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.

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.

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.

Analysis of Senate Armed Services Committee Action on FY2009 Defense Authorization Bill (S. 3001)

The Center’s Chris Hellman and Travis Sharp put out their Analysis of Senate Armed Services Committee Action on the FY2009 Defense Authorization Bill (S 3001) yesterday. The full analysis is available here, while an analysis of House action on the FY2009 Defense Authorization is here for comparison.

The Senate Armed Services Committee released its markup of S. 3001, the Fiscal Year (FY) 2009 Defense Authorization bill, on May 1, 2008. The bill, S. 3001, as reported to the full Senate by the Armed Services Committee, fully funds the administration's $612.5 billion FY2009 National Defense request.

S. 3001 provides $542.5 billion for National Defense (function 050), plus $70 billion in "bridge" funding for ongoing military operations in Iraq and Afghanistan, for a total of $612.5 billion. Of the $70 billion in war funding, $19.9 billion is for Afghanistan, $49.6 billion is for Iraq, and $500 million is for war-related military construction. $70 billion will not be enough to fund ongoing military operations throughout all of FY2009, but it will, as the Committee's press release notes, "provide sufficient funding to allow the next administration to take office without facing an immediate financial crisis in the DOD budget."

The full Senate may take up consideration of S. 3001 as early as the week of June 16.

Included below are highlights, funding provisions, funding levels, and key policy provisions relating to nuclear weapons and nonproliferation issues.

BASE BUDGET HIGHLIGHTS

Missile Defense – Cuts $270 million from the administration's request for the Missile Defense Agency. Includes an additional $270 million for near-term missile defense capabilities, including Aegis BMD, THAAD, Short-Range BMD, and the Arrow missile program. Places restrictions on the continued development of a third missile defense site based in Europe (see "Key Policy Provisions" below). Eliminates the $10 million request for the Space Test Bed.

Reliable Replacement Warhead (RRW) – Retains the Department of Energy's National Nuclear Security Administration RRW request of $10 million, but eliminates the Navy's RRW request of $23.3 million slated for "Phase 3" engineering development activities.

Nonproliferation Programs – Adds $20 million to the administration's $414.1 million request for DOD's Cooperative Threat Reduction (CTR) ("Nunn-Lugar") program for states of the former Soviet Union. Provides $1.8 billion for the Department of Energy's nonproliferation programs, $552 million above the request.

FUNDING PROVISIONS

DIVISION C
Atomic Energy Defense Activities in the Department of Energy (Budget Function 053)
Administration request: $15.9 billion
Committee: $15.9 billion

MAJOR WEAPONS SYSTEMS

BALLISTIC MISSILE DEFENSE (Missile Defense Agency only)
Administration request: $9.3 billion
Committee: $9.0 billion, $269 million below request

NON-PROLIFERATION PROGRAMS

Department of Energy Nonproliferation Programs
Administration request: $1.247 billion
Committee: $1.799 billion ($552 million above request)

DOD Cooperative Threat Reduction Program ("Nunn-Lugar")
Administration request: $414.1 million
Committee: $434.1 million

DEPARTMENT OF ENERGY NUCLEAR WEAPONS-RELATED ACTIVITIES

National Nuclear Security Administration
Administration request: $9.1 billion
Committee: $9.6 billion, which includes $6.61 billion for "Weapons Activities," $7.4 million below the "Weapons Activities" request
NOTE: $552 million increase in DOE nonproliferation program funding, above, explains growth from $9.1 billion NNSA request to $9.6 billion Committee recommendation)

Defense Environmental Clean-up
Administration request: $5.3 billion
Committee: $5.3 billion

KEY POLICY PROVISIONS

Restriction on Funds for European Missile Defense – Restricts funding for the third missile defense site in Europe until the Polish and Czech governments give final approval. The bill also restricts funding from being 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."

Review of U.S. Ballistic Missile Defense – Requires the Secretary of Defense to conduct a review of the ballistic missile defense policy and strategy of the United States. The review must be submitted to Congress no later than January 31, 2010. The bill also requires an independent assessment of the costs and benefits of boost phase missile defense. The study would be responsible for examining the Airborne Laser and the Kinetic Energy Interceptor programs, among others.

