I attended the PONI debate last week between Joe Cirincione and Clark Murdock about whether the United States should modernize the arsenal with the Reliable Replacement Warhead. It was a very interesting and lively debate. I enjoyed myself, and that wasn’t just the Pabst Blue Ribbon I was drinking.

Murdock said a few things that are just plain false, and I want to talk about one of them — that Congress supposedly imposed a ham-handed definition of “new” nuclear weapons on the national laboratories. He implied that the definition prevents the modernization of the arsenal, by freezing us at an arbitrary point.

You can listen to the audio — provided you are not, like me, a Mac user — online. The comment occurs at the 25:08 mark. Here is Arms Control Wonk Super Intern Meri Lugo’s transcription:

The question of “new” and what constitutes “new” is an important theological discussion. Is it new military capabilities? Is a new weapon defined the way it is in legislation? That is, anything that we did not have before 1986 is by definition “new”?

My argument is that we are preserving a safe, secure and reliable warhead, I mean deterrent, and that is going to require a range of modernization options which includes life extension programs, it includes the extensive use of components and in some of these components, like plutonium pits or uranium pits, you may have to change the warhead slightly to fit a new component in it. Is that a new weapon?

Well according to the definition provided by Congress, that anything that was in the stockpile before 198 – I’ve forgotten the year it was – is by definition “new”. That to me is not a new weapon. That to me is a replacement weapon intended to provide the same capabilities but in a more safe, secure and reliable way.

This is seriously misleading.

I heard the same claim made by a DOD official at a previous PONI meeting, which leads me to believe that this is one of those anecdotes that has improved with retelling. It has always seemed to me that ideologically homogeneous groups are particular susceptible to these kind of memes.

My guess is that Murdock and the other speaker (protected by the Chatham House Rule) were not being mendacious; they genuinely believe this happened. They’ve probably heard it repeated on any number of occasions by people they trust (Murdock was at the previous PONI meeting where I heard the same claim) and haven’t bothered to dig through the legislative documents (which does not exactly make for a happenin’ Friday night). All groups do this to some extent, including the arms control community.

But we aren’t picking on the arms control community, today.

Has Congress Ever Defined “New Nuclear Weapon” for Any Purpose

Yes. For one purpose — budgeting.

This is the kernel of truth, from which the legend has grown. (In some tellings, a certain Congressional staffer who I quite admire is the villain, but Murdock — to his credit — played it classy last week.)

Section 3143 of the FY2003 National Defense Authorization Act states that:

(d) DEFINITIONS.—In this section:

[snip]

(3) The term ‘‘new nuclear weapon’’ means a nuclear weapon that contains a pit or canned subassembly, either of which is neither—

(A) in the nuclear weapons stockpile on the date of the enactment of this Act; nor

(B) in production as of that date.

Note that the phrase “in this section” — the definition applies only for the purposes of Section 3143.

What does Section 3143 require?

(1) In any fiscal year after fiscal year 2002 in which the Secretary of Energy plans to carry out activities described in paragraph (2) relating to the development of a new nuclear weapon or modified nuclear weapon, the Secretary shall specifically request funds for such activities in the budget …

In other words, any new or modified nuclear weapon needs — wait for it — its own budget line.

Section 3143 requires DOE to have a single dedicated line item for activities involving new nuclear weapons or modified nuclear weapons in Phase 1-6.2A and a dedicated line item for each such activity for a new or modified nuclear weapon in phase 3 or higher. (It’s slightly more complicated than that, but that’s the gist. I’ll put the full text in the comments.)

This is called budgeting “by tail number.” You can’t just have a giant pile of money called “nuclear weapons” and use it on whatever you damn well please. You have to allocate the money to specific warheads or warhead types.

So, that is the tiny kernel of truth: In 2002, Congress defined “modified” and “new” nuclear weapons for the narrow purpose of whether a specific nuclear weapons activity gets its own budget line, or not. DOE can still, design, build and produce “new” nuclear weapons, provided they ask permission by placing the request in an appropriate, specific line item.

(One little nitpick, Murdock was wrong to say that the weapon had to be developed by 1986 — and right to say that he had forgotten the year. Congress defined “new” was defined as having “entered the stockpile” before 2002. In practice, the last warhead to enter the stockpile was the W88 in 1990. But what is four years among friends? Besides, 1990 doesn’t sound as good as 1986, which is when the W88 entered Phase 6.2A and has that awesome Cold War throwback feel to it.)

Why Would Congress Want Separate Line Items?

