Update on the U.S.-India Nuclear Deal

WHERE'S THE DEAL NOW?

The U.S. – India nuclear deal inched closer to completion on September 27th as the U.S. House of Representatives approved the agreement by a 298-117 margin - a relatively close vote, considering the agreement would have been blocked with just 1/3 of the total votes cast as "nay". This submission followed the necessary waiver secured at the Nuclear Suppliers Group (NSG) on September 6, exempting India from international rules barring nuclear trade with countries that do not accept full-scope safeguards over all of their nuclear facilities.

Throughout its judicial process, the Bush administration has continuously disregarded non-proliferation concerns and has been pressuring Congress to approve the 123 Agreement, namely by foregoing the required 30-day review period. At the moment, the 123 Agreement lies in the Senate, where it has bi-partisan support and many, including Senate Majority Leader, Harry Reid (D-NV), want it passed before Congress adjourns. Before the Senate votes on the agreement (expected within the next few days), several non-proliferation concerns - which earlier debate and discussion have yet to resolve - must be reviewed.


PREVIOUS ACTION IN CONGRESS

Leading up to the vote, the Senate Foreign Relations Committee held a hearing on September 18th questioning the U.S. State Department of the wisdom in proceeding with the 123 Agreement. Providing testimony was Under Secretary for Political Affairs, William J. Burns, and Undersecretary for Arms Control and International Security, John G. Rood. Rood attempted to allay the Committee’s fears, stating, “India has committed itself to follow the same practices as responsible nations with advanced nuclear technology. It has agreed to participate in cooperative efforts to deal with the challenges posed by the proliferation of weapons of mass destruction and their delivery systems." However, as others pointed out, these are non-binding commitments, giving India the potential to pursue future policies expanding nuclear proliferation without international legal ramifications.

Several Senators, recognizing the 123 Agreement’s safeguards and perpetuity clause that reserves India's right to take "corrective measures" if there is a disruption in fuel supplies, are skeptical of the State Department’s optimism. Sen. Feingold (D-WI), one of two Senators on the Foreign Relations Committee voting against the agreement, has said he is still “concerned that this agreement does not have adequate protections to guard against the spread of nuclear weapons and nuclear technology… this deal seriously undermines nonproliferation efforts and could contribute to an arms race that would have global implications.” The 123 Agreement fails to include key conditions that Congress mandated in the 2006 Hyde Act, the very document that allowed the Administration to pursue negotiations with India.

Regardless of the Agreement’s deficiencies, the Senate Committee voted in favor of the Agreement by a margin of 19-2 on September 23rd.


ACTION ON THE DEAL ISN'T ALL HAPPENING IN CONGRESS

As the Senate prepares to vote on the deal, the efforts of independent organizations to continue to actively oppose the agreement for its many loopholes and flaws should not be ignored. On September 19, thirty four independent experts and organizations – including John Isaacs for the Center's sister organization, Council for a Livable World - sent a letter to members of Congress asking them to resist pressure to rush toward approving the U.S.-India nuclear agreement in its current form.

The letter identifies that the agreement now presented to Congress ignores many of the critical restrictions – common sense restrictions, like termination of the agreement if India tests nuclear weapons - from Congress's 2006 Hyde Act, (again, the very document that allowed the Administration to pursue negotiations with India).

The experts' concerns include:

• India has not signed the CTBT and therefore has no legally-binding commitment towards nuclear disarmament.
• The Agreement would indirectly assist India’s nuclear weapons program because foreign supplies of nuclear fuel to India’s civil sector will free domestic supplies for weapons-grade plutonium production.
• Additional safeguarded reactors provide little non-proliferation value as India’s nuclear weapons program lies outside its civilian sector.
• The Hyde Act’s terms regarding safeguards “in perpetuity” and “consistent with IAEA standards and practices” is yet to be agreed upon between India and the U.S.
• A declaration of facilities to be safeguarded has yet to be filed with the IAEA.
• There are no IAEA safeguards preventing India from replicating imported nuclear technologies for use in its non-safeguarded military sector.
• There are no safeguards keeping India from continuing nuclear testing.
• India has strong connections to Iran.

These concerns and others - like the future ramifications of a precedent that runs over rules like the Hyde Act - were discussed publicly during the Center's September 24th Congressional briefing with the Non-Proliferation Policy Education Center's Henry Sokolski, the Arms Control Association's Daryl Kimball, the Bi-partisan Security Working Group's Amb. Robert Grey, and the Center's Leonor Tomero.

In another forum, the GW's Elliott School of International Affairs recently hosted a panel discussion, “New Energy for the U.S.-India Nuclear Deal,” during which members from the U.S.-Business Council discussed forseeing a burgeoning cooperation from reactor building contracts, the generation of $23-45 billion in revenue, and the creation of 75,000-150,000 jobs. Dr. Michael Krepon held these predictions as overly optimistic, and argued that Senate ratification would – in essence - -make the IAEA and NSG, the institutions that have been carefully resurrected to ensure non-proliferation policies, complicit in proliferation.


WHERE TO GO FROM HERE

The Senate cannot afford to forego critical debate and discussion of this controversial deal. The Center, along with its allied organizations, advocates that Senators consider the future problems of voting for, what Lt. Gen. Robert G. Gard Jr. defines as an agreement “significantly weaken[ing] U.S. and international security,” in favor of pushing it through haphazardly before recess. The risks to years of work – including by Congress itself – for global non-proliferation are far too great.

