This research paper has been commissioned by the International Commission on Nuclear Non-proliferation and Disarmament, but reflects the views of the author and should not be construed as necessarily reflecting the views of the Commission. The U.S. Stockpile Stewardship Program: Domestic Perspectives and International Implications Fiona Simpson1 May 2009 Executive Summary This paper seeks to outline and assess the political debate surrounding stockpile stewardship in the US. It begins by providing a brief history of the stockpile stewardship program (SSP), before turning to the debate surrounding the program itself. Specifically, it maintains that the “dual commitment” of the SSP – to maintain the safety and reliability of the deterrent without nuclear testing – contains some inherent tensions, which have resulted in very different assessments of the program and its contribution to both national security and the international nuclear nonproliferation and disarmament regime. The paper argues that the perspectives tend to fall along a continuum in which the program is, at one end, considered too constraining on unilateral decision-making regarding the ability to maintain and modernize the existing nuclear arsenal and, at the other, is considered to be not constraining enough. In between, there are those who consider the program to be essentially sound, but in need of redirection. The paper places these views under one of four general categories: The Skeptic’s View (1): Stockpile stewardship is fundamentally problematic; undermines the national interest. The Qualified Supporter’s View (1): Stockpile stewardship is essentially sound; requires redirection towards new (re)designs, modernization. The Qualified Supporter’s View (2): Stockpile stewardship is essentially sound, requires redirection away from new designs, modernization. The Skeptic’s View (2): Stockpile stewardship is fundamentally problematic; undermines international non-proliferation and disarmament efforts. The paper then touches briefly on the question of the benefits of cooperative stewardship, (cooperation with other nuclear-weapons states), noting that such cooperation has been a given in some cases (the U.K.) and has proved more 1 Center on International Cooperation, New York University 2 controversial in others (the Russian Federation). The paper notes that suggestions have been made for greater cooperation. in this area, with the Russian Federation, as well as the possibility of integrating the existing cooperation stewardship with Russia – such as it is – with other areas of cooperation between the U.S. and Russia on securing nuclear materials. Finally, the paper focuses on the relationship between the work of the SSP and the future of the CTBT, with particular reference to the developments over the last ten years, since the US Senate’s rejection of the Treaty. The results of the SSP’s work over the past decade indicate that many of the technical concerns regarding warhead reliability, which were cited by some as the basis for rejecting the Treaty in 1999, have been assuaged. However, it is argued that technical concerns regarding the CTBT have always been irrevocably entwined with political and national security concerns, and these concerns remain and are likely to reappear. It is noted that even if all technical arguments in favor of ratification are convincing, there is no reason to assume that this will translate into political support for the Treaty. Obtaining this support will require an active role by the U.S. President, but will also require that increased attention be paid to putting forward convincing arguments in favor of the non-proliferation and disarmament advantages created by the CTBT, both for the international regime and for the United States. The nuclear programs of Iran and Syria, and the nuclear test conducted by the DPRK – all of which have taken place despite the U.S. testing moratorium may make finding convincing political arguments in favor of the Treaty at least as challenging as in 1999, if not more so. The paper also notes that some of those who opposed the CTBT in 1999 have since come out in support of its ratification and may serve as credible sources of persuasion for those who remain reticent. The paper concludes by observing certain common themes have emerged with regard to stockpile stewardship, regardless of which perspective on the program is favored. The first is that the ultimate objective of the Stockpile Stewardship Program has tended to be ill-defined. One of the more tangible concerns arising from this question – and, inevitably, a source of future deliberations – will be the financial cost of the program. If the future course of the SSP is unclear, as it seems to be now that the RRW program is off the table, finding political (and therefore budgetary) support for the program may prove difficult. In addition, stockpile stewardship, in its present form, has self-evidently postponed any decision about modernization and new nuclear weapons. While the RRW program has been sidelined, there is no reason to assume it will not be revisited, although its eventual success is by no means assured, particularly if there continues to be a lack of precision regarding what the RRW concept entails. The debate over stockpile stewardship is, in essence, a debate over the future of the US deterrent. In turn, a debate about the future of the US deterrent (and whether or not it has one) may also be credibly understood as a window into the US intentions regarding nuclear disarmament. The results of these discussions will inevitably be held up by other actors for comparison against US rhetoric on this issue. 3 Introduction The end of the Cold War, in 1991, resulted in perhaps a greater degree of political optimism than at any time in the twentieth century, certainly since the end of the Second World War and particularly in the context of nuclear non-proliferation. To be sure, revelations regarding Iraq’s clandestine nuclear weapons program had increased concerns regarding the spread of nuclear weapons to an increasing number of states, regardless of whether or not those states were parties to the nuclear Non-Proliferation Treaty (NPT). However, the demise of the previous nuclear paradigm – that of the two Cold War adversaries on either side of a world divided by an iron curtain and each deterring the other with the prospect of mutually assured destruction – seemed to have given way to sustained and significant reductions in the numbers of nuclear weapons, to realistic prospects for the conclusion and entry into for of a Comprehensive Nuclear-Test-Ban Treaty (CTBT), and to a unified and effective United Nations Security Council. Over the ensuing two decades, such optimism has often appeared increasingly quaint. Although significant cuts in the nuclear arsenals of the United States and the Russian Federation have taken place, both states, along with the three other NPT nuclearweapon-States – have been subject to accusations that they have failed to take their disarmament obligations seriously. The US, in particular, has been the target of such criticism. Moreover, the CTBT – the ratification of which was rejected by the US Senate in 1999 – has not yet entered into force, while the words “unified” and “effective” are rarely used in the context of the Security Council. Against the backdrop of the post-Cold War evolution of the nuclear non-proliferation regime is the U.S. stockpile stewardship program (SSP). The antecedents of