Coordinating Nuclear Defense: Should there be a presidential adviser?

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Coordinating Nuclear Defense: Should there be a presidential adviser? Matthew Allen Sandia National Laboratories Project on Nuclear Issues Capstone Conference Strategic Command December 2, 2008

SAND Number: 2008-3766C Sandia is a multiprogram laboratory operated by Sandia Corporation, a Lockheed Martin Company, for the United States Department of Energy’s National Nuclear Security Administration under contract DE-AC04-94AL85000.

Outline

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Early attempts to coordinate nuclear defense Congressional action and the establishment of Office of WMD Coordinator Executive Office of the President Possible Construct for the Office of the Prevention of WMD Coordinator Recommendations for the next administration

Early Attempts to Coordinate Nuclear Defense

• Previous attempt to create advisor began in 2004 – Smuggled Nuclear Weapons seen as greatest threat (May 2004) – Detection was seen as the largest capability gap. – Defense, Energy, and Homeland Security had to be “better organized.”—Jonah Czerwinski, Center for the Study of the Presidency.1

• National Domestic Nuclear Defense Office proposed – Report directly to the President – Envisioned as interagency hub that would act across full spectrum of Nuclear Defense – “Intense resistance from agencies that would have fallen under the new office led to major limits on both its scope and its power.”2

1. Jon Fox, “Lawmakers May Cut Nuclear Detection Office Funding,” Global Security Newswire, 08/03/06. 3 2. Michael Levi, On Nuclear Terrorism, Harvard University Press, p. 146, 2007.

Solution to Bureaucratic Infighting: Establish New Offices With Narrow Missions

• Domestic Nuclear Detection Office (DNDO)1 –



“improve the Nation’s capability to detect and report unauthorized attempts to import, possess, store, develop, or transport nuclear or radiological material…” Coordinate Global Nuclear Detection Architecture i. DNDO responsible for Domestic ii. Defense responsible for DoD interests everywhere iii. State, Defense, and Energy maintain their responsibilities outside of US.



Coordinate National Technical Nuclear Forensics capabilities

• Office of Director of National Intelligence – –

National Counterterrorism Center (NCTC) National Counterproliferation Center (NCPC)

• Coupled with cooperative initiatives – –

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Proliferation Security Initiative (2003) Global Initiative to Combat Nuclear Terrorism (2006)

1. Establish via NSPD-43/HSPD-14, April 15, 2005, codified in law by SAFE Port Act 2006 (PL 109347) Title V. Nuclear Forensics mission added via Annex IV to NSPD-17/HSPD-4 (July 3, 2007).

Presidential Advisor Established by 9/11 Act •

HR 1, Implementing Recommendations of the 9/11 Commission Act1 – “Sense of Congress” on consolidating Congressional oversight of homeland security was struck from the bill.



TITLE XVIII—Preventing Weapons of Mass Destruction Proliferation and Terrorism – The terms ‘‘weapons of mass destruction’’ and ‘‘WMD’’ mean chemical, biological, and nuclear weapons, and chemical, biological, and nuclear materials used in the manufacture of such weapons. – Established Congressional “Commission on the Prevention of Weapons of Mass Destruction Proliferation and Terrorism.” – Established the Office of US Coordinator for the Prevention of Weapons of Mass Destruction Proliferation and Terrorism within the Executive Office or President.

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1. Public Law 110-53, August 3, 2007.

Executive Office of the President: Overview Since its establishment in 1939, the EOP has dramatically grown in size

• 1,800 FTEs • Advisers include – Assistant to Pres. (18) – Deputy Asst. to Pres (32) – Special Asst. to Pres. (8)

• Where would a “Coordinator” sit? – Senate confirmed position – Separation of Powers prevents appointment within: • White House Office, VP Office, NSC, Office of Admin.

