August 1, 2022 Update
[New information bolded and italicized]
As Congress goes into its modified August summer recess — modified because there is likely to be a brief return to Washington, D.C. — this is the last National Security Legislative Calendar until after Labor Day.
The Senate is in session one more week; the House is out of session for the month — except it will return to consider the latest Chuck Schumer (D-NY)-Joe Manchin (D-WV) agreement called the Inflation Reduction Act of 2022 if and when it passes the Senate.
This schedule also means that further action on major national security issues is stalled until September.
— The Senate may consider the Fiscal Year 2023 National Defense Authorization Bill and may vote on major amendments at that time — or not. The House has already approved its version of the bill.
— With Congress unable to agree on appropriations measures before the beginning of Fiscal Year 2023 on October 1, in September Congress will have to approve a Continuing Resolution, a bill to continue spending at Fiscal Year 2022 levels until the Senate and House agree on new funding levels. The House has approved six of 12 appropriations bills; the Senate is zero for 12 and if recent past practice is followed, the Senate Appropriations Committee will approve bills and bypass the full Senate for direct negotiations with the House on funding levels.
On July 30, Senate Democrats proposed a $792 billion defense spending bill that would dramatically increase the Biden administration’s military spending plans for Fiscal Year 2023. However, Senate Republicans are likely to insist on a still higher number.
Sen. Richard Shelby (R-AL), the top GOP appropriator had previously said Congress hoped to fund the government with a short stopgap then strike a full funding deal in the November-December lame duck session.
Still and forever pending: the administration has sent classified versions of the following documents to Congress, but the unclassified versions of the Biden administration’s Nuclear Posture Review, National Defense Strategy and National Security Strategy remain in bureaucratic limbo.
Key Fiscal Year 2023 National Security Bills
Fiscal Year 2023 National Defense Authorization Bill
On June 16, the Senate Armed Services Committee completed the markup or writing of its version of the Fiscal Year 2023 Defense Authorization bill. The Committee added $45 billion to the Biden Administration’s original request. While the detailed report is not yet out, some of the highlights were included in a committee press release:
FY 2023 Defense funding levels (in billions of dollars)
$817.3 Department of Defense
$ 29.8 Department of Energy
$847.0 Total
$ 10.6 billion Defense–related Activities Outside NDAA Jurisdiction
$856.6 billion Total for National Defense
$ 45.0 billion Increase from President Biden’s request
Major elements include:
- $25 million for research and development for the sea-launched cruise missile (SLCM-N) and $20 million for the National Nuclear Security Administration to continue research on the W80-4 warhead to be used on the missile despite the Nuclear Posture Review’s recommendation to cancel the program.
- A 4.6% pay increase for military and civilians
- $800 million for the Ukraine Security Assistance Initiative
- Increases the F-35 buy by seven aircraft
- Requires the registration of women for the Selective Service
- Blocks the retirement of F-22 Raptor jets and 25 EA-18G Growler jets
- Permits the retirement 21 A-10 close-air support jets, to be replaced by F-16’s
- Adds $5.2 billion to the Administrations military construction request
Early in the morning of June 23, the House Armed Services Committee approved its version of the Fiscal Year 2023 National Defense Authorization bill by a vote of 57-1. Rep. Ro Khanna (D-CA) cast the one negative vote.
As part of the markup, the committee approved 42-17 an amendment offered by Reps. Jared Golden (D-ME) and Elaine Luria (D-VA) to add $37 billion to President Biden’s proposed national defense budget of $813 billion. All Republicans and 14 Democrats voted yes: Langevin (RI), Courtney (CT), Norcross (NJ), Gallego (AZ), Brown (MD), Slotkin (MI), Sherrill (NJ), Golden (ME), Luria (VA), Morelle (NY), Kahele (HI), Veasey (TX) , Murphy (FL) and Horsford (NV).
In another major decision, the House committee voted to continue the development of a nuclear sea-launched cruise missile, a project that the White House has tried to kill. Rep. Jim Cooper (D-TN), chairman of the Strategic Forces Subcommittee, successfully offered an amendment to authorize $45 million for the program, subject to first completing reports on the cost of the missile and its warhead as well as limitations of vessels carrying the weapon.
The House easily approved the $839.3 billion Fiscal Year 2023 National Defense Authorization bill, H.R. 7900, by a vote of 329-101, with majorities of both parties supporting the bill with significant defections in both parties. The bill increased the Biden administration request by $37 billion.
A total of 1,220 amendments were offered to the bill. In the end, the House Rules Committee permitted votes on 650 amendments, mostly of them in en bloc groups of amendments adopted by voice votes.
Those who hoped to reduce military spending or cut nuclear weapons were disappointed. Two amendments by Rep. Barbara Lee (D-CA) to cut the funding in the bill were easily defeated, 151-277 and 78-350. An amendment by Rep. John Garamendi (D-CA) to stop building a new ICBM (Intercontinental Ballistic Missile) was clobbered 118-309.
There were modest victories, including one by Rep. Bill Foster (D-IL) to repeal the restriction on funding for the Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization (CTBTO), a Rep. Jamaal Bowman (D-NY) amendment which required public disclosure about the cost of the United States overseas military forces and bases and another Lee amendment to repeal the 2002 Authorization for Use of Military Force (AUMF) against Iraq.
