The Insider

The Obama administration late this afternoon threatened a presidential veto if the fiscal year 2013 defense authorization bill includes provisions proposed by House lawmakers on nuclear weapons policy and detainee matters.

According to today's statement of administration policy:

If the cumulative effects of the bill impede the ability of the Administration to execute the new defense strategy and to properly direct scarce resources, the President's senior advisors would recommend to the President that he veto the bill.

Specifically, two provisions would spark a veto:

Limitations on Nuclear Force Reductions and Nuclear Employment Strategy: The Administration strongly objects to sections 1053-1059, which would impinge on the President's ability to implement the New START Treaty and to set U.S. nuclear weapons policy. In particular, sections 1053 and 1055 would set onerous conditions on the Administration's ability to implement the Treaty, and section 1058 would set onerous conditions on the President's ability to retire, dismantle, or eliminate non-deployed nuclear weapons. Further, section 1054 raises constitutional concerns as it appears to encroach on the President's authority as Commander in Chief to set nuclear employment policy -- a right exercised by every president in the nuclear age from both parties. If the final bill presented to the President includes these provisions, the President's senior advisors would recommend that he veto the bill.

Detainee Matters: The Administration strongly objects to sections 1035-1043, which would continue and in some cases expand unwise restrictions that would constrain the flexibility that our Nation's armed forces and counterterrorism professionals need to deal with evolving threats. Section 1035, which would prohibit any detainee who has been repatriated to Micronesia, the Marshall Islands, or the Republic of Palau from traveling to the U.S., is unnecessary and could undermine our relations with a friendly government whose citizens may serve in the U.S. military. Sections 1036, 1037, 1038, and 1043 unnecessarily renew, supplement, or enhance the restrictions on the transfer of Guantanamo detainees into the United States or a foreign country. The Administration continues to strongly oppose these provisions, which intrude upon the Executive branch's ability to carry out its military, national security, and foreign relations activities and to determine when and where to prosecute Guantanamo detainees. Likewise, the Administration opposes the notice and reporting requirements in sections 1040, 1041, and 1042, which would unnecessarily complicate and potentially compromise military operations and detention practices -- including aboard naval vessels at sea. These sections, like section 1039, would also greatly add to the military's administrative burden. Section 1041 is an unprecedented, unwarranted, and misguided intrusion into the military’s detention operations in a foreign combat theater during an active armed conflict. The reporting requirements seek to micromanage the decisions of experienced military commanders and diplomats, threaten to compromise the Executive's ability to act swiftly and flexibly during a critical time for transition in Afghanistan, and could deter or jeopardize the success of effective foreign prosecutions. Sections 1036, 1037, and 1041, moreover, would, under certain circumstances, violate constitutional separation of powers principles. If the final bill presented to the President includes provisions that challenge critical executive branch authority, the President's senior advisors would recommend that he veto the bill.

To view the full statement of administration policy, click here.

In response to some very public comments made by two F-22 pilots on the safety of flying the fighter jet, the Office of the Secretary of Defense has directed the Air Force to take further precautions against the hypoxia-like incidents affecting the fleet.

In a Pentagon press conference today, Acting Assistant Secretary of Defense for Public Affairs George Little announced that OSD has instructed the Air Force expedite the installation of a backup, “auto” oxygen system on the entire F-22 fleet. The Raptor's existing on-board oxygen generation system requires a manual activation, and the backup system would presumably activate automatically, but Pentagon spokesman Capt. John Kirby deferred questions about the new backup system to the Air Force.

Little also announced that F-22 flights will temporarily fly only short-duration flights and should remain close to potential landing locations at all times in case pilots encounter any hypoxia symptoms. This restriction is particularly relevant near Joint Base Elmendorf-Richardson in Alaska, an F-22 home base and a location where Raptors often fly long-range missions. F-22 aircraft will not be limited to a specific distance or time in flight, Kirby said, and the decision on how far, how long or at what altitude to fly will be left to operators. However, long-duration flights will be performed by other aircraft for now, Little said.

In addition to those two precautions, OSD has instructed the Air Force to submit a monthly progress report on the service's quest to discover a root cause of the F-22 fleet's oxygen generation issues.

Some F-22s are deployed in the Middle East, and Little said those airplanes will stay there and continue executing their missions. “We believe we can safely continue that deployment given the geography of the region,” he said.

The Congressional Budget Office recently wrapped up a "preliminary estimate" of what it calls the "direct spending effects" of the House version of the fiscal year 2013 defense authorization bill, according to a May 11 letter to House Armed Services Committee Chairman Buck McKeon (R-CA). The letter further states:

Based on legislative language for H.R. 4310 that was provided to CBO from May 2 through May 10, CBO estimates that enacting this bill would decrease net direct spending by $33 million in 2013, $554 million over the 2013-2017 period, and $44 million over the 2013-2022 period. Because the bill would affect direct spending, pay-as-you-go procedures apply. Enacting the bill would not affect revenues.

Click here to view the bill language, and here to view the accompanying report.

