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National Security Legislative Calendar

October 6, 2008

[New information bolded and italicized]

Congress is now in recess for the election. In its final item of national security business last week, Congress approved the U.S.-India nuclear cooperation agreement. An attempt to win approval of new sanctions on Iran failed in the Senate. The Senate is expected to return for a lameduck session in mid-November; the House schedule is not clear.

KEY 2008 NATIONAL SECURITY BILLS

FISCAL YEAR 2009 DEFENSE APPROPRIATIONS BILL

On July 30, the House Defense Appropriations Subcommittee marked up the Fiscal Year 2009 Defense Appropriations bill. The subcommittee approved $487.7 billion, $4 billion below the President's request and $28.4 billion above the Fiscal Year 2008 enacted level. There is no funding for the wars in Iraq and Afghanistan, which is contained in the already approved Supplemental Appropriations Bill. The bill requires a report from the Secretary of Defense on his plans to close the Guantanamo Bay, Cuba, prison.

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.

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 by a vote of 78 - 12, with one Senator voting present. The opponents were mostly fiscal conservatives.

FISCAL YEAR 2009 DEFENSE AUTHORIZATION BILL

On May 1, the Senate Armed Services Committee released its markup of the Fiscal Year 2009 Defense Authorization bill. This bill, as reported to the full Senate by the Armed Services Committee, fully funds the administration’s $612.5 billion FY2009 national defense request, as did the FY2009 Budget Resolution passed by the Senate on March 13.

Noteworthy provisions in the Senate Armed Services Committee's marked up bill include:

Retains the budget request for Reliable Replacement Warhead at the National Nuclear Security Administration, but reduces Navy RRW funding by $23 million.
Adds more than $120 million for various nuclear nonproliferation efforts.
Amends the Arms Export Control Act to provide limited waiver authority to allow the Departments of Energy and Defense to conduct work to denuclearize North Korea, and adds $50 million to NNSA for this work.
Authorizes full funding for the administration’s $720 million request for the third missile defense site in Europe, but limits the use of funds for construction or deployment until two conditions are met: 1) the European government gives final approval (including parliamentary approval) of any deployment agreement negotiated with the United States; and 2) 45 days have elapsed after Congress receives the report required in the National Defense Authorization Act for FY2008.
Prohibits using DOD funds authorized by the bill from being used for large-scale (defined as over $2 million) infrastructure projects in Iraq.

Early in the morning of May 15, the House Armed Services Committee approved by a vote of 61 – 0 the annual Defense Authorization bill (H.R. 5658). The bill authorizes $531.4 billion for the regular budget, plus an additional $70 billion as a down payment on next year’s costs for the wars in Iraq and Afghanistan, for a total of $601.4 billion. (Detailed analysis is here.

Some of the major decisions include:

Cut the $712 million request for a proposed third missile defense site in Europe by $371 million (Everett [R-AL] amendment to restore the funds rejected 24 - 34).
Conditioned most of the spending on the third missile defense site on certification of the system’s effectiveness and approval of the plan by the Polish and Czech parliaments.
Cut all $10 million for the Space Test Bed for space-based interceptor weapons (Everett (R-AL) amendment to restore $5 million to study the program rejected 26 - 33).
Authorized $254.4 million for the Multiple Kill Vehicle missile defense system, a reduction of $100 million (Franks [R-AZ] amendment to restore the funds failed 25 - 34).
Redirected $10 million in the National Nuclear Security Administration budget request for the Reliable Replacement Warhead (RRW) and $23.2 million in the Navy budget for the RRW to other, higher priority activities.
Authorized $445.1 million for the Cooperative Threat Reduction program, an increase of $31 million.
Approved $1.5 million for Department of Energy non-proliferation programs, an increase of $215 million.
Recommended $389.6 million for the Global Threat Reduction Initiative (GTRI), an increase of $170 million.

The Committee rejected a Saxton (R-NJ) amendment setting a four percent Gross Domestic Product (GDP) planning figure for the Pentagon budget when it instead approved 34 - 27 a Spratt (D-SC) amendment stating that defense spending should be based on threats and security strategy.

The Committee also watered down a Hunter (R-CA) - Franks (R-AZ) amendment that would have required the Pentagon to develop and maintain a military option against Iran. The eventual amendment adopted by voice vote requires a Pentagon report on the full range of Middle East contingencies, including Iran and its nuclear facilities.

