outstanding investigators dedicated to understanding and 
controlling bacterial and viral diseases.
    Although awareness of the dangers posed by biological warfare (BW) 
has increased significantly in recent years, it is my belief that we 
are still far from prepared to contend with a biological weapons 
attack. There are many reasons for this, and numerous analyses over the 
past few years have examined the issues carefully. This letter is 
intended to provide a brief overview of the scientific aspects of 
biological weapons development, as perceived from the point of view of 
microbiological research. I also want to emphasize that many of my 
comments about BW threats also apply broadly to threats that we face 
from nature. We have seen numerous examples of this recently: a new 
highly lethal strain of flu virus, a mysterious prion, multidrug-
resistant tuberculosis, HIV, and malaria. Obviously, we are and will 
continue to be under constant assault by emerging microbes whose origin 
may be natural but whose spread to the U.S. will take full advantage of 
modern modes of travel, new human activities, and increased population 
density.
    To begin with, biological weapons are comparatively inexpensive and 
simple to manufacture. They are therefore accessible and attractive to 
those that lack sufficient means to pursue costlier weapons programs. 
One estimate suggests that a significant biological arsenal could be 
produced with as little as $10,000 worth of equipment, though other 
studies have questioned the potential lethality of material produced by 
such rudimentary operations. Construction of the most sophisticated BW 
agents would indeed require significant scientific skills and 
equipment. However, the fact remains that the production of biological 
weapons is not as limited by technical expertise as that of other 
weapons. For example, it is fairly easy to introduce new antibiotic 
resistance genes into bacteria. This does not require extensive 
technical training, and the relevant methods and materials are widely 
available from even commercial vendors. Because the medical community 
is already struggling with the appearance of multi-antibiotic 
resistant, clinically important microbes, even a simple genetic 
manipulation such as transferring a single critical antibiotic 
resistance gene into a single pathogen could have extremely serious 
consequences.
    As far as initial acquisition of pathogens by unscrupulous parties 
is concerned, it would not be exceptionally difficult to obtain 
pathogenic strains. Microbial samples are transferred between labs on a 
daily basis in the normal course of biomedical or pharmaceutical 
research. It is fortunately not so simple for unauthorized personnel to 
acquire highly pathogenic strains, as traffic in these is regulated 
carefully, but it is certainly possible for determined individuals to 
acquire less virulent strains by fraudulent means or theft. These 
strains could then be genetically modified to increase their 
pathogenicity, though this would probably require a higher level of 
scientific training as well as a longer period of development. Efforts 
along these lines were vigorously pursued in the former Soviet Union, 
and since its dissolution, their experts have likely been recruited to 
a variety of rogue states that openly threaten the U.S. and its allies.
    Biological research activity is currently growing at a tremendous 
rate, and although the potential contribution to human welfare is 
enormous, it is simultaneously providing additional tools that could be 
used for the construction and delivery of more powerful pathogens. Much 
of the information that is being generated by biological researchers is 
publicly available, either in print or via the Internet. The ease with 
which any individual can access data relevant to the genetic 
engineering of pathogenic organisms can only be expected to increase in 
the future.
    Although the Biological and Toxin Weapons Convention of 1972 was 
ratified by 140 countries, there is no real mechanism for verifying 
compliance. Monitoring is particularly difficult since many of the 
components of a biological weapons program can also be used in fully 
legitimate pursuits. Apparatus employed in the manufacture of food 
products such as yogurt or beer could be used to grow pathogenic 
cultures, and yet it hardly seems practical to apply the same stringent 
restrictions to beer fermenting equipment as to material that is of 
demonstrable military sensitivity (e.g., explosives or nuclear 
technology). It is useful in this situation to recall the much-
discussed bombing of a baby milk factory in Iraq during the 1990-91 
Gulf War. The facility was destroyed because it was suspected of 
producing biological weapons. I personally am not able to judge whether 
this facility made baby formula or biological weapons components at any 
point in time, but this illustrates the potential for confusion.
    The conclusion is that it is certainly possible for small nations 
or terrorist groups secretly to amass sufficient material to present a 
biological threat, although the seriousness of the threat would depend 
on the exact circumstances.
    I think it is important at this time to point out that the results 
of biological manipulation are sometimes difficult to predict, even for 
highly trained professional scientists. Less than a year ago, 
Australian researchers seeking to develop a biological contraceptive to 
combat rodent infestation, inadvertently created a strain of mousepox 
that was more virulent than the original parent strain. Considering 
that this occurred in the context of perfectly well-intentioned 
research that was intended to benefit humans, we would do well to 
remember that the law of unintended consequences also applies to 
malefactors. The chances of unwittingly creating a ``super-pathogen'' 
will only be increased by deliberate attempts to enhance an organism's 
pathogenic potential, and there is no assurance whatsoever that even 
the producers of such an agent would be able to control it.
    Next, I will mention briefly what can be done to combat biological 
warfare. Measures necessary for countering biological attacks can be 
divided into several categories: surveillance and early warning 
systems, treatment, and prevention. In this letter, discussion of 
prevention will deal only with biological considerations such as 
vaccine development and usage, since military concerns do not lie 
within my area of expertise. I will also leave aside consideration of 
pathogens that target agriculture, focusing instead on those that 
affect humans directly.
    Clinical surveillance and early warning measures are critical not 
only because timely treatment of affected individuals often means the 
difference between life and death, but also because infection must be 
prevented from spreading to other individuals and regions. Depending on 
the actual agent employed, the impact of a biological weapon can extend 
far beyond the initial point of attack. This is especially true with 
highly communicable agents (e.g., smallpox), but it applies to all 
infectious agents that demonstrate a delayed onset of symptoms. Victims 
may not know that they are infected and so not seek treatment or take 
precautions against spreading the disease to others. Unfortunately, it 
may be extremely difficult to detect an attack. Unlike nuclear or 
chemical weapons, the delivery of biological agents need not be 
accompanied by telltale explosions and could be quite stealthy. The 
initial symptoms of bioweapons infections are often nonspecific, and 
anthrax and smallpox are so rare in the U.S. that the majority of 
physicians might not recognize even the characteristic symptoms of 
these diseases. In addition, current systems for reporting cases of 
infectious disease would likely not uncover the presence of a covert 
attack before significant damage had occurred.
    Treatment of BW victims typically consists of antibiotic or vaccine 
therapy and supportive care. Obviously, this requires an adequate 
supply of effective drugs and appropriate clinical facilities. In this 
respect also, the U.S. is poorly prepared. Not only are there serious 
logistical questions regarding distribution of drugs and supplies in a 
crisis situation, but studies of U.S. hospital facilities have 
concluded that there is significant pressure with regard to space and 
staff. While this may not result in serious problems under typical 
conditions, hospitals clearly cannot cope with epidemics.
    Of all possible treatment strategies, preventive vaccines often 
offer the most advantages. Since they can be administered in advance of 
infection, and immunity may be long-lived, vaccines can to a great 
extent alleviate the need for rapid diagnosis and administration of 
therapeutic agents. Vaccines have certifiably saved millions of lives 
and account for some of our greatest medical successes. Nevertheless, 
preventive vaccines are not available for all diseases, and those that 
are available may suffer from a variety of problems. For example, the 
current anthrax vaccine must be administered in 6 doses over 18 months, 
with annual boosters for prolonged protection. In this case, 
development of immunity is slow and logistically complex. In addition, 
there are insufficient quantities of existing vaccines. Recent reports 
have described the rapid diminution of U.S. anthrax vaccine stocks, as 
well as the delays and difficulties associated with obtaining more. It 
has been estimated that the worldwide supply of smallpox vaccine is 
only 60 million doses, and there is currently no facility for smallpox 
vaccine production.
    For these reasons, my opinion is that the U.S. medical 
infrastructure is regrettably inadequate for dealing with biological 
warfare.
    Finally, I would like to call attention to the fact that the 
legitimate development of therapies against biological agents is 
extremely time-consuming. With any new medical treatment, exacting 
rules are required to ensure safety and efficacy. This is absolutely 
necessary and desirable, but those who intend to use biological weapons 
offensively are of course not similarly constrained. This is not in any 
way to argue against existing or future regulations regarding research, 
but merely to emphasize the fact that offensive strategies are simpler 
to develop than therapeutic or preventive ones. While exciting new 
therapeutic approaches for treating infection by some of the more 
important BW agents have been recently described, funding for their 
development has been inadequate. This is in part because the usual 
incentives that motivate the pharmaceutical industry are in many cases 
lacking for such products. We have therefore all the more reason to 
press forward on all fronts to provide adequate funding and resources 
for all types of defensive measures against biological warfare and 
infectious disease threats.
    It is always far easier to cause harm than to prevent or treat it. 
This is particularly well illustrated by the issues at hand. Throughout 
human history, some of our finest and most impassioned efforts have 
been devoted to the eradication of infectious disease. We have had many 
brilliant successes, and yet infectious disease still accounts for 
millions of deaths worldwide. Many of these occur in wealthy, 
industrialized nations that possess the most advanced medical 
infrastructures ever developed. Due to multi-drug resistance and the 
emergence of new pathogens, plus the logistics of clinical treatment, 
we are already facing difficult problems whose existence is 
attributable solely to natural processes. How much more frightening is 
it to contemplate the situations that may arise if conscious effort is 
directed towards using infectious agents, which we have spent centuries 
combating, for the dark purposes of mass destruction? Our hard-won 
understanding of pathogens is helping us to meet the challenges of 
infectious disease, but it can easily be overwhelmed under 
circumstances that are alarmingly possible. We must always be vigilant 
regarding all aspects of biological weapons development and the threat 
posed by infectious diseases, or we will certainly be punished by the 
direst of consequences.