Nuke and Nonpro Highlights of House Armed Services Committee Action on the FY09 Defense Authorization Bill

The Center’s Chris Hellman and Travis Sharp put out their Analysis of House Armed Services Committee Action on the FY2009 Defense Authorization Bill (HR 5658) yesterday. The full analysis is available online and the press release is here.

The House Armed Services Committee (HASC) completed its markup of the Fiscal Year (FY) 2009 Defense Authorization bill (HR 5658) on May 15, 2008. HASC's marked up bill recommends an overall FY2009 authorization level of $601.4 billion, the amount requested by the administration. This $601.4 billion total includes $70 billion for ongoing military operations in Iraq and Afghanistan and $531.4 billion for National Defense (function 050). Of the $531.4 billion slated for National Defense, $515.2 billion is for the Department of Defense (DOD) and $16.2 billion is for the Department of Energy's nuclear weapons activities.

The FY2009 Defense Authorization bill is expected to come up for floor consideration in the House on May 22. The Senate Armed Services Committee completed its markup of its version of the FY2009 Defense Authorization bill on May 1. The full Senate is expected to consider its version of the bill sometime in June.

Included below are highlights, funding provisions, and legislative provisions relating to nuclear weapons and nonproliferation issues.

BASE BUDGET HIGHLIGHTS

Prompt Global Strike – Fully funds the $118 million request for the "Prompt Global Strike" program, plus provides an additional $7 million under the program for the Army's Advanced Hypersonic Weapon.

Missile Defenses in Europe – The bill includes $341.2 million for Research & Development and Military Construction for long-range missile defense sites in Europe, $371 million below the request. The bill also restricts funding from being obligated until the governments of the Czech Republic and Poland have agreed to basing and status of forces agreements, and DOD certifies that the system has demonstrated a "high probability of working" through "operationally realistic flight testing." (For more information, see this and this Center analysis)

Reliable Replacement Warhead (RRW) – The bill does not authorize any of the Navy's $23.3 million request for RRW, but does redirect $13.3 million of the request for Arming, Fuzing, and Firing (AF&F) systems that could be used either for RRW or for an existing weapon refurbished through the Life Extension Program. The bill does not authorize any of the NNSA's $10 million request for RRW within Directed Stockpile Work, but it does add $10 million within Advanced Certification to address questions raised by the JASON review of RRW.

Nonproliferation Programs and Cooperative Threat Reduction – The bill includes $1.5 billion in funding for Department of Energy nonproliferation programs, $208 million above the request. The bill also includes $445.1 million in funding for DOD's CTR "Nunn-Lugar" program, $31 million above the request.

Global Threat Reduction Initiative – The bill includes $389.6 million in Department of Energy funding, $170 million above the request, for GTRI, a program that strengthens nuclear and radioactive material security worldwide.

MAJOR WEAPONS SYSTEMS

Ballistic Missile Defense
Request: $10.2 billion
Committee: $9.5 billion ($719 million below request)

NON-PROLIFERATION PROGRAMS

Department of Energy Nonproliferation Programs
Request: $1.247 billion
Committee: $1.455 billion ($208 million above request)

DOD Cooperative Threat Reduction Program ("Nunn-Lugar")
Request: $414.1 million
Committee: $445.1 million

DEPARTMENT OF ENERGY NUCLEAR WEAPONS-RELATED ACTIVITIES

National Nuclear Security Administration
Request: $9.1 billion
Committee: $9.3 billion ($205 million above request)

Environmental and Other Defense Activities
Request: $6.9 billion
Committee: $6.9 billion ($28 million above request)

KEY POLICY PROVISIONS

Missile Defense Force Structure – The committee records that it "does not believe that the Missile Defense Agency has the appropriate expertise to set missile defense force structure requirements," adding that there is a "general lack of transparency and methodology." The committee directs the Secretary of Defense to develop a comprehensive plan for setting missile defense force structure and inventory requirements. The plan must include a clearer delineation of responsibilities within MDA as well as separate program element budget request numbers for each specific element within the Terminal Defense Segment and Ballistic Missile Defense Sensors.