National Security Legislative Wrap-Up

Last week, Congress completed action on both the Fiscal Year 2009 Defense Authorization Bill and the Fiscal Year 2009 Defense Appropriations Bill. The latter measure was passed in a package of bills that included the Continuation Resolution to fund through March government agencies for which no appropriations bill has been passed, three appropriations bills, loans to Detroit auto makers, and other bills. The House also passed a new Iran sanctions bill and the latest version of the U.S.-India nuclear deal. The fate of these two measures remains uncertain, as Congress is about to adjourn for the year.

KEY 2008 NATIONAL SECURITY BILLS

FISCAL YEAR 2009 DEFENSE APPROPRIATIONS BILL

On September 24, the House adopted H.R. 2638, a package of three appropriations bills -- Defense, Homeland Security and Military Construction-Veterans' Administration -- as part of the Continuing Resolution to fund through March government agencies for which no appropriations bill has been approved. This procedure was highly unusual. The bill provides $487.7 billion in total defense funding, $4 billion less than the administration's request but 6.2 percent above the FY2008 funding level. The package does not appropriate any funding for ongoing military operations in Iraq and Afghanistan.

Noteworthy provisions in the Defense Appropriations bill:

• Prohibits the use of funds to establish any permanent military installation or base in Iraq.
• Appropriates $434 million, $20 million above the administration's request, for the Cooperative Threat Reduction (CTR) or "Nunn-Lugar" program.
• Funds a 3.9 percent across-the-board pay raise for military personnel, 0.5 percent higher than the administration's request.
• Includes the Defense Department's requested active duty personnel increases of 7,000 for the Army (to 532,400) and 5,000 for the Marine Corps (to 194,000). The Navy would decrease by 4,821 (to 325,300) while the Air Force would decrease by 12,792 (to 316,771), rather than by the 12,963 requested.

On Saturday, September 27, the Senate passed the same measure by a vote of 78 - 12, with one Senator voting present. The opponents were mostly fiscal conservatives.

FISCAL YEAR 2009 DEFENSE AUTHORIZATION BILL

On September 23, the House and Senate Armed Services Committees came to agreement on a compromise bill.

Among the victories in the bill:

• Cut all funds for the Reliable Replacement nuclear Warhead.
• Denied any funds for the Space Test Bed for space-based interceptor weapons.
• Authorized $465.8 million for the missile defense sites in Poland and the Czech Republic, a cut of $246.3 million, while adding some tough restrictions on the program.
• Increased funding for non-proliferation programs.
• Declined to add any new sanctions on Iran.
• Severely criticized the national missile defense program.

On September 24, the House approved the bill by a vote of 392 to 39.

On September 27, in a rare Saturday session, the Senate approved the bill by unanimous consent. Earlier, objections to the bill had led Senate Majority Leader Reid to file cloture to force a vote, but opponents relented and let the bill slide through. The President is expected to sign the bill.

U.S. - INDIA DEAL

On September 27, the House approved the U.S.-India Nuclear Cooperation Approval by a vote of 298 - 117. The measure as passed by the House is identical to the version approved by the Senate Foreign Relations Committee on September 23 by a vote of 19 -2, with only Sens. Feingold (D-WI) and Boxer (D-CA) voting no. The Senate still has to pass the measure before it can go to the President for signing, and Senate action is up in the air.

SANCTIONS ON IRAN

On September 26, the House approved by voice vote H.R. 7112, a bill to place additional sanctions on Iran. The bill closely resembles S. 3445, a bill in the Senate. However, with Congress winding down for the year, the measure that passed the House may die.

Doreen and Jim McElvany 2009 Nonproliferation Challenge Essay Contest

In order to spur new thinking and policy initiatives to address today's most urgent proliferation threats, the James Martin Center for Nonproliferation Studies and its journal, the Nonproliferation Review, are sponsoring an essay contest to identify and publish the most outstanding new scholarly papers and reports in the nonproliferation field. Their priority is to generate new insights and specific recommendations for resolving today's nuclear, chemical, and biological weapons challenges, including those involving both state and non-state actors.

The contest features a $10,000 grand prize and a $1,000 prize for the most outstanding student essay (students are eligible to win the grand prize). Entries should not exceed 10,000 words (including endnotes) and must be the original, unpublished work of the author(s) and not under consideration for publication elsewhere. The submission deadline is May 15, 2009.

Complete contest rules and instructions can be found here.

Analysis of FY2009 Defense Appropriations in the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act (CR) for FY2009

The Center’s Travis Sharp today put out his Analysis of FY2009 Defense Appropriations in the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act (CR) for FY2009. Included below are the summary and the highlights and funding provisions relating to nuclear weapons and nonproliferation issues. The full analysis is available here.

SUMMARY

With members of Congress eager to leave town for the campaign trail, and Fiscal Year (FY) 2009 starting on October 1, Congress slapped together a consolidated appropriations package that includes several appropriations bills and a continuing resolution (known as a ‘CR’) all rolled into one. A CR is designed to fund programs at the previous fiscal year’s levels, usually on a temporary basis, in order to keep the government running. The CR in the consolidated package will fund government operations from October 1, 2008 until March 6, 2009, at which point Congress will have to appropriate more money to keep government programs running through the remainder of FY2009.