On July 18,the Senate Armed Services Committee released its completed version of the defense authorization bill (NDAA), S. 4543, dubbed the James M. Inhofe (R-OK) National Defense Authorization Act for Fiscal Year 2023, in honor of the ranking Republican, who is retiring at the end of this year. Chairman Jack Reed expressed hope that the full Senate will consider the bill in September after the summer recess, but in past years the bill has floundered over a dispute about which Senators’ amendments would be brought to the Senate floor for votes. In short, whether the bill come up in September is a definite maybe.
Aid to Ukraine
On May 19, after a delay of a week caused by Sen. Rand Paul (R-KY), the Senate approved a $39.8 billion Ukraine aid package, up from a Biden administration request of $33 billion. The vote was 86-11, and was backed by the Biden administration and Majority Leader Chuck Schumer and GOP Leader Mitch McConnell.
The 11 votes against additional aid to Ukraine were all cast by Republicans: Blackburn (R-TN), Boozman (R-AR), Braun (R-IN), Crapo (R-ID), Hagerty (R-TN), Hawley (R-MO), Lee (R-UT), Lummis (R-WY), Marshall (R-KS), Paul (R-KY) and Tuberville (R-AL). Afterwards, McConnell rushed to the cameras to argue that the 39-11 GOP vote for the measure proved that Senate Republicans are not isolationists.
On May 10, the House had easily passed the Ukraine legislation by a vote of 368-57, again with all 57 nay votes cast by Republicans.
In late April, the House approved the Ukraine Democracy Defense Lend-Lease Act by the overwhelming vote of 417-10. The Senate had previously passed this World War II-style Lend-Lease bill unanimously. The legislation was designed to fast-track the delivery of weapons and other critical supplies to Ukraine.
Iran
On May 4, a bipartisan majority of senators voted 62-33 for a measure introduced by Sen. James Lankford (R-OK) stating that any nuclear agreement with Tehran should also address Iran’s support for terrorism in the region, and that the U.S. should not lift sanctions on an elite branch of the Iranian military, the Islamic Revolutionary Guard Corps. The Lankford measure was a motion to instruct conferees on the United States Innovation and Competition Act of 2021. While the negotiations with Iran on a new nuclear deal are ongoing — former President Donald Trump withdrew from the agreement in 2018 — and the vote was non-binding, the vote was a symbolic rejection of the Biden administration’s efforts to reinstate the agreement. Sixteen Democrats voted for the Lankford amendment: Blumenthal (D-CT), Booker (D-NJ), Cardin (D-MD), Coons (D-DE), Cortez Masto (D-NV), Gillibrand (D-NY), Hassan (D-NH), Kelly (D-AZ), King (I-ME), Manchin (D-WV), Peters (D-MI), Rosen (D-NV), Schumer (D-NY), Sinema (D-AZ), Tester (D-MT) and Wyden (D-OR).
Radiation Exposure Compensation Act
On May 11, the House passed by voice vote a two-year extension of the Radiation Exposure Compensation Act, coverage for people exposed to harmful radiation from U.S. nuclear weapons testing and uranium mining. Since 1945, the United States conducted more than 200 above-ground nuclear tests, leading to lung cancer, pulmonary fibrosis, and other serious diseases caused by radiation exposure in states like Nevada, New Mexico, Utah and across the West. Proponents of the measure still hope to secure a long-term extension and expansion of benefits and eligibility.
Fiscal Year 2023 Defense Appropriations Bill
On June 22, the House Appropriations Committee approved the Fiscal Year 2023 Defense Appropriations Bill by a 32-26 vote. The bill provided total funding of $761.7 billion, an increase of $32.2 billion above Fiscal Year 2022, in line with President Biden’s budget request. This total is part of a $1.6 trillion total federal budget ceiling for Fiscal Year 2023 approved by the House on June 8.
The Committee provided a summary of the bill. Among other decisions, the Committee approved by voice vote two amendments offered by Rep. Barbara Lee (D-CA) to repeal the 2001 and 2002 Authorizations for Use of Military Force.
Fiscal Year 2023 Energy and Water Appropriations Bill
On June 28, the House Appropriations Committee approved the $56.3 billion Fiscal Year 2023 Energy and Water bill on a 32 to 24 vote, including $21.2 billion for the National Nuclear Security Administration programs. Of that, $16.3 billion is for nuclear weapons activities, an increase of $413 million above the Fiscal Year 2022 level. The bill eliminates funding for the Navy’s planned nuclear cruise missile warhead.
On July 20, the House approved a package of six appropriations bills, in what is called in House parlance a “minibus,” a bill that included, besides Energy and Water (including $16.3 billion for nuclear weapons activities), Transportation, Agriculture, Financial Services, Environment and Military Construction. The vote was a party line 220-207. There were no recorded votes on nuclear weapons issues; a series of non-controversial amendments were adopted in packages, called en bloc.
Fiscal Year 2023 State and Foreign Operations Appropriations Bill
On June 29, the House Appropriations Committee approved the Fiscal Year 2023 State, Foreign Operations, and Related Programs bill on a 32 to 24 vote. The bill provides $64.6 billion, which is $8.5 billion above 2022 — an increase of 15%. The bill contains a total of $17.9 billion for the operational costs of the State Department and related agencies.
Fiscal Year 2023 Military Construction-Veterans’ Administration (VA) Appropriations Bills
Fiscal Year 2023 Budget Resolution
The annual budget resolutions, which used to launch the budget process each year, may have gone the way of the dodo bird.
Partial Congressional Recess Schedule