Study of Boost Phase Missile Defense – Requires the Secretary of Defense to commission an independent assessment of the costs and benefits of boost phase missile defense. The study would be responsible for examining the Airborne Laser and the Kinetic Energy Interceptor programs, amongst others.

Report on Nuclear Weapons Inventory Control – Noting concerns over the inadvertent transfer of nuclear weapons from Minot AFB to Barksdale AFB in August 2007, and the discovery in March 2008 that nose cones for Minuteman III missiles were mistakenly shipped to Taiwan in 2006, the committee directs the Secretary of Defense and the Secretary of Energy to jointly prepare a report on the steps the Department of Defense and the Department of Energy plan to take to address nuclear weapons inventory deficiencies.

Arms Control and Nonproliferation Highlights of the Bush Administration's FY2009 Budget Request

Reliable Replacement Warhead (RRW) Program

*FY2009 Request: $40 million for the Department of Energy, in three pots:
-Directed Stockpile Work: $10 million
-Science Campaign account: $20 million
-Engineering Campaign account: $10 million
*FY2008 Request: $88.8 million for the Department of Energy; $30 million for the Department of Defense
*Final FY2008 Action: $0 for the Department of Energy; $15 million for the Department of Defense


Advanced Fuel Cycle Initiative (the technology development element of the Global Nuclear Energy Partnership (GNEP))

*FY2009 Request: $301.5 million
*FY2008 Request: $405 million
*Final FY2008 Action: $179 million (as part of Department of Energy Appropriations)

Notable Nonproliferation Programs

Cooperative Threat Reduction (Nunn-Lugar Program)
*FY 2009 Request: $414.1 million
*FY 2008 Request: $348 million
*Final FY2008 Action: $428 million (as part of Department of Defense appropriations)

Global Threat Reduction Initiative (GTRI)
*FY 2009 Request: $219.6 million
*FY 2008 Request: $119.6 million
*Final FY2008 Action: $193.2 million (as part of Department of Energy appropriations)

International Nuclear Material Protection & Cooperation
*FY 2009 Request: $429.6 million
*FY 2008 Request: $371.7 million
*Final FY2008 Action: $624.5 million (as part of Department of Energy appropriations)


Space Test Bed (i.e. space-based missile defense)

*FY 2009 Request: $10 million
*FY 2008 Request: $10 million
*Final FY 2008 Action: $0

Conventional Trident Modification Program (to equip Trident II submarine-launched long-range missiles with non-nuclear warheads)

*FY 2009 Request: No longer a unique program – merged into Prompt Global Strike technology development program which requested $119 million (i.e. development of Trident-related technologies is set to continue)
*FY 2008 Request: $175 million
*Final FY 2008 Action: $0 ($100 million was appropriated solely for alternatives to the Conventional Trident Modification Program)

Missile Defense Programs

Total
*FY 2009 Request: $12.3 billion
*FY 2008 Request: $10.4 billion (as included in the scope of the FY 2008 Defense Authorization Bill (H.R. 1585/S. 1547))
*Final FY 2008 Action: $10.1 billion (as included in the scope of the FY 2008 Defense Authorization Bill (H.R. 1585/S. 1547))

European Ground-Based Defense (GMD) Element
*FY 2009 Request: $720 million
*FY 2008 Request: $310 million
*Final FY 2008 Action: $225 million

So-Called Programs to Promote Democracy in Iran (i.e. regime change slush fund)

*FY 2009 Request: $65 million
*FY 2008 Request: $108.71 million
*Final FY 2008 Action: $60 million (as part of Foreign Operations Appropriations)


Department of Defense (DoD)

Note: “National Defense” (also known as Function 050) includes the regular operations of the Department of Defense, the nuclear weapons and other defense-related programs of the Department of Energy, and the defense-related activities of other agencies, but excludes the cost of ongoing military operations in Iraq and Afghanistan. The “base” budget (also known as Function 051) includes the regular operations of the Department of Defense only. “Supplemental War Funding” includes the cost of ongoing military operations in Afghanistan and Iraq.