    The Chairman. In another point of personal privilege, and 
I'll have more to say at an appropriate time, but I want to say 
a brief word about an announcement made by Senator Helms just 
last month.
    Jesse, I know I speak for the members of this committee and 
all whom have ever worked with you that we know there's another 
15 months fortunately we are going to get to work together, but 
that assuming, and I am speaking only for myself and I'm back 
here, and that's not at all certain whether my constituency 
will decide that that is going to happen, it will be a very 
different place, a less friendly place, and a less 
accommodating place without you being here.
    I have truly enjoyed working with you. I think it's been to 
the surprise and to some chagrin of your supporters and mine 
that we have such a close personal friendship. I remember 
telling the press when I chose to take over the ranking 
position on this committee for the Democratic Party and leaving 
Judiciary in that position, that you and I will get along very 
well.
    And the press, both national and local, were incredulous. 
They thought that was not possible. Not only did we know it was 
possible, we had done it for 26 years prior to that. And I'm 
happy of one thing, Jesse, and that is all those who follow 
politics can see that we can disagree in this place without 
being disagreeable. You have been one of my close friends. You 
continue to be.
    And I'm truly going to miss, assuming that I am back, I'm 
truly going to miss having you as a colleague.
    Senator Helms. Mr. Chairman, thank you. And I feel the same 
way about you. And I just take a note there are three members 
of the Class of 1972 here today: You and Sam Nunn and I. We are 
glad to see you, Sam.
    Well, anybody who might draw the foolish conclusion that 
this is a routine hearing maybe got a wake-up call with an item 
hidden on page umpteen of the paper the other day about Russia 
developing a new anthrax virus for possible delivery to other 
nations.
    Mr. Chairman, I'm grateful, therefore, for your having 
scheduled this hearing this morning. It's very important; 
because the threat of bioterrorism is very real, and it is 
growing as is evident by the things we have seen almost every 
day.
    This threat is driven by the increasing capabilities and 
the violent intentions of rogue states and terrorist groups 
seeking to harm the United States or to make themselves able to 
do so.
    Now, the sooner this very real peril is recognized, the 
sooner we can begin to deal with it in a more direct and 
deliberate way. These issues are of enormous importance.
    How the United States prepares to deal with the 
consequences of an attack employing deadly viruses and toxins 
would impact countless thousands and possibly millions of 
lives. And planning for such catastrophe is obviously an 
essential government responsibility.
    However, I would much prefer to prevent and defend against 
the threat in the first place rather than to have to deal with 
the chaos and the death and destruction after the fact. And I 
know that is a common feeling among all of us.
    A bioterrorism attack can be prevented, but it requires 
strong export control and nonproliferation regimes. Both are 
essential to ensure that terrorist groups and rogue states 
cannot acquire the technology and the know-how to build and 
deliver these horrible weapons so dangerous to the United 
States.
    For that reason I am disappointed that the Senate is now 
considering the Export Administration Act, legislation designed 
to liberalize our national security export controls. That will 
obviously do great harm to our national security by assisting 
countries like Communist China to modernize their military, 
improve their strategic capabilities, and facilitate the 
dangerous proliferation of ballistic missile and other weapons 
of mass destruction technologies to rogue nations be it Iraq, 
Iran, North Korea or whomever.
    It is important that we never lose sight of the fact that 
the United States and our allies can prevent a bioterrorism 
attack with a robust missile defense system. I may be a voice 
crying in the political wilderness about this, but I firmly 
believe it.
    A missile defense system can provide three benefits. No. 1, 
it can deter rogue nations from building ballistic missiles 
capable of delivering weapons of mass destruction; No. 2, it 
can prevent rogue nations from threatening the United States 
and/or our allies; and, No. 3, it can shoot down these missiles 
if they are ever used against the United States or our allies.
    Iran, Iraq and North Korea are among many others that are 
building long-range missiles. A report this past January by the 
National Intelligence Council indicated that these same nations 
are also actively pursuing biological warfare capabilities.
    Some have already weaponized these deadly pathogens and 
placed them in missile warheads. They are doing all of this to 
threaten and to blackmail and to intimidate the United States 
and our allies by exploiting our greatest vulnerability--which 
is our lack of ballistic missile defense.
    Now, Mr. Chairman and members of the committee and those 
listening elsewhere, we must avoid the false choices that are 
so often presented to policymakers, for example that some of 
these threats are more likely than others and therefore that 
they demand the lion's share of resources. I disagree with 
that.
    When it comes to America's security, we must be prepared to 
deal with all threats. We must not continue to spend nearly $10 
billion a year to combat terrorism and defend against weapons 
of mass destruction while we are spending far less annually on 
a national missile defense.
    To this end I'm convinced that the Bush administration's 
decision to spend more on missile defense is the right decision 
and that Congress should unhesitatingly support this decision. 
The American people I think expect no less and would surely ask 
embarrassing questions in the aftermath of an attack, if the 
people were to discover that their government had had the means 
in the first place to defend them but did not choose to do so.
    I'm grateful to our witnesses for being here today. And I 
look forward to their testimony. Thank you, Mr. Chairman.
    The Chairman. Thank you very much. What we'll do is we'll 
start off. Hopefully we'll be able to have more than one quick 
round but with 7-minute rounds see if we can get through 
everyone first and ask questions. Because everyone is anxious 
to hear what you have to say.
    Senator Nunn, the floor is yours, and welcome back.

   STATEMENT OF HON. SAM NUNN, CO-CHAIR AND CHIEF EXECUTIVE 
       OFFICER, NUCLEAR THREAT INITIATIVE, WASHINGTON, DC

    Senator Nunn. Thank you very much, Mr. Chairman. Senator 
Helms, let me join Senator Biden in thanking you for your 
service to the United States Senate and to our country. It was 
a great pleasure for me to be elected at the same time as you 
and Senator Biden were, and when I look around the committee 
and I see relative newcomers, like Senator Dick Lugar, it 
reminds me of the Class of 1972.
    In a matter of interest, Jim Woolsey, my companion here at 
the table was the General Counsel of the Armed Services 
Committee when I arrived. So really we have four of us here 
that were there at that stage. Of course it's a great pleasure 
for me to be before this committee and come back to an 
institution that I truly love and have spent a great deal of my 
life in.
    So to you and Senator Biden and Senator Lugar and Senator 
Hagel and Senator Boxer, thank you for having us and thank you 
for focusing on this very important subject.
    The Chairman. I don't understand why you didn't thank 
Senator Rockefeller. He's in a different county down there.
    Senator Nunn. I see him. He's down at the end. A man with 
that much wisdom I thought would be closer to the front of the 
table.
    But Senator Helms, I know how hard it is to decide to leave 
voluntarily. I'm sure that you have been through a lot of your 
thinking. But my very best to you and your whole family.
    Senator Helms. Thank you, Senator.
    Senator Nunn. Biological terrorism, Mr. Chairman, is one of 
our greatest national security threats--one that cannot be 
addressed by the Department of Defense standard operating 
procedures. The specter of a biological weapons attack and the 
parallel peacetime threat of a naturally occurring infectious 
disease outbreak--I want to emphasize that these two go 
together.
    The things we need to do to protect against bioterrorism 
are also things we need to do with our public health system, 
even if we never have a bioterrorist attack.
    These are unique challenges and they deserve the time and 
focus you are devoting to them today.
    Mr. Chairman, Senator Helms, members of the committee, as 
you may know this past June at Andrews Air Force Base I was a 
participant in the exercise ``Dark Winter'' which simulated a 
biological weapons attack on the United States. It's a lucky 
thing for the United States that this was just a test and not a 
real emergency.
    Mr. Chairman, members of the committee, our lack of 
preparation is a real emergency from my perspective. I think my 
colleague Jim Woolsey will agree with that.
    ``Dark Winter'' simulated a series of national security 
meetings dealing with a terrorist attack involving the covert 
release of smallpox in three American cities. The exercise was 
conducted by the Center for Strategic and International 
Studies, the Johns Hopkins Center for Civilian Biodefense 
Studies, and the ANSER Institute for Homeland Defense, under 
the leadership of John Hamre, Tara O'Toole and Randy Larsen, 
respectively.
    Many of the participants in ``Dark Winter'' had served 
previous Presidents in cabinet or sub-cabinet positions. And 
most knew how the NSC, the National Security Council, worked. 
They were all individuals with considerable experience and 
perspective in either the security field, law enforcement field 
or the health field or the emergency field.
    I will not take the committee's time with charts. I planned 
to do that at one time but then I started looking at the time 
and I know we want the time to discuss the conclusions. I 
decided to just try to briefly summarize this but the charts 
and CD-ROM are available. And I'll just cover the highlights 
this morning.
    In the opening minutes of ``Dark Winter,'' we learned from 
the Secretary of Health and Human Services that cases of 
smallpox had been diagnosed by the Center for Disease Control. 
Given the infectious nature of the disease, we were facing the 
start of a smallpox epidemic, an event with devastating, if not 
catastrophic potential.
    Like all of you, I received a smallpox vaccination when I 
was a child. But I had forgotten the horror of the disease. In 
the 20th century, more than 300 million people died from 
smallpox; more than those killed in all the wars of the century 
combined, which is an astounding figure.
    Thanks to a massive and highly collaborative international 
health campaign, smallpox as a naturally occurring disease was 
eradicated. But once eradicated, the consequences of an 
outbreak of smallpox today are more dangerous because each 
passing year brings generations of unvaccinated citizens and 
also citizens who have been vaccinated whose vaccinations have 
worn off, which would probably include all of us. So the 
potency of the previous vaccinations have diminished with time.
    Unfortunately, we know that smallpox was made into a weapon 
by the Soviet Union. What we don't know is whether other 
nations or groups either derived some smallpox from the Soviet 
Union or whether they have pursued a similar goal with success. 
And this should be a matter of keen intelligence focused by 
this committee as well as other committees.
    Over a 24-hour period at Andrews Air Force Base, our 
National Security Council ``war gamers'' dealt with 3 weeks of 
simulated shock, stress and horror. I was given the role of 
President of the United States, and I wouldn't describe it in 
this case as being an honor.
    Jim Woolsey was my Director of Central Intelligence. I'm 
sure he was frustrated too. I said to Jim several times that 
what I got from him in that 18-hour period was an awful lot of 
opinion and not one damn bit of intelligence. Nevertheless, he 
did the best he could with the circumstances we had.
    We learned that on December 9, 2002, some dozen patients 
reported to the Oklahoma City Hospital with a strange illness 
confirmed quickly by the CDC to be smallpox. While we only knew 
about the Oklahoma cases the first day, we later learned the 
scope of the initial infections and the sites of three 
simultaneous attacks in shopping centers in Oklahoma, Georgia, 
as well as Pennsylvania.
    The initial infection quickly spread to five states and 
three thousand victims, although most infected individuals had 
not displayed symptoms or gone to the hospital in the first few 
days. And we did not know at that time how many had been 
infected.
    We didn't know how many. We didn't know how, how many there 
were. We didn't know where they were. We didn't know who they 
were. We did know that probably many people had been infected.
    We quickly learned we had only two tools available to deal 
with a smallpox attack: vaccination and isolation. And we had 
only enough vaccine for 1 out of every 23 Americans, which is 
the state today.
    At the very beginning of the National Security Council 
meeting, I denied the Secretary of Defense's adamant demand 
that all 2.3 million U.S. military personnel be immediately 
vaccinated wherever they were in the world.
    Instead, we administered the vaccine to U.S. military, 
including the National Guard and security and medical personnel 
who were on the front lines locally, and who also were in areas 
of the world where a smallpox attack was most likely to occur.
    We could not allow all the vaccine to go to the military 
right off the bat, or at least 2.3 million which would be 
probably one fourth, one third of the total supply, because the 
front line shifted. It wasn't the battlefield. It was back 
home.
    The troops that were engaged were most of all medical 
personnel whether they were local or whether they were military 
or whether they were shipped in on emergency from around the 
country or the world.
    Our initial decision was to use our limited supply of 
vaccine to protect health care workers, local police and fire 
officials, National Guard on the scene and local, state and 
federal officials who were in the line of fire.
    We also devised a strategy to try and put a firewall around 
the infections that were being reported. But that strategy was 
largely ineffective because of the rapid spread of the disease. 
Because we didn't know where it had spread, where they were, 
and because we had a very limited supply of vaccine. If you had 
enough vaccine, you could put fire breaks around every 
suspicious area.
    The Chairman. Senator, would you for the record indicate if 
you can how the disease is spread?
    Senator Nunn. It's spread from person to person.
    The Chairman. Physical contact?
    Senator Nunn. The health experts tell me that you 
basically--through breathing. Doesn't have to be direct 
contact, in close proximity. And the health officials tell me 
that until you actually show some signs, you can't really 
spread the disease. But showing signs, a lot of people confuse 
it with other things so they don't know they have got it to 
begin with.
    The Chairman. Thank you.
    Senator Nunn. On the first night of decisionmaking, Mr. 
Chairman, we designed a vaccination strategy. And we ordered 
accelerated production of new stock. We ordered it on an 
emergency basis.
    We asked the Secretary of State to call his counterparts 
around the globe and try to find supplies in other countries 
and began to feel other countries out about whether they would 
engage with us in trying to stop the disease before it spread 
all over the world.
    I will skip the agonizing details now and get on to the 
conclusions. On day 6 of the crisis, we had very little vaccine 
left. We quickly faced the only alternative, forced isolation, 
with large numbers of exposed citizens whose locations and 
identities remained guesswork. We were down to really tough 
questions.
    Do we force whole communities and cities to stay in their 
homes? How? With force? How much force? Does it include lethal 
force? Do we physically prevent citizens in high risk areas 
from fleeing their communities with their children even though 
they themselves may already be infected?
    Who provides food and care for those in forced isolation, 
particularly when we can no longer provide vaccine to the 
essential providers? Who's going to make the health care people 
show up when you don't have any vaccine for them and for their 
families?
    On day 12 when our war game ended and my brief tenure as 
President concluded, we were beginning the next stage of the 
epidemic, those who caught smallpox from the original 3,000 
people who were infected in the initial terrorist attack. Our 
health experts told us that every 2 to 3 weeks the number of 
cases would increase ten-fold.
    To give you a glimpse of how the exercise ended, here are a 
few highlights from a simulated CNN broadcast quoting that.

