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The Department of Homeland Security's (DHS) draft National Response Framework proposes much-needed improvements for disaster preparedness and response. As currently written, however, the framework also ignores--and is likely to subvert--key changes that Congress enacted in Post-Katrina Emergency Management Reform Act of 2006. Congress had compelling reasons to adopt those changes. The draft framework overlooks the concerns that helped shape the legislation Congress enacted, and would put the nation at risk to some of the same systemic failures that hobbled the Federal response to Katrina.

I will open my testimony by examining the framework's most glaring departure from the reforms Congress enacted in 2006: the proposal that disaster preparedness and response efforts be led by the Secretary of the Department of Homeland Security, rather than by the Administrator of the Federal Emergency Management System (FEMA). I will then briefly explain why I believe Congress made the correct decision in assigning that leadership responsibility and authority to the FEMA Administrator, and why the shift proposed by the draft framework would put the emergency management system at such risk. I will conclude by raising some additional issues that the Subcommittee may wish to consider as it reviews the draft framework, especially those involving the uncertainties that continue to surround response to catastrophic events.

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Testimonies
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U.S. House of Representatives, Committee on Transportation and Infrastructure, Subcommittee on Economic Development, Public Buildings, and Emergency Management
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On April 19, 2007, the Preventive Defense Project convened a workshop of leading federal government civilian and military officials, scientists, policy experts, and journalists to address the actions that can and should be taken in the 24 hours following a nuclear blast in a U.S. city.

Through efforts like the Nunn-Lugar program, the U.S. government and many of the Day After Workshop participants, including us, have long sought to prevent nuclear weapons and fissile materials from falling into new and threatening hands, especially terrorists. But we all know that these efforts have not reduced the probability to zero. It is also a common refrain among policy thinkers concerned with the growing nuclear threat--again, ourselves included--to frame the issue of prevention in terms of a provocative question, "On the day after a nuclear weapon goes off in a U.S. city, what will we wish we had done to prevent it?"

But our Preventive Defense "Day After Workshop" asked a different question: "What will we actually do on the day after prevention fails?" What will we want to do? How can we prepare now to be able to do it? We asked the distinguished participants in the Workshop to catapult themselves vividly and concretely into the aftermath of a nuclear detonation on a U.S. city. The needed actions by government and the public on the Day After will fall into two categories: actions to recover from the first detonation, and actions to prevent a second detonation. The Workshop addressed both types of action in as much detail, including technical detail, as possible. Topics included emergency response, evacuation and sheltering, immediate radiation effects, follow-on threats to the first nuclear weapon, attribution and retaliation, and the long process of cleanup--especially the uniquely difficult problem of fallout and residual radioactivity.

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Policy Briefs
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Preventive Defense Project, Harvard and Stanford Universities
Authors
Michael M. May
William J. Perry
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On April 28, 2004, the United Nations Security Council, acting under Chapter VII of the UN Charter, unanimously passed UNSC 1540. The resolution "decided that all States shall refrain from providing any form of support to non-state actors" attempting to obtain or use weapons of mass destruction, "adopt and enforce appropriate effective laws" to that effect, and "take and enforce effective measures to "prevent the proliferation of" WMD. To carry out its part of this mandate, the UNSC established and renewed a Committee, which has mainly and usefully assisted States in adopting "appropriate effective laws." This study, in collaboration with Committee members, has focused on implementation mechanisms and indicators of performance in border and exports controls, securing materiel and facilities, and adapting controls to State needs. We conclude that the most meaningful measures of implementation need to be more broadly adopted and that the 1540 Committee needs a more extensive staff in order to extend its role to disseminate States' experience with those measures. We also conclude that mechanisms need to be developed to facilitate information sharing between the Committee and the private sector.