– Should there be a new box? 6

Executive Office of the President White House Office (Chief of Staff)

Office of Management and Budget

Office of the Vice President

Office of National Drug Control Policy

Council of Economic Advisors

Office of Science & Technology Policy

President’s Foreign Intelligence Advisory Board

Council on Environmental Quality

National Security Council

United States Trade Representative

Office of Administration

Coordinator for the Prevention of WMD

Who is currently working on WMD within the EOP? Executive Office of the President Homeland Security Council (Asst. to Pres. Homeland Security) Dep. Asst. to Pres. Homeland Security

Biodefense

Cyber

Continuity

Response

Preparedness

Prevention

Nuclear

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all nuclear, all the time.

Intelligence (dual report to NSC) Combating Terrorism (dual report to NSC)

White House Office (Chief of Staff)



White House Office – 20 different offices that report to the Chief of Staff – Domestic Policy, Political Affairs, Press Secretary, White House Counsel, etc…



Homeland Security Council – established in 2002 – Currently working on WMD – two suboffices are “dual report” to NSC



“Coordination” will require consolidation within EOP.

What Could the WMD Coordinator Do?

• A Coordinator’s primary role should be to examine the entire Defense Spectrum:

Deter

Dissuade

Detect

Attack

Respond

Recovery

• While the Defense Spectrum may be different for each WMD, • •

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there is currently no one looking across the entire federal government. Some one needs to identify current programs and capability gaps Coordinator could quantify the effectiveness of funding left of boom (in the case of nuclear) or right of boom (in the case of bio).

Possible construct of US WMD Coordinator’s Office Dissolve HSC while maintaining capabilities

• WMD Office at same Level as NSC • Shift HSC WMD Work to WMD • • •

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Coordinator (bio, nuc, chem, cyber) Each Office should be responsible for the entire defense spectrum in that mission area. There is no “intel” box. Liaison with IC should be a natural function of the Coordinator or the deputy. To prioritize a mission area (e.g. nuclear terrorism) appoint Coordinator and deputy with nuclear backgrounds.

Executive Office of the President Coordinator for the Prevention of WMD

Deputy Coord. Prevention of WMD

Nuclear

Bio

Chem

Cyber

Conclusions and Recommendations for the Next Administration • •

Congress established the Office of Coordinator for the Prevention of WMD within EOP—to date, no one has been appointed. Office of Coordinator for prevention of WMD – – – –



Should be direct report to President maintain capabilities held within HSC (which should be dissolved) Deputies should be responsible for entire defense spectrum in mission area. Should be concentrated on the threat of nuclear terrorism

President-elect Obama has stated he will appoint a “White House coordinator for nuclear security”1 – deputy national security advisor to be in charge of coordinating all U.S. programs aimed at reducing the risk of nuclear terrorism and weapons proliferation. – What will be the relationship to the WMD coordinator (if appointed)?



“The problem is not with the President’s guidance, but with the followthrough.” – Charles Curtis (NTI) – – – –

To be effective WMD Coordinator (or any nuclear advisor) must have: understanding that he or she speaks for the President oversight authority to identify redundancies and capability gaps; and budget authority to fix problems when identified.

10 1. http://www.barackobama.com/issues/homeland_security/index.php#prevent-nuclear-terrorism

Bibliography •

Articles – – – – – –



Books – – –



Graham Allison, Nuclear Terrorism: The ultimate preventable catastrophe, New York, Times Books, 2004. Michael Levi, On Nuclear Terrorism, Cambridge, Harvard University Press, 2007. Silberman and Rob, The Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction, March 31, 2005.

Legislation in 110th Congress* – –

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Graham Allison, “The ongoing failure of imagination,” Bulletin of the Atomic Scientists, p. 34-41, September/October, 2006. Michael Levi, “Stopping Nuclear Terrorism: The Dangerous Allure of a Perfect Defense,” Foreign Affairs, January/February, 2008. Jon Fox, “Lawmakers May Cut Nuclear Detection Office Funding,” Global Security Newswire, August 3, 2006. Stephen Hadley, Remarks to the Center for International Security and Cooperation, February 8, 2008. Organizing for Homeland Security: The Homeland Security Council Reconsidered, CRS Report for Congress, RS22840, March 19, 2008. Charles Curtis, “Preventing Nuclear Terrorism: Our Highest Priority – Isn’t,” Remarks at Capitol Hill Club, May 21, 2008. (http://www.nti.org/c_press/speech_curtis_NDU_052108.pdf)

“Nuclear Terrorism Prevention Act of 2007,” H.R. 2891. “Implementing the Recommendations of the 9/11 Commission Act of 2007,” Public Law 110-53.

