National Defense Authorization Act for Fiscal Year 2024 explained

Shorttitle:	National Defense Authorization Act for Fiscal Year 2024
Longtitle:	An Act to authorize appropriations for fiscal year 2024 for military activities of the Department of Defense and 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.
Colloquialacronym:	NDAA
Enacted By:	118th
Leghisturl:	https://www.congress.gov/bill/118th-congress/house-bill/2670
Introducedin:	House
Committees:	House Armed Services
Introducedby:	Mike Rogers (R–AL)
Passedbody1:	House
Passedvote1:	219–210
Passedbody2:	Senate
Passedvote2:	with an amendment by unanimous consent
Passedbody3:	Senate
Passedvote3:	87-13
Passedbody4:	House
Passedvote4:	310-118
Signedpresident:	Joe Biden

The National Defense Authorization Act for Fiscal Year 2024 (NDAA 2024) is a United States federal law which specifies the budget, expenditures, and policies of the U.S. Department of Defense (DOD) for fiscal year 2024.^[1]

Background

The National Defense Authorization Act is an annual bill proposed in the United States Congress that redefines the United States military budget for the following fiscal year.^{[2] [3]} Each chamber of Congress introduced a version of the NDAA: in the House and in the Senate.

History

The House passed their version on July 14, 2023 by a vote of 219–210. Led by Chuck Schumer and Mike Rounds, the Senate passed theirs on July 27, 2023 by a vote of 86–11. The Senate then replaced H.R. 2670 with the text of S. 2226 and passed it by unanimous consent, and indefinitely postponed S. 2226. The House disagreed to the Senate amendment and asked to hold conference on September 19, with the Senate insisting on its amendment and agreeing to conference on November 15. The subsequent conference report was filed on December 6 (H. Rept. 118-301). The bill was approved by the Senate and House and sent to President Joe Biden on December 14.^[4] Biden signed it into law on December 22.^[5] In his signing statement, Biden expressed reservations about provisions that restrict the executive branch's discretion in Guantanamo detainee transfers and raised constitutional concerns regarding congressional oversight and foreign policy authority.^[6]

Provisions

Unidentified flying objects (UFOs)

Sections 1841 et seq. outline the creation and management of a comprehensive collection of government records on UFOs or unidentified anomalous phenomena (UAP) at the National Archives (NARA), detailing the processes for assembling, preserving, and providing public access to these records, along with specific protocols for their review, disclosure, and secure handling. NARA subsequently directed and provided guidance to federal agencies to identify, organize, and disclose UAP records for the new collection.^[7]

Sections 1687 and 7343 disallow use of funds or independent research and development (IRAD) indirect expenses for UFOs or UAP unless such material and information is made available the appropriate congressional committees and congressional leadership.

Foreign Extortion Prevention Act

See main article: articles and Foreign Extortion Prevention Act. The Foreign Extortion Prevention Act (FEPA) enables US authorities to prosecute foreign officials who demand or accept bribes from a US citizen, US company, or within a US jurisdiction. Analysts stated that FEPA addresses a longstanding gap in US anti-bribery legislation by tackling the "demand" side of bribery. At the same time, the Foreign Corrupt Practices Act (FCPA) focuses on the "supply" side of bribery.^{[8] [9]}

Original proposals

The original House bill contained provisions to:

• Space Force Personnel Management Act: Disestablish the regular Space Force in order to integrate both active duty and reserve personnel into one Space Force entity. This is to allow for better flexibility for the Space Force by replacing "active duty" with "sustained duty" or "full-time" status, and replacing "reserve" with "part-time" status.^[10] This change would only pertain to the Space Force and not to the other armed services.
• Elevate the position of vice chief of the National Guard Bureau to hold a statutory rank of general.^[11]
• Permanently establish the titles of commissioned officer ranks of the Space Force to be the same as the Army, Marine Corps, and Air Force.
• Authorize a $886 billion spending budget for national defense programs including:^{[12] [13]}
  • A 5.2% pay increase for service members of the armed forces.
  • Procurement of up to 13 Virginia-class submarines.^{[14] [15]}
• Authorize the sale and transfer of defense articles and services relating to the implementation of the AUKUS partnership, including:
  • Up to three Virginia-class submarines, one year after this act is passed, however the Navy doesn't intend implement this until 2032.^{[16] [17]}

The Senate amendment contained:

