Senate approves sweeping defense bill

The Senate on Wednesday passed a sweeping defense policy bill on an 88-11 vote, ending a weeks-long standoff that had stalled work on the legislation. 

The National Defense Authorization Act (NDAA), which sets spending top lines and policy for the Pentagon, passed the House last week and now goes to President BidenJoe BidenHouse clears bill to raise debt limit House votes to hold defiant Meadows in criminal contempt Trump lawyer Eastman sues Jan. 6 panel, Verizon to block release of phone records MORE’s desk, where he’s expected to sign it. 

“For the past six years, Congress worked on a bipartisan basis to pass an annual defense authorization act without fail. … With so many priorities to balance, I thank my colleagues for working hard over these last few months, both in committee and off the floor, to get NDAA done,” Senate Majority Leader Charles SchumerChuck SchumerMeet Washington’s most ineffective senator: Joe Manchin Bottom line Trump struggles to clear GOP field in North Carolina Senate race MORE (D-N.Y.) said.

The initial vote on the measure was 89-10, but in an unusual move Sen. Cory BookerCory BookerMaternal and child health legislation must be prioritized now Poll: Harris, Michelle Obama lead for 2024 if Biden doesn’t run Five reasons for Biden, GOP to be thankful this season MORE (D-N.J.) came back to the Senate floor to ask to switch his vote from “yes” to “no.” 

The $768.2 billion bill provides $740 billion for the Department of Defense. Both chambers agreed to add $25 billion more than what President Biden requested for fiscal 2022 for the defense budget.

It also includes $27.8 billion for defense-related activities in the Department of Energy and another $378 million for other defense-related activities.

The defense bill also includes a major overhaul of how the military prosecutes certain crimes, including military sexual assault. The bill strips commanders of most of their authority, but they would still be allowed to conduct trials, pick jury members, approve witnesses and grant immunity.

The changes were not enough for Sen. Kirsten GillibrandKirsten GillibrandNo, Senator Manchin — Americans cannot wait for paid leave On The Money — Presented by Citi — Biden pitches Manchin with agenda in balance The Hill’s Morning Report – Presented by Charter Communications – Tornado deaths high; Chris Wallace shocker MORE (D-N.Y.), who had been pressing to completely remove commanders from the chain of command in these instances and let independent military prosecutors handle them.

Gillibrand has called for a vote on her original proposal, arguing that the authority the commander still has under the NDAA does not bring about true independence.

As part of the final agreement, lawmakers dropped a provision from the bill that would have required women to register for the selective service. The provision had garnered pushback from some Republicans, who didn’t want to require women to register, while some progressives pushed for ending the draft altogether. 

The bill also does not include a deal to repeal the 1991 and 2002 Iraq War authorizations worked out by Sens. Tim KaineTimothy (Tim) Michael KaineManchin convenes bipartisan group to talk Senate rules reform The Hill’s Morning Report – Presented by Charter Communications – Tornado deaths high; Chris Wallace shocker Democrats face time crunch as they race to finalize Biden plan MORE (D-Va.) and Todd YoungTodd Christopher YoungOvernight Defense & National Security — Presented by Boeing — Senators to take up defense bill Wednesday Schumer: Time is ‘now’ to repeal Iraq War resolution It’s time to give Medicare beneficiaries the opportunity and choice of recovery in the home MORE (R-Ind.). A failure to reach a larger agreement on the amendments that would be considered to the legislation torpedoed the Iraq War provisions. The setback effectively punts the issue to 2022, even though the Kaine-Young deal had enough support to get past a filibuster. 

An effort to impose sanctions related to the Nord Stream 2 pipeline also didn’t get into the bill. Sens. Ted CruzRafael (Ted) Edward CruzOvernight Energy & Environment — Top land management staffers returning to DC Schumer threatens weekend votes to break GOP blockade of Biden nominees Cruz offers to swap Nord Stream 2 sanctions vote for ambassador nominees MORE (R-Texas) and Jim RischJim Elroy RischCruz offers to swap Nord Stream 2 sanctions vote for ambassador nominees Senate Republicans call on Biden to lift vaccine mandate for truckers crossing Canadian border Proposal to move defense bill running into new GOP objections MORE (R-Idaho) had been expected to get an amendment vote, despite opposition from the administration, but the amendment deal was blocked by Sen. Marco RubioMarco Antonio RubioDemocrats, Republicans call for Biden to support Tibet autonomy Cruz offers to swap Nord Stream 2 sanctions vote for ambassador nominees Failed watchdog nomination angers progressives MORE (R-Fla.), who wanted his own proposal in the legislation. 

The Senate previously passed bipartisan legislation from Rubio on banning imports from China’s Xinjiang region, where administration officials have accused the government of carrying out genocide against the predominately Muslim Uyghur ethnic minority. But Rubio wanted to get his bill into the defense legislation as an amendment or to force action in the House where it had languished for months. 

Though Rubio didn’t work out a deal on his legislation in time for breaking the stalemate on the defense bill, he and Rep. Jim McGovern (D-Mass.) announced this week that they had cut an agreement. 

The NDAA also includes a provision that would prohibit the Pentagon from using funds for certain procurements from China’s Xinjiang region, where Beijing has come under fire for human rights abuses against the Uyghur population.

“The United States is so reliant on China that we have turned a blind eye to the slave labor that makes our clothes, our solar panels, and much more,” Rubio said. “It is time to end our economic addiction to China.”

Updated at 1:55 p.m.