On May 22, the full House approved the bill by a vote of 384 – 23. Several of the key recorded national security votes were:

Franks (R-AZ) amendment to add $719 million for missile defense, the amount cut by the committee, failed 186 – 229.
Tierney (D-MA) amendment to transfer $966 million from missile defense to other programs failed 111 – 292.
Pearce (R-NM) amendment to add $10 million for the Reliable Replacement Warhead failed 145 – 271.
Lee (D-CA) amendment to require any long-term agreement between the U.S. and Iraq to receive congressional approval was adopted 234 – 183.
Braley (D-IA) amendment requiring a report on the long-term costs of the wars in Iraq and Afghanistan was adopted 245 – 168.
Price (D-NC) amendment barring contractors from being used in interrogations was adopted 240 – 168.
Holt (D-NJ) amendment requiring videotaping or electronic recording of detainee interrogations was adopted 218 – 192.

On September 8, the Senate voted 83 - 0 to close debate on a motion to proceed with the bill.

On September 10, the Senate took up the bill, but voted on only a few amendments. A Vitter (R-LA) amendment to increase missile defense funding was defeated 39 – 57.

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.

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 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.

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 still up in the air.

On October 1, in the waning days of the session, the Senate approved the agreement by a vote of 86 – 13. A Dorgan (D-ND) - Bingaman (D-NM) amendment to prohibit nuclear trade with India in the event that India detonates a nuclear weapon and to impose certain reporting requirements was defeated by voice vote.

SANCTIONS ON IRAN

On June 18, the Senate Finance Committee voted 19 - 2 to approve a bill to impose new sanctions on Iran. The measure also includes language to block a U.S-Russia nuclear agreement (a "123" agreement) because of Moscow’s provision of nuclear fuel and conventional weapons to Iran. On May 13, the Bush administration submitted the nuclear deal to Congress, which would allow U.S. nuclear companies access to the Russian market and the transfer of nuclear materials between the two countries. An effort by Sen. Jeff Bingaman (D-NM) to strip out the language blocking the Russia agreement failed, 4-15.

On July 7, Senator Max Baucus (D-MT) formally introduced the bill as S. 3227.

The House of Representatives may consider a resolution introduced by Reps. Gary Ackerman (D-NY) and Mike Pence (R-IN) that has about 275 sponsors. H.Con.Res. 362 is non-binding resolution that demands that President Bush initiate an international effort to prohibit petroleum exports to Iran and impose stringent inspections on everything entering or departing Iran. Some view a potential blockade as an act of war. The Senate version is S. Res. 580, introduced by Sens. Evan Bayh (D-IN) and John Thune (R-SD), which currently has 50 co-sponsors.

On July 17, the Senate Banking Committee approved still another Iran sanctions bill by a vote of 19 - 2. The measure, introduced by Senate Banking Committee Chair Christopher Dodd (D-CT) and Ranking member Richard Shelby (R-AL), would impose sanctions on foreign subsidiaries of U.S. companies that do business with Tehran.

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.

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.

Just before the beginning of the election recess, Senate Majority Leader Harry Reid tried to gain unanimous consent to bring up and pass new sanctions on Iran, but Republicans objected.

FISCAL YEAR 2009 ENERGY AND WATER APPROPRIATIONS BILL

On June 17, the House Energy and Water Appropriations Subcommittee marked up or wrote its annual bill that included $33.3 billion for Fiscal Year 2009. It cut all funds for the Reliable Replacement Warhead and prohibited any spending for the project. It increased nuclear non-proliferation funding by $283 million. The Subcommittee also cut the $302 million for the Global Nuclear Energy Partnership to $120 million and restricted the use of the remaining funds, recommended no funding (a cut of $145 million), for the manufacture of new nuclear weapons pits (which are the core of the weapons), and no funds (a cut of $100 million) for the Chemistry and Metallurgy Research Facility Replacement. It increased funding for the Global Threat Reduction Initiative from $220 million to $407 million, Non-Proliferation and International Security from $140 million to $185 million and international nuc! lear materials protection and cooperation from $430 million to $609 million.

