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National Defense Authorization Act for Fiscal Year 2023

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James M. Inhofe National Defense Authorization Act for Fiscal Year 2023
Great Seal of the United States
Long titleAn Act to authorize appropriations for fiscal year 2023 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.
Acronyms (colloquial)NDAA
Enacted bythe 117th United States Congress
Citations
Public lawPub. L. 117–263 (text) (PDF)
Statutes at Large136 Stat. 2395
Legislative history

The James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (NDAA 2023) is a United States federal law which specifies the budget, expenditures and policies of the U.S. Department of Defense (DOD) for fiscal year 2023. Analogous NDAAs have been passed annually for over 60 years.

History

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The House bill H.R. 7900 was passed on July 14, 2022.[1] Hearings on the Senate amendment in the House Committee on Rules were scheduled for December 4. On December 6, a political agreement was reached between the leaders of the Senate Armed Services Committee and House Armed Services Committee.[1] President Biden signed and enacted H.R. 7776 on December 23, 2022.[2] In his signing statement, Biden expressed reservations about restrictions on the transfer of Guantánamo Bay detainees, the potential infringement on the President's constitutional authority regarding national security and sensitive intelligence information, and limitations on the President's discretion in foreign policy and international negotiations.[3]

Provisions

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Military funding authorized by the bill includes:[4]

Versions of the legislation expand the Selective Service System (military draft) to females,[5] but it was cut in the final bill.[6]

The NDAA requires the Secretary of Defense to rescind the directive, implemented in August 2022, that members of the U.S. armed forces be vaccinated against COVID-19. During the period the requirement was in effect, 98% of active duty service members and 96% of all service members had been vaccinated.[7] The bill does not require reinstatement for personnel previously ejected for non-compliance with the order.[8][9]

Section 583 of this NDAA authorizes the president to posthumous promote Ulysses S. Grant to the grade of General of the Armies of the United States, equal to the rank and precedence held by both George Washington on July 4, 1976[10] and General John J. Pershing in and after 1919 (41 Stat. 283, ch. 56).[11]

Unidentified flying objects (UFOs)

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The NDAA and its Intelligence Authorization Act (IAA) includes provisions for reporting of unidentified flying objects (UFOs), otherwise known as unidentified aerial phenomena or UAPs, including whistleblower protections and exemptions to nondisclosure orders and agreements (i.e. 50 U.S.C. § 3373b).[12][13] It also requires the military to review UFO sightings back to 1945.[14]

Language on the topic of UAP was also included in the previous 2022 NDAA (e.g. 50 U.S.C. § 3373), the Intelligence Authorization Act for Fiscal Year 2022 (e.g. 50 U.S.C. § 3373a), as well as an accompanying Senate Select Committee on Intelligence report for the Intelligence Authorization Act for Fiscal Year 2021 (i.e. S. Rept. 116-233).

BURMA Act of 2022

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See also: Myanmar civil war (2021–present)

This included the Burma Unified through Rigorous Military Accountability Act of 2022 (BURMA Act of 2022). The Act aims to restore Democracy and address human rights violations in the country through sanctions on leaders of the Myanmar Military (which is also called ‘Tatmadaw’), members of the State Administrative Council (SAC) which was chaired by the Commander in Chief of the military, military-affiliated business entities, conglomerates and state-owned enterprises such as the Myanma Oil Gas Enterprise (MOGE)- which are the revenue sources of the military and the operational sources to military materials. The sanctions additionally include freezing of assets held in the U.S.’s banks, foreign exchange transactions, and travel bans on individuals for their entry to the United States. It also includes supporting pro-democracy groups, such as the National Unity Government (NUG), and providing different types of assistance to strengthen federalism and non-lethal assistance for Ethnic Armed Organizations (EAOs). The provision of humanitarian assistance for refugees, internally displaced persons, and victims of violence is also mentioned to be continued. [15] The act provides the president with additional discretionary authority to make policy changes with respect to Myanmar and enables the secretary of state to assist civilian and international entities with identifying and documenting war crimes, crimes against humanity, and genocide in Myanmar.[16]

In response, the Burmese junta issued a statement dubbing the legislation an interference in Myanmar's internal affairs, and encroachment of the country's sovereignty.[17] The Government of the People's Republic of China also increased diplomatic efforts to engage ethnic armed organizations and the junta to protect their business and geopolitical interests. [18]

Taiwan Enhanced Resilience Act

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The included Taiwan Enhanced Resilience Act contains provisions for increased military aid and security cooperation.[19] The legislation and a recent visit by the Speaker of the US House of Representatives are said to have triggered large military exercises near Taiwan.[20]

Aqua Alert Act

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The Aqua Alert Act was attached as an amendment to the NDAA by Congressman Dean Phillips (MN) in July 2022.[21] Similar to an Amber Alert system, this amendment grants the Coast Guard the ability to create an electronic notification system with the purpose of notifying the public so that they can render aid in searches for distressed individuals on waterways.[22]

CCP leadership wealth report

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Inserted by Marco Rubio, section 6501 of the NDAA mandated the Director of National Intelligence produce a public "Report on wealth and corrupt activities of the leadership of the Chinese Communist Party" within one year.[23] The release of the report was subsequently postponed.[24]