National Defense (050)
*FY 2009 Request: $541 billion
*FY 2008 Request: $507 billion (as included in the scope of FY2008 Defense Authorization Bill (H.R. 1585/S. 1547))
*Final FY 2008 Action: $506.9 billion (as included in the scope of FY2008 Defense Authorization Bill (H.R. 1585/S. 1547))

Base budget (051)
*FY 2009 Request: $515.4 billion
*FY 2008 Request: $452.2 billion (as included in the scope of FY 2008 Defense Appropriations Bill, H.R. 3222)
*Final FY 2008 Action: $448.7 billion (as included in the scope of FY 2008 Defense Appropriations Bill, H.R. 3222)

Supplemental War Funding
*FY 2009 Placeholder Request: $70 billion (an additional $102.9 billion from FY 2008
remains to be enacted)
*FY 2008 Request: $189.7 billion in Supplemental Appropriations requests
*FY 2008 Action To Date: $87 billion (including $70 billion for general military operations
and nearly $17 billion for Mine-Resistant Ambush Protected Vehicles)

Analysis of FY09 Pentagon Spending Request

The Center’s Chris Hellman and Travis Sharp released their Analysis of the Fiscal Year 2009 Pentagon Spending Request today. They note that the total “top line” funding request by the Bush administration for the Defense Department in FY09 is $515.4 billion, an increase of $35.9 billion over current levels.

Of special interest, the Bush administration request increases funding for the Missile Defense Agency by approximately 4 percent over current levels to a total of $8.9 billion. It also increases funding for the nuclear weapons activities of the Department of Energy by 5.1 percent to $6.6 billion, while decreasing DoE’s nuclear nonproliferation work by 6.7 percent to a total of $1.2 billion. The request similarly decreases funding for Cooperative Threat Reduction (“Nunn-Lugar”) by 2.8 percent to $414.1 million.

See a pattern?

Included below are the sections of Hellman and Sharp’s terrific analysis that are especially relevant to nuclear weapons and nonproliferation issues. Click here for the full analysis.

HIGHLIGHTS

“Top Line” Funding -- The Bush Administration is requesting $515.4 billion for the Department of Defense in Fiscal Year 2009, which begins on October 1, 2008. This is $35.9 billion more than the current levels, an increase of 7.5 percent, and inflation-adjust (“real”) increase of 5.4 percent. This figure does not include funding for the nuclear weapons activities of the Department of Energy, which is considered part of total “National Defense” spending (Function 050). Nor does this figure include the costs of ongoing military operations in Iraq and Afghanistan.

The Office of Management and Budget estimates that total annual funding for the Defense Department alone will grow to $546 billion by Fiscal Year 2013, a figure which is undoubtedly low. Total Pentagon spending, not including funding for the Department of Energy or for actual combat operations for the period FY’09 through FY’13 will reach $2.6 trillion.

Meanwhile, in January the Congressional Budget Office estimated that the deficit for FY’09 will be $198 billion. This estimate assumes that only $70 billion will be appropriated for military operations in Iraq and Afghanistan, and does not include the additional supplemental funding that will be requested later in the year.

Funding for Contingency Operations (Supplemental Appropriations) – In addition to its annual budget request, the Pentagon is also requesting $70 billion in supplemental funding for combat operations for Fiscal Year 2009. According to the Pentagon, this is only a partial figure, and additional funds will be requested later in the year. Congress has already approved nearly $700 billion in supplemental funding for operations in Iraq and Afghanistan and an additional $126 billion in FY’08 war funding is still pending before the House and Senate.