The consolidated package includes defense appropriations for FY2009. The package provides $487.7 billion in total defense funding, $4 billion less than the administration’s request but 6.2 percent above the FY2008 funding level. The package does not appropriate any funding for ongoing military operations in Iraq and Afghanistan. A FY2009 “bridge” supplemental war funding package of $68.5 billion was already appropriated by Congress in May-June 2008.

The House of Representatives passed the consolidated appropriations package on September 24, 2008. The Senate is expected to pass it in the days ahead.

HIGHLIGHTS

Cooperative Threat Reduction (CTR) “Nunn-Lugar” – Appropriates $434 million, $20 million above the administration’s request, for the Cooperative Threat Reduction (CTR) or “Nunn-Lugar” program, which secures vulnerable fissile material in Russia and states of the former Soviet Union.

Prompt Global Strike – Reduces the administration request from $117.6 million to $74.6 million, a cut of $43 million. Prompt Global Strike is an initiative to place conventional warheads atop missiles traditionally used for nuclear warheads. The bill language says the reduction was taken from the alternative re-entry system.

Focus on Near-Term Missile Defense Programs – Lamenting the fact that funding for near-term missile defense programs must be sacrificed each year “to pay for the development of futuristic missile defense programs,” the bill cuts: $70 million from Multiple Kill Vehicles (to $285 million); $16 million from the Airborne Laser; $10 million from the Space Test Bed; and $30 million from the Space Tracking and Surveillance System (STSS) follow-on program. As a consolation prize for these cuts, the bill provides $5 million for a study on space-based interceptors. Reflecting its preference for near-term capabilities, the bill provides an additional $120 million for Ground-Based Missile Defense (GMD), AEGIS Ballistic Missile Defense (BMD), and Theater High Area Altitude Defense (THAAD).

European Missile Defense – The bill provides $467 million for missile defense in Europe. The $467 million total is broken down as follows: $363.3 million for the development and testing of the two-stage interceptors and interceptor site planned for Poland; $76.8 million for the European Midcourse Radar (EMR) planned for the Czech Republic; and $27.1 million for the European Global Engagement Manager and U.S. Communications for the sites. The bill does not provide any funding for the European Based Forward Radar (AN-TPY-2) since a location has not been selected yet for the site. (For more information, see the Center's analysis)

Pattern of Missile Defense Agency Problems – The bill states: “As one of the largest research, development, test and evaluation programs in the Department of Defense, the Missile Defense Agency (MDA) has established a pattern of cost, schedule and performance problems. Tests were delayed or cancelled in fiscal years 2006, 2007 and 2008 and it is not unreasonable to assume that some of the tests planned for fiscal year 2009 will likely slip into subsequent fiscal years.”

FUNDING PROVISIONS

Total Funding (Budget Function 050 excluding war funding)
Administration request: $491.7 billion
Consolidated package: $487.7 billion

DOD Cooperative Threat Reduction Program ("Nunn-Lugar")
Administration request: $414 million
Consolidated package: $434 million

MAJOR WEAPONS SYSTEMS

Ballistic Missile Defense (Missile Defense Agency only)
Administration request: $8.9 billion
Consolidated package: $8.7 billion

KEY POLICY PROVISIONS

Incentives for Downblending Highly Enriched Uranium (HEU) – States as U.S. policy that, if Russia agrees to additional HEU downblending after completion of the Russian HEU Agreement, Russia should be permitted to import 4 kilograms of Lowly Enriched Uranium (LEU) per calendar year for every 1 kilogram of HEU that was downblended in the preceding calendar year.

Click here for the full analysis.

Analysis of House-Senate Agreement on the FY2009 Defense Authorization Bill (S.3001)

The Center’s John Isaacs and Travis Sharp today put out a terrific Analysis of House-Senate Agreement on the FY2009 Defense Authorization Bill (S.3001). Included below are the summary and the highlights and funding provisions relating to nuclear weapons and nonproliferation issues. The full analysis is available here.

Facing a full workload before leaving town for the campaign trail and ongoing member objections to earmarks, Congress decided to skip the normal conference procedure for the Fiscal Year (FY) 2009 Defense Authorization bill (S.3001). Working together, the House and Senate produced a joint bill that now must gain final approval from the House and Senate before it can be sent to President Bush for his signature. The House is scheduled to take up the bill on Wednesday, September 24, under an unusual procedure (i.e. suspension calendar) that requires a two-thirds majority vote for passage. The Senate is scheduled to take up the bill before leaving town, probably by this weekend.

The bill fully authorizes the administration’s $542.5 billion National Defense (function 050) request. The bill also authorizes $68.5 billion in "bridge" funding for ongoing military operations in Iraq and Afghanistan, for a “base” budget plus “bridge” budget grand total of $611.1 billion. Please note that the “bridge” war funding package was already appropriated by Congress in May-June 2008.

HIGHLIGHTS

European Missile Defense – Authorizes $465.8 million for the missile defense sites in Poland and the Czech Republic, a cut of $246.3 million from the administration request. Bans spending for the procurement, site activation, construction, preparation of equipment for or deployment of a long-range missile defense system in Europe until the two countries have signed and ratified (votes in Parliament) the missile defense basing agreement and a status of forces agreement permitting the stationing of the missiles and the radar and associated personnel. The Secretary of Defense also has to certify that the system “has demonstrated, through successful, operationally realistic flight testing, a high probability of working in an operationally effective manner and the ability to accomplish the mission.” (Section 233, p.78)

Missile Defense Effectiveness Report – Requires an annual report by the Director of Operational Test and Evaluation that characterizes the operational effectiveness, suitability and survivability of all elements of the ballistic missile defense system that have been fielded or tested before the end of the receding fiscal year. (Section 231, p.72) A joint explanatory statement on missile defense problems stated:

We are discouraged to note that the Missile Defense Agency (MDA) Test and Targets program has had another disappointing year. MDA failed to conduct a single intercept flight test of the Ground-based Midcourse Defense (GMD) system during fiscal year 2008, and canceled a planned and budgeted GMD flight test, designated FTG-04. Instead, it conducted a sensor flight test, FTX-03. Over the last several years, MDA has not managed to conduct an average of even one GMD intercept flight test per year, despite the fact that Congress has authorized and appropriated over $200.0 million per year to conduct two flight tests each year.

