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Length of Tenure for NNSA Administrators

The Augustine-Mies report recommended that the National Nuclear Security Administration (NNSA) Administrator’s position should be changed to a fixed-term position in order to ensure greater continuity of leadership in such a complex and technical organization.¹ After reviewing the law regarding the appointment of the NNSA Administrator, and the rationale presented by the Augustine-Mies report, the panel agrees that such a change should be made. The long-standing need for governance and management reform in the nuclear security enterprise illustrates the need for continuous, multiyear leadership at the top, which NNSA has not always had. Major change begins with clear, sustained direction from top leaders. In the case of governance and management reform, a strong direction could not be set until the current Administrator was installed in early 2018, and the associated culture change will require several more years at least. More generally, NNSA’s programmatic work has long time horizons that require a vision measured in decades.

The Administrator’s position is a Presidential appointment subject to Senate confirmation (PAS). The time required for the President to nominate a new Administrator, coupled with the time for Senate confirmation, has resulted in long gaps without a confirmed Administrator. Since the position was created in 2000, there have been four transitions to new Administrators, with an average gap of 247 days, as shown in Table 4.1. Acting Administrators have been in place during the gaps, and they have met day-today needs. However, based on panel members’ experience, acting Administrators are less empowered, because they are by definition temporary, to bring about management changes and provide strong leadership.

In addition to the “gap issue,” the panel is concerned about the potential for turnover and short tenure in the Administrator position, which is especially problematic given NNSA’s specialized technologies and critical national security responsibilities. In its 20-year history, the NNSA Administrators have served an average of 2.1 years in the Administration within which they were appointed. Fortunately, succeeding Administrations of different political parties have kept them on for an average of 1.6 additional years, but there is no guarantee of that practice being followed for any given transition, and those added months may have a tenuous feel. Regardless, the average tenure of 3.7 years is short compared with the long timelines of NNSA’s work.

In light of these concerns, NNSA’s creation in 2019 of a new career senior executive position of Associate Principal Deputy Administrator is a welcome move. That new position provides greater front office continuity, because the Administrator and the Principal Deputy Administrator are political appointees.

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¹ Recommendation 3.3 of Congressional Advisory Panel on the Governance of the Nuclear Security Enterprise, 2014, A New Foundation for the Nuclear Enterprise: Report of the Congressional Advisory Panel on the Governance of the Nuclear Security Enterprise, http://cdn.knoxblogs.com/atomiccity/wpcontent/uploads/sites/11/2014/12/Governance.pdf?_ga=1.83182294.1320535883.1415285934, p. 28: “To provide needed seniority and continuity of leadership, the [Administrator] should be have the rank of Deputy Secretary or Under Secretary, be compensated at the rate of Executive Schedule Level II with a minimum six-year term.”

TABLE 4.1 Length of Time Between Senate-Approved Administrators at NNSA

The panel engaged in discussions with multiple individuals who have served in PAS positions both within NNSA and outside it to explore pros and cons of possibly recommending a fixed tenure for the Administrator. In order to change the current appointment period for the NNSA Administrator, Congress would have to amend the National Defense Authorization Act (NDAA; 42 U.S. Code § 7132(c), which provides for the appointment and Senate confirmation of the Administrator) to increase the typical tenure and thereby reduce significantly the gaps without a confirmed Administrator. The panel believes that the Administrator should remain a PAS appointee because, in the panel’s experience, that status is very important for ensuring that the Administrator is involved in discussions where NNSA should be represented.

There are precedents across the federal government for PAS officers being appointed with fixed terms, especially where the position calls for specialized technical knowledge and objectivity. The panel considered the following examples:

• Commissioner of the Internal Revenue Service (5 years)
• Administrator of the Federal Aviation Administration (5 years)
• Comptroller of the Currency (5 years)
• Director of the Mint (5 years)
• Director of the Bureau of the Census (5 years)
• Director of the National Science Foundation (6 years)
• Director of the Navy Strategic Systems Programs (6 years)
• Director of the Office of Financial Research, Department of the Treasury (6 years)
• Chairman of the Board of Veterans’ Appeals, Department of VA (6 years)
• Director of the Institute of Education Sciences, Department of Education (6 years)
• Director of NNSA’s Naval Nuclear Propulsion Program (8 years)
• Director of the Federal Bureau of Investigation (10 years)

The Augustine-Mies report recommended a term of “at least six years,” which would be somewhat aligned with the tenure of the leaders of the Navy Strategic Systems Programs and NNSA’s Naval Nuclear Propulsion Program.

An incumbent NNSA Administrator could, of course, leave prior to the end of the fixed-year term, and the President could always ask for an Administrator’s resignation. However, a fixed term seems likely to increase the time served by confirmed Administrators. Also, new appointments are less likely to be required during the first year of a new administration, during which many positions must be filled and delays are more likely to be lengthy.

Other changes to the law could be made to reduce gaps in the Administrator position. Even if his or her term is complete, the Administrator could be permitted to remain in office, without further review, until a successor is confirmed, as long as the President and the incumbent agree. Also, the law could provide a newly confirmed Administrator with a full fixed term rather than being limited to completing the predecessor’s term.

Recommendation. Congress should consider amending the National Nuclear Security Act to convert the position of National Nuclear Security Administration (NNSA) Administrator to a fixed term, still as a Presidential appointment subject to Senate confirmation.

The panel believes that the President, with the Senate’s encouragement, should continue to seek NNSA Administrator nominees who have the management and technical experience necessary to lead this important organization. The panel hopes that the changes it recommends will take better advantage of the skills of future appointees.