          On day 12 of the worst public health crisis in 
        America's history, demonstrations for more vaccine in 
        hard-hit communities disintegrated into riots and 
        looting around the nation. Interstate commerce has 
        stopped in several regions of the nation. A suspension 
        of trading on America's stock exchanges takes effect 
        tomorrow. International commerce with the United States 
        has virtually ceased. The Centers for Disease Control 
        reports that efforts to stem the smallpox epidemic have 
        depleted America's inventory of smallpox vaccine. While 
        the CDC may be out of vaccine, at least 45 Internet Web 
        sites are offering what they claim are safe, effective 
        vaccines from previously forgotten stocks. These claims 
        have not, repeat not, been independently verified, and 
        authorities urge serious caution.
          At least 25 more states and 10 foreign countries are 
        reporting smallpox infections. At the United Nations, 
        China has sponsored a resolution to censure the United 
        States, blaming America for reintroducing smallpox to 
        the world. It is demanding that the United States 
        supply the world with vaccine.

    I could go on and on, Mr. Chairman, but that I think 
captures the essence of what we were faced with. In summary, I 
determined from that experience that public health has become a 
national security issue and that we are unprepared.
    We were out of vaccine. We were discussing martial law. 
Interstate commerce was eroding rapidly. The members of our 
simulated NSC, as well as state and local officials, were 
desperate.
    We came to realize too late that our country had not 
produced sufficient vaccine; had not prepared top officials to 
cope with this new type of security crisis; had not invested 
adequately in the planning and exercises absolutely necessary 
for coordinated response; had not ensured that the public 
health infrastructure was adequate, with built-in surge 
capacity; had not educated the American people on developed 
strategies to constructively engage the media in educating the 
public about what was happening and what they could do to 
protect their families; had not practiced what few plans there 
were in place; had not ranked biological terrorism or 
infectious diseases as high national priorities.
    Before I detail the lessons learned in this particular 
exercise, we should keep in mind that the results of biological 
effect would vary greatly according to the specific agent used. 
Technology and training for early recognition of the type of 
pathogen, that kind of training and technology is absolutely 
essential and must be a high priority.
    This exercise gave us valuable lessons about a possible 
smallpox attack. The circumstances would be very different in 
the case of an anthrax attack. In the event of an attack using 
anthrax, vaccination and isolation would not be the tools, but 
antibiotics would need to be administered on the scene and in 
large quantities immediately.
    For the participants, the ``Dark Winter'' exercise 
instilled in all of us that there is much work to be done and 
needs to be done quickly.
    Number 1, clearly measures that will deter or prevent 
bioterrorism are the most cost-effective means to counter 
threats to public health and social order. We need to prevent 
the proliferation of biological weapons in part by 
strengthening intelligence-gathering against such threats, but 
also by providing peaceful research options to scientists in 
the former Soviet Union who know how to make these pathogens 
and who have had plenty of experience making these pathogens 
but don't know how they are going to feed their children today 
with legitimate enterprises.
    Two, we need to focus more attention, concern and resources 
on the specific threat of bioterrorism, understanding that it 
is different from the other threats we face. Biological weapons 
must be countered with new protocols for securing dangerous 
pathogens with increased vigilance and surveillance, as well as 
with increased supplies of medicines and vaccines and 
significantly increased training.
    Three, we need to recognize the central role of public 
health and medicine in this effort and engage those 
professionals fully as partners on the national security team. 
We must act on the understanding that public health is an 
important pillar in our national security framework.
    Four, we need to identify and put into practice the 
mechanisms by which all levels of government will interact and 
work together. It is critical that we understand our differing 
roles, responsibilities, capabilities and authorities, and plan 
on how we will work together before an act of terrorism occurs. 
I must add that Governor Frank Keating of Oklahoma was part of 
this exercise. I think he will strongly echo that from a state 
government and a local government point of view. He made a very 
valuable contribution.
    Five, we need to reexamine and modernize the legal 
framework for epidemic control measures and the appropriate 
balance with civil liberties. Mr. Chairman, your reminder on 
posse comitatus is right down that line because there would be 
all sorts of questions this society has not faced, at least in 
modern times.
    Six, there should be a clear plan for providing the news 
media with timely and accurate information to help save lives 
and prevent panic.
    Seven, we need to increase the core capabilities of our 
public health system to detect, track and contain epidemics by 
providing resources for effective surveillance systems, 
diagnostic laboratory facilities, and communication links to 
other elements of the response effort here and abroad.
    Eight, the national pharmaceutical stockpile must be built 
to capacity, including extra production capability for drugs 
and vaccines, with heightened security at various dispersal 
sites. We must not fall victim to a twin attack that releases a 
bioagent and simultaneously destroys our key drugs and vaccine 
supplies.
    Nine, we need to develop plans for a surge of patients in 
the nation's hospitals to make the best use of existing 
resources in the event of an emergency.
    Ten, we need to increase funding for biomedical research to 
develop new vaccines, new therapeutic drugs and new rapid 
diagnostic tests for bioweapon agents.
    Eleven, we need to encourage the scientific community to 
confront the sinister potential of modern biological research, 
and help them devise systems and practices that ensure the 
safe, secure storage of and access to dangerous pathogens.
    Twelve, officials at highest levels of the Federal, state, 
and local government need to participate in exercises like this 
one to understand the importance of advanced not only planning 
but preparation. Plans must be exercised, evaluated and 
understood by decisionmakers if they are to prove useful in a 
time of crisis.
    Mr. Chairman, finally, I have a new role now that relates 
to what we call the Nuclear Threat Initiative (NTI). It's a new 
foundation funded by Ted Turner very generously and headed by a 
board of experienced people including Senator Lugar among 
others.
    We are trying to encourage and help our government to 
deter, prevent and defend against biological terrorism. That's 
a central part of our mission as well as the nuclear side of it 
and the chemical side of it.
    We are dedicated to reducing the global threat from 
biological, nuclear, and chemical weapons by increasing public 
awareness, encouraging dialogue, catalyzing action, promoting 
new thinking about these dangers in this country and around the 
globe.
    We fully recognize that only our government can provide the 
leadership and resources to achieve our security and health 
priorities. But within that context, NTI is seeking ways to 
reduce the threat from biological weapons and their 
consequences; exploring ways to increase education, awareness 
and communication among public health experts, medical 
professions, and scientists, as well as among policymakers and 
elected officials.
    We are considering ways to improve infectious disease 
surveillance around the globe, including rapid and effective 
detection, investigation, and response.
    This is a fundamental defense against any infectious 
disease threat, whether it occurs naturally or is released 
deliberately, stimulating and supporting the scientific 
community in its efforts to limit inappropriate access to 
dangerous pathogens and to establish standards that will help 
prevent the development and spread of biological agents as 
weapons.
    NTI is searching for ways to help our Government and the 
Russian Government to facilitate the conversion of Russian 
bioweapons facilities and know-how to peaceful purposes, and to 
improve security of dangerous pathogens worldwide. And I know 
that my colleague and partner Senator Lugar can well identify 
with that because he has been right out in front in that 
effort.
    Finally, Mr. Chairman, in concluding, enemies don't 
normally attack us where we are strong; they target us where we 
are weak. Enemies of the United States are not eager to engage 
us militarily. They saw what happened in Desert Storm and other 
conflicts in recent years, and they know the awesome 
capabilities we have.
    They will, however, attack us where they believe we are 
vulnerable. Today, we are vulnerable to biological terrorism. 
Those who perpetuate such an act are not likely to be quickly 
identified or leave a return address. I emphasize that. That 
makes a huge difference in terms of the incentives of the game.
    It is critical that we prepare with all possible speed; 
because if an attack occurs and succeeds, there will be others. 
Preparing is deterring. Our first priority, as Senator Helms 
mentioned, must be prevention.
    Whether the enemy achieves its objectives in an attack that 
may take place depends to a large extent on how the American 
people respond. Panic in our citizens would be just as great a 
danger as the disease itself.
    Some citizens will respond like saints, doing whatever they 
can to meet the needs of their family as well as consider the 
community. Others will respond with panic, perhaps even using 
violence to obtain vaccines and drugs or try to protect 
themselves or their loved ones at the expense of others.
    How most of our citizens will respond will depend largely 
on what they hear from the President and their elected leaders, 
and how they see our Government respond. This means we must be 
prepared.
    Thank you.
    [The prepared statement of Senator Nunn follows:]

