U.S. Senate Republican Policy Committee
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No. 22 September 20, 2001
S. 1438 -- The National Defense Authorization Act for FY 2002

Read the first time on September 19, 2001. No report filed.

NOTEWORTHY

BACKGROUND

The original FY 2002 Department of Defense Authorization bill, S. 1416, was reported out of Senate Armed Services Committee on September 12 by a vote of 13-12. This vote of a minority unanimous in its opposition to final passage of the annual defense authorization appears to be the first time this has occurred in the history of the Senate Armed Services Committee. The reason for this party-line division: the missile defense provisions included in the bill by the Democrat majority.

The most egregious provision included legislative language (Section 221) that would have required Congress to enact a joint resolution specifically authorizing the obligation or expenditure of funds authorized for ballistic missile defense for any activity that would be inconsistent with the ABM Treaty. This provision would have undermined the President's authority -- under Article XV of the ABM Treaty -- to exercise the right to withdraw from that Treaty. The bill also contained language that constrained the Ballistic Missile Defense programmatic flexibility and subverted that Organization's proposed approach to develop and deploy ballistic missile defense systems efficiently and effectively.

These provisions have been excluded from S. 1438, the bill to be considered on the Senate floor, which was read the first time on September 19, 2001. This bill, however, contains a $1.3 billion cut to ballistic missile programs that was also in S. 1416. Senator Warner will offer an amendment to restore that funding.

As for the objectionable missile defense legislative provisions, these are contained in S. 1439, a bill also introduced by Senator Levin on September 19, 2001.

BILL PROVISIONS

Title I -- Procurement

Title II -- Research, Development, Test, And Evaluation

  • -A reduction of $210 million to the Theater High-Altitude Area Defense (THAAD) program;

  • -Navy mid-course is cut by $347 million;

  • -The airborne laser (ABL) program is cut by $80 million;

  • -Program operations for terminal defense is cut $14 million.

Title III -- Operation and Maintenance (O&M)

Title IV -- Military Personnel Authorizations

Title V -- Military Personnel Policy

Title VI -- Compensation and Other Personnel Benefits

Title VII -- Health Care

Title X -- General Provisions

Title XII -- Matters Relating to Other Nations

Military Construction

Title XXIX -- Defense Base Closure and Realignment

Title XXXI -- Department of Energy National Security Programs

COST

Unavailable at press time.

OTHER VIEWS

Minority Views of Senators Warner, Thurmond, Smith, Inhofe, Santorum, Roberts, Allard, Hutchinson, Sessions, Collins, and Bunning

The Senators' minority views excerpted here were included as part of the report to the original bill (S. 1416) that was voted out of Committee on September 12, 2001 [S. Rept. 107-62, pp. 469-474]. Only those issues relevant to outstanding concerns are included here:

"We are [also] concerned about the extent of the reduction in funding of the ballistic missile defense programs included in this bill. This reduction targets testing, risk reduction and BMD system integration, and the most mature technologies available for defense of the United States against limited missile attack. In addition, a substantial reduction has been taken from theater missile defense programs -- programs to meet the most urgent threats facing our deployed troops today. . . .

"Inconsistencies between these reductions and the Majority's statement priorities abound. The Majority believes that theater missile defenses deserve high priority -- but they would reduce theater missile defense programs by $650 million.

". . . As this bill moves forward, we will work to . . . restore funding that enables the nation to have the ability to protect itself against weapons of mass destruction and the ballistic missile threat."

Minority Views of Senator Smith

The Senator states his disappointment with the outcome of the defense authorization mark-up due to the draconian cuts to the Administration's missile defense budget as well as the Committee's refusal to agree to include legislation, cosponsored by Senator Allard, which would implement the findings of the Space Commission. Finally, Senator Smith no longer supports the BRAC process which, he states, "unnecessarily puts every facility at risk, and which only rewards the legions of consultants and lobbyists paid to ward off becoming a target of a BRAC round." Rather, the Senator states his support for "a process in which the Secretary of Defense announces which facilities should be shut down, and presents such a list to the Senate and House."

Minority Views of Senator Allard

Regarding military voting rights, Senator Allard notes his surprise that the original Chairman's Mark contained no provisions to improve the overseas and absentee military voting. This prompted Senator Allard to offer an amendment, based on his bill (S. 381), which began the necessary discussion on these issues. However, while some improvements were made regarding the military voting situation, Senator Allard believes "stronger legislative measures are still needed." For instance, "solutions to critical problems related to recently separated uniformed voters, standards of absentee ballot invalidation (including postmark requirement clarification) and polling place location were rejected by the Majority but still need to be addressed."

While Senator Allard was pleased with the support for greater DoD involvement in the development of reusable launch vehicles, he notes with disappointment "that the committee has opted not to implement any of the reforms of the Space Commission."

Minority Views of Senator Bunning

Senator Bunning states his objection to the base closure provision included in the bill. His biggest concerns is that "we are proposing to conduct another expensive round of base closures without knowing if the first four rounds have saved us any money." The Senator lists additional reasons for opposing the base closure provision of the bill, and states that is why he "will support striking this provision when the full Senate considers this legislation."

ADMINISTRATION POSITION

The Statement of Administration Policy was unavailable at press time.

POSSIBLE AMENDMENTS

Allard. To strengthen military voting rights by improving military voter absentee ballot and poll access, solidifying ballot acceptance, and encouraging ongoing military voting reform.

Bunning. To strike the Base Closure and Realignment provisions in the bill.

Warner. To restore funding to the missile defense program.

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