Michael May is a professor emeritus (research) in the Stanford University School of Engineering and a senior fellow with the Freeman Spogli Institute for International Studies at Stanford University. He is the former co-director of Stanford University's Center for International Security and Cooperation, having served seven years in that capacity through January 2000. May is a director emeritus of the Lawrence Livermore National Laboratory, where he worked from 1952 to 1988, with some brief periods away from the Laboratory. While there, he held a variety of research and development positions, serving as director of the Laboratory from 1965 to 1971. May was a technical adviser to the Threshold Test Ban Treaty negotiating team; a member of the U.S. delegation to the Strategic Arms Limitation Talks; and at various times has been a member of the Defense Science Board, the General Advisory Committee to the AEC, the Secretary of Energy Advisory Board, the RAND Corporation Board of Trustees, and the Committee on International Security and Arms Control of the National Academy of Sciences. He is a member of the Council on Foreign Relations and the Pacific Council on International Policy, and a Fellow of the American Physical Society and the American Association for the Advancement of Science. May received the Distinguished Public Service and Distinguished Civilian Service Medals from the Department of Defense, and the Ernest Orlando Lawrence Award from the Atomic Energy Commission, as well as other awards. His current research interests are in the area of nuclear and terrorism, energy, security and environment, and the relation of nuclear weapons and foreign policy.

Chaim Braun is a vice president of Altos Management Partners, Inc., and a CISAC science fellow and affiliate. He is a member of the Near-Term Deployment and the Economic Cross-Cut Working Groups of the Department of Energy (DOE) Generation IV Roadmap study. He conducted several nuclear economics-related studies for the DOE Nuclear Energy Office, the Energy Information Administration, the Electric Power Research Institute, the Nuclear Energy Institute, Non-Proliferation Trust International, and others. Braun has worked as a member of Bechtel Power Corporation's Nuclear Management Group, and led studies on power plant performance and economics used to support maintenance services. Braun has worked on a study of safeguarding the Agreed Framework in North Korea, he was the co-leader of a NATO Study of Terrorist Threats to Nuclear Power Plants, led CISAC's Summer Study on Terrorist Threats to Research Reactors, and most recently co-authored an article with CISAC Co-Director Chris Chyba on nuclear proliferation rings. His research project this year is entitled "The Energy Security Initiative and a Nuclear Fuel Cycle Center: Two Enhancement Options for the Current Non-Proliferation Regime."

Allen Weiner is an associate professor of law (teaching) at the Stanford Law School, as well as the inaugural Warren Christopher Professor of the Practice of International Law and Diplomacy, a chair held jointly by FSI and the Stanford Law School. He is also an affiliated faculty member at CISAC. His expertise is in the field of public international law and the foreign relations law of the United States. His work focuses on the effect of positive international law rules on the conduct of foreign relations and other implications for the behavior of states, courts (both national and international), and other international actors. Current research interests focus on international law and the response to the contemporary security threats of international terrorism and the proliferation of weapons of mass destruction. He teaches courses in public international law and international criminal law at Stanford Law School. Before coming to Stanford, Weiner served for 12 years as a career attorney in the U.S. Department of State. He served in the Office of the Legal Adviser in Washington, D.C. (1990-1996) and at the U.S. Embassy in The Hague (1996-2001), most recently as legal counselor, in which capacity he served as the U.S. Government's principal day-to-day interlocutor with the international legal institutions in The Hague, including the International Court of Justice, the International Criminal Tribunal for the Former Yugoslavia, and the Iran-United States Claims Tribunal. He received a BA from Harvard College and a JD from Stanford Law School.

Roger Speed is a physicist formerly with the Lawrence Livermore National Laboratory and now an affiliate of CISAC. He has also worked at the National Academy of Sciences, at R&D Associates, and, as a Peace Fellow, at the Hoover Institution, where he wrote a book on strategic nuclear policy. He has served on a number of defense-related committees, including ones for the Office of Undersecretary of Defense for Policy, the American Physical Society, the U.S. Navy (Non-Acoustic ASW Panel), the National Academy of Sciences, and the Air Force Space and Missile Systems Organization. He has conducted a broad range of national security studies for the Department of Defense, Department of Energy, and Central Intelligence Agency in such areas as arms control, strategic deterrence, nuclear war, ballistic missile defense, nuclear weapons safety, and the survivability of strategic systems.

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Professor, Management Science and Engineering, Emeritus
FSI Senior Fellow
CISAC Faculty Member
Not in Residence
michaelmayrsd17_040_0117aa.jpg PhD

Michael May is Professor Emeritus (Research) in the Stanford University School of Engineering and a senior fellow with the Freeman Spogli Institute for International Studies at Stanford University. He is the former co-director of Stanford University's Center for International Security and Cooperation, having served seven years in that capacity through January 2000.

May is a director emeritus of the Lawrence Livermore National Laboratory, where he worked from 1952 to 1988, with some brief periods away from the Laboratory. While there, he held a variety of research and development positions, serving as director of the Laboratory from 1965 to 1971.