                  Prepared Statement of Hon. Sam Nunn

    Chairman Biden and members of the committee, it is a privilege and 
honor for me to come back to the United States Senate where I spent so 
much of my life. I thank you for dedicating the first of these hearings 
to the threats of bioterrorism and the spread of infectious diseases. 
Biological terrorism is one of our greatest national security threats, 
and one that cannot be addressed by Department of Defense standard 
operating procedures. The specter of a biological weapons attack--and 
the parallel peacetime threat of a naturally occurring infectious 
disease outbreak--are unique, and they deserve the time and focus you 
are devoting to them today.
    Mr. Chairman and members of the committee, as you may know, this 
past June at Andrews Air Force Base, I was a participant in the 
exercise Dark Winter--which simulated a biological weapons attack on 
the United States. It's a lucky thing for the United States that this 
was just a test and not a real emergency. But, Mr. Chairman and members 
of the committee, our lack of preparation is a real emergency.
    During my 24 years on the Senate Armed Services Committee, I saw 
scenarios and satellite photos and Pentagon plans for most any category 
of threat you can imagine. But a biological weapons attack on the 
United States fits no existing category of security threats. 
Psychologist Abraham Maslow once wrote: ``When all you have is a 
hammer, everything starts to look like a nail.'' This is not a nail; 
it's different from other security threats; and to fight it, we need a 
different set of tools than the ones we've been using.
    Our exercise involved an intentional release of smallpox. Experts 
today believe that a single case of smallpox anywhere in the world 
would constitute a global medical emergency. As Members of this 
committee know, a wave of smallpox was touched off in Yugoslavia in 
1972 by a single infected individual. The epidemic was stopped in its 
fourth wave by quarantines, aggressive police and military measures, 
and 18 million emergency vaccinations to protect a population of 21 
million that was already highly vaccinated.
    Mr. Chairman, we have effectively only 12 million doses of vaccine 
in America to protect a highly vulnerable population of 275 million 
that is essentially not vaccinated. The Yugoslavia crisis mushroomed 
from one case; our Dark Winter exercise began with 20 confirmed cases 
in Oklahoma City, 30 suspected cases spread out in Oklahoma, Georgia, 
and Pennsylvania, and countless more cases of individuals who were 
infected but didn't know it. We did not know the time, place or size of 
the release, so we had no way of judging the magnitude of the crisis. 
All we knew was that we had a big problem and a small range of 
responses. One certainty was that it would get worse before it would 
get better. Our medical experts told us that we had only two strategies 
for effective smallpox containment: (1) isolating those who are sick, 
and (2) vaccinating those who have been exposed. Isolation is difficult 
when you're not sure who has it; vaccination cannot stop the spread if 
you don't have enough of it.
                          dark winter overview
    Dark Winter simulated a series of National Security Council (NSC) 
meetings dealing with a terrorist attack involving the covert release 
of smallpox in three American cities. The exercise was conducted by the 
Center for Strategic and International Studies, the Johns Hopkins 
Center for Civilian Biodefense Studies, and the ANSER Institute for 
Homeland Defense, under the leadership of John Hamre, Tara O'Toole and 
Randy Larsen, respectively. Many of the participants in Dark Winter had 
served previous Presidents in cabinet or sub-cabinet positions. Most 
knew how the NSC worked, and they were all individuals with 
considerable expertise and perspective in the security, law enforcement 
and health fields.
    I will not take the committee's time with a complete replay of the 
events, but will share with you the highlights.
    In the opening minutes of Dark Winter, we learned from the 
Secretary of Health and Human Services that cases of smallpox had just 
been diagnosed by the Centers for Disease Control. Given the infectious 
nature of the disease, we were facing the start of a smallpox 
epidemic--an event with devastating, if not catastrophic, potential.
    Like all of you, I received a smallpox vaccination when I was a 
child, but I had forgotten the honor of the disease. In the 20th 
century, more than 300 million people died from smallpox--more than 
those killed in all wars of the century combined. Thanks to a massive 
and highly collaborative international campaign, smallpox as a 
naturally occurring disease was eradicated. But once eradicated, the 
consequences of a smallpox outbreak has become more dangerous with each 
passing year as new generations of unvaccinated citizens are born and 
the potency of the previous vaccinations diminishes with time. 
Unfortunately, we know that smallpox was made into a weapon by the 
Soviet Union; we do not know if any other nations or groups have 
successfully pursued a similar goal, and this should be a matter of 
keen intelligence forces.
    Over a 24-hour period at Andrews Air Force Base, our NSC ``war 
gamers'' dealt with three weeks of simulated shock, stress and horror. 
I was given the role of President of the United States, and Jim Woolsey 
was the Director of the Central Intelligence Agency.
    We learned that on December 9, 2002, some dozen patients reported 
to the Oklahoma City Hospital with a strange illness confirmed quickly 
by the CDC to be smallpox. While we only knew about the Oklahoma cases 
the first day, we later learned the scope of the initial infections and 
the sites of three simultaneous attacks in shopping centers in 
Oklahoma, Georgia and Pennsylvania. The initial infection quickly 
spread to five states and 3,000 victims although most infected 
individuals had not displayed symptoms or gone to the hospital in the 
first few days so we did not know who they were or where they were.
    We quickly learned that we had only two tools available to deal 
with a smallpox attack--vaccination and isolation, and we had only 
enough vaccine for one out of every 23 Americans.
    I denied the Secretary of Defense's demand that all 2.3 million of 
U.S. military personnel be immediately vaccinated wherever they were in 
the world. Instead, we administered vaccine to U.S. military, including 
the National Guard, and security and medical service personnel who were 
on the front lines locally and also those who were in areas of the 
world where a smallpox attack was more likely to occur. Our initial 
decision was to use our limited vaccine supply to protect health care 
workers, local police and fire officials, National Guard on the scene 
and local, state and federal officials in the line of fire. We also 
devised a strategy to try and put a firewall around the infections that 
were being reported, but that strategy was largely ineffective because 
of the rapid spread of the disease and our limited supply of vaccine.
    So, on the first night of decision-making, we designed a 
vaccination strategy, and we ordered accelerated production of new 
stock. We asked the Secretary of State to try to find surplus stock 
from other countries. I will skip the agonizing details and get to the 
conclusions.
    On Day Six of the crisis, we had very little vaccine left. We 
quickly faced the only alternative--forced isolation with large numbers 
of exposed citizens whose locations and identities remained guesswork. 
We were down to the really tough questions. Do we force whole 
communities and cities to stay in their homes? How? With force? Do we 
physically prevent citizens in high-risk areas from fleeing their 
communities when they themselves may already be infected? Who provides 
food and care for those in forced isolation, particularly when we can 
no longer provide vaccine to essential providers?
    On Day Twelve, when our war game ended and my brief tenure as 
President concluded, we were beginning the next stage of the epidemic--
those who caught smallpox from the original 3,000 people who were 
infected in the initial terrorist attack. Our health experts told us 
that every two to three weeks the number of cases would increase ten-
fold. To give you a glimpse of how the exercise ended, here are a few 
highlights from a simulated CNN broadcast:

          On Day Twelve of the worst public health crisis in America's 
        history, demonstrations for more vaccine in hard-hit 
        communities disintegrated into riots and looting around the 
        nation. Interstate commerce has stopped in several regions of 
        the nation. A suspension of trading on America's stock 
        exchanges takes effect tomorrow. International commerce with 
        the U.S. has virtually ceased.
          The Centers for Disease Control reports that efforts to stem 
        the smallpox epidemic have depleted America's inventory of 
        smallpox vaccine. While the CDC may be out of vaccine, at least 
        45 Internet websites are offering what they claim are safe, 
        effective vaccines from previously forgotten stocks. These 
        claims have not--repeat not--been independently verified, and 
        authorities urge caution.
          At least 25 more states and 10 foreign countries are 
        reporting smallpox infections. At the United Nations, China has 
        sponsored a resolution to censure the U.S., blaming America for 
        reintroducing smallpox to the world. It is demanding that the 
        U.S. supply the world with vaccine.