In addition, a test of the GMD system was aborted in May 2007 when the target failed to reach the necessary altitude, and a flight test of the Terminal High Altitude Area Defense (THAAD) system was aborted on September 17, 2008, when the target missile failed shortly after launch. (Joint Explanatory Statement on the bill p.15)

Spaced Based Test Bed – Denies any funds for the Space Test Bed for space-based interceptor weapons.

Boost-Phase Missile Defense – Requires an independent study on the feasibility and practicality of boost-phase missile defense. The National Academy of Sciences is also tasked with preparing a report on the same subject. (Section 232, p.73)

Space Posture Review – Requires by December 1, 2009 a space posture review covering the next decade. (Section 913, p.536)

Reliable Replacement Warhead – Redirects all $33.3 million requested for these new nuclear weapons to other, higher priority activities.

Cooperative Threat Reduction (CTR) “Nunn-Lugar” – Authorizes $434.1 million for this non-proliferation program (an increase of $20 million from the administration request), allocated as follows: $79.9 million for strategic offensive arms elimination in Russia; $ 6.4 million for strategic offensive arms elimination Ukraine; $24.1 million for nuclear weapons storage security in Russia; $40.8 million for nuclear weapons transportation security in Russia; $59.3 million for weapons of mass destruction proliferation prevention in the states of the former Soviet Union; $184.5 million for biological threat reduction in the former Soviet Union; $ 1.0 million for chemical weapons destruction; $ 10.0 million for new Cooperative Threat Reduction initiatives; and $ 20.1 million for “other.” (Section 1302, p.725)

Department of Energy Non-Proliferation Programs – Authorizes: $451.7 million for the Global Threat Reduction Initiative for highly enriched uranium reactor conversion to secure domestic research and test reactors, to secure and remove U.S. origin high risk radiological sources, to secure and remove international high risk radiological sources, and to dispose of U.S. origin highly enriched uranium located outside the United States (an increase of $120 million from the budget request); $339.7 million for the International Nuclear Materials and Cooperation program to secure nuclear weapons and weapons materials outside the United States (an increase of $22 million from the budget request); $300.1 million for non-proliferation verification research and development (an increase of $25 million from the request).

Commission on U.S. Strategic Nuclear Posture – Extends the date for completion of a final report from December 1, 2008 to April 1, 2009 and the expiration date of the commission from June 1, 2009 to September 30, 2009, but still requires an interim report by December 1, 2008 on the commission’s initial findings, conclusions and recommendations. (Section 1060, p.639)

Conventional “Prompt Global Strike” Technology – Requires a report to identify any legal, treaty, or policy related issues that might be associated with prompt global strike, an initiative to place conventional warheads atop missiles traditionally used for nuclear warheads. The report must clarify whether the system itself could be confused with a nuclear weapons system. In addition, the report would set forth a description of the types of targets against which the concept might be used. (Joint Explanatory Statement on the bill, p.31)

Iran Sanctions – Contains no new sanctions on Iran.

Iran Report – Requires an annual report on Iran’s capability to produce nuclear weapons, including its uranium enrichment program and plutonium production capabilities. In addition, the President is required to notify Congress if Iran resumes its nuclear weapons program.

FUNDING PROVISIONS

DIVISION C

Atomic Energy Defense Activities in the Department of Energy (Budget Function 053)
Administration request: $17.3 billion
Authorization bill: $17.4 billion

Click here for the full analysis.

National Security Legislative Wrap-Up

Last week, the Senate completed work on the Fiscal Year 2009 Defense Authorization bill. The House and Senate hope to come to an agreement on the bill before recessing, perhaps by the end of the week. Congress is also hoping to pass a package of three appropriations bills -- Defense, Homeland Security and Military Construction-Veterans' Administration -- by the end of the week. In the meantime, the Bush Administration is putting heavy pressure on Congress to attach the latest version of the U.S.-India nuclear deal to the Continuing Resolution -- a bill to provide temporary funding early in a fiscal year when Congress has not completed funding on appropriations bills.

KEY 2008 NATIONAL SECURITY BILLS

FISCAL YEAR 2009 DEFENSE APPROPRIATIONS BILL

Congressional leaders hope to pass a package of three appropriations bills -- Defense, Homeland Security and Military Construction-Veterans' Administration -- before recessing at the end of this week.

FISCAL YEAR 2009 DEFENSE AUTHORIZATION BILL

On September 18, the Senate approved the bill by a vote of 88 - 8. It did so only after negotiating a “managers’ package” of about 100 amendments that died because it required unanimous consent to be added to the bill. As some Republicans objected to about $5 billion in earmarks in the report accompanying the bill, the Senate approved the measure for the most part as reported out of the Senate Armed Services Committee.

