Sen. Kaine unpacks less-than-ideal NDAA process

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Dec 22, 2022 View in browser   By Connor O'Brien, Lawrence Ukenye and Matt Berg Sen. Tim Kaine said the Senate is whiffing on its responsibilities by not taking time to debate one of the few major bills that becomes law each year. | J. Scott Applewhite/AP Photo Subscribe here | Email Alex | Email Matt PROGRAMMING NOTE: We'll be off next week for the holidays but back to our normal schedule on Tuesday, Jan. 3. Must-pass defense policy legislation is on the verge of becoming law for the 62nd straight year. And while the whopping $847 billion National Defense Authorization Act passed with overwhelming bipartisan support, Sen. TIM KAINE (D-Va.) says the Senate shouldn't be proud of the short-circuited process that produced the final bill. It's the second year in a row that the upper chamber hasn't passed its own version of the bill, which outlines military policy and spending priorities. NatSec Daily caught up with Kaine, a member of the Senate Armed Services Committee from a military-heavy state, about his concerns about the way the NDAA went down. He said the Senate is whiffing on its responsibilities by not taking time to debate one of the few major bills that becomes law each year. "We're in the middle of a really kind of historic land war in Europe right now between Russia and Ukraine where the U.S. is playing a very critical role in providing support to Ukrainian defense, and we can't afford a week on the floor to do a defense bill? Why not?" Kaine told NatSec Daily. "It's a sign of an institution that has its priorities wrong when we can't find a week to deal with the defense of the country," he added. Kaine joined Armed Services Chair JACK REED (D-R.I.) and others in urging Majority Leader CHUCK SCHUMER to bring the bill to the floor in the fall, but the Senate pivoted to other priorities in the weeks after the midterms. A defense bill came to the Senate floor late last year, but partisan disagreements over amendments stalled the legislation. The task of hammering out a compromise fell to the four chairs and ranking members of the House and Senate Armed Services Committees. And while the final product cleared last week in an 83-11 blowout, Kaine argued the abridged process means much of the Senate hasn't gotten a say. "If I'm frustrated, being on the committee, with the ability to really shape the bill, imagine the 70 senators who are not on the Armed Services Committee," he said. "I've talked to them about it, and they feel really shut out." One of the casualties of the truncated process is Kaine's proposal with Sen. TODD YOUNG (R-Ind.) to repeal the 2002 Iraq War authorization, which Schumer had committed to holding a vote on. Advocates of reining in expansive presidential war powers argue getting outdated laws off the books is a key first step in reclaiming Congress' prerogatives on when and how the U.S. uses military force. The proposal was approved in the House NDAA (as well as in a standalone House vote last year) but stripped from the final deal amid resistance from top GOP leaders, who have previously argued that new authorities should replace it. President Joe Biden, meanwhile, backs the scrubbing of old war powers. Kaine is holding out hope for next year, arguing there's enough bipartisan support in both chambers to repeal the Iraq War authorization. But whether that legislation hits the House floor will be up to GOP leadership next year, and the Virginia senator sees a wasted opportunity in Democrats ending their run in control of both chambers of Congress and not getting it done. "You don't have a president that supports this stuff that often," Kaine said. "We're not giving up, and there's still a scenario for next year, but it's just to have been promised this and be at the end of the two Democratic houses, Democratic president. I've got the votes, but I've never been able to get a vote on it. It's just enormously frustrating."   POLITICO AT CES 2023 : We are bringing a special edition of our Digital Future Daily newsletter to Las Vegas to cover CES 2023. The newsletter will take you inside the largest and most influential technology event on the planet, featuring every major and emerging industry in the technology ecosystem gathered in one place. The newsletter runs from Jan. 5-7 and will focus on the public policy related aspects of the event. Sign up today to receive exclusive coverage of CES 2023.     