See also

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References

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  1. ^ a b "SASC and HASC Release Text of FY23 NDAA Agreement" (Press release). United States Senate Committee on Armed Services. December 6, 2022. Archived from the original on September 23, 2023. Retrieved December 9, 2022.
  2. ^ Biden, Joe (December 23, 2022). "Statement by the President on H.R. 7776, the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023" (Press release). White House Office. Archived from the original on September 23, 2023. Retrieved December 23, 2022.
  3. ^ Biden Jr., Joseph R. (December 23, 2022). "Statement on Signing the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023". Daily Compilation of Presidential Documents. Office of the Federal Register. Retrieved September 1, 2024.
  4. ^ Mike Gooding (November 16, 2022). "Kaine hopeful Congress will pass new NDAA, omnibus spending package soon". Virginia Beach, Virginia: WVEC-TV. Archived from the original on September 23, 2023. Retrieved December 4, 2022.
  5. ^ Kelly LacoBy (November 29, 2022). "'Woke' military provisions are sticking points for GOP as vote on defense policy bill looms". Fox News. Archived from the original on September 23, 2023. Retrieved December 4, 2022. Republicans say they might prefer to delay NDAA until next year, when they will control House
  6. ^ Hasbrouck, Edward (December 8, 2022). "Congress Again Backs Away From Expansion of Draft Registration". Antiwar.com Blog. Archived from the original on September 23, 2023. Retrieved December 16, 2022.
  7. ^ Garamone, Jim (December 23, 2022). "Biden Signs National Defense Authorization Act Into Law". U.S. Department of Defense. Archived from the original on August 7, 2023. Retrieved September 12, 2023.
  8. ^ Ellen Mitchell (November 30, 2022). "Military vaccine mandate another potential NDAA wrench". The Hill.
  9. ^ Leo Shane III; Bryant Harris (December 6, 2022). "Military COVID-19 vaccine mandate repealed in defense bill compromise". Military Times. Archived from the original on September 23, 2023. Retrieved December 9, 2022.
  10. ^ "Veteran Tributes".
  11. ^ Kime, Patricia (December 8, 2022). "156 Years Later, Ulysses S. Grant Could Get One Last Promotion". Military.com. Archived from the original on September 23, 2023. Retrieved September 12, 2023.
  12. ^ Hanks, Micah (December 8, 2022). "Compromise 2023 NDAA Outlines Provisions for Military, Disruptive Tech, UAP, and More". The Debrief. Archived from the original on January 29, 2023. Retrieved December 12, 2022.
  13. ^ Munger, Sean; Labadie, Craig (July 7, 2022). "New Unidentified Aerial Phenomena Reporting Procedures Outlined in Amendment to FY 2023 NDAA". The Debrief. Archived from the original on March 26, 2023. Retrieved December 26, 2022.
  14. ^ Tumin, Remy (January 13, 2023). "Did Aliens Land on Earth in 1945? A Defense Bill Seeks Answers". The New York Times. Archived from the original on June 3, 2023. Retrieved January 14, 2023.
  15. ^ "With President Biden's Signature, 'Burma Act' Becomes Law With Aim of Holding Military Accountable and Supporting A Democratic Myanmar". PEN America. December 23, 2022. Archived from the original on September 23, 2023. Retrieved February 18, 2023.
  16. ^ Martin, Michael (February 6, 2023). "What the BURMA Act Does and Doesn't Mean for U.S. Policy in Myanmar". Archived from the original on March 19, 2023. Retrieved September 23, 2023.
  17. ^ "US Burma Act Uplifts the Resistance Movement in Myanmar". thediplomat.com. Archived from the original on March 27, 2023. Retrieved February 18, 2023.
  18. ^ Ye Myo Hein (February 1, 2023). "US Burma Act Uplifts the Resistance Movement in Myanmar". The Diplomat. Archived from the original on March 27, 2023. Retrieved March 26, 2023.
  19. ^ Zengerle, Patricia (December 7, 2022). "U.S. military bill features up to $10 billion to boost Taiwan". Reuters. Archived from the original on September 23, 2023. Retrieved December 27, 2022.
  20. ^ Chang Chien, Amy; Che, Chang (December 26, 2022). "With Record Military Incursions, China Warns Taiwan and the U.S." The New York Times. Archived from the original on December 27, 2022. Retrieved December 27, 2022.
  21. ^ Heidi Wigdahl (September 25, 2022). "After tragedy, Minnesota family launches 'Aqua Alert' to help search for missing boaters". KARE11. Archived from the original on September 23, 2023. Retrieved February 1, 2023. After tragedy, Minnesota family launches 'Aqua Alert' to help search for missing boaters A Minnesota family is turning a tragedy on the water into something that could help save other lives.
  22. ^ Act of December 23, 2022 James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (H. R. 7776 Archived 2022-12-19 at the Wayback Machine).
  23. ^ "Despite slight thaw with China, US amplifies intelligence publicising strategy with report on top Chinese leaders". Intelligence Online. December 19, 2023. Retrieved November 3, 2024.
  24. ^ "DNI postpones release of China corruption report, forestalling Beijing tensions". Intelligence Online. January 23, 2024. Retrieved November 3, 2024.
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