* Legislation can be found on THOMAS: http://thomas.loc.gov/

Backup Slides

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Congressional Commission on WMD •

Sec. 1851 of 9/11 bill established a “Commission on the Prevention of Weapons of Mass Destruction Proliferation and Terrorism”



“The Commission shall give particular attention to activities, initiatives, and programs to secure all nuclear weapons- usable material around the world and to significantly accelerate, expand, and strengthen, on an urgent basis, United States and international efforts to prevent, stop, and counter the spread of nuclear weapons capabilities and related equipment, material, and technology to terrorists and states of concern.”



Nine Members – – – – – – – –

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Sen. Bob Graham, D-Fla., and former Rep. Tim Roemer, D-Ind. Graham Allison, former senior Defense Department official with expertise on Russia and the former Soviet Union . Robin Cleveland, former senior adviser at the World Bank. Stephen Rademaker, former head of the State Department's International Security and Nonproliferation unit. Henry Sokolksi, former Defense Department nonproliferation expert. Wendy Sherman, a North Korea policy expert and counselor to former Secretary of State Madeleine Albright. Former Sen. Jim Talent, R-Mo. Richard Verma, former senior policy adviser to Senate Majority Leader Harry Reid, D-Nev.

Public Law 110-53, signed by President 08/03/2007. "New commission to study WMDs announced,” Associated Press, May 17, 2008.

The Call for a Nuclear Adviser to the President •

Silberman and Rob Commission Intel Capabilities for WMD – “within the U.S. government, there is no overall direction and coordination on WMD terrorism. As the chief of the FBI’s WMD Countermeasures Unit rhetorically asked, ‘[w]ho is ultimately responsible for preventing the use of a WMD?’ ” (Silberman and Rob, p.296)



Graham Allison – “The President should appoint an individual of stature who reports directly to him as his commander in a real war on nuclear terrorism.” (Allison, p. 177, 2004)



Michael Levi – “…many of the tools needed for fighting nuclear terrorism are not nuclearspecific…That makes it impossible to cordon off nuclear terrorism and appoint a single powerful official to fully orchestrate a strategy against it.” – “Still, coordination on a narrower scale is essential and feasible…A lead senior official reporting directly to the president should be appointed to coordinate nuclear-specific elements of a defense.” (Levi, 2008)

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Congressional Action on Adviser to the President

• Nuclear Terrorism Prevention Act of 20071 – Sec. 5: “The President shall designate an individual to serve in the Executive Office of the President as the Senior Advisor to the President for the Prevention of Nuclear Terrorism.”

• Implementing Recommendations of 9/11 Commission Act2 – Sec. 1841: Office of US Coordinator for the Prevention of Weapons of Mass Destruction Proliferation and Terrorism – The Coordinator is to serve as the “principal advisor to the President on all matters relating to the prevention of weapons of mass destruction proliferation and terrorism.” – Duties include: national strategy, inter-agency cooperation, oversight, develop/oversee budget – Signed into law on August 3, 2007.

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1. Clinton/Tauscher H.R. 2891 (S. 1705) (introduced 6/27/2007). 2. Public Law 110-53, signed by President 08/03/2007.