FISCAL YEAR 2009 STATE, FOREIGN OPERATIONS APPROPRIATIONS BILL

On June 25, the full House Appropriations Committee approved the bill as reported by the Subcommittee.

ACTION COMPLETED IN 2008

FISCAL YEAR 2009 BUDGET RESOLUTION

The Senate Energy and Water Subcommittee completed its mark-up on July 8 and the full Committee on July 10. While few details of the mark-up are available, the Committee cut the entire $10 million request for the Reliable Replacement Warhead but approved $145 million for plutonium pit manufacturing. It is not clear if or when if the bill will be considered by the full Senate.

On July 16, the House State and Foreign Operations Appropriations Subcommittee approved the Fiscal Year 2009 State, Foreign Operations and Related Programs appropriations bill. On July 17, the Senate Appropriations Committee approved its version of the bill. Both bills provide $36.6 billion in funding and represent the largest component of the Fiscal Year 2009 International Affairs Budget. When combined with the proposed $1.3 billion in funding for the International Food Aid Programs (Agriculture Appropriations) and $300 million for the Global AIDS Fund (HHS-Labor Appropriations), total spending for the FY09 International Affairs Budget will be $38.2 billion. This spending level represents a $1.6 billion reduction from the Administration's request and a $4 billion increase or 11% increase over FY08 base spending levels.

Both chambers approved the Fiscal Year 2009 Budget Resolution. There were no challenges in the Senate to the military budget requested by the Bush Administration: $542 billion for defense budget authority (function 050 in the budget) plus $70 billion as a down payment for the wars in Iraq and Afghanistan. In the House, Rep. Barbara Lee (D-CA) offered a Progressive Caucus alternative budget that would have cut the defense budget authority to $468 billion, $69 billion less than requested. The amendment failed 98 - 322.

However, when considering the "soft power" portion of the federal budget (including the State Department budget, peacekeeping, international organizations and foreign assistance), the Senate voted 73 - 23 for a Biden (D-DE) - Lugar (R-IN) amendment to restore $4.1 billion to the international affairs budget that the Senate Budget Committee had cut. As the Senate has now approved the Administration request of $39.8 billion and the House approved $1.5 billion less, the final number will have to be worked out in a House-Senate conference.

A House-Senate conference to resolve differences between the two versions of the Fiscal Year 2009 Budget Resolution was concluded on May 20. The conference report provided $1.1 trillion in Fiscal Year 2009 discretionary spending, which is $24 billion above the $991.6 billion requested by the Administration. The total budget including mandatory spending (Social Security, Medicare), is $3 trillion. The recommended funding for defense discretionary funding is $537.8 billion in budget authority and $568.7 billion in outlays -- not including money to pay for the wars in Iraq and Afghanistan. The conference report also provided $38.3 billion for International Affairs budget authority and $38.4 billion in outlays. Although this funding level is $1.5 billion below the Administration's request, it is $4 billion above the FY08 enacted level of $34.3 billion.

IRAQ WAR MEASURES

On June 4, the Senate adopted the Budget Resolution conference report by a vote of 48 to 45. Senators John Warner (R-VA) and Peter Domenici (R-NM) withheld their "no" votes as both Senators Edward Kennedy (D-MA) and Robert Byrd (D-WV) were absent.

FISCAL YEAR 2008 SUPPLEMENTAL APPROPRIATION BILL

On June 5, the House voted 214 to 210 to adopt the conference report.

On February 26, the Senate began to consider two measures related to Iraq introduced by Sen. Russell Feingold (D-WI). The first measure would have cut funding for U.S. troops 120 days after enactment of the measure except for specified purposes, including bringing the troops home. The second measure would required an Administration report to Congress on its strategy for combating al Qaeda. Surprisingly, Senate Republicans, eager to discuss what they believe to be a successful surge in Iraq, decided to vote for cloture on both measures. On February 26, the Senate voted 70 - 24 on the motion to proceed to debate on the first Feingold bill. On February 27, the Senate voted 89 to 3 to end debate on the motion to proceed to the second Feingold measures. But after a hefty three days of debate, both measures were withdrawn without a final vote.

