The hearing will come to order. A number of members on both sides of the aisle have raised questions about the executive authorities with respect to warmaking and the use of Nuclear Weapons, entering into an agreement with other countries. This is the first time the Foreign Relations committee of the senate or house has met on this topic since 1976. Warng the decision to go to is a heavy responsibility for our nations elected leaders. The Atomic Energy act of 1946 and the practices represent the use of Nuclear Weapons must be subject to political control. This is why no general or admiral has the authority to order the use of Nuclear Weapons, only the president , the elected political leader of the United States has this authority. The Nuclear Arms Race between ussrnited states and the dramatically increase the risk of Nuclear Conflict. We plan for the end thinkable him how to get missiles in the air without within those few coulds before warheads destroy our ability to respond. There is no time for debate. Having such forces at the ready has been successful deterring are an attack and we grateful, but this process means the president has the Sole Authority to give that order. Whether real or responding to a Nuclear Attack or not. Once that order is given there is no way to revoke it. I would not support changes that would reduce our deterrent of adversaries or reassurance of our allies but i would like to reality of this system. I want to thank our distinguished witnesses and withrs of this committee which they approach this topic before us today and hope that together we can have a productive and enlightened discussion about this issue. I would like to turn to my friend senator gardner. I must always thank you for holding hearings. But i really do believe this is a critically important discussion to have not just with ourselves but with the American People. Whatalways amazed as to subject come up at town Hall Meetings through maryland. Most subjects deal with local economic or domestic issues. Town hallnormally get national questions at townHall Meetings. I have been getting questions about can the president order a Nuclear Attack without any controls . That is asked more and more by the American People. It is fueled by comments made by President Trump in regards to north korea. According be president , north korea best not make any more threats to the United States. They will be met with fire and theory like the world has never seen, or the president s comments will have no choice but to totally destroy north korea. Mean therpret that to president is actively considering the use of Nuclear Weapons in order to deal with the threat of north korea. That is frightening. Has the chairman pointed out based on my understanding, there are no checks on the president s authority. The system as it is set up today provides the president with the ultimate authority to use Nuclear Weapons. That was developed because of reality of the security of our country, the Nuclear Command and control system we have in place is the result of three factors. The particular threat and challenge of the cold war, the United States faced a nuclear arms adversary in the soviet union with a large and capable nuclear force. There was a strategy of mutually assured destruction which placed distinct commands on our command and control system. Physics. F icbm launched from russia to the United States would have a 30 minute flight time. Re was a time to can feed convene a special session. The president s team had a short window to identify, communicate and decide, and if necessary launch a nuclear force. There was no time for consultation. Behind usar may be but such a scenario based on the need for the to terror a Nuclear Attack remains the driving force behind the current command and control architecture today. The final factor rests with the fact that Nuclear Weapons since their development have been considered unique. Not like any other military weapon. Starting under president truman, the point was made the white house was in charge of the atomic bomb, not the military. Nuclear bombs were not a military weapon. It was used by the controlled forces under strict control of civilian officials. Is our highest elected civilian official and commander in the constitution and played a role with this unique weapon. The president and only the president assume the unchecked power to launch Nuclear Attacks. You have got to understand this is a military weapon. It is used to wipe out unarmed people. We have got to treat this thing differently from rifles and cannons. Nuclear weapons remain unique but we face a different question than the one we faced in the cold war. Revisit this question on whether a single individual should have Unchecked Authority to launch a Nuclear Attack under all circumstances including the right to use it as a first strike. The most likely attack is not a massive surprise from russia or china but a Nuclear Conflict that springs from a conflict with the Smaller Nuclear forces such as north korea. In this circumstance where the face theates would not same pressure it may be possible and wise for the president to take the time to consult congress before the profound decision to use Nuclear Weapons is made. I would like to be able to tell my constituents we have a system and plays that prevents and a rational decision to use Nuclear Weapons. Unfortunately i cannot make that assurance today. Hearing fromd to our distinct witnesses. I would like to acknowledge, mr. Mckinnons presence here as a former counsel to this committee here, it is nice to have him back before our committee. Thank you. Our first witness, the commander of United StatesStrategic Command from 2011 to 2013. Thank you for your service to our country. Our second witness, dr. Peter dr. Peter fever. And, thank you for coming back. All of you are familiar. If you could summarize your comments in five minutes we would appreciate that. Any written materials will be incident to the record. In the orderoceed introduced we would appreciate it. Thank you. Good morning distinguished members of the committee. T is my honor to appear today i am pleased took care with these outstanding panelists and colleagues to my right. Command and control is an important component of our deterrent and i thank you for taking the time to understand it better. The views are mine. I no longer represent the u. S. Air force or Strategic Command. I will bring the perspective of almost four decades of military service to my remarks today. Much of that was a Nuclear Related duty. Some of the most go closely guarded secrets are associated with Nuclear Weapons and the process as well. There are limits on what i can say even if some aspects of this matter are discussed openly by others. I would like to make three brief remarks. Has this committee knows well, the u. S. Faces more complex Security Problems and greater uncertainty than during the cold war. Nuclear weapons are not gone from affairs. Russia and china are modernizing their forces as the basis of strategies designed to expand at our expense and the expense of our allies. Russia makes explicit Nuclear Threats to include the threat of the Nuclear First use. China will deploy submarines chapter in their nuclear history. North korea threatens our regional allies and is pursuing the capability to pursue the u. S. Directly. I ran remains a country of interest. Like strategic threats Cyber Weapons and threats against critical space assets have emerged and can arrive at our doorstep quickly. Nuclear weapons remain important in the strategies of potential adversaries. Well