The Inbox ZELENSKYY TAKEAWAYS: On his surprise visit to the U.S. Wednesday, Ukrainian President VOLODYMYR ZELENSKYY made sure lawmakers knew how grateful he was for the ongoing aid to his country — while saying it's just not enough, as Matt and LARA SELIGMAN report. "Your support is crucial, not just to stand in such a fight, but to get to the turning point to win on the battlefield," Zelenskyy told assembled lawmakers in an impassioned speech. "We have artillery, yes. We have it. Is it enough? Quite honestly, not really." At a news conference with President JOE BIDEN , the Ukrainian leader said he plans on asking for more Patriot missile defense systems, hours after the U.S. announced it would complete its first-ever transfer of the advanced system to Ukraine. Biden's response? "We're working on it." Their meeting comes amid rising anxiety in Europe about the length of a war on a continent teetering on the edge of the recession and facing a growing energy crisis. As our own JONATHAN LEMIRE reported, the U.S. aimed to use the meeting to showcase solidarity to a wary Europe and keep pushing the continent to support Ukraine. RUSSIA RELYING ON WAGNER: U.S. officials are worried that the Wagner Group, a private paramilitary group with ties to the Kremlin, is becoming the predominant Russian military force in eastern Ukraine, our own ERIN BANCO reports. For weeks, U.S. officials have been monitoring movements of people and weapons associated with Wagner within the city of Bakhmut. The group now has Russian operations in parts of the Donbas region, according to a senior U.S. official and a diplomatic cable obtained by POLITICO. The group is owned by YEVGENY PRIGOZHIN, an oligarch who was increasingly critical of Putin when Russian forces suffered losses at the hands of Ukraine's counteroffensive. The Biden administration plans to designate Wagner as a military end user to ensure the group cannot gain access to any equipment based on U.S. technology. JAPAN'S NUCLEAR REACTOR PLAN: Japan adopted a plan today to replace old nuclear reactors and build new ones, marking a major policy shift for the nuclear-scarred country that originally planned to phase out atomic power entirely, the Associated Press' MARI YAMAGUCHI reports. Japanese leaders decided to return to nuclear power due to global fuel shortages, rising prices and pressure to reduce carbon emissions. Talks about building new reactors had circulated, but today's announcement was the clearest indication yet of a committed plan to do so. With the new plan, the country will restart as many existing reactors as possible, prolong the life of aging ones and build next-generation reactors. IT'S THURSDAY: Thanks for tuning in to NatSec Daily. This space is reserved for the top U.S. and foreign officials, the lawmakers, the lobbyists, the experts and the people like you who care about how the natsec sausage gets made. Aim your tips and comments at award@politico.com and mberg@politico.com, and follow us on Twitter at @alexbward and @mattberg33. While you're at it, follow the rest of POLITICO's national security team: @nahaltoosi, @woodruffbets, @politicoryan, @PhelimKine, @BryanDBender, @laraseligman, @connorobrienNH, @paulmcleary, @leehudson, @magmill95, @ericgeller, @johnnysaks130, @ErinBanco and @Lawrence_Ukenye. A message from Lockheed Martin: Unrivaled. The F-35 delivers the unrivaled advantage for our pilots, nation, and partners. A decisive differentiator in near-peer warfare, the F-35 is the most advanced node in 21st century warfare network-centric architecture. Learn more.   Flashpoints CHINESE FIGHTERS NEAR TAIWAN: Dozens of Chinese aircraft entered Taiwan's air defense zone, causing the island nation to scramble its combat jets today in response, Reuters' YIMOU LEE reports. Twenty-one fighters and four H-6 bombers were among the 39 Chinese aircraft that entered the southeastern zone, Taiwan military officials said. Taiwan sent its own pilots to warn away the planes. For years, Taiwan has complained about repeated missions conducted by Chinese aircraft, often in the southern areas of its air defense zone. The decisive response from Taiwan underscores the increased tension between the rival nations, as Beijing has ramped up its pressure on the self-governed island to come under Chinese rule. RUSSIA'S DOING JUST FINE…: Russian President VLADIMIR PUTIN acknowledged shortcomings with his military efforts on Wednesday while clarifying that Moscow is providing "everything that the army asks for," The New York Times' ANTON TROIANOVSKI reported. In recent weeks, Putin has been more open about "extremely difficult" situations and struggles his military has faced in Ukraine. But his latest comments are unusually specific, saying drones need to be able to communicate targeting information through encrypted channels "in real time," and his troops need to "improve the command and control system" and its ability to retaliate against enemy artillery. He mentioned reports of soldiers lacking basic equipment on the frontlines, urging officers to pay attention to "medical kits, food, dry rations, uniforms, footwear, protective helmets and bulletproof vests." Despite the bumps in the road, Russia will not stop fighting, he said. "We have no limits in terms of financing," Putin said. "The country and the government are providing everything that the army asks for — everything." Keystrokes TIKTOK SECURITY EFFORTS: TikTok is working to appease U.S. government concerns that the Chinese Communist Party has access to Americans' data through Bytedance, the Chinese firm that owns the app, Reuters' ECHO WANG and DAVID SHEPARDSON report. The social media company is working with Oracle to ensure that the app's technology infrastructure is separate from Bytedance after previously partnering with Oracle to store user data in the U.S. The effort comes as state and federal lawmakers have increasingly sounded the alarm about the app's risks to national security, including some proposals approved in states like Virginia