this program may be found with the self-imposed moratorium on nuclear weapons tests that was announced by then-President George H.W. Bush in 1992. The program is closely linked not only to cuts in the nuclear arsenal (while retaining personnel and expertise), but also to the prospects for CTBT ratification, seeking – as it does – to ensure the reliability and safety of the nuclear arsenal without the need for testing. Although it is a technical program, the political ramifications of stockpile stewardship have, from the outset, given rise to a range of disagreements within the US. It has been charged that the SSP is, variously, too restrictive of the United States’ ability to be flexible with regard to its response to changing threats or is not restrictive enough – is antithetical, in fact, to non-proliferation and disarmament efforts. Given its origins as a Clinton administration initiative and its related connections to the domestic debate over ratification of the CTBT and the Treaty’s eventual entry into force, such domestic politicization is hardly surprising. In addition, the ratification of the Treaty by the U.S. has become highly symbolic in the international sphere, often being viewed – fairly or unfairly – as a litmus test of the sincerity of nuclear-weapons states regarding their obligations under Article VI of the NPT (i.e. to negotiate in good faith towards nuclear disarmament). The CTBT was the first of the thirteen practical steps towards nuclear disarmament agreed at the 2000 NPT Review Conference, and the U.S. failure to ratify the Treaty is frequently cited by other states 4 parties to the NPT as part of the reason for the deadlock in the regime.2 Ratification of the CTBT may, in turn, shed light on whether and when the US non-ratification of the Treaty has been a reason or an excuse for a lack of movement on that issue by other states. Moreover, the history and future of the SSP, as well as the results of its work, are an integral part of decision-making on the direction of the US nuclear deterrent. The direction of the deterrent – the extent to which it is maintained and modernized, as well as the perpetuation of the testing moratorium – has, in turn, a sizable effect on the viability of non-proliferation and disarmament efforts writ large. This paper will therefore seek to outline and assess the political debate surrounding stockpile stewardship in the US. A 2007 report by the American Academy for the Advancement of Science (AAAS) has suggested that “stockpile stewardship has succeeded politically because of the dual commitment to a sound nuclear weapons program and to one that proceeds without nuclear testing.”3 This dual commitment, however, contains some inherent tensions, which have given rise to differing opinions regarding the efficacy and direction of such efforts. In addition, there is the question of the benefits of cooperative stewardship, i.e., cooperation with other nuclearweapons states, which has been a given in some cases (the U.K.) and has proved more controversial in others (the Russian Federation). Finally, the paper will turn to the relationship between the work of the SSP and the future of the CTBT, with particular reference to the developments over the last ten years, since the US Senate’s rejection of the Treaty. Specifically, results of the SSP’s work over the past decade indicate that many of the technical concerns regarding warhead reliability, which were cited by some as the basis for rejecting the Treaty in 1999, have been assuaged. The paper will also assess whether or not these advances in technical knowledge are likely to overcome both the political and other technical concerns (i.e. regarding verification) raised by the CTBT. Four perspectives on stockpile stewardship The political debates regarding the SSP, as noted previously, tend to fall along a continuum in which the program is, at one end, considered too restrictive upon unilateral decision-making and, at the other, considered to be not restrictive enough. In between, there are those who consider the program to be essentially sound, but in need of certain modifications (see Annex 1). These views appear to fall more or less under four categories. The Skeptic’s View (1): Stockpile stewardship is fundamentally problematic; undermines the national interest. According to this view, stockpile stewardship 2 The complete list of the thirteen practical steps towards nuclear disarmament are contained in the Final Document of the 2000 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons, Volume I, Part I (Review of the operation of the Treaty, taking into account the decisions and the resolution adopted by the 1995 Review and Extension Conference, p. 14. Accessed at: http://daccessdds.un.org/doc/UNDOC/GEN/N00/453/64/PDF/N0045364.pdf?OpenElement. 3 “The United States Nuclear Weapons Program: The Role of the Reliable Replacement Warhead,” Nuclear Weapons Complex Assessment Committee of the American Academy for the Advancement of Science, April 2007, p.4. 5 efforts are considered to be unacceptably restrictive. Instead, it is argued, new warhead designs should be introduced and it should be made possible for testing to resume either immediately or, more commonly, within a relatively short time-frame. The Qualified Supporter’s View (1): Stockpile stewardship is essentially sound; requires redirection towards new (re)designs, modernization: More recently, it has been argued that the goals of the SSP (specifically, ensuring confidence in the reliability and safety of the nuclear deterrent without the need for testing), while preferable insofar as the international climate permits, should be approached in a more flexible manner and the existing deterrent transformed from its Cold War framework to a modern arsenal (i.e. low-yield earth-penetrating nuclear weapons and, later, the Reliable Replacement Warhead (RRW) Initiative), which could allow for the preservation of the program’s goals via-à-vis nuclear testing while ushering in a further reduction of the stockpile and serving a means to address the post-Cold War challenges (including the potential for attacks by non-state actors using nuclear, biological, chemical, or radiological weapons). The Qualified Supporter’s View (2): Stockpile stewardship is essentially sound, requires redirection away from new designs, modernization: Alternatively, it has been suggested that, again, while the Stockpile Stewardship Program is essentially sound – an interim, if unfortunate, necessity given the reality of nuclear weapons – it should focus the bulk of its efforts on the obtaining support (both financial and political) for the existing life extension programs, stockpile surveillance, and other activities dedicated to supporting the testing moratorium, and with the ultimate goal of eventual disarmament. This approach tends to be skeptical of initiatives such as the Reliable Replacement Warhead, not least because of its potential to lead to resumed testing and to undermine the nuclear non-proliferation regime. Other experimental work carried out under the auspices of the program has also, in some cases, been subject to criticism. The Skeptic’s View (2): Stockpile stewardship is fundamentally problematic; undermines international non-proliferation and disarmament efforts. Finally, the SSP has been labeled – both in and of itself and as a consequence of the suggested realignment characterized by the nuclear earth-penetrator work and the RRW Program – as, once again, intrinsically