WASHINGTON, D.C. – As Congressional leaders meet to negotiate a compromise between the House and Senate versions of the FY 2024 National Defense Authorization Act (NDAA), Demand Progress sent Chairmen Reed and Rogers and Ranking Members Wicker and Smith a list of provisions it wishes to see either retained or rejected in the bill’s final version.
Cavan Kharrazian, Foreign Policy Advisor at Demand Progress, offered the following remarks on the recommendations:
“We are pretty disappointed in the way this year’s NDAA process shook out, and the blocking of many important amendments from getting a floor vote. However, there are several provisions that we strongly recommend the conferees retain or reject in the bill’s final version in order to strengthen Congressional war powers, protect civil liberties, and increase transparency over the use of U.S. security assistance and armed forces.”
Demand Progress urges the rejection of the following provisions:
Sec. 1293 of S. 2226, which would codify Sec. 1202 authorities and dangerously expand them through redefining “irregular warfare” in a way that allows the Department of Defense to use surrogate forces in foreign conventional wars, including those for which Congress has not passed an AUMF
Section 1303 of S. 2226, which would significantly broaden 10 U.S.C. § 333 train-and-equip programs, give the Department of Defense the power to run train-and-equip programs for essentially any purpose, including purposes that may exceed what Congress has contemplated and would approve
Demand Progress urges the inclusion of the following provisions:
Section 1689 of H.R. 2670, which would prohibit the Department of Defense from purchasing data that is protected under the Fourth Amendment, including internet records and sensitive location information.
*NOTE* – This provision was passed by the House without opposition and with overwhelming bipartisan support.
Sec. 1074 of H.R. 2670, which requires a public disclosure about the cost of the U.S.’ overseas military footprint and gives the American people greater transparency on military spending.
Sec. 1241 of H.R. 2670, which strengthens Executive Branch reporting to Congress in the event of any incidents in which the United States Armed Forces are involved in an attack or hostilities, whether offensive or defensive. However, urging a modification to subsection (a)(2).
Sec. 320 of H.R. 2670, which requires a report to relevant committees containing the results of a study conducted by the Comptroller General on the status of the Federal cleanup and decontamination process in former military sites in Puerto Rico, including an impact assessment.
Section 1299A of S. 2226, would extend the prohibition on in-flight refueling to non-United States aircraft that engage in hostilities in the ongoing civil war in Yemen.
Section 1207 of H.R. 2670, would require a GAO report on current U.S. end-use monitoring programs and their ability to effectively track, report, and investigate end-use violations.
Section 1208 of H.R. 2670, would require a GAO report on enhanced end-use monitoring, required for specially controlled items.
Section 1209 of H.R. 2670, would require the Secretary of Defense to report on recipients of U.S. security assistance who engaged in a coup, insurrection, or action to overthrow a government.
Section 1862 of H.R. 2670, would require the Department of Defense to report on misuse of U.S. weapons in El Salvador, Guatemala and Honduras.
Section 1212 of H.R. 2670 and Section 1396 S. 2226, which would improve Department of Defense (DoD) quarterly reporting to Congress on ex gratia payments to civilian victims and survivors of U.S. operations.
Section 1080A of H.R. 2670, which would close a loophole in 10 U.S.C. 122a, a transparency provision that requires DoD to make certain unclassified reports publicly available.
Section 529 of H.R. 2670, which requires a report on military recruitment practices in public secondary schools.