the u. S. Nuclear force is far smaller, postured less aggressively occupies a less prominent place in our defense strategy, Nuclear Deterrence remains crucial to our defense and teejic stability. There is an old saying i have used many times. Deterrence exists when an adversary believes they cant achieve their objectives. The Nuclear Weapons prevent actual use of these weapons against us and our allies, which is their primary purpose. Compel adversaries to ponder consequences of their actions before they act and get the need allies to require their own. No other weapon can replace the deterrent value of Nuclear Weapons to control Nuclear Forces under all conditions of crisis remains central to the credibility of the deterrent. U. S. Nuclear forces operate under strict civilian control, only the president of the United States can order Nuclear Weapons and the president s ability to exercise that authority and direction is insured by people, processes and capabilities that comprise the Nuclear Command and control system. This is controlled by human beings. Nothing happens automatically. The system is designed to do two important things. Enableesigned to unauthorized use of Nuclear Weapons. And, to do so in the face of a wide variety of scenarios including a Nuclear Attack. , a challenge of a cold war short notice massive attack while less likely today i would agree still exists. A colleague of mine has always said that when you are looking at it adversary, you have to look at capability and intent. Russians may not have the intent of attacking us today, but they retain the capability to do so. So long as they do we have to deter that capability. The Nuclear Decision process , anddes assessment, review consultation between the United States and military leaders. Any decision by the forces themselves. Characterized by layers of safeguards and reviews. I think it is important to remember the United States military doesnt blindly follow orders. President ial order to employ Nuclear Weapons must be legal. The basic legal principles of military necessity apply to Nuclear Weapons just as they do to every other weapon. It was my job, and the job of ther Senior Leaders like secretary of defense and other commanders to make sure these principles were applied to nuclear orders. I want to urge caution as you consider these measures. Changes can have profound implications for deterrence or extended deterrence and the confidence of the men and women in the Nuclear Forces. Thank you for inviting me. I look forward to your questions. Thank you. Chairman corker, distinct members of the committee, thank you for the opportunity to discuss this important topic which i will refer to as Nuclear Command and control. In the past, congress has played a vital role in pushing the executive branch to strengthen command and control. The time may be right for another close look. We must proceed with some caution because the topic is complex and susceptible to unintended consequences. First, at the heart of Nuclear Command and control is what might be called the always never dilemma. We must have a high assurance the country will always be able to present a credible Nuclear Strike capability to our adversaries, even in the most dire scenarios. Because even a single Nuclear Detonation would be so consecration it might trigger a spiral that would lead to civilization threatening outcomes, we must have a high assurance there will never be an accidental or unauthorized use of Nuclear Weapons. Measures designed to improve the always side of the equation can compromise the negative side and vice versa. Predelegating the authority to use Nuclear Weapons to lower echelons may fork and enemies first strike planning that would increase the risk a weapon might be used in an unauthorized fashion. The history of Nuclear Command and control is the history of civilian and military leaders debating a proper balance between always and never. It is a history of occasional discoveries the risks on one side or the other side were greater than originally understood, and it is the history of improvements like locks thataction, blocked detonation of a weapon without inserting the pin code, press to buy farseeing congressional advocates. These improvements may have helped forestall disaster. This brings me to my second point. We must be willing to invest the funds to Keep Technology up to date but in the Nuclear Command and control business, hardware is trumped by software, software is trumped by wetware. Hardware is the Technology Like i just mentioned. Software is the rules and procedures that govern how the hardware is used. The code Management System that determines who has the codes, and who can release them. Wetware refers to the Human Element, reliability of people involved in enforcing the rules and the Civil Military relations that form political context in which the software and hardware operate. At the end of the day what would matter most is the Human Element. With the president s advisers provide timely counsel, and would that shape the president s decisions . With the chain of command recognize a valid nuclear use order as being legal given the militarys training to refuse to implement illegal orders. Would subordinate elements do what they are supposed to do, no more and no less but with appropriate judgment. This last point cannot be over emphasized. For decades it has been possible to build a Nuclear Command and control system that would eliminate the Human Element altogether. Every generation of strategic leaders has understood such a. Ystem would be foolhardy the Human Element introduces risks but it also introduces the opportunity to mitigate risks. This brings me to my third point. The best reforms would be ones that maximize the opportunity for the Human Element to mitigate risks by maximizing time for deliberation and assessment. Efforts to extend decision times must not run afoul of the always never dilemma. I conclude with my fourth and final point. The time is right for a fresh look. Changes in Communications Technology and involving that rapidly evolving Cyber Threats would justify a fresh examination. Threats warned about five years ago have become urgent realities today. Our Divisive Political environment has raised new doubts about the effectiveness of all branches of government to wield the power they possess responsibly. In that context, a review of Nuclear Command and control the shore of Nuclear Confidence in this area. Outside experts have suggested many possible improvements worth considering. There are a variety of proposals that involve requiring certifications by additional cabinet officials of launch orders. However, all of these proposals raise constitutional questions about usurping president ial authority. Because the operation of the Current System is exceeding exceedingly complex i wouldnt recommend diligence and perseverance in oversight of the system to reassure friends and born enemies and warned enemies. Thank you. Thank you for your invitation to be here today. It is nice to be back in this room after spending so many years working on the staff of this committee. I am very impressed by how quickly you have mustered a quorum, having spent numerous hours waiting for that 10th senator to show up. Once one of the rare times that occurred. Thank you. Addressill briefly three questions. Who has the authority to employ Nuclear Weapons . President does. His commander in chief under the constitution, the Sole Authority within the executive branch for such a decision. Some authority is delegated to the secretary of defense and appro