problematic. This is the “flip-side” of the more national security-oriented approach outlined above, in that it considers the SSP flawed, this time, by virtue of its lack of restrictions. According this assessment, the SSP, by its very nature, is hostile to the goals of nuclear disarmament and non-proliferation, epitomizes a lack of commitment to Article VI obligations under the NPT, and thus contributes to the stalemate that has characterized the nuclear non-proliferation regime for the better part of a decade. History of the US-based Stockpile Stewardship Program In the US, the science-based stockpile stewardship and management program grew out of the 1992 moratorium on nuclear testing, which was extended in 1993, under President Clinton. This moratorium was part of a broader trend, with the then-USSR making a similar pledge in 1990 and the United Kingdom doing the same in 1991. Three years after President Clinton’s moratorium extension, China and France followed suit, after completing their own “farewell tests.” Pakistan and India, who 6 conducted nuclear weapons test in 1998, also subsequently announced unilateral moratoria on further testing. The DPRK, which conducted a nuclear test in October 2006 (generally considered to have been something of a “fizzle”), has made no such pledge. In 1995, the announcement was made that the US would sign (and move to ratify) the CTBT. 4 The Stockpile Stewardship Program, which had been in development for the past two years, was put forward as part of a quid pro quo to help allay concerns about the national security implications of ending nuclear tests and, by doing so, to garner the support needed in the Senate for CTBT ratification. The SSP allowed for the preservation of the nuclear deterrent (and, equally as important, the retention of the related technical expertise by the three national laboratories), thereby shifting away from the development of new weapons designs that had occurred during the Cold War. This stated position explicitly did not rule out a return to testing and, in fact, noted that this did not indicate any intention on the part of the Clinton Administration to move towards nuclear disarmament.5 Instead, the program – established in response to the (FY) 1994 Defense Authorization Act – was officially created in order to: 1) Support a focused, multifaceted program to increase the understanding of the enduring stockpile; 2) Predict, detect, and evaluate potential problems of the aging stockpile; 3) Refurbish and re-manufacture nuclear weapons and components, as required; and 4) Maintain the science and engineering institutions needed to support the nation’s nuclear deterrent, now and in the future.6 The SSP, as conceptualized, would allow the national weapons laboratories (Livermore, Los Alamos, and Sandia) to carry out the kind of work described above. The continuation of such work, it was hoped, would allow the labs to attract and retain the personnel, and thus the intellectual and technical expertise, that existed around the nuclear deterrent by ensuring that they had something against which to apply and refine that expertise in spite of the fact that no yield-producing tests would be carried out. During the time between its formal inception, in 1995, and the unveiling of the Reliable Replacement Warhead (RRW) Program in 2004, the implementation of stockpile surveillance, and the life extension program (LEP) of the SSP, maintained the warheads’ reliability by replacing components as they aged as part of an annual certification process. This is done through routine surveillance of a selection of warheads to search for evidence of deterioration, primarily through non-destructive assay, but also through destructive evaluation.7 In cases where problems are detected that are located outside the nuclear explosives package, corrections and replacements may be made with testable or upgraded components. However, problems that have 4 Comprehensive Test Ban Treaty, Statement by President Bill Clinton (Transcript), released by the White House, Office of the Press Secretary, Washington, DC, August 11, 1995. 5 Ibid. 6 Stockpile Stewardship Program, Department of Energy Factsheet, Accessed at: http://www.nv.doe.gov/library/FactSheets/DOENV_1017.pdf. 7 Jonathan Medalia, CRS Report for Congress, “The Reliable Replacement Warhead Program: Background and Current Developments,” September 12, 1998, p.8. 7 occurred in the nuclear explosive package component of a warhead may be only corrected or replaced “using original designs and, insofar as possible, original materials,” but, in keeping with the moratorium, cannot be tested.8 Against the backdrop of the life extension programs, and in order to further understand and explore how failures and aging occurred, as well as other aspects of the weapons, the SSP supported three new experimental developments: a National Ignition Facility (NIF); a Dual-Axis Radiographic Hydrodynamic Test (DAHRT) Facility; the Accelerated Strategic Computing Initiative (later Advanced Simulation and Computing), and later the Joint Actinide Shock Physics Experimental Research (JASPER) facility, and the Z-Machine.9 By 1998, the SSP was well underway. Through its surveillance program it had identified an aging mechanism high explosives, worked to further understand the effects of corrosion, and developed new diagnostic tools, all designed to confirm that “the weapons [were] aging gracefully.”10 The second annual certification of the existing stockpile had been completed and “over nine thousand” nuclear weapons had been dismantled since the end of the Cold War.11 A year, later, in 1999, the stockpile stewardship program was placed under a brighter spotlight when the CTBT was put forward to the US Senate for ratification. The success of the SSP was again touted although, in testimony to the Senate’s Armed Services Committee, the Director of Sandia (C. Paul Robinson) noted that “confidence in the reliability and safety” of the nuclear deterrent would “eventually decline without nuclear testing…[and that] much of the erosion will be in the form of a shrinking base of experienced personnel who know how to perform the arcane responsibilities of stockpile stewardship.”12 Other testimony was more optimistic, with increased confidence being expressed in the “long-term credibility” of the stockpile and the ability of the SSP to provide that credibility.13 Ultimately, however, the CTBT failed to find support in the Senate, and the tradeoff – stockpile stewardship for CTBT support – remained unrealized. Growing concerns and skepticism regarding the benefits of the SSP found increasing support in the U.S. Congress by 2000 – particularly with regard to the ability of the program to hit its milestones, stay on budget, and achieve its overall mandate. Such skepticism was predominant among those who advocated a return to testing and new weapons production. A Panel to Assess the Reliability, Safety, and Security of the United States Nuclear Stockpile had therefore been established in 1999, pursuant to 8 Ibid., p.9. For a comprehensive (and comprehensible) overview of these various aspects of the SSP, please see: A.Fitzpatrick and I.Oelich, “The Stockpile Stewardship Program: Fifteen Years On,” The Federation of American Scientists, April 2007. 10 Statement of Dr. Victor H. Reis, Assistant Secretary for Defense Programs, Department of Energy, before the Subcommittee on National Security, U.S. House of Representatives, March 19, 1998. 