National Defense Authorization Act for Fiscal Year 2023
United States federal law
James M. Inhofe National Defense Authorization Act for Fiscal Year 2023
Long title
An 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.
Passed the Senate on July 28, 2022 (93–1) with amendment
House agreed to Senate amendment on December 8, 2022 (350–80) with further amendment
Senate agreed to House amendment on December 15, 2022 (83–11)
Signed into law by President Joe Biden on December 23, 2022
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.
Versions of the legislation expand the Selective Service System (military draft) to females,[4] but it was cut in the final bill.[5]
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.[6] The bill does not require reinstatement for personnel previously ejected for non-compliance with the order.[7][8]
The included the Burma Unified through Rigorous Military Accountability Act of 2022 (BURMA Act of 2022) contains provisions to sanction the Burmese military junta, the State Administration Council (SAC), including cabinet members and state-owned commercial responses, in response to the 2021 Myanmar coup d'etat, and "non-lethal assistance" to pro-democracy advocates seeking to restore civilian rule, including the parallel National Unity Government, the National Unity Consultative Council, the Committee Representing Pyidaungsu Hluttaw, the Burmese Civil Disobedience Movement.[13] 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.[14]
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.[15]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. [16]
Taiwan Enhanced Resilience Act
The included Taiwan Enhanced Resilience Act contains provisions for increased military aid and security cooperation.[17] 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.[18]
Aqua Alert Act
The Aqua Alert Act was attached as an amendment to the NDAA by Congressman Dean Phillips (MN) in July 2022.[19] 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.[20]
^Act of December 23, 2022 James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (H. R. 7776Archived 2022-12-19 at the Wayback Machine).