Reiteration of Requirement for Congressional Approval for NuclearTesting

[John Jacobus <crispy_bird@YAHOO.COM>]

I thought this would be of interest.

------------

FYI

The American Institute of Physics Bulletin of Science

Policy News

Number 92: July 7, 2004



Reiteration of Requirement for Congressional Approval

for Nuclear Testing



During a brief exchange on the Senate floor during

consideration of the National Defense Authorization

Act, reassurance was sought and provided that future

nuclear weapons testing  requires the permission of

Congress.  The exchange occurred on June 23 between

Robert Bennett (R-Utah), Jon Kyl (R-Arizona), and Carl

Levin (D-Michigan).



Utah is downwind of the Nevada Test Site, and some of

Bennett's constituents are worried that the Robust

Nuclear Earth Penetrator (RNEP) project would require

resumption of testing.  The website for Bennett's

office has a section devoted to nuclear testing which

includes newspaper articles and excerpts from a March

23 appropriations hearing transcript.



At this hearing, Bennett pressed the Administrator of

the National Nuclear Security Administration (NNSA),

Linton F. Brooks,  about whether the Bush

Administration anticipates "testing at any foreseeable

time in the future."  Brooks replied "we do not now

foresee," and reiterated that Congress would have to

fund such testing.  The current NNSA appropriations

bill allocates $24.9 million for Nevada Test Site

readiness.  The accompanying report states, "The

conferees remind the Administration that Congressional

authorization must be obtained before proceeding with

specific activities that support the resumption of

testing."  Brooks confirmed the need for congressional

approval, but added, "If I find a problem that can

only be verified through testing, I would not hesitate

to recommend to the secretary and he would not

hesitate to recommend to the president that we test. I

have no reason to believe I'm going to find that

problem. But it is a hedge against the possibility of

finding that problem that we have asked for the money

to ensure that we are ready if that contingency

occurs. We have no reason to believe it's going to

occur."  Later, Bennett met with Brooks and also with

Deputy Secretary of Defense Paul Wolfowitz about

nuclear weapons testing.  Both subsequently sent

letters to Bennett reiterating their positions about

future testing (see below.)



To further reinforce the requirement for congressional

authorization for testing, Bennett engaged Kyl and

Levin in a colloquy on the Senate floor on June 23.  A

colloquy is establishes a legislative record.  Bennett

first asked Kyl "if he agrees that under current law,

a vote from Congress would have to occur before a test

could be conducted on RNEP?"  Kyl replied, "yes, I

agree that Congress would have to vote before a test

could be conducted."  Bennett asked the same question

of Levin, the Ranking Minority Member of the Senate

Armed Services Committee, who replied that, "Yes. I,

too, agree that Congress would have to vote before a

test could be conducted."



Bennett had originally planned to offer an amendment

to the defense authorization bill reiterating the need

for congressional authorization to resume testing.  

He decided not to, stating, "I have been dissuaded

from offering that amendment by the arguments of some

of my friends who insist it is unnecessary because it

would be simply a statement of existing law. I wanted

to be sure that was the case, and therefore I sought

assurances from both the Department of Energy and the

Department of Defense."  Selections from the Brooks

and Wolfowitz letters, which Bennet placed in the June

23 Congressional Record (p. S7275) follow:



- June 15 letter from NNSA Administrator Brooks to

Senator Bennett:



"First, let me state unequivocally this Administration

has no current plans or requirements to conduct an

underground nuclear test. The Stockpile Stewardship

Program is working today to ensure that America's

nuclear deterrent is safe, secure and reliable.

Currently there are no issues of sufficient concern to

warrant a nuclear test. I certainly understand the

concerns you and your constituents in Utah have with

nuclear testing at the Nevada Test Site. However, I

believe it is critical to maintain a readiness

capability at the NTS to conduct such a test in the

future if called for by the President of the United

States, in order to ensure the safety and/or

reliability of a weapon system. Therefore, I believe

it is important for us to work together to ensure that

the NNSA test readiness program continues to make

safety a top priority.



"Furthermore, I know you are concerned that the

ongoing RNEP study could lead to the resumption of

underground nuclear testing. The RNEP study will not

require an underground nuclear test. Should the

President support, and Congress approve, full-scale

engineering development of RNEP, the Administration

does not intend to conduct a nuclear test. From the

beginning, we have operated under the assumption that

resuming testing to certify RNEP is not an option and

for that reason, more than any other, the RNEP study

is only looking at two existing weapon systems, the

B-61 and the B-83. Both are well-proven systems with

an extensive test pedigree from the 1970s and 80s. I

would be happy to work with you and the Senate Armed

Services Committee to address your concerns on this

sensitive matter."



- June 23 letter from Deputy Secretary of Defense Paul

Wolfowitz to Bennett:



"I understand that you have concerns about the

Department's plans to study options for a Robust

Nuclear Earth Penetrator (RNEP) that would give the

United States the capability to threaten hardened, 

deeply buried targets in hostile nations.

Specifically, you have raised concerns that the

development of such a system could require the

resumption of underground nuclear testing.



"I want to assure you that the Administration has no

plans to conduct an underground nuclear test

associated with the development of RNEP. As National

Nuclear Security Administration Administrator Linton

Brooks recently wrote to you, 'the RNEP study is only

looking at two existing weapon systems, the B-61 and

B-83. Both are well-proven systems with an extensive

test pedigree from the 1970s and 80s.'



"If RNEP were to move from its current study phase to

development, such plans would be part of the

Administration's annual budget request to Congress.

The Administration's intentions concerning underground

nuclear testing during RNEP development, if different

from our current intentions, would be explicit in that

request. Congress would have the opportunity at that

time to debate and pass judgment on those plans."



###############

Richard M. Jones

Media and Government Relations Division

The American Institute of Physics

fyi@aip.org    http://www.aip.org/gov

(301) 209-3094

##END##########





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"To be persuasive, we must be believable,

To be believable, we must be credible,

To be credible, we must be truthful."

Edward R. Murrow



-- John

John Jacobus, MS

Certified Health Physicist

e-mail:  crispy_bird@yahoo.com





		

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