11 Ibid. 12 Statement of C. Paul Robinson, Director, Sandia National Laboratories, United States Senate Committee on Armed Services, October 7, 1999. 13 Sidney D. Drell, Testimony Before the Senate Armed Services Committee on Stockpile Stewardship and the Comprehensive Test Ban Treaty, October 7, 1999. 9 8 that year’s Defense Authorization Act.14 The panel reported for fiscal years 1999, 2000, and 2001. The “Foster Panel,” as it was colloquially known, issued its first report in November 1999 and was broadly, if modestly, supportive of the goals of science-based stockpile stewardship and the program’s ability “to provide a degree confidence in a credible nuclear deterrent.”15 It added, however, that “it will not be known for at least a decade and probably longer just how effective the Stockpile Stewardship Program will be.”16 A year later, and shortly after the new Bush administration had taken office, the panel reported again on its previous year’s work. This time, the tone and approach to the program had become more concerned. The report declared bluntly that it had found “a disturbing gap between the nation’s declaratory policy that maintenance of a safe and reliable nuclear stockpile is a supreme national interest and the actions taken to support this policy.”17 The panel in that year made a series of nine recommendations, including the reduction of test-readiness “to well below the Congressionally mandated one year.”18 This followed on from a more modest recommendation, the previous year, which had called for accelerated efforts “to understand and preserve test, development, and production data and insights.”19 The final report of the panel’s three-year tenure struck a tone somewhere between the first two, noting both progress made and lingering concerns. The Panel again called for enhanced test-readiness, this time of “no more than three months to a year.”20 (Notably, this reduced testing time had recently been called for in the Nuclear Posture Review, completed in late 2001. The Review had also, inter alia, rejected the CTBT.) Over the following few years, increasing attention was directed at the SSP and, in particular, the life-extension program. Criticism came primarily on two fronts: budgetary and political. On the budgetary side, a GAO report called for improved budgeting and management process,21 while on the political side – as will be discussed shortly – the role of earth-penetrating nuclear weapons (Robust Nuclear Earth Penetrators, RNEP) was being reconsidered. Later, the development of the Reliable Replacement Warhead (RRW) was pursued, which sought to address the perceived shortcomings of the life-extension program and its ability to provide longterm confidence in the existing nuclear stockpile. 14 This Act was formally known as the Strom Thurmond Defense Authorization Act of 1999. The full text may be accessed at: http://bulk.resource.org/gpo.gov/laws/105/publ261.105.pdf. See especially, Sec.3158 and Sec.3159. 15 FY 1999 Report to Congress of the Panel to Assess the Reliability, Safety, and Security of the United States Nuclear Stockpile, February 1, 2001, ES-1. 16 Ibid., p. 4. 17 FY 2000 Report to Congress of the Panel to Assess the Reliability, Safety, and Security of the United States Nuclear Stockpile, February 1, 2001, ES-1. 18 Ibid. pp.28-29. 19 FY 1999 Report to Congress of the Panel to Assess the Reliability, Safety, and Security of the United States Nuclear Stockpile, February 1, 2001, p.9. 20 FY 2000 Report to Congress of the Panel to Assess the Reliability, Safety, and Security of the United States Nuclear Stockpile, February 1, 2001, p.ES-3. 21 “Opportunities Exist to Improve the Budgeting, Cost Accounting, and Management Associated with the Stockpile Life Extension Program,” GAO Report (GAO-03-583), July 2003. 9 Nonetheless, the SSP – including the life extension program – proceeded with its work. The manufacturing of replacement plutonium “pits” (which, together with high explosives, constitute the primary stage of the nuclear explosive package) started again in 2007, for the W88 warhead. This represented the first time in nearly two decades that the pits had been manufactured, following the shutdown of the plutonium pit facility in Rocky Flats, Colorado. During this time, and following the 2006 congressional elections, support within the US Congress shifted away from RRW. The continuing intention to avoid nuclear testing meant that, even if only by default, support for the life extension and stockpile surveillance programs continued. Now, with the prospect of U.S. ratification of the CTBT once again on the horizon, the last ten years of work and findings by the SSP are again due to come under increased political and public scrutiny. Cooperation with other nuclear-weapon States Before turning to the political context and debates surrounding stockpile management, it is important to note that some level of cooperative stewardship has taken place as part of the US stockpile management. In particular, this cooperation has been with the United Kingdom and France.22 The UK’s Atomic Weapons Establishment (AWE) has its own stockpile stewardship program, but cooperates closely with the US pursuant to the 1958 UK/US Mutual Defense Agreement. France also participates in the US SSP, and its own form of the stockpile stewardship program is the Programme de Simulation des Essais Nucléaires (PaSEN), or the “Simulation Program.” Cooperation with the Russian Federation, on the other hand, has traditionally taken place in “a more limited way.”23 More extensive cooperation on stockpile stewardship appears to have been constrained by concerns that assistance and information exchanges might benefit Russia militarily.24 The most obvious example of this concern came in the form of the rejection of Russia’s request for US computers for its own stockpile maintenance in 1996, when it was determined that the export of these computers would contravene the pre-existing boundaries on cooperation, set by the US: that cooperation in this sphere must be both unclassified and, of particular relevance to this request, must “not enhance the performance of Russian nuclear weapons or contribute to Russian nuclear weapons design.”25 The existing levels US-Russian cooperation on stockpile stewardship does not appear to have changed substantially since. Nonetheless, it was suggested – including by one former Director at Los Alamos – that this limited cooperation should be expanded. Specifically, it was proposed that such (unclassified) technical cooperation could Victor H. Reis, “Stockpile Stewardship and U.S. Nuclear Weapons Policy,” Post-Cold War U.S. Nuclear Strategy: A Search for Technical and Policy Common Ground, National Academies Committee on International Security and Arms Control Public Symposium, August 11, 2004. Accessible through: http://sites.nationalacademies.org/pga/cisac/PGA_049763. (N.B. Cooperation on stockpile stewardship with Israel is often assumed, but cannot – for obvious reasons – be confirmed.) 23 Ibid. 24 Siegfried H. Hecker, “Thoughts about an Integrated Strategy for Nuclear Cooperation with Russia,” in The Nonproliferation Review, Summer 2001, p.7. 25 GAO, “Russia’s Request for the Export of US Computers for Stockpile Maintenance,” Statement for the Record by Mr. Harold J. Johnson, Associate Director, International Relations and Trade Issues, National Security and International Affairs Division, September 30, 1996 (GAO/T-NSAID-96-245), p.1. 