When the FY2003 President’s Budget Request (a much less exciting PBR) arrived on Capitol Hill in early 2002, someone must have taken a close look at the $46.5 million dollars requested for “Supporting Research & Development” within Directed Stockpile Work:

Category FY2001 FY2002 FY2003
Supporting Research & Development…………. 23,450 32,567 46,464

This category conducts research and development (R&D) applicable to specific weapon systems as well as general R&D not yet directly tied to a particular weapon system. Weapon-specific R&D supports technologies needed to support a specific weapon refurbishment, maintenance, surveillance, and/or certification program. Activities include joint test assembly (JTA) redevelopment; ACORN, a gas transfer system development, and neutron generator development. General supporting R&D pursues technologies which are used to support the nuclear weapons stockpile, but are not designed for a specific weapon system. Activities include military requirements as issued by the Nuclear Weapons Council (NWC), technology development/materials studies, and advanced development systems engineering. The FY 2003 efforts will support research and development of a Commercial Off the Shelf (COTS) qualification process for the W80 and W76; continue development of the W78 gas transfer system, the enhanced fidelity JTA, W88 JTA, and W88 gas transfer system, W87 high-fidelity JTA pit production, complete EMP threat assessment, and support Phase 6.2/6.2A study on Robust Nuclear Earth Penetrator.

[Emphasis mine.]

Like how DOE stuck that right on the end? Seriously, if an NNSA official were reading it, he would have coughed the words “Robust Nuclear Earth Penetrator.”

As far as I can tell “Support Phase 6.2/6.2A study on Robust Nuclear Earth Penetrator” is the entire explanation of the program provided to Congress in the budget.

Even though the money was in a Deparment of Energy budget submission, Undersecretary of Defense for Policy Doug Feith was the first “responsible” (I use the term lightly) person to appear on Capitol Hill after the budget dropped. Feith was there — along with General John Gordon, Administrator of the National Nuclear Security Administration and Admiral James Ellis, Commander, US Strategic Command — to brief the 2001-2002 Nuclear Posture Review.

Senator Jeff Bingaman (D-NM) had a few questions, which Feith answered with “Oh, yeah, that Robust Nuclear Earth Penetrator. We were going to tell you about that …”

BINGAMAN: So, the item on Page 20 of the NNSA budget that came to us the other day says support an advance concept initiative, a phase 6.2/6.2a study for the robust nuclear earth penetrator, which will also maintain weapons design capability.

FEITH: As I just suggested, we were coming up to talk to you in a couple of weeks on that issue. That is not a low-yield system. That is a consideration of a modification of an existing system.

BINGAMAN: That’s a modification, but there is no design work going on on that at the present time, or that’s a design of a new system?

FEITH: When we start this program called 6.2/6.2a that leads to what we would formally call design. We’re coming up and chatting with you about that. To get to that point, one considers, you know, where you are on this issue. And, there’s been significant discussion about developing an earth — a significant robust penetrator for the military. And we are pursuing through the nuclear weapons [council] a program that looks at that by modifying a system to do that.

BINGAMAN: Well, let me just state of the record, Mr. Chairman, I do think we should concern ourselves if there are going to be new weapons, new nuclear weapons designs pursued that’s been contrary to the policy of previous administration’s. And, if there’s a change in that policy, I think we need to have a discussion about it and a chance to express our views.

As it turns out, the Senate had a chance to express it’s view on RNEP. The Senate Armed Services Committee refused to authorize the funding, instead asking the Secretary of Defense to submit a report explaining:

(1) the military requirements for the RNEP;
(2) the nuclear weapons employment policy for the RNEP;
(3) the detailed categories or types of targets that the RNEP is designed to hold at risk; and
(4) an assessment of the ability of conventional weapons to address the same types of categories of targets that the RNEP is designed to hold at risk.

And them, for good measure, the Senate added Section 3143 to prevents DOE from hiding future efforts like RNEP deep in the fine print of the budget.

In conference, the House acceded, with an amendment that fully funded RNEP, but withheld the funds until the completion of the report. As far as I can tell, SECDEF did not submit the report in FY2003, so the funds weren’t released. Anyway, RNEP died a slow, miserable death.

Bottom Line

So, Congress didn’t really define new nuclear weapons after all, let alone constrain their development — Section 3143 merely required the Department of Energy place activities related to weapons not yet in the stockpile in special line items for easy visibility. They called those weapons “new” in the legislation, without prejudice to the “theological” debate to which Murdock refers.

With that kind of onerous restriction, it is a wonder we aren’t all speaking Russian, huh? (That’s sarcasm, people.)

It is interesting, however, that I’ve heard this particular falsehood twice. The first time I heard it, I was really taken aback. It took me the better part of a day to figure out the truth.

This is a pretty good example of the kind of myth that flourishes in the hothouse of an ideologically homogeneous community. And a nice reminder that it is good to get outside once in a while.