to ban TikTok from government devices. The roughly $1.7 trillion omnibus spending package includes requirements for the Biden administration to prohibit the app from being installed on federal government devices. The Complex INDUSTRY SHAKEUP: Market volatility may force more space industry consolidation, according to ANDREW CHANIN, the CEO of ProcureAM, an investment firm that manages a fund focused on the space market, our friends in Morning Defense (for Pros!) report. Companies or private equity firms that have a strong cash position and long-term flexibility may see this as a buying opportunity, Chanin added. He cited Virgin Orbit, which could not raise enough funding when needed, which makes the company a potential target for outside investment. And many of the firms — often structured as Special Purpose Acquisition Companies — are trading significantly lower than their initial valuations.   A NEW POLITICO PODCAST: POLITICO Tech is an authoritative insider briefing on the politics and policy of technology. From crypto and the metaverse to cybersecurity and AI, we explore the who, what and how of policy shaping future industries. We're kicking off with a series exploring darknet market places, the virtual platforms that enable actors from all corners of the online world to traffic illicit goods. As malware and cybercrime attacks become increasingly frequent, regulators and law enforcement agencies work different angles to shut these platforms down, but new, often more unassailable marketplaces pop up. SUBSCRIBE AND START LISTENING TODAY.     On the Hill STILL SKEPTICAL: Despite delivering multiple standing ovations at Zelenskyy's address, Republicans are still uncertain about the future of U.S. aid to Ukraine following the Ukrainian president's address to Congress Wednesday night, SHAYNA GREEN and SARAH FERRIS report. Although support for Ukraine is largely bipartisan, GOP lawmakers want additional oversight about how American taxpayer dollars are being used in the conflict. "We expressed an interest in making sure the money is going to be scrutinized," Minority Whip STEVE SCALISE (R-La.) said. "That's something that we still will keep pushing for." More conservative Republicans maintained their skepticism about additional U.S. support, including Rep. MATT GAETZ (R-Fla.), who tweeted a statement that said supporting Kyiv is "the definition of America last". Republicans' unwillingness to promise future support comes as the State Department is becoming increasingly aware of challenges in tracking military aid due to the limited number of American officials on the ground and security constraints posed by the war. Broadsides Turkey is growing frustrated with Sweden's unwillingness to extradite or freeze the assets of individuals Ankara suspects of terrorism, Reuters reports. Although Turkish minister MEVLUT CAVUSOGLU spoke alongside Swedish foreign affairs minister TOBIAS BILLSTROM in a Thursday joint press conference, both sides still disagree about what steps are enough to assuage Turkey's concerns about Sweden harboring individuals Ankara views as terrorists. Sweden's recent decision not to extradite BULENT KENES , a newspaper editor accused of being involved in a 2016 coup. "If Sweden wants to be a NATO ally, we have to see concrete cooperation," Cavusoglu said at the press conference. "The negotiations are carried out in a positive atmosphere, but the denial of extradition of Kenes has intoxicated this atmosphere."     Transitions — National Cyber Director CHRIS INGLIS will leave the government in the next few months, a former U.S. official and a second person familiar with the matter told our own ERIC GELLER. He's the first person to hold the post, and has served for 17 months. — The Senate approved AGNES SCHAEFER to be assistant secretary of the Army for manpower and reserve affairs in a 68-26 vote. Schaefer served as a senior political scientist at global policy think tank RAND. What to Read — ILAN BERMAN, POLITICO: It's Time for the West to Cultivate an Alternative Information Ecosystem in Russia — FRANK AUM, Foreign Affairs: Don't Isolate North Korea — YOUSUR AL-HLOU, MASHA FROLIAK, DMITRIY KHAVIN, CHRISTOPH KOETTL, HALEY WILLIS, ALEXANDER CARDIA, NATALIE RENEAU and MALACHY BROWNE, The New York Times: Caught on Camera, Traced by Phone: The Russian Military Unit That Killed Dozens in Bucha Tomorrow Today — After a tense day of negotiations, the Senate passed the $1.7 billion omnibus spending bill Thursday afternoon. Now, it's up to the House to pass it before the government funding deadline on Friday. Have a natsec-centric event coming up? Transitioning to a new defense-adjacent or foreign policy-focused gig? Shoot me an email at award@politico.com to be featured in the next edition of the newsletter. Thanks to our editor, Heidi Vogt, who joins us in anxiously awaiting Alex's return. And we thank our producer, Kierra Frazier, who NSD couldn't function without. A message from Lockheed Martin: Unrivaled. Information is the battlespace advantage. F-35 sensor fusion provides vast amounts of information to accelerate critical decisions and win the fight. Learn more.     Follow us on Twitter Alex Ward @alexbward   Follow us

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