22 10 include “the aging of plutonium, computational materials modeling, response of materials to dynamic and shock loading conditions, and a variety of experimental techniques using lasers, pulsed power, or accelerators.”26 In addition, it has been proposed that stockpile stewardship efforts could be integrated with other areas of US-Russian cooperation on securing nuclear materials – an area of collaboration and assistance that has, even against the backdrop of changing political circumstances, managed to remain comparatively stable. In particular, integration with Cooperative Threat Reduction, Materials Protection Control and Accounting, and the Global Threat Reduction Initiative have been identified as potentially fruitful areas of integration.27 The question of whether or how this might best be done, if at all, does not appear to have been revisited in years since this suggestion was made in 2004. Possible political benefits have been identified as the reduction of “the potential for any sort of Russian return to adversary status, and to help encourage [Russian] participation in international security policies and operations.”28 It is, however, unclear whether the risks of a Russian return to adversary status are sufficiently high that still greater cooperation on stockpile stewardship is warranted. Nonetheless, past cooperation on securing former weapons material, such as the HEU Purchase Agreement and, in particular, the verification of excess nuclear material from weapons programs developed during the 1996-2003 Trilateral Initiative (with the IAEA) opens the door to such integration, as has – more recently – the joint statement by Russian President Dmitriy A. Medvedev and US President Barack Obama on April 1, 2009. Still, preexisting political, technical and military sensitivities remain regarding assistance in stockpile stewardship. Political debate surrounding the SSP: The Skeptic’s View (1): Stockpile stewardship as fundamentally problematic; undermines the national interest. As noted in the introduction, the debate surrounding the stockpile stewardship program, within the US, has evolved since its inception. More specifically, the view that the goals of the SSP are inherently flawed – i.e. that both testing and modernization of the deterrent should instead be resumed (or that the right to do so should be reserved) for the sake of the national interest – has become more nuanced over the years, although this is not to argue that opposition to the program, in principle, no longer exists. This development has tended to accompany the development of the initiative on RRW, which would see modernization of the deterrent ostensibly without testing, and which will be discussed shortly. The belief that the goals of stockpile stewardship are simply antithetical to US national security interests is one that was perhaps most publicly expressed during the Senate debate over CTBT ratification, in 1999. The division between those who Siegfried H. Hecker, “Thoughts about an Integrated Strategy for Nuclear Cooperation with Russia,” p.6. 27 Victor H. Reis, “Stockpile Stewardship and U.S. Nuclear Weapons Policy,” Accessible through: http://sites.nationalacademies.org/pga/cisac/PGA_049763. 28 Ibid. 26 11 questioned the goals of the SSP (and, for that matter, the value of the CTBT) and those who supported them tended to be along party lines: unsurprising, since the stockpile stewardship program itself was, as noted earlier, developed under the Clinton administration and was associated with that administration’s broader nuclear weapons policies, and particularly its support for the CTBT.29 According to this viewpoint, the stockpile stewardship approach was unable to singlehandedly ensure the reliability of the nuclear explosives package and thus the weapon itself. Or, as the FY2000 Foster Panel report put it: existing assessment tools and the current level of scientific understanding are inadequate to provide sufficient confidence in either a future aged stockpile or a newly manufactured replacement, without nuclear testing.30 During the hearings on the CTBT before the Senate Committee on Foreign Relations, several witness provided testimony regarding what they viewed as one of the intrinsic problems of the SSP: a stockpile stewardship program, however useful it might be for increasing the knowledge base of the labs, could not provide dependable results. One letter to the Committee (a letter signed by, among others, future Secretary of Defense Donald Rumsfeld and future Vice President Dick Cheney) stated: “we will never know if we can trust stockpile stewardship if we cannot conduct nuclear tests to calibrate the unproven new techniques.”31 According to this view, the SSP contains an internal contradiction: its goal is to use a variety of tools and techniques to increase the reliability – and confidence in the reliability – of the nuclear stockpile without testing, yet without nuclear testing it is unclear how one can say with any certainty that stockpile surveillance and life extension efforts have worked. Such concerns have been raised32 in spite of the fact that confidence in nuclear tests had, even in the pre-moratorium days, only ever made up a small part of the American testing program and were not, in any case, frequent enough to be statistically significant as regarded reliability of the stockpile as a whole.33 The underlying concern, however, is that in foregoing nuclear testing, the SSP thereby foregoes the most visible demonstration of the reliability of the nuclear stockpile, thus eroding confidence in it (particularly, it may be assumed, outside the scientific community). See, for instance, Floyd D. Spence, Chairman, House National Security Committee, “The Clinton Administration and Nuclear Stockpile Stewardship: Erosion by Design,” October 30, 1996. 30 FY 2000 Report to Congress of the Panel to Assess the Reliability, Safety, and Security of the United States Nuclear Stockpile, February 1, 2001, p.16. 31 Letter to Senators Trent Lott and Tom Daschle from James R. Schlesinger, Frank C. Carlucci, Donald H. Rumsfeld, Richard, B. Cheney, Caspar W. Weinberger, and Melvin R. Laird, Final Review of the Comprehensive Nuclear Test-Ban Treaty (Treaty Doc. 105-28), Hearing Before the Committee on Foreign Relations of the United States Senate, One Hundred Sixth Congress, First Session, October 7, 1999, p.64. 32 See also, Kathleen C. Bailey and Robert B. Barker, “Why the United States Should Unsign the Comprehensive Test Ban Treaty and Resume Nuclear Testing,” in Comparative Strategy, vol.22, no.2, p.134. 33 Hannah Levine, “Stockpile Stewardship in the United States: A Primer,” World Security Institute’s Center for Defense Information, June 6, 2006. Accessed at: http://www.cdi.org/PDFs/Haninah%20Levine%20Stockpile%20Stewardship%20Primer.pdf, p.4. 