(7)
The NPR called for retaining the capability to deter or respond to a variety of contingencies, and for retaining Cold War-era nuclear weapons, at lower levels, to do so. Reducing the time toconduct a nuclear test supports a future decision to test and, to the critics, implies an intent to test. As noted, the Administration completed its congressionally-mandated Nuclear Posture Review (NPR) in December 2001. (31)
In action on the FY2003 National Defense Authorization Act, Representative Weldon initially offered an amendment on the House floor that, among other things, would have repealed theSpratt-Furse provision upon presidential certification that another nation conducted a nuclear testfor new or improved nuclear weapons, or that another nation was developing, in undergroundfacilities, WMD that could pose an imminent risk to the United States, or that the repeal "is in thenational security interest of the United States." The President signed the measure into law ( P.L.108-136 ) on November 24. (70)

	Advanced Concepts Initiative

		Description

For FY2004, the Administration requested $21.0 million for the Advanced Concepts Initiative (ACI). Of this amount, $15.0 million was for the Robust Nuclear Earth Penetrator (RNEP) weapon,discussed in the next section, and $6.0 million ($2.0 million for each of the three weapons labs) wasfor other advanced weapon concepts, discussed here. 108-137 ) on December 1. (98) U.S.nuclear weapons able to hold at risk such targets could be used not only for deterrence but also forcoercion and preemption. Critics citea 1992 letter by the first Bush Administration setting forth a presidential decision "to modify U.S.nuclear testing policy immediately, to impose limits on the number, purpose and yield of our tests. The FY2005 request is $27.6 million. The RNEP study, part of the Advanced Concepts Initiative, is examining the desirability and feasibility of modifying an existing B61 or B83 bomb to enable it to penetrate into the ground beforedetonating. Lower-yield weapons, even EPWs, may not suffice to destroy all buried targets. The FY2003 Energy and Water DevelopmentAppropriations Act included the amount requested for Stockpile R&D, the category within DirectedStockpile Work that includes RNEP. Issues for Congress

Would RNEP promote deterrence? With the end of the Cold War and the start of amoratorium on nuclear tests, the Clinton Administration required a U.S. ability to conduct a nucleartest in at most 24 to 36 months of a presidential order to conduct the test. (223)
In action on the FY2003 National Defense Authorization Act, P.L. (224)
The required report, with a cover date of April 2003, recommended a test readiness posture of 18 months; estimated that achieving this posture by the end of FY2005 would cost $83 million forthe three-year transition period and that sustaining it would cost $25-$30 million a year thereafterfor resources unique to nuclear testing, vs. about $15 million a year for this purpose for the currentposture; assessed that the erosion of expertise over time due to retirements and the long time sincethe last nuclear test make the 24-36 month posture more likely a 36-month posture, with even that"viewed as increasingly at risk"; and argued that a 6-12 month posture would require "a substantialdiversion of personnel and facilities at the laboratories and production plants," and at the shorter endof that posture "would represent a major redirection of the stockpile stewardship program." Those who would enhance test readiness argue that the current posture is simply too long. Concluding Observations

Debate over the four nuclear initiatives will in all likelihood continue for some years. Supporters argue: lifting the ban on low-yield R&D simply permits scientists to study the full rangeof weapon issues, as is the case for scientists in all other nuclear weapon states; ACI is forearly-stage studies; and RNEP is just a study that at most could lead merely to adding a second typeof earth penetrator weapon to the U.S. inventory. In turn,military requirements for these new weapons will lead to testing, and enhanced test readiness willpermit expedited testing and deployment of these weapons. Nuclear weapons tailored to destroy chemical and biologicalagents may not be needed.
The Bush Administration completed its congressionally-mandated Nuclear Posture Review in December 2001. The review led to major changes in U.S. nuclear policy. It found that the Cold Warrelationship with Russia was "very inappropriate" and that this nation must be able to deal with newthreats. It planned to retain Cold War-era nuclear weapons, which would suffice for manycontingencies, though at reduced numbers. To complement these weapons so as to improve U.S.ability to deal with new, more dispersed threats in various countries, the Administration sought toexplore additional nuclear capabilities.
Accordingly, the FY2004 request included four nuclear weapon initiatives: (1) rescinding the ban that Congress imposed in 1993 on R&D on low-yield nuclear weapons; (2) $6 million for theAdvanced Concepts Initiative (ACI) to begin certain studies of weapon-related science andtechnology; (3) $15 million to continue a study of the Robust Nuclear Earth Penetrator (RNEP), inwhich an existing bomb would be converted into a weapon able to penetrate into the ground beforedetonating to improve its ability to destroy buried targets; and (4) $25 million to enable the UnitedStates to conduct a nuclear test within 18 months of a presidential order to test, and for relatedpurposes, as compared with the current 24-36 month time that was set shortly after the end of theCold War. Congress acted on these requests in the FY2004 National Defense Authorization Act( P.L. 108-136 ), and acted on the latter three in the FY2004 Energy and Water DevelopmentAppropriations Act ( P.L. 108-137 ). For FY2005, the Administration requests $9.0 million for ACI,$27.6 million for RNEP, and $30.0 million for improving nuclear test readiness.
These initiatives are controversial. Supporters claim that the first three initiatives would enhance deterrence, thereby reducing the risk of war, and that some weapons that might result fromthe initiatives could enable the United States to destroy key targets in nations that may pose a threat. Critics are concerned that these initiatives would lead to nuclear testing, increase the risk of nuclearproliferation, and make U.S. use of nuclear weapons more likely. Regarding enhanced test readiness,the Administration argues that nuclear testing might be needed, for example, to check fixes toweapon types with defects, and that 24 to 36 months is too long to wait; critics are concerned thatshortening the time to test could signal a U.S. intent to test, and that renewed testing could lead toa renewed interest in testing by other nations.
This report provides the policy context for the four initiatives. For each, it then presents a description, history, FY2004 legislative actions, the FY2005 request (for all but low-yield R&D),and issues for Congress. It is designed for those who want a detailed introduction to the debate,those seeking arguments and counterarguments, and those looking for answers to specific questions. It will track congressional and executive actions on these initiatives through updates as developmentswarrant.