The House and Senate hope to come to an agreement on a common bill before recessing, perhaps by the end of the week.

U.S. INDIA NUCLEAR DEAL

On September 10, the Bush Administration submitted the latest version of the U.S.-India nuclear deal, a so-called "123" agreement, to Congress. The Administration is pressuring Congress to approve the agreement before finishing its work for the year. It may be attached to the Continuing Resolution -- a bill to provide temporary funding early in a fiscal year when Congress has not completed funding on appropriations bills.

SANCTIONS ON IRAN

Sens. Dodd and Shelby tried to get the Iran sanctions measure attached to the Fiscal Year 2009 Defense Authorization Bill, but the measure was included in a "managers' amendment" of about 100 amendments that never received unanimous consent to be included in the bill.

Senate Consideration of the FY08 Defense Authorization Bill

The Defense Authorization Bill is dead. Long live the Defense Authorization Bill.

In a scene of considerable weirdness, the Senate yesterday approved the $612.5 Defense Authorization Bill by a vote of 88 – 8. It did so only after leaving behind a “managers’ package” of about 100 amendments that was all wrapped up with a big bow on it.

Because the package required unanimous consent to be added to the bill, and some Republicans objected to about $5 billion in earmarks in the report accompanying bill, the Senate approved the measure basically as reported out of the Senate Armed Services Committee.

After more than a week of work, the Senate considered four amendments on September 10 and zero amendments after that.

Thus there is no amendment endorsing the Iraq War surge.

There is no amendment placing more sanctions on Iran.

There is no amendment on the third missile defense site in Poland and the Czech Republic.

There is no amendment on a congressional role on any long-term agreement signed by the U.S. and Iraq.

Republicans also objected to a conference committee with the House of Representatives to reconcile the two bills, but there are procedural ways that the conference agreement can be concluded and approved by the end of next week when Congress is scheduled to leave town.

Stay tuned.

Update on the FY08 Defense Authorization Bill

The Senate voted yesterday for cloture to end debate on the bill. The vote was 61 – 32, with 13 Republicans, many up for election in 2008, voting for cloture. The result is that completion of the bill may now speed up and a number of non-germane amendments will fall by the wayside. In the meantime, the Senate yesterday continued meandering through the bill, with no recorded votes since September 10 except for cloture.

Most of the action on the bill is behind the scenes in negotiations led by Sens. Carl Levin (D-MI) and John Warner (R-VA). Apparently, there are as many as 90 amendments that will be included in the mother of all “managers’ package” of so-called non-controversial amendments that will be adopted all at one time. The Senate hopes to complete consideration of the bill today. There still could be recorded votes on endorsing the troops surge in Iraq and earmarks.

Speaking of hopes, the Senate and House Armed Services Committees also hope to complete the process of working through the differences between the chambers’ versions of the bills and producing a conference report before Congress recesses or adjourns at the end of next week.

Major Senate Amendments to FY08 Defense Authorization Bill

The Senate may vote today on two amendments – one from Lieberman, one from Levin-Reed – debating the effects of the troop surge in Iraq. The Senate also may vote on a Webb amendment on a long-term agreement with Iraq. Senators are attempting to reach agreement on a list of amendments to be debated. If no deal is reached, the Senate is scheduled to vote Tuesday afternoon on a motion to limit debate on the bill.

Highlighted below are amendments related to nuclear weapons and nonproliferation issues. New information is bolded and italicized. Amendments are divided into:

• Weapons Of Mass Destruction
• Other Foreign Policy Issues/Terrorism
• Misc. Pentagon, Department Of Energy Issues
• Amendments Already Considered

WEAPONS OF MASS DESTRUCTION

Missile defense in Europe

Sens. Sessions (R-AL), Nelson (D-NE), Lieberman (I-CT), Kyl (R-AZ), Inhofe (R-OK), Graham (R-SC), Vitter (R-LA), Brownback (R-KS), and Chambliss (R-GA) filed amendment No. 5536 offering a sense of the Senate that the United States should fully fund and proceed with the deployment of a missile defense system in Europe as soon as technically feasible.

Missile defense in Europe

Sen. Nelson (D-FL) filed amendment No. 5562 offering a sense of the Senate that while the Senate recognizes the importance of decisions taken by the Governments of Poland and the Czech Republic, it reaffirms that no funding should be obligated until the system has demonstrated through "successful, operationally realistic flight testing, that it has a high probability of accomplishing its mission in an operationally effective manner."

Sustainment of Minuteman III ICBMs

Sens. Hatch (R-UT), Bennett (R-UT), and Inhofe (R-OK) filed amendment No. 5547 offering a sense of the Senate that a national security risk may be created if production of the Minuteman III Intercontinental Ballistic Missile ceases without plans to repair or replace motors if needed after 2010.

Sense of Congress on renewal of START I treaty

Sen. Bingaman (D-NM) filed amendment No. 5423 to express the sense of Congress that the President should renew the treaty between the U.S. and Russia on the Reduction and Limitation of Strategic Offensive Arms, signed at Moscow July 31, 1991 (commonly referred to as the “START I Treaty”), before the expiration date of December 5, 2009.

Study on surveillance of nuclear weapons stockpile

Sen. Bingaman (D-NM) filed amendment No. 5424 to conduct an independent technical study of the efforts of the National Nuclear Security Administration to monitor the aging of, and to detect defects related to aging in, nuclear weapons components and materials that could affect the reliability of nuclear weapons currently in the nuclear weapons stockpile.