Missile Defense – The Administration is requesting $8.9 billion for the Missile Defense Agency in FY’09, up roughly $350 million from the current $8.6 billion. Missile defense continues to receive more funding than any other weapons program in the annual Pentagon budget. This total does not include $2.3 billion for the SBIRS-High satellite program and a further $1 billion for programs such as Patriot and MEADS that are being funded directly by the services.

Cooperative Threat Reduction (CTR) -- The Administration is requesting $414.1 million for the CTR (also known as “Nunn-Lugar”) program, 2.8 percent below the current level of $425.9 million. The CTR program assists Russia and the former Soviet republics safeguard weapons of mass destruction and related technologies.

Department of Energy Activities – The request includes $6.6 billion for the nuclear weapons activities of the Department of Energy (a 5.1 percent increase), and $1.2 billion for DoE’s nuclear nonproliferation work (a 6.7 percent decrease). It includes $10 million for the Reliable Replacement Warhead (RRW) program, and $302 million for the Advanced Fuel Cycle Initiative – the Research & Development portion of the nuclear spent fuel reprocessing program under the Global Nuclear Energy Partnership.

TOTAL REQUESTED FUNDING - Future Year’s Defense Plan (FYDP) DoD Military (Function 050, including weapons activities of the Department of Energy and funding from other miscellaneous accounts.)

FY'08 $566.2 billion estimated*
FY’09 $540.9 billion requested
FY'10 $530.9 billion projected
FY'11 $544.8 billion projected
FY’12 $559.2 billion projected
FY'13 $573.9 billion projected
Total, FY’09-'13 $2,749.7 billion projected

* This figure likely includes a portion of the costs of military operations in Iraq and Afghanistan, but does not appear to include an estimated $126 billion in emergency war funding still pending before Congress

FY’09 FUNDING REQUEST FOR BALLISTIC MISSILE DEFENSE

Ballistic Missile Defense Agency
$8,605.6 million -- FY’08 Total
$8,946.1 million -- FY’09 Request

SELECTED FUNCTIONS

Terminal Defense
$1,045.3 million -- FY’08 Total
$1,019.1 million -- FY’09 Request

Boost Defense
$510.2 million -- FY’08 Total
$421.2 million -- FY’09 Request

Midcourse Defense
$2,243.2 million -- FY’08 Total
$2,076.7 million -- FY’09 Request

AEGIS BMD
$1,126.3 million -- FY’08 Total
$1,157.8 million -- FY’09 Request

BMD Sensors
$585.1 million -- FY’08 Total
$1,077.0 million -- FY’09 Request

Space Tracking & Surveillance
$231.5 million – FY’08 Total
$242.4 million – FY’09 Request

BMD Technologies
$108.4 million -- FY’08 Total
$118.7 million -- FY’09 Request

Advanced Concepts
$196.9 million -- FY’08 Total
$288.3 million -- FY’09 Request

BMD System Interceptors
$340.1 million -- FY’08 Total
$386.8 million -- FY’09 Request

Multiple Kill Vehicle
$229.9 million -- FY’08 Total
$354.5 million -- FY’09 Request

Other MDA Programs
$1,934.0 million -- FY’08 Total
$1,748.3 million -- FY’09 Request

Joint Theater Air Missile Defense Org. (Joint Staff)
$53.7 million -- FY’08 Total
$55.3 million -- FY’09 Request

GRAND TOTAL Ballistic Missile Defense
$10,438.7 million -- FY’08 Total
$12,259.9 million -- FY’09 Request

Breakdown of NNSA FY09 Nuclear Weapons Budget Request

The folks over at Nuclear Watch New Mexico just put out a terrific breakdown of the National Nuclear Security Administration (NNSA) Fiscal Year 2009 nuclear weapons budget request.

They report that total NNSA nuclear weapons costs are approximately $340 million higher than advertised in “Total Weapons Activities” section of the budget for a total cost of just under $7 billion. They also note that NNSA is seeking to continue RRW through the Advanced Certification Campaign.

Click on the image for a larger, more readable version, or click here for the full PDF version of this graph.

Stay tuned for more complete details on the FY2009 budget numbers as they related to nuclear weapons and nonproliferation programs.