    In summary, Mr. Chairman, I determined from our war game that 
public health has become a national security issue, but that we are 
unprepared. We were out of vaccine. We were discussing martial law. 
Interstate commerce was eroding rapidly. The members of our simulated 
NSC, as well as state and local officials, were desperate. We came to 
realize too late that our country:

  <bullet> Had not produced sufficient vaccine.
  <bullet> Had not prepared top officials to cope with this new type of 
        security crisis.
  <bullet> Had not invested adequately in the planning and exercises 
        absolutely necessary for coordinated response.
  <bullet> Had not ensured that the public health infrastructure was 
        adequate, with built in surge capacity.
  <bullet> Had not educated the American people, or developed 
        strategies to constructively engage the media in educating the 
        public, about what was happening and what to do.
  <bullet> Had not practiced what few plans there were in place.
  <bullet> Had not ranked biological terrorism or infectious diseases 
        as high national priorities.
                         dilemmas and insights
    Most participants in our exercise would have been much more in 
their element if we had been dealing with a terrorist bombing. The 
effects of a bomb are bounded in time and place. After the explosion, 
the nation's leadership knows the geography and the extent of the 
damage. You know where to start, and how much it will take to respond 
and rebuild. Smallpox, on the other hand, is a silent, ongoing, 
invisible attack. It is highly contagious, and spreads in a flash--each 
smallpox victim can infect ten to twenty others. It incubates for two 
weeks before physically appearing--it comes in waves.
    The most insidious effect of a biological weapons attack is that it 
can turn Americans against Americans. Once smallpox is released, it is 
not the terrorists anymore who are the threat; our neighbors and family 
members can become the threat. If they've been exposed, they can kill 
you by talking to you. The scene could match the horror of the Biblical 
description in Zechariah (8:10): ``Neither was there any peace to him 
that went out or came in . . . for I set all men every one against his 
neighbour.''
    A biological weapons attack cuts across categories and mocks old 
strategies. For more than two thousand years the most important rule of 
war has been to know your enemy.
    In military language, this means that when you face a battlefield 
scenario, you draw up an order of battle--you estimate the number of 
enemy tanks and planes and troops, their intelligence and logistics 
capabilities, and other resources. A biological weapon, however, is an 
invisible killer. An attack may go unrecognized for days, only becoming 
evident after large numbers of people become sick. In the case of a 
contagious disease, our own people would become the enemy's weapons as 
they transmit the disease to others, creating ever-widening circles of 
exposure.
    Even after you know there has been an attack, there still are few 
reliable numbers--because you don't know who initially released it, how 
much more they have, or where they are. And the usual responses to an 
attack are impossible: ``Engage the enemy; open fire; stop their 
advance; bring out the wounded.'' You can hardly know who is wounded.
    For the participants, this exercise was filled with many such 
horrible dilemmas and unpleasant insights.
    Number one: We have a fragmented and under-funded public health 
system--at the local, state, and federal levels--that does not allow us 
to effectively detect and track disease outbreaks in real time.
    Two: Lab facilities needed to diagnose the disease are inadequately 
supported and laboring with outdated technology.
    Three: There is insufficient partnership and communication across 
federal agencies and among local, state, and federal governments.
    Four: The only way to deal with smallpox is with isolation and 
vaccination, but we don't have enough vaccines, and we don't have 
enough dedicated facilities, resources, or information for effective 
isolation.
    Five: A biological weapons attack will be a local event with 
national implications, and that guarantees tension between local, state 
and national interests. In our exercise, Governor Keating of Oklahoma 
asked for vaccine for every one of his citizens--as he had to in the 
interests of his state. The President said no, as he had to in the 
interests of the nation. Naturally, this demands a high degree of 
advanced planning and coordination, because of the diverging interests, 
and because key players and partners are answerable to different 
leaders.
    Six: Most hospitals run at or near full capacity all the time: a 
surge in patients from smallpox, combined with the inevitable 
infections of hospital personnel, and the flight of some fearful health 
care professionals, would create a catastrophic overload.
    Seven: There will be a dearth of information on this kind of event. 
My staff and cabinet could not tell me ten percent of what I wanted to 
know: ``How many cases are there right now? How many more cases can we 
expect? Will there be more attacks? When and where did the first 
infections take place? Who released it? What's the worst-case scenario? 
Is our vaccine supply secure and safe for use? Will other countries 
loan us emergency vaccine to keep the disease from spreading all over 
the world?
    There are many tradeoffs. One of the biggest: We have 12 million 
vaccines; that's enough for one out of every 23 Americans. How do we 
decide whom to vaccinate?
    Do we take power from the Governors and federalize the National 
Guard? Do we seize hotels and convert them into hospitals? Do we close 
borders and block all travel? What level of force do we use to keep 
someone sick with smallpox in isolation? Do we keep people known or 
thought to be exposed quarantined in their homes? Do we guarantee 2.3 
million doses of vaccine to the military; or do we first cover all 
health care providers? Do we take strong measures that protect health, 
but could undermine public support or destroy the economy?
    Finally: How do you talk to the public in a way that is candid, yet 
prevents panic--knowing that panic itself can be a weapon of mass 
destruction? My staff had two responses: ``We don't know'' and ``You're 
late for your press conference.''
    I told people in the exercise: ``I would never go before the press 
with this little information,'' and Governor Keating--who knows about 
dealing with disaster, said: ``You have no choice.'' And I went, even 
though I did not have answers for the public's most urgent questions: 
``How do you plan to protect our families?'' ``How rapidly and how far 
will it spread?'' And ``Why isn't there enough vaccine?''
    Naturally, there are some skeptics anytime you describe a dire 
threat to the United States. I want to tell the committee: I am 
convinced the threat of a biological weapons attack on the United 
States is as urgent as it is real. As Secretary Rumsfeld said in his 
confirmation hearings: ``I would rank bioterrorism quite high in terms 
of threats . . . It does not take a genius to create agents that are 
enormously powerful, and they can be done in mobile facilities, in 
small facilities.'' An experiment some years ago showed that a 
scientist whose specialty was in another field was able to weaponize 
anthrax on his first attempt for less than $250,000.
    Hundreds of labs and repositories around the world sell biological 
agents for legitimate research--and the same substances used in 
legitimate research can be turned into weapons research. In addition, 
the massive biological weapons program of the former Soviet Union 
remains a threat, at least to the extent that materials and know-how 
could flow to hostile forces. At its peak, the program employed 70,000 
scientists and technicians and made twenty tons of smallpox. One 
Russian official was quoted some years ago in The New Yorker saying: 
``There were plenty of opportunities for staff members to walk away 
with an ampule.'' There still are.
    According to a very prominent press report, former Soviet 
biological weapons scientists have been aggressively--and in some eases 
successfully--recruited by Iran. And Ambassador Rolf Ekeus, who headed 
the United Nations special commission that investigated Iraq's arsenal 
after the Gulf War, and who we are lucky to have on the Board of 
Directors of NTI, had testified before Congress that in 1991 Iraq had 
300 biological bombs.
    So the ability of people to acquire or create biological weapons 
should be clear beyond any doubt. And no one should doubt how lethal 
biological weapons could be. In 1979, a small amount of anthrax escaped 
from a Soviet biological weapons lab in Sverdlovsk. Seventy-seven cases 
of human anthrax occurred in the city surrounding the lab. Sixty-six 
died, and new cases were appearing as late as 47 days after the leak. 
All this resulted from only a tiny amount of anthrax being released--on 
the order of ounces. It doesn't take much imagination to envision the 
catastrophe that would result if someone deliberately released a much 
larger quantity.
    It is important not to overstate this threat. But it is not an 
overstatement to say it is real, it is dangerous, and if it occurred 
today, it would catch us unprepared.
    Michael Osterholm and John Schwartz, in their book Living Terrors, 
told about the experience of one doctor who knew his state was one of 
the best-trained areas of the country for a biological weapons attack. 
One day he conducted some unscientific research. He discovered that the 
total city stockpile for dealing with an anthrax attack would not cover 
even 600 patients. He found that a doctor trained in biological weapons 
failed to diagnose anthrax when the classic symptoms were described; a 
doctor in the radiology department failed to recognize inhalation 
anthrax when shown an X-ray; and a voice mail message describing a 
bioterrorism concern went unreturned by the state health department for 
three days.
                               next steps
    In fairness, we are making progress. The Clinton administration 
deserves credit for recognizing that a biological weapons attack is 
different from warfare or other terrorist threats and for targeting 
funds to address it. That initiative includes strengthening the public 
health infrastructure, creating a pharmaceutical stockpile for civilian 
use, a contract to develop and produce a new smallpox vaccine, research 
to develop new and improved diagnostics, drugs and vaccines, programs 
to train first responders (police and fire departments as well as 
public health and medical professionals) across the United States, and 
investments in new technologies to help detect biological agents.
    Under the Bush administration, these efforts are continuing and in 
some eases, funding is increasing. It is also heartening that Secretary 
Thompson has named a senior advisor on bioterrorism who previously 
directed the program on bioterrorism at the Centers for Disease Control 
and Prevention. These are positive steps. Still, we have to do more--
and quickly.
    Before detailing the issues that I believe deserve the greatest 
attention, we should keep in mind that the results of biological 
attacks would vary according to the specific agent used. Technology and 
training for early recognition of the type of pathogen are essential. 
This exercise gave us valuable lessons about a possible smallpox 
attack. The circumstances would be very different in the case of an 
anthrax attack, for example. In the event of an attack using anthrax, 
vaccination and isolation would be irrelevant, but antibiotics would 
need to be administered on the scene immediately.
    For the participants, the Dark Winter exercise instilled in all of 
us that there is much work to be done:
    Number one: Clearly, measures that will deter or prevent 
bioterrorism are the most cost effective means to counter threats to 
public health and social order. We need to prevent the proliferation of 
biological weapons, in part by strengthening intelligence gathering 
against such threats, but also by providing peaceful research options 
to scientists in the former Soviet Union. Efforts to fight 
proliferation require a global approach, including finding a way to 
strengthen and enforce the Biological Weapons Convention.
    Two: We need to focus more attention, concern and resources on the 
specific threat of bioterrorism--understanding that it is different 
from other threats we face. Biological weapons must be countered with 
new protocols for securing dangerous pathogens, with increased 
vigilance and surveillance, as well as with increased supplies of 
medicines and vaccines and significantly increased training.
    Three: We need to recognize the central role of public health and 
medicine in this effort and engage these professionals fully as 
partners on the national security team. We must act on the 
understanding that public health is an important pillar in our national 
security framework. In the event of a biological weapons attack--
millions of lives will depend on how quickly doctors diagnose the 
illness, communicate their findings, and bring forth a fast and 
effective response at the local and federal level. This means, clearly, 
that public health and medical professionals must be part of the 
national security team. Planning for an event like this is not the 
exclusive purview of the Department of Defense, the National Security 
Council, the CIA and the Department of Energy. The Department of Health 
and Human Services (CDC, FDA, NIH, etc.) must also be included.
    This may seem obvious enough. But several years ago, when 
administration officials were meeting to discuss supplemental funding 
legislation for defense against biological weapons--the presiding 
official from the Office of Management and Budget greeted the officials 
from the NSC, and FBI and CIA and DOD, then saw the Assistant Secretary 
from Health and Human Services at the table, did a double-take and 
said: ``What are you doing here?'' Health officials should not need to 
be given directions to the White House Situation Room in an emergency.
    Four: We need to identify and put into practice the mechanisms by 
which all levels of government will interact and work together. It is 
critical that we understand our differing roles, responsibilities, 
capabilities, and authorities, and plan on how we will work together 
before an act of terrorism occurs.
    Five: We need to reexamine and modernize the legal framework for 
epidemic control measures and the appropriate balance with civil 
liberties--the laws that would apply if we were to find ourselves 
managing the crisis that would come with a biological weapons attack. 
These laws vary from state to state and many are antiquated. We need to 
make sure that they are up-to-date, consistent with our current social 
values and priorities, and we need to reacquaint high-level officials 
in all areas of response with the specific authorities these laws 
provide, and how they can implement them.
    Six: There should be a clear plan for providing the news media with 
timely and accurate information to help save lives and prevent panic.
    Seven: We need to increase the core capacities of our public health 
system to detect, track and contain epidemics, by providing resources 
for effective surveillance systems, diagnostic laboratory facilities, 
and communication links to other elements of the response effort.
    Eight: The national pharmaceutical stockpile should be built to 
capacity, including extra production capability for drugs and vaccines, 
with heightened security at the various dispersal sites. We must not 
fall victim to a twin attack that releases a bio-agent and 
simultaneously destroys our drugs and vaccines.
    Nine: We need to develop plans for a surge of patients in the 
nation's hospitals to make the best use of existing resources in the 
event of an emergency. This will require careful advance planning, 
including how to utilize ancillary facilities such as gymnasiums or 
armories, since most hospitals are operating at or near capacity right 
now.
    Ten: We need to increase funding for biomedical research to develop 
new vaccines, new therapeutic drugs, and new rapid diagnostic tests for 
bioweapon agents.
    Eleven: We need to encourage the scientific community to confront 
the sinister potential of modern biological research, and help them 
devise systems and practices that ensure the safe, secure storage of, 
and access to, dangerous pathogens.
    Twelve: Officials at the highest levels of the federal, state, and 
local government need to participate in exercises like Dark Winter to 
understand the importance of advance preparation. Plans must be 
exercised, evaluated, and understood by decision-makers if they are to 
prove useful in a time of crisis.
    I know how difficult it is to find funding for new initiatives, and 
public health is often left behind. We need to think about supporting 
public health activities in the same way we think about our national 
defense. Congress and the public should understand that expanding 
disease surveillance, creating additional lab capacity and enhancing 
vaccine production capabilities will benefit the United States not only 
in responding to a biological weapons attack, but also by improving our 
responses to natural disease outbreaks. We have a chance to defend the 
nation against its adversaries and improve the public health system 
with the same steps.
            the nuclear threat initiative--a new foundation
    Mr. Chairman and members of the Committee, encouraging and helping 
our government to deter, prevent, and defend against biological 
terrorism is a central part of our mission at the Nuclear Threat 
Initiative (NTI)--the organization founded by Ted Turner and guided by 
an experienced board that Ted and I co-chair. We are dedicated to 
reducing the global threat from biological, nuclear, and chemical 
weapons by increasing public awareness, encouraging dialogue, 
catalyzing action, and promoting new thinking about these dangers in 
this country and abroad.
    We fully recognize that only our government can provide the 
leadership and resources to achieve our security and health priorities. 
But within that context, NTI is:

  <bullet> Seeking ways to reduce the threat from biological weapons 
        and their consequences.
  <bullet> Exploring ways to increase education, awareness and 
        communication among public health experts, medical 
        professionals, and scientists, as well as among policy makers 
        and elected officials--to make sure more and more people 
        understand the nature and scope of the biological weapons 
        threat.
  <bullet> Considering ways to improve infectious disease surveillance 
        around the globe--including rapid and effective detection, 
        investigation, and response. This is a fundamental defense 
        against any infectious disease threat, whether it occurs 
        naturally or is released deliberately.
  <bullet> Stimulating and supporting the scientific community in its 
        efforts to limit inappropriate access to dangerous pathogens 
        and to establish standards that will help prevent the 
        development and spread of biological agents as weapons.
  <bullet> And finally, NTI is searching for ways to help our 
        government and the Russian government to facilitate the 
        conversion of Russian bioweapons facilities and know-how to 
        peaceful purposes, to secure biomaterials for legitimate use or 
        destruction, and to improve security of dangerous pathogens 
        worldwide.
                           concluding remarks
    Mr. Chairman, enemies don't normally attack us where we are strong; 
they target us where we are weak. Enemies of the United States are not 
eager to engage us militarily; they saw what happened in Desert Storm. 
They will attack us where they believe we are vulnerable. Today, we are 
vulnerable to biological terrorism and those who perpetuate such an act 
are not likely to be quickly identified or leave a return address. It 
is critical that we prepare with all possible speed, because if an 
attack occurs, and succeeds, there will be others. Preparing is 
deterring.
    Our first priority must be prevention. Whether the enemy achieves 
its objectives in an attack depends, to a large extent, on how the 
American people respond. Panic is as great a danger as disease. Some 
will respond like saints--doing whatever they can, exhibiting brave and 
selfless patriotism--to meet the needs of family and community. Others 
will respond with panic, perhaps even using violence to obtain vaccines 
or drugs, or try to protect themselves or their loved ones from 
exposure. The distance between these two is broad. How most of our 
citizens will respond will depend largely on what they hear from the 
President and their elected leaders, and how they see our government 
respond. This means we must be prepared.
    When America faced possible financial panic in March of 1933, 
President Roosevelt did three things immediately upon taking office: he 
ordered the banks to close temporarily, he proposed emergency banking 
legislation, and he explained his plan to the public in the first of 
his regular national radio broadcasts.
    If he had not talked reassuringly to the American people, his plan 
might not have worked. But if he had talked, and had no plan, his talk 
would not have been reassuring. In the event of a biological weapons 
attack, no President, no matter how great his natural gifts, will be 
able to reassure the public and prevent panic unless we are better 
prepared than we are right now.
    If we are well prepared--with the ability to detect the disease 
quickly, report it swiftly, and implement the appropriate infection 
control measures, including the provision of necessary drugs or 
vaccines for all those who came in contact with it--then the President 
of the United States will address the American people with knowledge, 
with courage, and with confidence, and the people will respond in kind. 
Whether this or a future President will exert this essential leadership 
will depend in large part on how we all address this issue now.
    I commend the Committee for tackling such a difficult but important 
matter. Our country's protection and safety depend on your leadership. 
Thank you.

    The Chairman. Thank you very much, Senator.
    Mr. Woolsey.