May was a technical adviser to the Threshold Test Ban Treaty negotiating team; a member of the U.S. delegation to the Strategic Arms Limitation Talks; and at various times has been a member of the Defense Science Board, the General Advisory Committee to the AEC, the Secretary of Energy Advisory Board, the RAND Corporation Board of Trustees, and the Committee on International Security and Arms Control of the National Academy of Sciences. He is a member of the International Institute on Strategic Studies, and a Fellow of the American Physical Society and the American Association for the Advancement of Science.

May received the Distinguished Public Service and Distinguished Civilian Service Medals from the Department of Defense, and the Ernest Orlando Lawrence Award from the Atomic Energy Commission, as well as other awards.

His current research interests are nuclear weapons policy in the US and in other countries; nuclear terrorism; nuclear and other forms of energy and their impact on the environment, health and safety and security; the use of statistics and mathematical models in the public sphere.

May is continuing work on creating a secure future for civilian nuclear applications. In October 2007, May hosted an international workshop on how the nuclear weapon states can help rebuild the consensus underlying the Nuclear Non-Proliferation Treaty (NPT). Proceedings and a summary report are available online or by email request. May also chaired a technical working group on nuclear forensics. The final report is available online.

In April 2007, May in cooperation with former Secretary of Defense William J. Perry and Professor Ashton Carter of Harvard hosted a workshop on what would have to be done to be ready for a terrorist nuclear detonation. The report is available online at the Preventive Defense Project. A summary, titled, "The Day After: Action Following a Nuclear Blast in a U.S. City," was published fall 2007 in Washington Quarterly and is available online.

Recent work also includes a study of nuclear postures in several countries (2007 - 2009); an article on nuclear disarmament and one on tactical nuclear weapons; and a report with Kate Marvel for the American Academy of Arts and Sciences on possible game changers in the nuclear energy industry.

Date Label
Michael M. May Speaker
Chaim Braun Speaker

Stanford Law School
559 Nathan Abbott Way
Neukom Faculty Office Building, Room N238
Stanford, CA 94305-8610

(650) 724-5892 (650) 725-2592
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Senior Lecturer in Law
Director, Stanford Program in International Law
Co-Director, Stanford Center on International Conflict and Negotiation
CISAC Core Faculty Member
Europe Center Affiliated Faculty
rsd25_073_0376a.jpg JD

Allen S. Weiner is senior lecturer in law and director of the Stanford Program in International Law at Stanford Law School. He is also the co-director of the Stanford Center on International Conflict and Negotiation. He is an international legal scholar with expertise in such wide-ranging fields as international and national security law, the law of war, international conflict resolution, and international criminal law (including transitional justice). His scholarship focuses on international law and the response to the contemporary security threats of international terrorism, the proliferation of weapons of mass destruction, and situations of widespread humanitarian atrocities. He also explores the relationship between international and domestic law in the context of asymmetric armed conflicts between the United States and nonstate groups and the response to terrorism. In the realm of international conflict resolution, his highly multidisciplinary work analyzes the barriers to resolving violent political conflicts, with a particular focus on the Israeli-Palestinian conflict. Weiner’s scholarship is deeply informed by experience; for more than a decade he practiced international law in the U.S. Department of State, serving as an attorney-adviser in the Office of the Legal Adviser and as legal counselor at the U.S. Embassy in The Hague. In those capacities, he advised government policy-makers, negotiated international agreements, and represented the United States in litigation before the Iran-United States Claims Tribunal, the International Criminal Tribunal for the Former Yugoslavia, and the International Court of Justice. He teaches courses in public international law, international conflict resolution, and international security matters at Stanford Law School.

Weiner is the author of "Constitutions as Peace Treaties: A Cautionary Tale for the Arab Spring” in the Stanford Law Review Online (2011) and co-author (with Barry E. Carter) of International Law (6th ed. 2011). Other publications include “The Torture Memos and Accountability" in the American Society of International Law Insight (2009), "Law, Just War, and the International Fight Against Terrorism: Is It War?", in Intervention, Terrorism, and Torture: Contemporary Challenges to Just War Theory (Steven P. Lee, ed.) (2007), ”Enhancing Implementation of U.N. Security Council Resolution 1540: Report of the Center on International Security and Cooperation” (with Chaim Braun, Michael May & Roger Speed) (September 2007), and "The Use of Force and Contemporary Security Threats: Old Medicine for New Ills?", Stanford Law Review (2006).

