House Authorizes $770 Billion in Pentagon Funding

The House has authorized a finalized National Defense Authorization Act (NDAA) for 2022, authorizing $768.1 billion in defense spending after a series of delays, amendment disputes, and political tension. The NDAA was signed minutes after the House passed a measure to avert a first-ever government default, clearing the way for Congressional Democrats to expedite their year-end legislative agenda and focus on President Biden's social and energy policies.

By exceeding President Joe Biden's request by $25 billion, the defense authorization bill caused a split among Democrats, with 51 voting against it, leading to a lopsided vote of 363 to 70.

New Pentagon hires will no longer be required to undergo a two-year probationary period, as in the 2016 NDAA, but will be subject to a one-year probationary period, similar to what other federal employees endure. The bill grants allowances and other benefits for civilians serving in combat zones, as well as extending waivers to premium pay caps for civilians working overseas. Moreover, it clarifies that federal employees who are also members of the DC National Guard are entitled to leave without loss of pay during guard mobilizations without losing their civilian jobs.

The NDAA mandates the Pentagon inform Congress of its plans to develop hypersonic weapons, especially those that could be used against future threats — an issue of particular concern since earlier this year, China tested a hypersonic missile that could carry a nuclear weapon.

“One of the major challenges our military faces right now is dealing with the rapid pace of technology, is getting the Pentagon to better and more quickly adopt the innovative technologies that we need to meet our national security threats,” stated Rep. Adam Smith (D-WA) and the chairman of the Armed Services Committee.

It further commissions a classified report that details a national strategy towards China, including avoiding a fait accompli that could threaten Taiwan's security. 

All service members are entitled to 12 weeks of parental leave. Additionally, all federal employees, including civilian employees and military personnel, are eligible for two weeks of paid bereavement leave in the event of their child's death.

To combat anomalous health incidents such as Havana syndrome, the bill directs Defense Secretary Lloyd Austin to develop a coordinated medical strategy. The Department of Defense (DOD) and intelligence community are also required to study and report to Congress on unidentified aerial phenomena, commonly known as UFOs, which are less-described threats. 

In the authorization act, the House included language aimed at prohibiting the use of arbitrary staffing caps in determining the number of civilian federal employees needed in DOD operations, but also incorporates Senate language aimed at minimizing the use of employee performance in determining when the DOD will engage in reductions in force. As with the rest of the federal government, the House version of the bill would have ranked performance fourth in priority, after tenure, veteran preference, and length of service.

As part of the package, $50 million will be directed toward military assistance for Ukraine, which is facing tensions at its eastern border. 

The final bill requires the Biden Administration to submit a more detailed report to Congress regarding Afghanistan, which includes an assessment of U.S. counterterrorism operations and reconnaissance capabilities. It also includes a proposal spearheaded by Senator Tammy Duckworth (D-IL) to establish an independent Afghanistan War Commission to investigate all government failures over the last two decades throughout the American War in Afghanistan; former cabinet secretaries and defense contractors are not permitted to serve on this commission.

Both chambers compromised on defense funding and other operations by removing key provisions that had been gaining overwhelming support in Congress to accelerate the process. Exclusions entailed of broadening the military justice system, requiring women to register with Selective Service, and repealing the Iraq War authorization. Additionally, the legislation does not impose new sanctions on Saudi Arabia over human rights abuses or expand restrictions on military cooperation.

Under the NDAA passed by the House in September, military special prosecutors would have had the authority to decide whether to prosecute sexual crimes and other related offenses rather than military commanders. The final measure includes the aforementioned plus the ability to prosecute additional offenses such as murder and kidnapping, and it would make military sexual harassment a crime.

The NDAA establishes a special prosecutor who will determine when criminal charges should be brought in cases such as sexual assault, murder, kidnapping, and child pornography. An unsuccessful proposal from Sen. Kirsten Gillibrand (D-NY) would have appointed an independent authority to convene courts-martial for all crimes punishable by a maximum jail term of one year or more, along with appointing a special prosecutor. The plan's advocates are concerned that commanders — even if they are bound by a special prosecutor's recommendation to hold a trial — could impede justice by maintaining the right to pick a jury or by prematurely dismissing charges.

This measure will now go to the Senate for a vote, which is expected to pass next week.