On May 15, the House of Representatives took action on the Supplemental Appropriations Bill (HR 2642) by approving two parts of the bill but rejecting funds for the wars in Iraq and Afghanistan. Unexpectedly, the House rejected Amendment 1 appropriating $162.6 billion to continue funding the wars in Iraq and Afghanistan well into 2009. The vote was 141 - 149, with 132 Republicans protesting the procedures for considering the bill by voting “present.” Another way of looking at the vote: the House voted no-confidence in President Bush’s Iraq war policy. Sixty-three percent of the Democrats voted no, as did two Republicans.

The House approved 227 - 196 Amendment 2 that included many provisions limiting the President’s authority to wage unrestrained war. Most Republicans voted against Amendment 2, which included provisions:

Requiring the U.S. to begin withdrawing troops from Iraq within 30 days of passage of the bill, with a goal of having most of the troops out of Iraq by December 31, 2009
Mandating that any unit deployed to Iraq meet Pentagon requirements that it be "fully mission capable."
Banning permanent bases.
Banning torture by requiring the CIA to comply with interrogation techniques in the Army Field Manual.
Prohibiting most U.S. aid to Iraq unless Baghdad matches every dollar spent.
Prohibiting extending the deployment in Iraq of U.S. forces beyond time periods established in Pentagon policy.
Prohibiting the deployment to Iraq of U.S. forces that have not spent sufficient time between deployments “dwell time” at home station.
Prohibiting any agreement with Iraq committing the United States to deploy its forces in defense of Iraq or concerning the number or mission of U.S. forces in Iraq unless approved by Congress.
Prohibiting any agreement with Iraq that would subject U.S. military personnel to the jurisdiction of Iraqi criminal courts or punishment under Iraqi law.
Requiring U.S. forces in Iraq to pay no more for fuel than the discounted price paid by Iraqis.
Extending from 3 to 5 years the statute of limitations on criminal and civil statutes on fraud during wartime including in Iraq and Afghanistan.
Prohibiting profiteering and fraud when providing goods for a U.S. overseas mission.
Expanding the jurisdiction of the Military Extraterritorial Jurisdiction Act to include contractors working for any US government agency.

The House approved Amendment 3 256 - 166 establishing a new G.I. Bill and providing domestic and international assistance:

Establishing a new G.I. bill expanding educational benefits for U.S. troops who serve in Iraq and Afghanistan—paid for by a surtax on individuals earning over $500,000 annually or couples earning $1 million:<
Providing $1.2 billion for global food aid.
Appropriating $5.8 billion to repair levees in Louisiana.
Approving an additional 13 weeks of unemployment compensation.
Blocking seven Administration Medicaid regulations that will increase the cost of health care.
Funding the President’s request for State Department, USAID, and Justice Department operations and programs overseas.
Increasing funding by about $2.2 billion over the President’s request to fully fund military quality of life initiatives, such as base closing (BRAC) requirements, military child c! are center, and military hospital construction.
Funding increased costs for the Bureau of Prisons and the decennial census cost overruns.

On May 15, the Senate Appropriations Committee approved by voice vote the Supplemental Appropriations Bill. The Committee also approved three separate amendments: $169 billion for the wars in Iraq and Afghanistan; more than $25 billion for new domestic spending; and provisions limiting the President’s authority to wage unrestrained war, including setting a goal for most U.S. troops to be out of Iraq by June 2009.

Along the way, the Committee added many provisions on a bi-partisan basis that the House did not consider.

Among the Committee-approved provisions:

Providing incentives for Highly Enriched Uranium imports from Russia.
Establishing procedures for permitting more foreign agricultural workers in this country.
Extending for three years a returning working provision under H-2B visas.
Adding $1 billion for low-income heating assistance.
Extending unemployment insurance for 13 weeks.
Establishing a G.I. educational bill for Iraq and Afghanistan war veterans.
Delaying seven Medicaid rules issued by the Bush Administration.
Providing $400 million for state and local law enforcement.
Adding $100 million for border security.
Funding $50 million to fund the Adam Walsh Act for tracking unregistered sex offenders.
Adding $300 million for aid to Jordan to care for Iraqi refugees.
Providing food assistance to Haiti.

Two amendments were rejected after extensive debate:

A Brownback (R-KS) amendment limiting a waiver of sanctions against North Korea to permit the U.S. to help North Korea dismantle its nuclear program failed 6 -23.
An Allard (R-CO) amendment to permit oil shale mining was defeated 14 – 15.