29 12 Further, skeptics argue that a cessation of testing would thwart the development of new U.S. nuclear weapons – a situation that is undesirable to those who tend to be more hawkish on military and foreign policy matters. This, in turn, constrains behavior and, potentially, the ability to act in the national interest. Maintaining the military effectiveness of the nuclear deterrent requires, as one commentator put it, “an unfettered modernization program.”34 An unfettered modernization program – one that involves the design and development of completely new types of nuclear weapons – necessarily requires testing. The stockpile stewardship program thus impedes the ability of the state to maintain a modern (and therefore credible and effective) deterrent. The Qualified Supporter’s View (1): Stockpile stewardship as essentially sound, requires redirection towards new designs, modernization. Following the rejection of the CTBT, the election of a new US administration in 2000, and – just as importantly – the events of 9/11, the political approach to stockpile stewardship evolved. There remains some measure of opposition in principle towards the program on the basis outlined above. However, the emphasis since the Nuclear Posture Review of 2001, certainly within the then-presiding administration, has focused on the need to redirect the SSP in a way that would involve the modification and modernization of the existing deterrent. While ostensibly rejecting neither the stockpile stewardship program, nor its goal of maintaining a deterrent without resorting to testing, such a policy incorporated a more utilitarian approach to the question of nuclear tests, seeking to “upgrade” the deterrent without testing, but against the backdrop of reduced test-readiness should circumstances be deemed to require it. In practice, then, the mandate and much of the work of stockpile stewardship would be preserved, but certain aspects of it altered, particularly the life extension program (LEP). Instead of the LEP in its current form, the Advanced Concepts Initiative (endorsed by the Nuclear Posture Review) determined that the existing deterrent needed a clear set of objectives. It should move from the large-yield Cold War stockpile to a smaller, modern arsenal more appropriate to 21st century threats, including those from non-state actors. The first step in this direction, away from “simple” stewardship of the existing arsenal, came in the form of renewed attention to the development of an earth penetrating nuclear weapon – the Robust Nuclear Earth Penetrator (RNEP).35 The RNEP sought to provide an answer to deeply buried targets – for instance in tunnel facilities – such as chemical, biological, or nuclear capabilities. In the past, such efforts had raised concerns that any work towards a low-yield weapon blurred the distinction between nuclear and conventional war. This concern had, in fact, been the raison d’être behind a 1994 law prohibiting research and development to this end. The Baker Spring, “Why the Administration’s Stockpile Stewardship Will Harm the U.S. Nuclear Deterrent,” Heritage Foundation, Backgrounder #1334, October 7, 1999. 35 An earth penetrating weapon had, in fact, been introduced already, in 1997 under the Clinton administration. Although this version was not low-yield, the B61-11 nuclear weapon was nonetheless a source of controversy, with some debate as to whether it did indeed constitute a new nuclear weapon or – as the administration maintained – was merely a modification of an older delivery system. 34 13 RNEP, as envisioned in this latest iteration, would have a higher yield than five kilotons and therefore would not violate the 1994 law. In the context of the SSP, this also meant that research on the RNEP would focus on modifications to existing weapons, thereby permitting their eventual deployment without testing. While funding for the RNEP was zeroed out by the US Congress for FY 2006, another more substantial reorientation of the SSP had already arrived in the form of the Reliable Replacement Warhead, which was part of the SSP’s directed stockpile work.36 The RRW was devised as a direct answer to concerns within the National Nuclear Security Administration (NNSA) and from within the labs regarding the reliability and long-term effectiveness of the life extension program and, in essence, the next iteration thereof.37 As described in one report, the RRW was “a different approach to stockpile maintenance that makes use of the experimental apparatus of the Stockpile Stewardship Program.”38 This involved the redesign of an existing, tested warhead design, with the aim of increasing the predictability and reliability of the weapon itself. It was also argued that new features could be incorporated into the design that would increase safety and security, particularly those that would prevent its detonation by, for instance, anyone who had somehow obtained unauthorized access to it. As with the RNEP, limitations on the design of the RRW were put in place, as a House Appropriations Committee determined that its qualified endorsement of the initiative was based on the assumption that a replacement weapon will be designed only as a re-engineered and remanufactured warhead for an existing weapon system in the stockpile…[and not] as the beginning of a new production program intended to produce new warhead designs or produce new weapons for any military mission beyond the current deterrent requirements.39 In spite of this, there were disputes and confusion regarding whether the RRW program involved “new weapons” in the sense of a brand new warhead design or in the sense of being only physically new – modernized weapons based on a redesign (i.e. within existing design parameters). An RRW design was nonetheless produced, within the parameters set by the House Appropriations Committee, in 2007. A year later, funds for proceeding further were denied and the 2009 Department of Energy budget ended funding for the initiative. This new approach to stockpile stewardship differed from the more skeptical approach to the SSP in its willingness to acknowledge the benefits of and seek to continue the work of the SSP in increasing the understanding of nuclear weapons, their aging process, and other associated aspects. In spite of the limitations placed on “Directed Stockpile Work” refers to those activities within the SSP that are directly associated with maintaining the current weapons in the stockpile. 37 “The United States Nuclear Weapons Program: The Role of the Reliable Replacement Warhead,” p.1. 38 A.Fitzpatrick and I.Oelich, “The Stockpile Stewardship Program: Fifteen Years On,” The Federation of American Scientists, April 2007, p.58. 39 Energy and Water Development Appropriations Bill, 109 th Congress, 1st Session, House of Representatives, Report 109-86, May 18, 2005, p.130. 36 14 the initiative in 2005, there were concerns that the RRW work might be moving in the direction of new warhead designs, thus setting the stage for the eventual abandonment of the original rationale for the Stockpile Stewardship Program – permitting a moratorium on nuclear testing while maintaining a safe and reliable deterrent. To this end, it was argued that “it takes an extraordinary flight of imagination to postulate a modern new arsenal composed of such untested designs that would be more reliable, safe, and effective than the current U.S. arsenal based on more than 1,000 tests since 1945.”40 The Qualified Supporter’s View (2): Stockpile stewardship as essentially sound; requires redirection away from new designs, modernization. Also contained within the spectrum of opinion on the SSP is another version of qualified support for the program, one which is also frequently given public voice by think-tanks, academia, and other non-governmental organizations who work on questions of nuclear non-proliferation. While favoring nuclear disarmament, this viewpoint sees the Stockpile Stewardship Program as necessary in the interim, as was the political bargain that created it. The program itself is considered to have had significant benefits. The most crucial of these, under this assessment, is simply the success in certifying the reliability and safety of the stockpile such that the testing