Restrictions on nuclear agreement with Russia

Sen. Coleman (R-MN) filed amendment No. 5362 to prevent the United States from entering into an agreement for cooperation with Russia pursuant to section 123 of the Atomic Energy Act until the following certifications have been made: 1) Russia has suspended all nuclear assistance to Iran and all transfers of advanced conventional weapons and missiles to Iran, or Iran has completely, verifiably, and irreversibly dismantled all nuclear enrichment-related and reprocessing-related programs; and 2) all Russian forces have been withdrawn from the undisputed territory of the sovereign state of Georgia.

Report on incentives for U.S. Air Force personnel working on nuclear weapons

Sen. Conrad (D-ND) filed amendment No. 5367 to require a report on assessing the feasibility, advisability, utility, and cost effectiveness of establishing new retention bonuses or assignment incentive pay for members of the Air Force involved in the operation, maintenance, handling, and security of nuclear weapons.

Annual report on military power of Iran

Sen. Brownback (R-KS) filed amendment No. 5360 to require the Secretary of Defense to submit to the appropriate committees of Congress an annual report, in both unclassified and classified form, on the current and future military and security strategy of Iran.

Airborne laser

Sen. Brownback (R-KS) filed amendment No. 5359 on the airborne laser system.

OTHER FOREIGN POLICY ISSUES/TERRORISM

Iran sanctions

Sens. Dodd (D-CT) and Shelby (R-AL) filed amendment Nos. 5485 and 5572, the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2008.

Enhanced partnership with Pakistan

Sens. Biden (D-DE), Kerry (D-MA) and Hagel (R-NE) filed amendment No. 5374 to: 1) authorize governmental assistance funds to Pakistan of up to $1.5 billion per year in each of the next five fiscal years; 2) restrict military assistance funds after FY 2010 unless it is certified that Pakistani security forces are making concerted efforts to fight Al Qaeda and the Taliban and not interfering in Pakistan’s political and judicial processes; and 3) require a comprehensive, cross-border strategy for working with Pakistan, Afghanistan, NATO, and other like-minded allies to best implement effective counterterrorism and counterinsurgency measurers.

Counterterrorism report

Sens. Bob Casey (D-PA) and Chuck Hagel (R-NE) filed Amendment No. 5299 to require the Executive Branch to produce a semiannual comprehensive report on the status of U.S. efforts, and the level of progress achieved to date, to combat and defeat al Qaeda and its affiliates under the Global War on Terrorism.

South and Central Asia

Sens. Biden (D-DE) and Lugar (R-IN) filed amendment No. 5441 to create the position of special envoy for South and Central Asia regional cooperation.

MISC. PENTAGON, DEPARTMENT OF ENERGY ISSUES

Director of independent cost assessment

Sens. Levin (D-MI), McCain (R-AZ) and Akaka (D-HI) filed amendment No. 5353 to create a Director of Independent Cost Assessment in the Department of Defense responsible for monitoring and reviewing all cost estimates and cost analyses conducted in connection with major defense acquisition programs.

Providing assistance in major attacks

Sen. Feingold (D-WI) filed amendment No.5300 requiring the establishment Within the Armed Forces of units for assistance in managing consequences of incidents of national significance involving a Chemical, Biological, Radiological, or Nuclear Device, or High-Yield Explosives.

Military inventory system

Sen. Sanders (I-VT), Feingold (D-WI) and Whitehouse (D-RI) filed amendment No. 5320 to improve inventory systems of the military departments and reducing the acquisition of unnecessary secondary inventory. The amendment would fence off $100 million in inventory purchases until the Secretary of Defense makes some required certifications about reducing inventories beyond requirements.

MAJOR AMENDMENTS CONSIDERED

Missile defense

Sens. Kyl (R-AZ), Warner, Vitter, Inhofe, Martinez, Levin amendment No. 5414 modified from an earlier version earmarking $89 million to deploy the missile defense X-band radar at a classified location was adopted by voice vote on September 10.

Missile defense

Sens. Vitter (R-LA), Inhofe (R-OK) and Kyl (R-AZ) amendment No. 5280 to increase missile defense funding was defeated 39 – 57 on September 10. The amendment would have added $100 million for Terminal High Altitude Area Defense (THAAD) system and $171 million for other missile defense programs, including up to $87 million for the Ground Based Midcourse Defense.

National Security Legislative Wrap-Up

The Senate began work on the Fiscal Year 2009 Defense Authorization bill last week, and hopes to complete consideration of the bill by tomorrow. Also last week, the Senate Defense Appropriations Subcommittee approved the Fiscal Year 2009 Defense Appropriations bill, but the House Appropriations Committee postponed its planned mark-up of its version. It is no longer clear that this appropriations bill will be completed before the congressional session ends in a few weeks.

KEY 2008 NATIONAL SECURITY BILLS

FISCAL YEAR 2009 DEFENSE APPROPRIATIONS BILL

On September 10, the Senate Defense Appropriations Subcommittee approved a $487.7 billion Fiscal Year 2009 Defense Appropriations Bill by voice vote. The bill is $4 billion less than requested by the President but 6.2% above last year's enacted level. It is now uncertain whether the bill will be completed before the end of this session, although it could be taken up in a lame duck session. The measure may become the vehicle for the Fiscal Year 2009 Continuing Resolution, a bill to provide temporary funding early in a fiscal year when Congress has not completed funding on appropriations bills.

