LegiStorm

Summary:

Most current U.S. nuclear warheads were built in the 1970s and 1980s and are being retained longer than was planned. Yet they deteriorate and must be maintained. To correct problems, a Life Extension Program (LEP), part of a larger Stockpile Stewardship Program (SSP), replaces components. Modifying some components would require a nuclear test, but the United States has observed a test moratorium since 1992. Congress and the Administration prefer to avoid a return to testing, so LEP rebuilds these components as closely as possible to original specifications. With this approach, the Secretaries of Defense and Energy have certified stockpile safety and reliability for the past 12 years without nuclear testing. The National Nuclear Security Administration (NNSA), the Department of Energy (DOE) component that operates the U.S. nuclear weapons program, would develop the Reliable Replacement Warhead (RRW). For FY2005, Congress provided an unrequested $9.0 million to start RRW. The FY2006 RRW appropriation was $24.8 million, and the FY2007 operating plan had $35.8 million. For FY2008, the request was $88.8 million for NNSA and $30.0 million for the Navy; Congress appropriated no RRW funds for NNSA and $15 million for the Navy. For FY2009, DOE requested $10.0 million for RRW. The Navy requested $23.3 million for RRW but said it prepared its request before Congress eliminated NNSA RRW funds and that the Navy funds would not be used for RRW. The House Armed Services Committee, in its report H.R. 5658, the FY2009 defense authorization bill, recommended eliminating Navy and NNSA RRW funds while adding funds for the Navy and NNSA for related purposes. The House defeated an amendment to add $10.0 million in NNSA RRW funds to H.R. 5658. The Senate Armed Services Committee recommended retaining NNSA's request for RRW but eliminating the Navy's request. The FY2009 National Defense Authorization Act, P.L. 110-417, contained no RRW funds for the Navy or NNSA. Both appropriations committees recommended eliminating NNSA RRW funds for FY2009. Neither P.L. 110-329, Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009, nor the FY2009 Supplemental Appropriations Act, P.L. 111-32, contained NNSA RRW funds. Neither appropriations committee marked up the Department of Defense (DOD) appropriations bill, but P.L. 110-329, Division C, the DOD appropriations bill, contained no Navy RRW funds. For FY2010, the Administration canceled the RRW program and requested no RRW funds. No bills contained RRW funds, but a provision in the House and Senate defense authorization bills would strike Section 4204a of the Atomic Energy Act directing DOE to establish the RRW program. NNSA argues it will become harder to certify current warheads with LEP because small changes may undermine confidence in warheads, perhaps leading to nuclear testing, whereas new-design replacement warheads created by the RRW program will be easier to certify without testing. Critics believe LEP and SSP can maintain the stockpile indefinitely. They worry that untested RRWs may make testing more likely and question cost savings, given high investment cost. They note that there are no military requirements for new weapons. Others feel that neither LEP nor RRW can provide high confidence over the long term, and would resume testing. Another point of view is that either LEP or RRW will work without nuclear testing. This report provides background and tracks legislation. It will be updated to reflect final FY2010 congressional action on RRW. See also CRS Report RL33748, Nuclear Warheads: The Reliable Replacement Warhead Program and the Life Extension Program, by Jonathan Medalia, which compares these two programs in detail.