Final legislation has been developed in the House and Senate that responds
to the Bush Administration's nuclear weapons initiatives. The FY 2004
Energy and Water Development appropriations bill contains language and
funding supportive of the Administrations's requests regarding the development
of the Robust Nuclear Earth Penetrator, Advanced Concepts, and the readiness
posture of the Nevada test site.
The House and Senate versions of the Energy and Water Development
appropriations bill were very different in their treatment of the
Administration's requests. Republican Chairman David Hobson (Ohio)
and his fellow House appropriators' committee report criticized
congressional policymaking procedures, stating, "...this Committee
will not assume that all of the proposed nuclear weapons requests are
legitimate requirements." The House bill provided only one-third
of
the Administration's funding request for the Robust Nuclear Earth
Penetrator, and no money for Advanced Concepts definition studies or
funding to shorten test readiness posture at the Nevada site. The
House approved this bill, setting it on an eventual collision with
the Senate bill, crafted by Senator Pete Domenici (R-New Mexico).
Press accounts reported that one of the major points of contention in
this bill's conference committee was the language on the
Administration's nuclear weapons initiatives.
The final conference report language has been completed. In regard
to the Administration's $15.0 million request for the Robust Nuclear
Earth Penetrator, House Report 108-357 states:
"The conferees provide $7,500,000 for the Robust Nuclear Earth
Penetrator study, instead of $5,000,000 as proposed by the House and
$15,000,000 as proposed by the Senate. The conferees remind the Administration
that none of the funds provided may be used for activities at the engineering
development phases, phase 3 or 6.3, or beyond, in support of advanced
nuclear weapons concepts, including the Robust Nuclear Earth Penetrator."
Concerning the Administration's request of $6.0 million for Advanced
Concepts Definition Studies, such as low-yield nuclear weapons,
the report states:
"The conferees provide $6,000,000 for Advanced Concepts, as
proposed by the Senate, of which $4,000,000 is available for obligation
only after the official delivery of a revised Nuclear Weapons Stockpile
plan to Congress and a 90-day review period by the House and Senate
Committees on Appropriations and the Committees on Armed Services. The
revised Nuclear Weapons Stockpile plan should detail the Department
of Defense and Department of Energy's program plan and detailed schedule
to achieve the President's proposed inventory adjustments to the Total
Strategic Stockpile, including the Strategic Active Stockpile and Inactive
Stockpile, by weapon systems and warhead type."
Responding to the Administration's request to reduce the current 24-
36 month test readiness posture at the Nevada test site, the
report states:
"Within funds provided for program readiness activities the
conference agreement provides $24,891,000 for test readiness in Nevada,
the same as the [Bush Administration's] budget request. The conferees
recognize that test readiness activities in Nevada were allowed to atrophy
during the last decade under the current nuclear test moratorium as
documented by the DOE Inspector General and the NNSA's [National
Nuclear Security Administration] internal assessments. However, the
conferees expect the NNSA to focus on restoring a rigorous test readiness
program that is capable of meeting the current 24-month requirement
before requesting significant additional funds to pursue a more aggressive
goal of an 18-month readiness posture. The conferees expect the House
and Senate Appropriations Committees be kept informed on the progress
of restoring the current test readiness program. The conferees remind
the Administration that Congressional authorization must be obtained
before proceeding with specific activities that support the resumption
of testing."