Victories in Senate on DOD Authorization Bill
Senate Decisions on S. 2514, the Defense Authorization bill
On June 27, 2002, the Senate completed action on the fiscal year 2003, approving the bill by a vote of 97 - 2.
There some important victories on nuclear-related issues during consideration of the bill:
- Nuclear bunker buster: No Senator challenged the Senate Armed Services Committee’s decision to eliminate the Administration’s request for $15.5 million to begin work on a new nuclear earth penetrating weapon (so-called bunker buster) to target deeply buried underground bunkers and silos. The House funded the program.
- Nuclear testing: No Senator challenged the Senate Armed Services Committee’s decision not to approve the request contained in the Administration’s Nuclear Posture Review to speed up preparations to resume nuclear explosive testing. The Administration asked to reduce the time between an Administration decision to resume nuclear explosive testing and an actual test. The House adopted a provision in its version that would shorten the current 24 - 36 months to 12 months. If Congress winds up adopting this provision, it will move the United States closer to a resumption of nuclear explosive testing for the first time since 1992.
- Missile defense oversight: No Senator challenged the Senate Armed Services Committee’s provisions requiring oversight of the missile defense program, requiring the Director of Operational Test and Evaluation to conduct an annual operational assessment, the Joint Requirements Oversight Council to review the cost schedule and performance criteria for missile defense programs, and the Secretary of Defense to provide to Congress cost and schedule information similar to that required for other major defense programs. The Missile Defense Agency has been trying to avoid most oversight of its programs. The House did not include oversight provisions.
- Secrecy: Sen. Reed’s (RI) and Levin’s amendment No. 4029 to limit the Pentagon’s secrecy blanket that it plans to throw over future missile defense tests was adopted by voice vote. On May 14, Department of Defense officials had announced that they intended to classify details of future flight tests of the national missile defense system. The Reed amendment requires a report to the Congress and the public about each test within 120 days, with a classified annex as required to be sent to Congress. The reports are to describe the objectives of each test, and whether the objectives were met.
- Nuclear tipped interceptor: Senators Feinstein’s and Stevens’ amendment No. 4135 to bar any spending for nuclear warheads for the missile defense system was adopted by voice vote. The House Armed Services Committee recommended research into nuclear-armed interceptors for the U.S. missile defense program. “None of the funds authorized to be appropriated by this or any other Act may be used for research, development, test, evaluation, procurement, or deployment of nuclear armed interceptors of a missile defense system.” The House recommended research into nuclear-armed interceptors for the U.S. missile defense program.
- Nuclear terrorism: Sen. Domenici’s amendment No. 4009 to expand the current non-proliferation programs of the Department of Energy was adopted by voice vote. The amendment includes provisions to accelerate and expand existing programs for disposition of fissile materials. It includes a program to accelerate the conversion of highly enriched uranium into forms unusable for weapons. It authorizes new programs for global management of nuclear materials, in cooperation with other nations and with the International Atomic Energy Agency. The amendment authorizes $15 million for a new R&D and demonstration program to address nuclear or radiological (“dirty bombs”) terrorism and $40 million to accelerate the “blenddown” of Highly Enriched Uranium, $20 million for the Department to work with the international community to develop options for a global program for international safeguards, nuclear safety and proliferation-resistant nuclear technologies and other additional funding.
- Tactical nuclear weapons: Sen. Conrad’s amendment No. 4133 requiring a report by the President on the Administration’s efforts to reduce the threats associated with Russia’s tactical nuclear arsenal and the outlines of a special initiative related to reducing the threat from Russia’s tactical nuclear stockpile was adopted by voice vote.
- Nunn-Lugar funding: No Senator challenged the Senate Armed Services Committee’s decision to provide the President with the authority to waive restrictions on Cooperative Threat Reduction assistance to Russia on an annual basis if such assistance is deemed to be in the national security interests of the United States. The House provided only a three year waiver.
- Universal standards for the protection of nuclear materials: No Senator challenged the Senate Armed Services Committee provision offered by Sen. Carnahan called the Global Nuclear Security Initiative Act which expresses a Sense of Congress that the Department of Energy should, in close consultation with Russia and other U.S. allies, develop a program of activities and incentives to encourage all countries that possess nuclear materials to adopt and adhere to universal standards on the physical protection of nuclear materials and nuclear facilities.
An ambiguous outcome:
- Missile defense: The Senate by unanimous consent adopted both the Warner amendment and the Levin second degree amendment concerning missile defense.
The Warner amendment would restore the entire $814.3 million that the Senate Armed Services Committee cut from missile defense — if later inflation estimates provide additional money — with the President given the option of spending the $814.3 million on either missile defense programs or on combating terrorism. Warner offered no program cuts to offset the additional money in the Defense Authorization bill.
The Levin second degree amendment states that if there is additional money available due to revised inflation estimates, combating terrorism is the top priority over missile defense.
With the adoption of the two amendments, the President would still have the option of determining how to allocate any additional funds between combating terrorism and missile defense.
However, the Administration is still dissatisfied with the Senate position, in part because there are no guarantee that the $814 million will be available for missile defense. Deputy Defense Secretary told the House Armed Services Committee on June 27 that the Senate bill, even with the adoption of the Warner amendment, was still unacceptable and could lead to a Presidential veto (DefenseNews.com, June 27,2002). The House provided the full Administration request.
Other amendments considered:
- Crusader: Sen. Levin’s amendment to transfer the $475.6 million that the Pentagon requested for the Army’s Crusader artillery system into a separate account for Army’s future combat system line was adopted 96 - 3. In addition, the Army Chief of Staff and the Secretary of Defense are required to submit a report on future uses of this money. The amendment included a second degree amendment from Sen. Warner to permit the Secretary of Defense to simply notify Congress about how he proposes to spend the money (after a 30-day delay), rather than go through the formal re-programming process.
- Benefits for disabled veterans: On behalf of the Committee, Sen. Levin’s and Warner’s amendment to permit disabled veterans to receive both their military retirement and veterans’ disability benefits was adopted by voice vote.
- Budget caps: Sens. Conrad’s, Feingold’s and Domenici’s amendment to establish budget caps for the next two years failed when a budget point of order could not be waived on a 59 - 40 vote (60 votes were needed). The cap for fiscal year 2003 would be $768.1 billion, about the same figure included in the Senate Budget Committee’s budget resolution.
- Abortion in overseas military hospitals: Sens. Murray and Snowe’s amendment to permit military service women to obtain abortion in overseas military hospitals was adopted 52-40.
- Abaya: Sens. Smith’s (NH) and Dayton’s amendment to block the Pentagon from requiring women service members stationed in Middle Eastern nations to wear traditional abayas, garments that cover the face and body, was adopted 93 - 0.
- Public-Private competition: Sen. Kennedy’s amendment to promote publicprivate competition for Department of Defense work was tabled by a 50 - 49 vote.
- Increased force levels: Sen. Cleland’s and McCain’s amendment No. 4033 to authorize up to 12,000 additional personnel beyond the Administration’s request was adopted by voice vote.