FISCAL YEAR 2009 DEFENSE AUTHORIZATION BILL

The Senate took up the bill last week, but voted on only a few amendments. In the most significant vote thus far, a Vitter (R-LA) amendment to increase missile defense funding was defeated 39 – 57. There are about 200 amendments remaining on the bill, but Armed Services Committee Chairman Levin (D-MI) hopes to complete work on the bill early this week. Senate Majority Leader Reid (D-NV) has filed cloture on the bill to limit debate. According to hill publications, amendments on earmarks, the Iraq surge and military absentee ballots are holding up the bill.

RUSSIA "123" NUCLEAR AGREEMENT

The agreement is dead for the year in the wake of the conflict between Russia and Georgia. The Bush Administration has formally withdrawn the measure from Congress, although it could be reconsidered next year.

Congressional Schedule for DoD and DoE Bills

Provided below is an updated schedule of Congressional action on key Department of Defense (DoD) and Department of Energy (DoE) bills, as prepared by David Culp of FCNL. Click to enlarge.

Update on the FY08 Defense Authorization Bill

The Senate resumes consideration of the bill today. There were no recorded votes on Friday and there will be none today. Majority Leader Reid (D-NV) has filed cloture on the bill to limit debate, with the cloture vote scheduled for Tuesday. Senators can file new germane amendments up to 4:00 PM today. It is estimated that there are already about 200 amendments to be considered. According to hill publications, amendments on earmarks, the Iraq surge and military absentee ballots are holding up the bill.

Major Senate Amendments to FY08 Defense Authorization Bill

The Senate today resumes consideration of the bill after a day in which there were no recorded votes. There will also be no recorded votes on Friday or Monday. The Senate has been unable to come to a unanimous consent agreement governing how many and which amendments can be considered. After a query by Sen. John Warner (R-VA) to the chair, it was announced that about 220 amendments had been filed to the bill. There are several amendments that are holding up the bill, including one by Sen. DeMint (R-SC) to eliminate earmarks in the bill.

Highlighted below are amendments related to nuclear weapons and nonproliferation issues. New information is bolded and italicized. Amendments are divided into:

• Weapons Of Mass Destruction
• Other Foreign Policy Issues/Terrorism
• Misc. Pentagon, Department Of Energy Issues
• Amendments Already Considered

WEAPONS OF MASS DESTRUCTION

Sense of Congress on renewal of START I treaty

Sen. Bingaman (D-NM) filed amendment No. 5423 to express the sense of Congress that the President should renew the treaty between the U.S. and Russia on the Reduction and Limitation of Strategic Offensive Arms, signed at Moscow July 31, 1991 (commonly referred to as the “START I Treaty”), before the expiration date of December 5, 2009.

Study on surveillance of nuclear weapons stockpile

Sen. Bingaman (D-NM) filed amendments No. 5424 and 5460 to conduct an independent technical study of the efforts of the National Nuclear Security Administration to monitor the aging of, and to detect defects related to aging in, nuclear weapons components and materials that could affect the reliability of nuclear weapons currently in the nuclear weapons stockpile.

Restrictions on nuclear agreement with Russia

Sen. Coleman (R-MN) filed amendment No. 5362 to prevent the United States from entering into an agreement for cooperation with Russia pursuant to section 123 of the Atomic Energy Act until the following certifications have been made: 1) Russia has suspended all nuclear assistance to Iran and all transfers of advanced conventional weapons and missiles to Iran, or Iran has completely, verifiably, and irreversibly dismantled all nuclear enrichment-related and reprocessing-related programs; and 2) all Russian forces have been withdrawn from the undisputed territory of the sovereign state of Georgia.

Report on incentives for U.S. Air Force personnel working on nuclear weapons

Sen. Conrad (D-ND) filed amendment No. 5367 to require a report on assessing the feasibility, advisability, utility, and cost effectiveness of establishing new retention bonuses or assignment incentive pay for members of the Air Force involved in the operation, maintenance, handling, and security of nuclear weapons.

Airborne laser

Sen. Brownback (R-KS) filed amendment No. 5359 on the airborne laser system.

OTHER FOREIGN POLICY ISSUES/TERRORISM

Enhanced partnership with Pakistan

Sens. Biden (D-DE), Kerry (D-MA) and Hagel (R-NE) filed amendment No. 5374 to: 1) authorize governmental assistance funds to Pakistan of up to $1.5 billion per year in each of the next five fiscal years; 2) restrict military assistance funds after FY 2010 unless it is certified that Pakistani security forces are making concerted efforts to fight Al Qaeda and the Taliban and not interfering in Pakistan’s political and judicial processes; and 3) require a comprehensive, cross-border strategy for working with Pakistan, Afghanistan, NATO, and other like-minded allies to best implement effective counterterrorism and counterinsurgency measurers.

Counterterrorism report

Sens. Bob Casey (D-PA) and Chuck Hagel (R-NE) filed amendments No. 5299 and No. 5487 to require the Executive Branch to produce a semiannual comprehensive report on the status of U.S. efforts, and the level of progress achieved to date, to combat and defeat al Qaeda and its affiliates under the Global War on Terrorism.

Annual report on military power of Iran

Sen. Brownback (R-KS) filed amendments No. 5360 and 5488 to require the Secretary of Defense to submit to the appropriate committees of Congress reports, in both unclassified and classified form, on the current and future military and security strategy of Iran.