moratorium could be undertaken and can continue. The importance placed on the vital role of the SSP in maintaining the moratorium contrasts sharply with the previous two assessments of the program, the first of which openly desires a return to testing (or test-readiness), the second of which is, at best, agnostic on the issue. In the meantime, however, the support for the SSP is tested by the sums of money put into the large-scale experimental work. A fifteen-year review of the program by the Federation of American Scientists, for instance, stated that “the current approach to stockpile stewardship, careful surveillance and monitoring along with judicious replacement of parts, has maintained a nuclear stockpile that is safe and reliable.”41 The report expressed criticism of the costs of the program, and in particular the large experimental projects under the SSP’s umbrella, noting (in 2007) that the “the three major components of SSP [the NIF, DAHRT, and ASCI] are over budget and seriously behind schedule.”42 There have This approach reserves still greater skepticism – financially and philosophically – for the proposed redirection of the program in favor of, as was undertaken recently, a Reliable Replacement Warhead. The SSP, it was observed, has been able to certify the stockpile year after year and, as such, its budget “should not be savaged in order to go pushing ahead” with the RRW program.43 As long as the SSP is achieving its goals of maintaining the safety of the existing arsenal, the RRW initiative is unnecessary. In fact, it was argued, “if new RRW designs introduce new, untested concepts, it could increase doubts about the reliability, not decrease doubts about the reliability, of the 40 Sidney Drell and James Goodby, What Are Nuclear Weapons For?, Washington, Arms Control Today, April 2005, p. 20. 41 A.Fitzpatrick and I.Oelich, “The Stockpile Stewardship Program: Fifteen Years On,”, p.4. 42 Ibid., p.1. 43 Speaker: Sidney Drell, Arms Control Association press briefing on “The Future of US Nuclear Weapons: The Weapons Complex and the Reliable Replacement Warhead,” April 19, 2007. 15 enduring nuclear stockpile.”44 More symbolically, such a program will tend to have a negative effect in the nuclear non-proliferation regime as a whole, and will undermine efforts to strengthen it, as a result of the perceived loss of US credibility and good faith. The Skeptic’s View (2): Stockpile stewardship as fundamentally problematic; undermines international non-proliferation and disarmament efforts. The fact that a stockpile stewardship program, by its very nature, perpetuates the existence of a nuclear stockpile has also given rise to another perspective that rejects the program outright. This viewpoint has been expressed particularly (although by no means exclusively) by those involved in activist and advocacy work related to nuclear disarmament. While the SSP promised and has permitted an end to testing, the continuation of the program may confirm suspicions among many that the SSP has always been a fig leaf behind which the indefinite and expensive preservation – and even improvement – of the nuclear deterrent proceeds. This perspective considers that stockpile stewardship is simply a means by which the nuclear weapons architecture within the U.S. is propped up, and through which the U.S. intends “to maintain nuclear superiority indefinitely, with or without underground testing.”45 Moreover, while SSP might have nominal goal of stewardship of the deterrent without testing, skeptics of the program have not forgotten that its introduction in 1995 came with the codicil (politically expedient though it might have been) that testing would and could resume if circumstances or new information required it. As such, the SSP itself represents the continuing institutionalization and modernization of the nuclear arsenal or, as it has also been described, is simply “nuclear weapons research and production for the 21st century.”46 Stockpile stewardship and current prospects for CTBT ratification The new US administration is apparently ready to take up the question of the CTBT once again and to “immediately and aggressively” pursue ratification of the Treaty.47 As a consequence, and as in 1999, the SSP is likely to come to come under close scrutiny during the political debate that ensues. This is not least because some of the results of the past ten years worth of work have direct implications for the likelihood of CTBT ratification. Daryl Kimball, speaking at “Reliable Replacement Warhead: Does the United States Need a New Breed of Nuclear Weapons?” an Arms Control Association panel, April 25, 2006. Accessed at: http://www.armscontrol.org/events/20060425_RRW_Transcript. 45 See, for instance, John Burroughs (Hague Appeal for Peace, International Association of Lawyers Against Nuclear Arms, Lawyers’ Committee on Nuclear Policy), speaking at The South Asia and Southeast Asia Peace Activists Conference, “Peace Builds, Bombs Destroy: Let’s Make Asia Nuclear Free,” Dhaka, Bangladesh, February 18-20, 2000 (Plenary I, February 18, 2000), accessed at: http://lcnp.org/disarmament/nwfz/dhakatalk.htm. 46 Andrew Lichterman and Jacqueline Cabasso (Western States Legal Foundation) “Stockpile Stewardship: Nuclear Weapons Research and Production for the 21 st Century,” in News in Review: Civil society perspectives on the Seventh Review Conference of the Nuclear Non-Proliferation Treaty, May 9, 2005, no.6, accessed at: http://www.reachingcriticalwill.org/legal/npt/NIR2005/day6.pdf. 47 US President Barack Obama, speaking in Prague, April 5, 2009. 44 16 In 2003, as already noted, the ability to produce plutonium pits was reestablished, allowing for the remanufacturing of the plutonium core of the existing stockpile. This option had not been available since 1989, when the pit facility in Colorado was shut down. The remanufacturing ability supports the argument that the stockpile surveillance and life extension programs will, as maintained by its supporters, be able to ensure the continued reliability and safety of the deterrent. More importantly, the understanding of the way that plutonium decays has recently changed. During the Senate hearings in 1999, it was noted that “we lack experience predicting the effects of such aging on the safety and reliability of the weapons.”48 In 2006, however, studies by the Los Alamos and Lawrence Livermore Laboratories (and supported by an independent assessment from the JASON group) indicated that the plutonium core did not decay in the manner that was once thought, but that the damaged crystal structure reasserted itself.49 As a result, it has now been stated that “most primary types have credible minimum lifetimes in excess of 100 years as regards aging of plutonium.”50 However, technical concerns regarding the CTBT (which, in the past, also included concerns as to its verifiability) have always been irrevocably entwined with political and national security concerns. These are most often focused the Treaty’s scope (i.e. the fact that it does not prohibit research on nuclear weapons), as well as its ability to meaningfully augment the nuclear non-proliferation regime or whether, instead, the U.S. would “risk strategic surprise from a sophisticated violator conducting smallscale weapons tests in ways designed to evade detection.”51 Other longstanding concerns are raised by the inevitable loss of expertise on weapons design and testing that will occur as time passes. Regardless of the technical reassurance