Weiner has worked on several Supreme Court amicus briefs concerning national security and international law issues, including cases brought involving "war on terror" detainees.  He has also submitted petitions before the United Nations Working Group on Arbitrary Detention on behalf of Vietnamese social and political activists detained by their governing for the exercise of free speech rights.

Weiner earned a BA from Harvard College and a JD from Stanford Law School.

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Allen S. Weiner Speaker
Roger Speed CISAC Affiliate Speaker Stanford University
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This paper analyzes what might be expected to happen if a 10-kiloton nuclear bomb exploded in a U.S. city; the example used for this analysis is San Francisco. The analysis draws from research projects the author has done in recent years for the Department of Homeland Security and other government organizations, including observing and providing critique on TOPOFF 2 (Top Officials), an exercise of federal, state, and local emergency response systems to terrorist attacks. The paper summarizes a number of talks the author has given to students and professionals working on security issues.

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Working Papers
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CISAC
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Michael M. May
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Erez Manela is an assistant professor of history at Harvard University, specializing in international history and the history of the United States in the world. He received his PhD from Yale University in 2003, winning the John Addison Porter Prize and the Mary and Arthur Wright Prize for his dissertation.

His first book, The Wilsonian Moment: Self-Determination and the International Origins of Anticolonial Nationalism, will be published in 2007 by Oxford University Press. His other publications include articles in the American Historical Review, International Journal, Diplomacy & Statecraft, and Middle Eastern Studies, and a number of essays in edited volumes.

Among the fellowships he has held are a National Endowment for the Humanities Fellowship, a Baruch/Marshall Fellowship, a Fulbright Fellowship, and a John M. Olin Fellowship for National Security at Harvard.

Manela is currently working on a history of the global campaign to eradicate smallpox in the twentieth century.

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Erez Manela Assistant Professor of History Speaker Harvard University
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This talk will focus on Ian J. Bickerton's new book entitled Unintended Consequences: The United States at War, co-authored by Kenneth J. Hagan.

Ian J. Bickerton (speaker) is a visiting research fellow and former associate professor of history at the University of New South Wales, Sydney, Australia. He has researched and published extensively on United States foreign relations, paying particular attention to China, Israel, and the Middle East. He has also focused much of his work on the Arab-Israeli conflict and the Gulf War. He is the author or co-author of numerous books, including A Concise History of the Arab-Israeli Conflict (2007). He received his BA from Adelaide University, his MA from Kansas State University, and his PhD from Claremont Graduate School.

Kenneth Schultz (respondent) is an associate professor of political science at Stanford University and an affiliated faculty member at CISAC. His research examines how domestic political factors such as elections, party competition, and public opinion influence decisions to use force in international disputes and efforts to negotiate the end of international rivalries. He is the author of Democracy and Coercive Diplomacy (Cambridge University Press, 2001), as well as a number of articles in scholarly journals. He is the recipient of several awards, including the 2003 Karl Deutsch Award, given by the International Studies Association to a scholar under the age of 40 who is judged to have made the most significant contribution to the study of international relations and peace research. Schultz received his BA in Russian and Soviet studies from Harvard University and his PhD in political science from Stanford University.

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Ian J. Bickerton Visiting Research Fellow, School of History Speaker University of New South Wales, Australia

Department of Political Science
Stanford University
Encina Hall West
Stanford, CA 94305-6044

(650) 736-1998 (650) 723-1808
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Professor of Political Science
CISAC Core Faculty Member
schultz.jpg PhD

Kenneth A. Schultz is professor of political science and a CISAC core faculty member at Stanford University. His research examines international conflict and conflict resolution, with a particular focus on the domestic political influences on foreign policy choices.  He is the author of Democracy and Coercive Diplomacy and World Politics: Interests, Interactions, and Institutions (with David Lake and Jeffry Frieden), as well as numerous articles in peer-reviewed scholarly journals. He was the recipient the 2003 Karl Deutsch Award, given by the International Studies Association, and a 2011 Dean’s Award for Distinguished Teaching, awarded by Stanford’s School of Humanities and Sciences. He received his PhD in political science from Stanford University.

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Kenneth Schultz Commentator
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