South and Central Asia

Sens. Biden (D-DE) and Lugar (R-IN) filed amendment No. 5441 to create the position of special envoy for South and Central Asia regional cooperation.

Afghanistan and Pakistan border region

Sens. Levin (D-MI) and Warner (R-VA) filed amendment No. 5473 requiring reports on enhancing security and stabilization in the region along the border of Afghanistan and Pakistan.

Iran sanctions

Sens. Dodd (D-CT) and Shelby (R-AL) introduced amendment No. 5485, their bill to impose additional sanctions on Iran.

MISC. PENTAGON, DEPARTMENT OF ENERGY ISSUES

Director of independent cost assessment

Sens. Levin (D-MI), McCain (R-AZ) and Akaka (D-HI) filed amendment No. 5353 to create a Director of Independent Cost Assessment in the Department of Defense responsible for monitoring and reviewing all cost estimates and cost analyses conducted in connection with major defense acquisition programs.

Providing assistance in major attacks

Sen. Feingold (D-WI) filed amendment No.5300 requiring the establishment Within the Armed Forces of units for assistance in managing consequences of incidents of national significance involving a Chemical, Biological, Radiological, or Nuclear Device, or High-Yield Explosives.

Military inventory system

Sen. Sanders (I-VT), Feingold (D-WI) and Whitehouse (D-RI) filed amendment No. 5320 to improve inventory systems of the military departments and reducing the acquisition of unnecessary secondary inventory. The amendment would fence off $100 million in inventory purchases until the Secretary of Defense makes some required certifications about reducing inventories beyond requirements.

Nuclear waste disposal

Sens. Inhofe (R-OK), Crapo (R-ID) and Craig (R-ID) have filed amendment No. 5468 to authorize $247,371,000 for defense nuclear waste disposal, which appears to be an increase of $50 million.

MAJOR AMENDMENTS CONSIDERED

Missile defense

Sens. Kyl (R-AZ), Warner, Vitter, Inhofe, Martinez, Levin amendment No. 5414 modified from an earlier version earmarking $89 million to deploy the missile defense X-band radar at a classified location was adopted by voice vote on September 10.

Missile defense

Sens. Vitter (R-LA), Inhofe (R-OK) and Kyl (R-AZ) amendment No. 5280 to increase missile defense funding was defeated 39 – 57 on September 10. The amendment would have added $100 million for Terminal High Altitude Area Defense (THAAD) system and $171 million for other missile defense programs, including up to $87 million for the Ground Based Midcourse Defense.

Major Senate Amendments to FY08 Defense Authorization Bill

At about 10:30 AM today, the Senate will begin consideration of amendments to the Defense Authorization bill (S. 3001). As yet, there is no unanimous consent agreement guiding what kind of and how many amendments will be considered, although four amendments have been queued up for today. Highlighted below are amendments related to nuclear weapons and nonproliferation issues.

Amendments pending and could be considered today:

Missile defense

Sens. Vitter (R-LA), Inhofe (R-OK) and Kyl (R-AZ) offered amendment No. 5280 to increase missile defense funding: $100 million for Terminal High Altitude Area Defense (THAAD) system and $171 million for other missile defense programs, including up to $87 million for the Ground Based Midcourse Defense.

Missile defense

Sens. Kyl (R-AZ), Vitter (R-LA) and Inouye (D-HI) offered amendment No. 5295 earmarking $89 million to deploy the missile defense X-band radar at a classified location.

Amendments filed thus far:

Providing assistance in major attacks

Sen. Feingold (D-WI) filed amendment No.5300 requiring the establishment Within the Armed Forces of units for assistance in managing consequences of incidents of national significance involving a Chemical, Biological, Radiological, or Nuclear Device, or High-Yield Explosives.

National Security Legislative Wrap-Up

Congress returns to business today, and the Senate has another vote scheduled to bring up the Fiscal Year 2009 Defense Authorization bill. Republicans have been blocking the bill because of their demand for a prior vote on oil drilling. With only three weeks of session scheduled for September, it is still less-than-certain that the authorization bill will be completed this year. Also scheduled this week is the full House Appropriations Committee mark-up of the Fiscal Year 2009 Defense Appropriations bill, a bill written in subcommittee before the recess. This appropriations bill is expected to be completed before Congress ends the session in a few weeks.

KEY 2008 NATIONAL SECURITY BILLS

FISCAL YEAR 2009 DEFENSE APPROPRIATIONS BILL

On September 9, the full House Appropriations Committee will consider the Fiscal Year 2009 Defense Appropriations Bill. Senate action on the bill has not yet been scheduled. The measure may become the vehicle for the Fiscal Year 2009 Continuing Resolution, a bill to provide temporary funding early in a fiscal year when Congress has not completed funding on appropriations bills.

RUSSIA "123" NUCLEAR AGREEMENT

The agreement is dead for the year after the conflict between Russia and Georgia. The Bush Administration is expected to formally withdraw the measure from Congress, although it could be reconsidered next year.

FISCAL YEAR 2009 DEFENSE AUTHORIZATION BILL

As the bill tends to take up to two weeks of Senate floor time, the measure has been put off until this month -- and many never be considered by the Senate. Majority Leader Harry Reid tried twice to bring up a motion to proceed to the bill, but the motion was blocked by Republicans insisting that the Senate vote first on drilling for off-shore oil. The 51 - 39 vote on July 31 on the motion to proceed was nine votes short of the required 60 votes.