STATEMENT OF HON. R. JAMES WOOLSEY, FORMER DIRECTOR OF CENTRAL 
   INTELLIGENCE, AND PARTNER, SHEA & GARDNER, WASHINGTON, DC

    Mr. Woolsey. Thank you, Mr. Chairman. I have a three-and-a-
half-page statement with some attachments. If it's all right, I 
will just submit it for the record.
    The Chairman. Without objection. That will be placed in the 
record.
    Mr. Woolsey. I will just use it as notes to give a briefer 
summary. I will not attempt to duplicate Senator Nunn's 
testimony regarding our ``Dark Winter'' exercise. I have three 
broad points to make with respect to trying to avoid a disaster 
of the sort that we faced in this game.
    First, 5 years ago the CIA and the Energy Department via 
Lawrence Livermore Laboratory asked me to co-chair a review of 
the country's capacity to deal with terrorism using weapons of 
mass destruction.
    Most of that review is classified, but Joe Nye, my co-
chairman, and I did write an op-ed, which I've attached, in 
which we stress that we believe that it is the case that 
terrorism using weapons of mass destruction--and we thought at 
the time and I think still biological is the most difficult of 
these--ought to be the very highest priority in U.S. National 
Security Policy.
    Biological weapons in terms of number of people killed 
could match a nuclear attack. And in terms of simplicity, 
unfortunately, it is far simpler to work with biological agents 
than even chemicals in many cases, particularly as far as scope 
and volume of equipment is concerned.
    Often you don't need to smuggle anything. Anthrax grows in 
many cow pastures of the world, and much of the equipment that 
one would need to weaponize it is transportable. Some of it is 
little more complex than that for, say, a microbrewery attached 
to a restaurant, which in fact the equipment rather resembles 
in some ways.
    Happily, there are some very difficult parts of this 
process which led Aum Shinrikyo to forsake biological weapons 
and move to chemical weapons for their attack in Tokyo. But 
there are good reasons to believe that one of the reasons, for 
example, Iraq has been able to hide almost all of its 
biological weapons, even when UNSCOM was in the country 
operating somewhat effectively, was because it was moving both 
biological agents and the equipment around, perhaps with the 
Special Republican Guard that protects Saddam. This should give 
you some idea of the mobility and size of this type of 
equipment.
    Second, I served on a National Terrorism Commission chaired 
by Ambassador Jerry Bremmer that reported to the Congress of 
last summer. And we said in that report that although 
consequence management is of course vitally important, and 
that's much of what we dealt with in ``Dark Winter,'' 
intelligence really is not only the first line of defense but 
the best weapon against many aspects of terrorism. Because the 
consequences are so horrible trying to contain them once an 
attack has occurred, as we showed in ``Dark Winter,'' is 
extraordinarily difficult.
    Now, one reason for example is that vaccines and 
antibiotics may be made ineffective by genetic modification of 
the biological agents. We know that the Russians were involved 
in doing this with anthrax. We learned about it in 1997. And 
for 4 years we have been asking the Russian Government for 
samples of their genetically modified anthrax. So far we have 
not received any. This may have spawned some of the work late 
in the Clinton administration that has been reported in the 
press recently to try to figure out how to deal with a 
genetically modified biological agent used in a terrorist 
attack.
    Back in the cold war, we could keep pretty good track of 
some of the major threats to our country, Soviet ICBMs and the 
like, submarines, with satellite reconnaissance. That tends not 
to be the case with something like biological agents, whether 
used by governments or by terrorists or by some combination.
    As Senator Nunn pointed out, biological agents lend 
themselves to deception. I would say if a terrorist attack 
using biological agents against the United States occurred and 
it seemed at first as if the Government of Iran or Shiite 
groups might be behind it, we should look very closely at Iraq 
because it might be a false flag operation.
    And conversely, if it seemed initially as if it might have 
come from Iraq, we should perhaps look to Iran.
    With respect to difficulties and problems with collecting 
intelligence, I want to highlight two that we stressed in our 
terrorism Commission report last summer.
    First of all, the CIA has in effect certain guidelines 
issued in late 1995, I hasten to say after I stepped down from 
the job in the Agency, in response to a highly publicized case 
in Guatemala. Those guidelines make it considerably more 
difficult than it needs to be to recruit agents inside 
terrorist organizations because rather cumbersome procedures 
apply to the recruitment of any spy who may have a violent 
background or any history of human rights violations.
    Mr. Chairman, these rules may be defensible when one is 
recruiting spies inside governments. There are a lot of good 
people trapped inside bad governments who have over the years 
volunteered to work for the CIA or other parts of Western 
intelligence.
    But in my judgment and in the unanimous judgment of our 
Commission, these rules make absolutely no sense with respect 
to terrorist groups, because the only people that are in 
terrorist groups are people who want to be terrorists. And that 
means they have a background in violence and human rights 
violations.
    If you make it difficult for a CIA case officer in, say, 
Beirut to recruit spies with this sort of background, he'll be 
able to do a dandy job of telling you what's going on inside, 
for example, the churches and the Chamber of Commerce in 
Beirut. But we don't really care what's going on there. He'll 
have no idea, however, what's going on inside Hezbollah.
    The CIA today says that they have turned down no 
recruitments because of these guidelines. But with all due 
respect, that's not the problem. The problem, as we were told 
on the Commission by a number of current and former 
intelligence officers, is the number of approaches that are not 
made to recruit people inside terrorist organizations because 
of the cumbersome nature of these guidelines.
    The Commission also looked at the FBI guidelines for 
domestic work. I use the word work because the FBI strictly 
speaking does not conduct domestic intelligence operations. 
It's not an intelligence agency. It's a law enforcement agency. 
It investigates individual crimes.
    Here I want to stress that we are dealing with the civil 
rights of Americans, and I think we should all agree that 
special care is needed in making any changes. But let me state 
the following hypothetical.
    A conscience-stricken member of a militia group affiliated 
with Christian Identity, as these groups call themselves--many 
people just call them Identity groups, but they call themselves 
Christian Identity--comes to an FBI office somewhere in the 
United States. He says that at last night's meeting of the 
group they were discussing the importance of preparing for 
Armageddon between the Children of Adam, Aryans, in this 
group's belief, and the Children of the Devil, everybody else.
    One member reportedly stood up and shouted, ``Anthrax for 
Armageddon'' and everybody began to take up the same chant. The 
conscience-stricken member was worried that some of the group 
might act on its enthusiasm.
    I believe it would be surprising to most people to realize 
that in this hypothetical case the FBI would not be permitted 
under current guidelines to open a full investigation or to 
apply to a Federal court for warrants to conduct electronic 
surveillance or wiretaps, nor would it be permitted to recruit 
new informants beyond the conscience-stricken individual. It 
could only follow the matter as best it could without using 
these tools.
    And finally, Mr. Chairman, on this intelligence point, a 
particular bete noire of mine, often CIA case officers and FBI 
Special Agents who work in the terrorism area in these 
litigious times are forced to buy personal liability insurance 
for fear of being sued individually for steps taken pursuant to 
their authorized duties when combating terrorism.
    Under a recent statute, Federal agencies need reimburse 
only one half of cost of this insurance. The rest of the 
premium is paid by the Special Agents or case officers out of 
their pockets.
    It would seem the very least we could do is pay the full 
cost for premiums of liability insurance that FBI and CIA 
employees in the front ranks of the war against terrorism have 
to take out in order to have the privilege of protecting us 
without risking bankruptcy.
    Third and final point, Mr. Chairman, I know this is not a 
hearing on ballistic missile defense, about which I testified 
before this committee in late July, and I fully agree that this 
country's more likely to be subjected to attack using 
biological agents via terrorism, state-sponsored or otherwise, 
than via ballistic missiles.
    But in my view that in no way diminishes the importance of 
planning for and deploying ballistic missile defense, including 
particularly those that would deal effectively with missiles 
carrying biological weapons.
    Dr. Richard Garwin, among others, has pointed out that a 
missile carrying sub-munition packages filled with biological 
agents could defeat defensive missiles that intercept in mid-
course because the sub-munitions could be released early, 
immediately after the missile's boost phase and prior to 
interception. There would be too many of them to be intercepted 
by mid-course defenses. This is one of the reasons I've been 
particularly attracted to boost-phase intercept as an approach 
toward missile defense since it would intercept attacking 
missiles before the deployment of decoys or such sub-munitions.
    Of the five states with biological weapons programs, in 
addition to Russia and China, that were listed in last 
January's National Intelligence Council assessment of the 
biological warfare threat, three, North Korea, Libya and Syria, 
are susceptible to having any missile launched from their 
territory intercepted by sea-based boost-phase intercept.
    One, Iraq, would probably be susceptible to such a defense, 
although one might need a site in eastern Turkey; and only one, 
Iran, would require a substantially innovative approach such as 
boost-phase interceptors based in Russia or in space.
    I think there are two reasons, Mr. Chairman, why this 
threat of ballistic missiles armed with biological weapons 
should concern us. One is blackmail. The threat that we would 
be deterred or that our potential allies would be deterred from 
protecting the Kuwaits and the South Koreas in the future if we 
or our allies were vulnerable to attack from a rogue state such 
as Iraq or North Korea with ballistic missiles carrying 
biological weapons.
    The second is a risk that, as he lost in a crisis and faced 
removal from office or worse, a rogue state's leader might opt 
for a Gotterdammerung rather than graceful degradation. We know 
from Russian memoirs that this was the mind-set of both Fidel 
Castro and Che Guevara in 1962 when they urged Mikoyan to 
demand a nuclear attack on the United States at the height of 
the Cuban Missile Crisis.
    And we know from many accounts of the incredibly 
destructive orders that Hitler gave, that happily were not 
carried out, in May of 1945.
    We know of accounts of drug use by national leaders such as 
Mao and Hitler, of reliance on soothsayers such as by Saddam 
today, and on astrology by the former Chief of the Soviet 
Strategic Rocket Forces.
    These types of accounts are simply too numerous through 
history for us to be confident that as the number of countries 
with ballistic missiles and biological weapons continues to 
grow, we will always be blessed with rational and reasonable 
adversaries.
    We should not have been forced to decide in 1940 between 
having effective local police and having a navy. England should 
not have been forced to decide in 1587 between protecting 
itself against civil insurrection and an Armada from Spain. And 
we should not be forced, today, to choose between defending 
against terrorists and against ballistic missiles. Both types 
of defenses in my view are badly needed. Thank you, Mr. 
Chairman.
    [The prepared statement of Mr. Woolsey follows:]