The Pentagon this morning released the final interim rule for the DOD-DIB Voluntary Cyber Security and Information Assurance (CS/IA) Program. According to a Defense Department statement:

The Department of Defense in partnership with the Department of Homeland Security announced today important developments in defense industrial base cyber security activities.  After a year-long Defense Industrial Base (DIB) cyber security pilot, the DoD's Voluntary DIB Cyber Security/ Information Assurance (CS/IA) Program is now available to all eligible DIB companies. In addition, DIB Enhanced Cyber security Services (DECS) will become part of the expanded program.

These activities enhance and supplement existing cyber security capabilities to help safeguard sensitive DoD information that is maintained on DIB company unclassified information systems.

"The expansion of voluntary information sharing between the department and the defense industrial base represents an important step forward in our ability to catch up with widespread cyber threats," said Ashton Carter, deputy secretary of defense.  "Increased dependence on Internet solutions have exposed sensitive but unclassified information stored on corporate systems to malicious probes, theft, and attacks.  This expanded partnership between DoD and the defense industrial base will help reduce the risk of intrusions on our systems."

The United States continues to face a significant risk that critical defense information residing on DIB networks and systems can be compromised by malicious cyber actors resulting in potential economic losses or damage to United States national security.  The Department of Defense is actively engaged in multiple efforts to foster mutually beneficial partnerships with the DIB to protect Department of Defense information residing on or passing though DIB systems.

"I am pleased by the deep collaboration between DoD, DHS and DIB partners.  The success of this program encourages us to explore additional ways to enhance the protection of defense industry networks and DoD information," said Carter.  "Shared information between DoD, DHS and the defense industrial base can help us defend against the ever-growing threat of cyber attacks."

These expanded partnering opportunities will advance and support the administration's efforts to improve the cyber security posture of both public and private critical infrastructure.

Click here to view the final rule.

If at first you don't succeed, try and try again.

A Standard Missile-3 Block 1B interceptor successfully shot down a target missile early this morning over the Pacific Ocean, according to a Missile Defense Agency statement.

This was the second intercept test of the SM-3 Block 1B. In September, the system failed to intercept the target.

Here's the MDA statement:

At 8:18 p.m. Hawaiian Standard Time (2:18 a.m. EDT May 10) the target missile was launched from the Pacific Missile Range Facility, located on Kauai, Hawaii. The target flew on a northwesterly trajectory towards a broad ocean area of the Pacific Ocean. Following target launch, the USS LAKE ERIE detected and tracked the missile with its onboard AN/SPY-1 radar. The ship, equipped with the second-generation Aegis BMD 4.0.1 weapon system, developed a fire control solution and launched the Standard Missile-3 (SM-3) Block IB interceptor.

The USS LAKE ERIE continued to track the target and sent trajectory information to the SM-3 Block IB interceptor in-flight. The SM-3 maneuvered to a point in space, as designated by the fire control solution, and released its kinetic warhead. The kinetic warhead acquired the target, diverted into its path, and, using only the force of a direct impact, engaged and destroyed the threat in a hit-to-kill intercept.

Today's event, designated Flight Test Standard Missile-16 (FTM-16) Event 2a, was the first successful live fire intercept test of the SM-3 Block IB interceptor and the second-generation Aegis BMD 4.0.1 weapon system. Previous successful intercepts were conducted with the Aegis BMD 3.6.1 weapon system and the SM-3 Block IA interceptor, which are currently operational on U.S. Navy ships deployed across the globe.

Aegis BMD 4.0.1 and the SM-3 Block IB interceptor improve the system's ability to engage increasingly longer range and more sophisticated ballistic missiles that may be launched in larger raid sizes. The SM-3 Block IB interceptor features a two-color infrared seeker, which improves sensitivity for longer-range target acquisition and high-speed processing for target discrimination. The SM-3 Block IB interceptor also features an upgraded onboard signal processor and a more flexible throttleable divert and attitude control system to maneuver the IB interceptor to intercept.

Initial indications are that all components performed as designed. Program officials will conduct an extensive assessment and evaluation of system performance based upon telemetry and other data obtained during the test.

FTM-16 Event 2a is the 22nd successful intercept in 27 flight test attempts for the Aegis BMD program. Across all Ballistic Missile Defense System programs, this is the 53rd successful hit-to-kill intercept in 67 flight test attempts since 2001.

InsideDefense.com reported earlier this week that lawmakers had approved a Pentagon request to shift more than $300 million between missile-defense accounts to support immediate needs, including funding required to avoid a stop-work order on the Next Generation Aegis Missile -- a weapon that figures prominently in the Obama administration's plan to defend Europe from Iranian missiles. Further:

On April 6, Pentagon Comptroller Robert Hale sent lawmakers a $311.5 million reprogramming request to shift fiscal year 2012 missile defense funding "in support of higher-priority items based on unforeseen military requirements." Lawmakers trimmed the proposal by $5 million, allowing the Missile Defense Agency to proceed with $306.5 million of the requested account transfers.

The reprogramming will also forestall a stop-work order the Pentagon warned could come this month for the SM-3 Block 1B missile development program, which needed an additional $149 million.

