"MUST PASS" DEFENSE BILL PASSES THROUGH THE HOUSE FOLLOWING THE SENATE'S VOTE EARLIER THIS WEEK

ECA Staff | 12/15/2023

The House voted Thursday, December 14th to pass the National Defense Authorization Act (NDAA) following the release of the conference report on H.R. 2670 this week. The Senate passed the bill on Wednesday, December 13th. The bill will now be sent to President Joe Biden who is expected to sign the law. 

The FY 2024 NDAA authorizes $886.3 billion towards defense programs. The NDAA is considered a must-pass bill, as it authorizes all defense activities from pay raises to troops to weapons system procurement. 

This discretionary total would include about $842.2 billion for the U.S. Department of Defense and $32.3 billion for the Department of Energy (DOE). The NDAA is crucial for defense as it controls everything, but it also is crucial to the authorization of energy-related national security programs. The NSAA includes authorizations for NNSA, EM defense cleanup up, and Office of Legacy Management, among others. 

The FY24 NDAA authorizes the following amounts for various energy-related national security programs: $24.05 billion for the National Nuclear Security Administration (NNSA); $7.04 billion for defense environmental cleanup; $196 million for the Office of Legacy Management (LM); $160 million for nuclear energy. 

The conferees also note key items in the FY24 NDAA Conference Report relating to advanced nuclear reactors:

  • There are some groups within the Armed Forces that have intentions to use advanced nuclear reactors at U.S. military bases, domestic and abroad. Currently the Armed Forces rely on fossil fuels, which have safety risks as well as national security risks. While advanced nuclear technologies’ have the ability to generate clean electricity reliably and consistently. Advanced nuclear reactors are a key solution to providing secure and bountiful energy supply. While presently operational energy supply chains function well, the U.S. Armed Forces state that they “need to prepare for the logistical challenges arising from the battles of tomorrow”. The Conference Report notes that within the next decade the use of energy will increase significantly, and advanced nuclear reactors are a clear solution. 

  • This Conference Report also directs the Secretary of Defense to brief the Armed Services Committee on both Senate and House of Representatives, no later than March 1, 2024 on the status of efforts regarding advanced nuclear technology in each military department. This includes identification of what the individual branches need regarding potential obstacles related to the deployment of advanced nuclear reactors for military operations and logistical support. 

    • This is a result of the House bill’s provision (sec. 3135) that would require the secretary of each military department to submit a statement if that department is interested in using advanced nuclear technology. This statement would include identification of what individual branches need in regards to “enhancing regulatory certainty relating to deploying advanced nuclear reactors for military operations and logistical support”. While the Senate amendment contained no similar provisions. The Conference Report includes a lessen version of the House provision. 

           The FY24 NDAA also includes language regarding Per-and Polyfluoroalkyl substances (PFAS) policy. PFAS has been a large issue at DOD sites, and it is expected to also continue to be a focus at NNSA, EM, and other DOE sites. The NDAA includes PFAS policy language on page 166 (of the conference report) and it contains six provisions under Subtitle C- Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl Substances: 

  • Section 331 changes the reporting requirement of the Defense Department PFAS Task Force from quarterly to annual.

  • Section 332 requires the Defense Department to prepare a separate budget justification document each year relating to the research and development, testing, remediation, and contaminant disposal of PFAS, as well as related community outreach.

  • Section 333 authorizes the transfer of $5 million more to the Centers for Disease Control and Prevention to study the health impact of PFAS in drinking water. The Defense Department retains the task of studying the ecological impact of PFAS.

  • Section 334 adds thermal destruction to the technologies for which the Defense Department can award a monetary prize. $1 million is set aside for this purpose.

  • Section 335 appears to allow the Defense Department to conduct incineration of PFAS-contaminated materials, with EPA approval.

  • Section 336 required the Government Accountability Office (GAO) to conduct a study of “ongoing testing and remediation by the Department of Defense of current or former military installations contaminated” with PFAS. Of course, legislation is not necessary to trigger a GAO report.

Use this link to read ECA’s highlights of the FY24 NDAA Conference Report published earlier this week.

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