              Prepared Statement of Hon. R. James Woolsey

    Mr. Chairman, members of the Committee, it is an honor to be here 
today to testify before you on the important subject of biological 
weapons and terrorism.
    I will not duplicate Senator Nunn's testimony regarding Dark 
Winter, wherein I served as President Nunn's Director of Central 
Intelligence. Let me address just three additional points about the 
threat of biological weapons.
                           i. livermore study
    Five years ago the CIA and DOE, via Lawrence Livermore National 
Laboratory, asked me to co-chair a review of U.S. preparations to deal 
with terrorism using weapons of mass destruction. My co-chairman was 
Joseph Nye, the Dean of the Kennedy School at Harvard, who had served 
as the Chairman of the National Intelligence Council when I was DCI in 
1993-95. Our report was classified, but we published an op-ed 
(attached) that reflected the main points of our review. We put 
terrorism using weapons of mass destruction as the highest priority in 
U.S. national security policy.
    Generally we determined in the Livermore study that the biological 
weapons threat was the most serious because destructiveness, at least 
in terms of people killed, could match that of nuclear weapons but the 
technological and industrial challenges to a terrorist were 
considerably less daunting. Happily, there are some real difficulties 
in some parts of the weaponization process for biological agents, but 
compared to fissionable material many biological agents are far more 
readily available--anthrax, e.g., grows in many cow pastures in the 
world. Further, the equipment for much of the process of producing 
biological weapons is transportable, as are the biological agents 
themselves, and indeed the equipment is little more complex than that 
for a microbrewery, which it rather resembles. There is good reason to 
believe, for example, that one of the reasons Iraq was able to hide 
almost all of its biological weapons work from UNSCOM was that it was 
moving equipment and biological agents around, quite possibly under the 
control of the Special Republican Guard that protects Saddam.
                  ii. national commission on terrorism
    Second, I served on the National Commission on Terrorism (Chaired 
by Amb. L. Paul Bremmer) that reported to the Congress last summer. 
Although consequence management is a terribly important part of the 
national response to terrorism, as we pointed out in that report good 
intelligence is not only the first line of defense against terrorism, 
but the best weapon against it--because it is the best way to prevent a 
terrorist act from occurring. I have attached six pages from our report 
that make several points I believe relevant to your deliberations 
today.
    There are serious flaws, we found, in both the CIA guidelines for 
penetrating terrotist groups abroad and in the FBI's guidelines for 
dealing with terrorist groups in this country.
CIA 1995 Guidelines
    As far as the CIA is concerned, new guidelines issued in late 1995 
in response to a highly publicized case in Guatemala make it 
considerably more difficult than it needs to be to recruit agents 
inside terrorist organizations because special cumbersome procedures 
apply to the recruitment of any spy who may have a violent background 
or any history of human rights violations.
    Mr. Chairman, these rules may be defensible when one is recruiting 
spies inside governments--there are a lot of good people trapped inside 
bad governments who volunteer to work for the CIA. But they make 
absolutely no sense at all with respect to terrorist groups. The only 
people in terrorist groups are people who want to be terrorists--hence 
they will virtually all have a history of violence and human rights 
violations. If you make it difficult for a CIA case officer in, say, 
Beirut, to recruit spies with this sort of background, he will be able 
to do a dandy job of telling you what's going on inside, e.g., the 
churches and the Chamber of Commerce there, as if we cared, but he will 
have no idea what Hezbollah is planning.
    The CIA today says that they have turned down no recruitment 
because of these guidelines, but with all due respect that is not the 
problem. The problem, as we heard from a number of current and former 
case officers who communicated with the Commission, is the number of 
approaches that are not made to potentially useful agents inside 
terrorist organizations because of these guidelines. Our Commission 
recommended unanimously that these guidelines ``no longer apply to 
recruiting terrorist informants.''
FBI Guidelines
    The FBI guidelines, our Commission found, are lengthy, complex, and 
difficult for FBI Agents in the field to understand (they were also 
difficult for Commission members to understand). They too have been 
heavily influenced by past controversies, such as some of the 
lamentable excesses of the COINTELPRO program of many years ago. Here 
we are dealing with the civil rights of Americans and I think we would 
all agree that special care is needed. Still, take the following 
hypothetical case:

          A conscience-stricken member of a militia group affiliated 
        with Christian Identity (as they call themselves) comes to an 
        FBI office somewhere in the U.S. He says that at last night's 
        meeting of the group they were discussing the importance of 
        preparing for Armageddon between the Children of Adam (Aryans, 
        in the group's belief) and the Children of the Devil (everyone 
        else). One member reportedly stood up and shouted ``Anthrax for 
        Armageddon,'' at which point all began the same chant. The 
        conscience-stricken member was worried that some of the group 
        might act on its enthusiasm.

    It would be surprising to many, I believe, to realize that in this 
hypothetical case the FBI would not be permitted, under current 
guidelines, to open a full investigation and apply to a federal court 
for warrants to conduct electronic surveillance or wiretaps. Nor would 
it be permitted to recruit new informants beyond the conscience-
stricken individual. It could only follow the matter as best it could 
without using these tools.
Full Cost of Liability Insurance
    One further small but illustrative point about the way we conduct 
the war against terrorism: FBI Special Agents and CIA Case Officers in 
the field are, in these litigious times, often forced to buy personal 
liability insurance for fear of being sued individually for steps taken 
pursuant to their authorized duties when they are combating terrorism. 
Under a recent statute federal agencies need reimburse only one-half of 
the cost of this insurance. The rest of the premium is paid by the 
Special Agents and Case Officers out of their pockets. It would seem 
that the very least we could do is pay the full cost of the premiums 
for the liability insurance that FBI and CIA employees in the front 
ranks of the war against terrorism have to take out in order, without 
risking bankruptcy, to have the privilege of protecting us.
                               priorities
    Mr. Chairman, I know that this is not a hearing on ballistic 
missile defense, about which I testified before this Committee in late 
July. But just a word about priorities, if I might. I fully agree that 
we are more likely to be subjected, in this country, to an attack using 
biological agents via terrorists--state sponsored or otherwise--than by 
ballistic missile. But in my view that in no way diminishes the 
importance of planning for and deploying ballistic missile defenses, 
including particularly those that would deal effectively with missiles 
carrying biological weapons.
    Dr. Richard Garwin, among others, has pointed out that a missile 
carrying sub-munition packages filled with biological agents could 
defeat defensive missiles that intercept in midcourse because these 
sub-munitions could be released early, immediately after the missile's 
boost phase, and prior to interception. There would be too many of them 
for the mid-course defensive system to deal with. This is one of the 
reasons I have been particularly attracted to the boost-phase intercept 
approach toward missile defense, since it would intercept attacking 
missiles before the deployment of decoys or such sub-munitions. Of the 
five states with biological weapons programs (in addition to Russia and 
China) listed in the National Intelligence Council's assessment in 
January of this year, ``The Biological Warfare Threat,'' three (North 
Korea, Libya, and Syria) are susceptible to having any missile launched 
from their territory intercepted by sea-based boost-phase intercept. 
One (Iraq) could be susceptible to such a defense if the intercepting 
missile were fast enough, although augmentation from a land-based site 
in Eastern Turkey might be necessary. Only one (Iran) would require a 
substantially innovative approach, such as boost-phase interceptors 
based in Russia, or in space, to defend against attacks from its 
territory.
    I think there are two reasons, Mr. Chairman, why this threat of 
ballistic missiles armed with biological weapons should concern us.
    One is blackmail--the threat that we would be deterred, or 
potential allies would be, from protecting the Kuwaits and South Koreas 
in the future if we or our allies were vulnerable to attack from a 
rogue state such as Iraq or North Korea with ballistic missiles 
carrying biological weapons.
    The second is the risk that, as he lost in a crisis and faced 
removal from office or worse, a rogue state's leader might opt for 
Gotterdammerung rather than graceful degradation. We know from Russian 
memoirs that this was the mind-set of both Fidel Castro and Che Guevera 
in 1962, when they urged Mikoyan to demand a nuclear attack on the U.S. 
at the height of the Cuban Missile Crisis, and from many accounts of 
the incredibly destructive orders that Hitler gave in May 1945. And the 
accounts of drug use (Mao and Hitler), of reliance on soothsayers 
(Saddam) and astrology (former Chief of the Soviet Strategic Rocket 
Forces) are simply too numerous throughout history for us to be 
confident that--as the numbers of countries with ballistic missiles and 
biological weapons continues to grow--we will always be blessed with 
rational and reasonable adversaries.
    We should not have been forced to decide, in 1940, between having 
effective local police and having a Navy; England should not have been 
forced to decide, in 1587, between protecting itself against civil 
insurrection and an Armada from Spain. And we should not be forced, 
today, to choose between defending against terrorists and against 
ballistic missiles. Both types of defenses, in my view, are needed 
badly.

                                 ______
                                 

                      [From the Los Angeles Times]

                        perspective on terrorism

                    Defend Against the Shadow Enemy

              (By Joseph S. Nye, Jr. and R. James Woolsey)

    The destruction of the federal building in Oklahoma City and the 
bombing of the World Trade Center in New York shocked Americans. But 
those tragedies would have been far worse if nuclear, biological or 
chemical materials had been involved. After co-chairing a year-long 
study for the government, we believe it is increasingly likely they 
will be.
    For 40 years Americans lived under the fear of Soviet nuclear 
attack. The end of the cold war reduced the prospect of a nuclear 
holocaust, but ironically, prospects of a nuclear explosion inside the 
United States probably have increased. And it is not just the nuclear 
threat. Terrorists worldwide have better access to anthrax or sarin 
than to nuclear materials. So far, we have been lucky. But we should 
not wait for another Pearl Harbor to awaken us to the fact that there 
is no greater threat to our security than terrorism involving weapons 
of mass destruction.
    Skeptics may call us alarmists. Nuclear technology has been around 
for 50 years and chemical and biological agents for nearly a century, 
yet terrorists have rarely turned to them.