The White House Office White House Office

White House Office Organizational Structure Chief of Staff

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Oval Office

White House Counsel

Advance

Cabinet Affairs

Counselor to the President

Domestic Policy Council

Homeland Security Council

Legislative Affairs

Management and Administration

White House Military Office

National Economic Council

Presidential Personnel

Press Secretary

Scheduling

Staff Secretary

Strategic Initiatives

Intergovernment al Affairs

Political Affairs

Privacy and Civil Liberties Oversight Board

Public Liaison

USA Freedom Corps

Faith-Based & Community Initiatives

Office of the First Lady

Homeland Security Council

• Executive Order 13228 of October 8, 2001 established both OHS •

and HSC Office of Homeland Security – developing and coordinating the implementation of a comprehensive national strategy to secure the United States from terrorist threats or attacks. – located within EOP

• Homeland Security Council – advise and assist the President with respect to all aspects of homeland security. – Progenitor of and repository for Homeland Security Presidential Directives (HSPD). – initially cabinet-level members; not specifically located within EOP

• The OHS mysteriously went away. Staff moved to the HSC and it was brought into the White House Office. 17

“Organizing for Homeland Security: The Homeland Security Council Reconsidered,” CRS Report for Congress RS22840, March 19, 2008.

Graham Allison’s Plan to Prevent Nuclear Terrorism The Three No’s.

• No Loose Nukes: requires securing all nuclear weapons and weapons-usable material on the fastest possible timetable, to a new “gold standard.”

• No New Nascent Nukes: requires no new national capabilities to enrich uranium or reprocess plutonium.

• No New Nuclear Weapon States: draws a line under the current eight nuclear powers and says unambiguously: “No more.”

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Graham Allison, Nuclear Terrorism: The ultimate preventable catastrophe, New York, Times Books, 2004.

Michael Levi model of nuclear defense •

What need’s to be done – – – –

System of layered defenses New strategic intelligence assessment of the nuclear threat. Coordination on a narrow scale Policy makers should reassess their approach to secrecy



Policy Makers should emphasize three goals – Develop plan that defines the responsibilities of each part of the federal, state, and local governments in preventing nuclear terrorism. – They should break down classification barriers that perversely prevent many potentially critical players in the defense from receiving information they need to do thier jobs most effectively such as those that prevent many law enforcement workers form learning how to identify materials or weapons components. – and they should promote international efforts to coordinate defenses and share information.



quotes – – –

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“Any broad defense against nuclear terrorism will involve too many parts and, perhaps more important, too many bureaucratic interests for it to be managed from above.”1 “…many of the tools needed for fighting nuclear terrorism are not nuclear-specific…That makes it impossible to cordon off nuclear terrorism and appoint a single powerful official to fully orchestrate a strategy against it.”2 “Still, coordination on a narrower scale is essential and feasible…A lead senior official reporting directly to the president should be appointed to coordinate nuclear-specific elements of a defense.”2

1. Michael Levi, On Nuclear Terrorism, Harvard University Press, p. 146, 2007 2. “Stopping Nuclear Terrorism,” Foreign Affairs, January/February, 2008.

Nuclear Defense Spectrum: Domestic The USG has a large, multi-agency approach across the entire Nuclear Defense Spectrum. However, capability gaps do remain. DeterDissuade DoD DoE DoS DHS DOJ IC EPA

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Detect

Interdict

Render Safe

Conseq. Mgmt.

Recovery

Domestic Nuclear Detection Office

• Domestic Nuclear Detection, (NSPD-43/HSPD-14, April 15, 2005) 1 – Detection was identified as the largest capability gap. – “…shall establish a national level Domestic Nuclear Detection Office (DNDO) within the Department of Homeland Security.” – Global Nuclear Detection Architecture • (i) the DNDO will be responsible for the implementation of the domestic portion of the global architecture; • (ii) the Secretary of Defense will retain responsibility for implementation of DOD requirements within and outside the United States; and • (iii) the Secretaries of State, Defense, and Energy will maintain their respective responsibilities for policy guidance and implementation of the portion of the global architecture outside the United States…

• DNDO Authorized in Statute – SAFE Port Act 2006 (PL 109-347) Title V – Language of bill is similar to HSPD-14

• DNDO mission expanded – Nuclear Forensics, Annex IV to HSPD-14 (July 3, 2007). 1. http://www.fas.org/irp/offdocs/nspd/nspd-43.html 21