Richard Lehner, a Missile Defense Agency spokesman, said the threatened stop-work orders have been avoided. "We received approval from the four committees to reprogram funds for the two programs," Lehner told InsideDefense.com in a statement today.

Three of the four defense committees that reviewed the reprogramming request denied $5 million of the Pentagon's proposal to shift $20 million to advanced technology development funding for the Next Generation Aegis Missile.

In April 2011, the Pentagon awarded Boeing, Lockheed Martin and Raytheon contracts worth roughly $42 million each to begin early work on developing draft missile configurations and conducting studies on a Standard Missile-3 Block IIB, dubbed the Next Generation Aegis Missile.

Last fall, Congress dramatically trimmed the Pentagon's $123.5 million FY-12 request for the program to just $13.4 million, transferring the balance to other missile projects. "The intent [of the transfer] was to leave enough funding in the Next Generation Aegis Missile program for three contractors to support" the ongoing concept definition and program planning effort, the reprogramming states.

"A recent assessment determined that the remaining funding is insufficient to sustain three contractor teams in accordance with the approved acquisition strategy," it continues. "Funds are required by May 1, 2012, to avoid a stop-work." Lawmakers approved the reprogramming of $15 million for this effort.

MDA requested $244 million for the SM-3 Block IIB program in FY-13, a down payment on planned investments of $1.9 billion for Next Generation Aegis Missile development through FY-17. The Obama administration wants the hit-to-kill missile -- designed to destroy "first-generation" intercontinental ballistic missiles early in flight -- fielded in the "2020 time frame." The missile is envisioned to be deployed as part of the final stage of the United States' European Phased Adaptive Approach to defending against Iranian missiles.

Lawmakers also approved a $149 million transfer to the Aegis Ballistic Missile Defense research and development account. According to the reprogramming, the funds "are required for the return-to-flight testing for the SM-3 Block IB missile." A flight-test failure of the SM-3 Block IB last September prompted Pentagon officials to suspend a planned production decision for the missile until it returns to flight.

"Funds are required on May 1, 2012, in order to avoid a stop-work situation and continue the re-work and testing of the SM-3 IB missile to support return-to-flight," the reprogramming states.

Two more intercept attempts are scheduled for this calendar year, according to John Rood, vice president of business development for Raytheon, the company that builds the SM-3 system. As Inside Missile Defense reported last month:

Rood said during a March 21 press briefing they were "pleased" at the way the throttling divert and attitude control system (TDACS) performed during the test. TDACS and a seeker are both new additions to the SM-3.

"We learned . . . a number of other things about the system," he said.

SM-3 Block IB is part of the second phase of the Obama administration's European Phased Adaptive Approach -- the plan for defending the continent from ballistic missiles. It is part of the Aegis Ashore program, which combines Aegis Ballistic Missile Defense System with a ground-launched SM-3.

There will be three FTMs this year: one in the second, third and fourth quarters.

As part of phase four of the PAA, SM-3 Block IIB will counter regional, intermediate-range ballistic missiles. It will be integrated in the Aegis Weapon System using Aegis BMD 5.1.

SM-3 Block IIB will be deployed from both land and at sea in the initial operating configuration, Rood said. Raytheon is one of three contractors competing in the SM-3 Block IIB competition. In a Jan. 30 Federal Business Opportunities notice, MDA stated it will issue a request for proposals for the missile product development phase.

Defense Secretary Leon Panetta yesterday stumped on behalf of ratifying the U.N. Convention on the Law of the Sea. Here's an excerpt from a speech he gave at a symposium in Washington:

The time has come for the United States to have a seat at the table, to fully assert its role as a global leader, and accede to this important treaty.  It is the bedrock legal instrument underpinning public order across the maritime domain.  We are the only permanent member of the U.N. Security Council that is not a party to it.  China, France, Russia, other countries, Germany, India, 161 countries have approved this treaty.  We are the only industrialized country in the world that has not approved it.

This puts us at a distinct disadvantage, particularly when it comes to disputes over maritime rights and responsibilities when we have to engage with the 161 countries, including several rising powers, which are party to that treaty.

In years past, several Senate committees have examined the Convention and its various elements in hearings, and earlier Committee votes were approved by large bipartisan majorities.

Accession also has broad support among major U.S. industries.  This is an important point.  This is something that is not just supported by the diplomatic community or the environmental community.  This is also supported by the business community.  Companies that are dealing with offshore energy, shipbuilding, commercial shipping, communications companies, on and on and on.  Industries that have to deal with our offshore resources.  They need this treaty in order to be able to do their business and to effectively accomplish their goals.  The same is true for national security.

You have already heard the importance that Chairman Marty Dempsey attaches to U.S. ratification of the treaty.  His views are echoed by the senior leadership through the department of Defense: the Chief of Naval Operations, the Commandant of the Marine Corps, and the Coast Guard Commandant.

. . . And here's an Inside the Navy story from last year on the Law of the Sea:

Obama Administration To Push Law Of The Sea Treaty In Senate This Year