that the SSP’s work should provide, these and other objections to the CTBT that existed in 1999 are likely to be argued again. Therefore, (and leaving aside concomitant progress that has also been on the Treaty’s verifiability) the fact that many of the technical objections to the ratification of the CTBT have been assuaged by the work of the program is necessary, but not sufficient. Even assuming that the technical arguments that have been made are convincing, there is no reason to assume that, therefore, they will translate into political support for the Treaty among those who, in the past, were unconvinced. Obtaining this support will require not only an active role by the U.S. President, but will necessitate that increased attention be paid to convincing arguments for the non-proliferation and disarmament advantages created by the CTBT, both for the regime and for the United 48 Letter to Senators Trent Lott and Tom Daschle from James R. Schlesinger, Frank C. Carlucci, Donald H. Rumsfeld, Richard, B. Cheney, Caspar W. Weinberger, and Melvin R. Laird, Final Review of the Comprehensive Nuclear Test-Ban Treaty (Treaty Doc. 105-28), Hearing Before the Committee on Foreign Relations of the United States Senate, One Hundred Sixth Congress, First Session, October 7, 1999, p.64. 49 For an extremely useful explanation of these new advances in understanding please see the presentation provided by Dr. Sidney Drell on “The Future of the CTBT” at the 2009 Carnegie International Non-Proliferation Conference, April 7, 2009. Accessed at: http://www.carnegieendowment.org/files/npc_ctbt1.pdf. 50 “Pit Lifetime,” JASON Defense Panel Advisory Report (JSR-06-335), January 11, 2007, Executive Summary, page 1. (Accessed at: http://www.fas.org/irp/agency/dod/jason/pit.pdf). 51 Christopher A. Ford, “Shattering Obsolete Thinking on Arms Control,” in Arms Control Today, vol.38, no.9. 17 States. This is potentially a more difficult task than in 1999, with such a debate occurring against the backdrop of concerns regarding the nuclear programs of Iran and Syria, and the nuclear test conducted by the DPRK – all of which have taken place despite the U.S. testing moratorium. On the other hand, some of those who opposed the CTBT in 1999 have since come out in support of its ratification.52 These voices may serve as credible sources of persuasion, particularly for others such as Senator John McCain, who opposed the Treaty in 1999 but who has since expressed a willingness to keep an open mind on the subject. Final observations The expression “nuclear taboo” is generally used to refer to the taboo against the actual use of a nuclear weapon, which has sprung up in the sixty-four years since the bombing of Hiroshima and Nagasaki. As more time passes since any of the states with nuclear test moratoria have conducted a test (i.e. all acknowledged nuclear weapons states except the DPRK), a similar nuclear taboo has been created. Or, perhaps, the taboo against the use of nuclear weapons has begun to extend to the testing of nuclear weapons, in spite of the fact that the CTBT has yet to enter into force. As the tests by the DPRK in October 2006 demonstrated, this taboo is fragile. In those states that have declared a moratorium, however, it has become extremely politically difficult to identify circumstances that justify a return to nuclear testing particularly if circumstances have not justified it since the last French and Chinese tests in the mid1990s. The future of the political debate on the Stockpile Stewardship Program is, of course, closely tied up in this. All of the various perspectives on the program described earlier have adherents, and, in spite of their differences, certain common themes have emerged. The first is the question of the ultimate objective of the Stockpile Stewardship Program, which has tended to be ill-defined. One of the more tangible concerns arising from this question – and, inevitably, a source of future deliberations – will be the financial cost of the program. If the future course of the SSP is unclear, as it seems to be now that the RRW program is off the table, finding political (and therefore budgetary) support for the program may prove difficult. This is, in part, because stockpile stewardship, in its present form, has self-evidently postponed any decision about modernization and new nuclear weapons. The current arsenal will last longer, perhaps a great deal longer. It will not, of course, last forever, and at some point a decision on its future will have to be taken. While the RRW program has been sidelined, there is no reason to assume it will not be revisited, although its eventual success is by no means assured, particularly if there continues to be a lack of precision regarding what the RRW concept entails and what is, and is not “new” about it, in terms of weapons and the warhead designs. Currently, its resuscitation seems to depend solely on which way the political wind blows. Those in favor of this work are likely to remain in favor of it, so long as the life extension programs are viewed as buying time before an “inevitable” need to modernize the arsenal. 52 Henry Kissinger is perhaps the most well-known name of those who have since expressed support for the Treaty’s ratification, as he did (along with George P. Schultz, William J. Perry, and Sam Nunn, in the op-ed entitled “A World Free of Nuclear Weapons,” which was published in The Wall Street Journal, January 4, 2007. 18 If, in other words, the possession of a nuclear deterrent is considered and accepted as being an indefinite requirement, then modernization of the arsenal would need to occur, at some point. Pressure to undertake such modernization sooner rather than later, given the perceived need to update the Cold War arsenal, is therefore to be expected. Conversely, if the life extension and stockpile surveillance programs were expressly understood as something else – as, for instance, a necessary step on a long road towards disarmament – then the pressing need to modernize the arsenal eases (except, of course, among those who do not consider eventual disarmament to be, ipso facto, possible or preferable). The debate over the course and shape of stockpile stewardship is, in essence, a debate over the future of the US deterrent. In turn, a debate about the future of the US deterrent (and whether or not it has one) may also be credibly understood as a window into the US intentions regarding nuclear disarmament. The results of these discussions will inevitably be held up by other actors for comparison against US rhetoric on this issue. The Stockpile Stewardship Program, it is worth noting, is not incompatible with the act of disarming. To the contrary, it has facilitated significant reductions in the stockpile from Cold War highs (something that is often overlooked in the criticism of US nuclear policy). Nonetheless, it is self-evidently incompatible with the existential state of disarmament, given that the “stockpile” in stockpile stewardship refers to a stockpile of nuclear weapons. Finally, as the debate over the CTBT has already shown, although the technical achievements and efforts of the SSP have facilitated the acceptance of a political decision (the moratorium) can not be relied upon to trump political considerations. The upcoming debate over the Treaty, ten years later, is likely to demonstrate that this is still the case. A more careful effort in convincing the undecided may prove the tipping point in favor of the Treaty’s ratification. 19