The House Rules Committee is aiming to meet again on Thursday to continue discussions on which national defense authorization amendments should be advanced to the floor, setting the stage for what could be a dayslong fight to vote on the must-pass legislation.
Committee members first met on Tuesday afternoon to begin their markup of the National Defense Authorization Act, approving only 300 of the more than 1,500 proposed amendments to advance to the floor for votes. That leaves hundreds of other possibly controversial measures that seek to target Department of Defense policies on abortion, climate change, and transgender issues — measures that could derail Democratic support for the NDAA as a whole.
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GOP leaders are seeking to pass the bill as early as Friday, hoping to get the defense measure through to the Senate for consideration before Congress adjourns for its August recess. However, several hard-line conservatives are threatening to withhold their support from the bill until their demands are met, throwing a wrench in the party leadership’s timeline.
One disagreement that could derail talks over the NDAA is the recently implemented Pentagon policy that allows service members to take up to three weeks of leave to travel out of state to receive an abortion and other “non-covered reproductive health care services.” The policy also states the DOD will reimburse members for any expenses related to that travel.
Rep. Ronny Jackson (R-TX) introduced an amendment to overturn that policy, garnering the support of nearly 50 Republican co-sponsors. GOP leaders have indicated it’s likely the amendment will make it to the floor for a vote as several rank-and-file Republicans have accused the Biden administration of using the Defense Department to advance its own agenda.
“President Biden and Secretary Austin are knowingly breaking the law with their illegal policy of using taxpayer dollars to fund and provide access to abortions in the military,” Jackson told the Washington Examiner. “The Biden administration is jeopardizing our military’s readiness by forcing this illegal abortion policy down the throats of the American people. Congressman Chip Roy and I are proud to work alongside Senator Tuberville in our efforts to hold the Department of Defense accountable and end this illegal policy. The Jackson-Roy amendment is about enforcing the laws that are on the books, so it would be disappointing to see Democrats choose their radical left agenda over the readiness and modernization of our military.”
However, Democrats have indicated the inclusion of such an amendment could erode crucial support from across the party.
“There’s a number of poison pill policy riders that would be deeply troubling to the House Democratic Caucus,” Democratic Caucus Chairman Pete Aguilar (D-CA) said on Wednesday. “I think one deeply problematic [rider] for the House Democratic Caucus would be the Tommy Tuberville-type of language restricting women from receiving leave in order to receive healthcare. That one is deeply problematic, and if it was included, I think it would be as close to a red line as I think we’re willing to discuss.”
Losing Democratic support could prove to be disastrous for GOP leadership as some rank-and-file Republicans have already suggested they wouldn’t support the defense measure as-is
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“NDAA isn’t ready for prime time,” Rep. Tony Gonzales (R-TX) tweeted. “Count me as a NO on any rule vote to bring it to the floor as is.”
Gonzales did not specify what provisions in the NDAA prompted his opposition, although the Texas Republican only threatened to vote against the rule vote rather than its final passage.
If others follow suit, that could pose a math problem to House Speaker Kevin McCarthy (R-CA) as he seeks to advance the must-pass legislation — particularly if Republicans attach an amendment reversing abortion access for service members. Doing so would likely prompt several Democrats to vote against the NDAA, making every GOP member count regarding the final vote.
As a result, some Republicans are urging their colleagues to withdraw any controversial amendments that could tank the must-pass legislation ahead of its looming expiration deadline.
“We’ve made a lot of progress in the underlying bill that favors the conservative perspective,” said Rep. Mike Gallagher (R-WI), who sits on the Armed Services Committee. “There’s always the risk that [if] you push it further, you lose Democrats and that some of the people pushing certain amendments aren’t going to vote for the bill anyway.”
Members of the Armed Services Committee voted 24-1 to advance the NDAA last month, approving the framework for the annual bill that outlines the policy agenda and budget for the Department of Defense. Many committee members, including Gallagher, said they hope to see the bill pass by the end of the week “because there’s also a ton of critical initiatives with respect to our military competition with China.”
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It’s unclear how long it will take for the Rules Committee to advance the must-pass legislation, but members have been working over the last few days to downsize the number of amendments before sending it to the full House. Still, it’s likely lawmakers will have to sit through dozens of amendment votes on the floor later this week, potentially leading to standoffs that could further delay its progress.
The Senate will then take up its own version later this month, although it remains unclear when a vote may be held in the upper chamber. Senate Minority Leader Mitch McConnell (R-KY) said the chamber plans to take up the NDAA next week, hoping to pass the legislation before Congress breaks for its August recess.