On May 22, the full Senate completed action on the bill. The Senate approved $169 billion for the wars in Iraq and Afghanistan by a vote of 70 – 26. The 26 votes against the bill were a significant increase from the 14 votes against a similar bill last year. The Senate rejected a second amendment with a number of Iraq-war related provisions by a vote of 34 – 63, with both Republicans and anti-war Democrats voting “no.” In a surprise, the Senate approved a package that included the G.I. bill and domestic provisions by a lopsided vote of 75 -22. That amendment included an extension of unemployment benefits, a delay of Medicaid rule changes proposed by the Bush Administration, $10.4 billion for hurricane and disaster relief and $1 billion for low-income home heating assistance. (Detailed analysis available here: http://livableworld.org/r/9125/55052/):

NORTH KOREAN ASSISTANCE

On June 19, the House approved a new version of the Supplemental bill. It voted 269 - 155 for $161.8 billion in war funding. The House had a separate vote on the portion of the bill that included expanded GI Bill education benefits for returning veterans, extended unemployment benefits for an additional 13 weeks, a moratorium on six Medicaid provisions, emergency funding for flood victims in the Mid West, Hurricane Katrina relief in Louisiana and $10.1 billion for the international affairs budget. The second vote was 416 - 12.

On June 26, the Senate approved the bill by a vote of 92 - 6 and sent it to the President for signing.

WIRETAPPING AND WATERBOARDING

On May 14, the House passed two bills by voice vote related to North Korea. One bill, H.R. 5834, increased refugee assistance and human rights and democracy-building programs in North Korea. The second bill, H.R. 5916, waived provisions in law that hindered U.S. assistance to North Korea in order to facilitate dismantling its nuclear plants. A similar provision is contained in the Senate version of the Supplemental Appropriations Bill.

As part of the completed fiscal year 2008 Supplemental Appropriations to pay for the wars in Iraq and Afghanistan, Congress tacked on a waiver to the 1994 Glenn amendment, an amendment which limited the United States' ability to provide financial assistance to North Korea for dismantlement of its nuclear weapons program. The waiver was an arcane but crucial step in enabling further progress to be made on removing nuclear materials and shutting down North Korea's Yongbyon reactor. Up until now, the Glenn amendment had hindered the Department of Energy from funding work to verify and assist North Korea in disabling and dismantling its nuclear weapons programs.

On February 12, the Senate approved continued surveillance of Americans by a 68 - 29 vote, with 19 Democrats voting in favor. The major difference between the Senate and House-passed bills is whether to provide retroactive immunity for telecommunications companies that participated in warrantless surveillance. On February 13, the Senate approved the Intelligence Authorization bill (HR 2082) which included language that bars the use of waterboarding as an interrogation technique. The vote was 51 - 45. The President vetoed the bill because of this restriction, and there are not sufficient votes to overcome the veto. On March 12, the House voted 225 - 188 to override the veto, but failed to gain the two-thirds vote required.

RUSSIA "123" NUCLEAR AGREEMENT

In June, after months of negotiations, House and Senate negotiators agreed on a compromise bill which provided more court and congressional oversight but still provided immunity for telecommunications companies. On June 20, the House approved the latest version 272 - 142, with Democrats split on the bill.

On July 9, the Senate approved the bill by a 69 - 28 vote, and the President signed the bill the next day. Before the vote, the Senate rejected 32 - 66 a Dodd (D-CT) amendment to strike the section in the bill providing retroactive immunity to telephone companies who assisted the Bush Administration warrantless surveillance program. The Senate rejected 37 - 61 a Specter (R-PA) amendment authorizing a court review of the constitutionality of the Bush program before the suits could be dismissed. It also rejected 42 - 56 a Bingaman (D-NM) amendment to stay all pending lawsuits for 90 days after Congress receives an inspector general's report on the program.

On July 7, Senator Max Baucus (D-MT) formally introduced the bill as S. 3227.

On July 24, the House Foreign Affairs Committee adopted legislation approving a civilian nuclear agreement between the U.S. and Russia, but added conditions on Russian support for Iran. The measure requires the President to certify that Russia is not helping Iran's nuclear weapons program and supports U.N. Security Council sanctions on Iran. Proponents argue that the only way to get the deal approved this year is to include these conditions.

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.