• UAP Disclosure Act:^[18] The Unidentified Anomalous Phenomena Disclosure Act of 2023 would direct the National Archives and Records Administration to collect and disclose records on unidentified flying objects (UFOs) or unidentified anomalous phenomena (UAP) no later than 25 years after enactment with a presumption of immediate disclosure. The U.S. president can certify that continued postponement can be made necessary by an identifiable harm to military defense, intelligence operations, law enforcement or conduct of foreign relations. The federal government would have eminent domain over recovered technologies of unknown origin (TUO) and biological evidence of non-human intelligence (NHI) that may be controlled by private persons or entities, such as aerospace companies. Legislation was necessary in part because UAP records had not been subject to mandatory declassification review due to exemptions under the Atomic Energy Act of 1954 as well as an over-broad interpretation of "transclassified foreign nuclear information".
• The Intelligence Authorization Act (IAA) requires people currently or formerly under contract with the federal government to make all UFO/UAP material and information and a comprehensive list of all extraterrestrial or exotic UAP material available to the All-domain Anomaly Resolution Office (AARO).^[19]
• A provision that prevents the President of the United States from withdrawing the U.S. from NATO without approval of a two-thirds Senate super-majority or an act of Congress.^[20]

External links

• National Defense Authorization Act for Fiscal Year 2024 as amended (PDF/details) in the GPO Statute Compilations collection
• National Defense Authorization Act for Fiscal Year 2024 as enacted (PDF/details) in the US Statutes at Large
• on Congress.gov
• on Congress.gov
• Records Related to Unidentified Anomalous Phenomena (UAPs) at the National Archives

Notes and References

1. Web site: Waldenberg . Samantha . 2023-12-22 . Biden signs $886.3 billion defense policy bill into law CNN Politics . 2023-12-23 . CNN . en.
2. Web site: House Narrowly Passes Defense Bill, Setting Up Showdown Over Social Issues . July 14, 2023 . Demirjian . Karoun . . July 14, 2023.
3. Web site: Hard Right Presses Culture War Fights on Defense Bill, Imperiling Passage . July 11, 2023 . Demirjian . Karoun . . July 15, 2023.
4. News: Politico. House sends defense bill to Biden, despite conservative anger over spy powers, culture wars. CONNOR O'BRIEN. December 14, 2023.
5. Web site: The White House . 2023-12-22 . Bill Signed: H.R. 2670 . 2023-12-23 . The White House . en-US.
6. Web site: Biden . Joseph R. . 26 December 2023 . Statement on Signing the National Defense Authorization Act for Fiscal Year 2024 . 2024-03-05 . . Office of the Federal Register.
7. Web site: AC 13.2024 . 7 February 2024 . Laurence . Brewer . National Archives and Records Administration.
8. News: Sun . Mengqi . 2024-01-02 . U.S. Prosecutors Can Charge Foreign Officials With Bribery Under New Provision . en-US . . subscription . 2024-01-04 . 0099-9660.
9. Web site: December 19, 2023 . Congress Passes the Foreign Extortion Prevention Act . 2024-01-04 . . en.
10. Web site: Lohr . Alexandra . 2023-06-19 . House Armed Services Committee endorses new management structure for Space Force . 2023-07-17 . Federal News Network . en-US.
11. Web site: Goheen . John . 2023-12-13 . Guard Gets Some Wins in Compromise Defense Bill National Guard Association of the United States . 2023-12-23 . www.ngaus.org . en.
12. Web site: Clare . Foran . Haley . Talbot . 2023-07-14 . House passes defense bill after adopting controversial amendments targeting abortion policy and other issues . 2023-08-01 . CNN Politics . en.
13. Web site: Clare . Foran . Morgan . Rimmer . Kristin . Wilson . 2023-07-28 . Senate passes defense policy bill, setting up showdown with the House . 2023-08-01 . CNN Politics. en.
14. Web site: Lopez . C. Todd . 2023-12-14 . Congress Passes Fiscal 2024 Defense Spending Bill, Pay Raise for Service Members . 2023-12-24 . U.S. Department of Defense . en-US.
15. Web site: Cataneo . Julia . 2023-12-19 . Five Notable Items for Asia Watchers in the 2024 National Defense Authorization Act . 2023-12-24 . American Enterprise Institute - AEI . en-US.
16. Web site: Katz . Justin . 2023-12-14 . House passes NDAA, ducking culture wars, sending bill to White House . 2023-12-14 . Breaking Defense . en-US.
17. Web site: Harris . Bryant . 2023-12-14 . Senate passes final defense policy bill . 2023-12-14 . Defense News . en.
18. . Schumer, Rounds Introduce New Legislation To Declassify Government Records Related To Unidentified Anomalous Phenomena & UFOs – Modeled After JFK Assassination Records Collection Act – As An Amendment To NDAA . Washington, D.C. . . 14 July 2023 . 2023-08-12 .
19. News: Brandi . Vincent . 27 June 2023 . Senate's intelligence authorization bill questions 'reverse engineering' of government-recovered UAP . . 2023-08-12.
20. Web site: Harris . Bryant . 2023-07-19 . With eyes on Trump, Senate votes to make NATO withdrawal harder . 2023-11-17 . Defense News . en.