House GOP right flank wins votes on hot-button defense bill amendments

House Republicans reached an agreement to allow votes on controversial amendments to the National Defense Authorization Act (NDAA), resolving a battle within the party while potentially making passage of the must-pass bill more difficult.

The amendments include proposals on Ukraine funding, the Pentagon’s abortion policy and more social issues pushed by the party’s right flank.

Members of the hard-line conservative House Freedom Caucus and their allies had been pushing for votes on the hot-button culture war issues, even as passage of some of those amendments could amount to poison pills for Democrats, and their inclusion may severely complicate House Speaker Kevin McCarthy’s (R-Calif.) task of securing final passage of the annual $886 billion defense bill.

The House Rules Committee convened just after midnight Thursday morning to complete consideration of the NDAA, making it possible that the House completes consideration of the defense bill this week, even as some members Wednesday had expected the amendments battle to stretch into next week.

The panel approved a procedural rule that makes 80 amendments in order, adding to the nearly 300 other noncontroversial amendments that were approved for floor consideration Wednesday. The committee had taken the unusual step to break up the procedural rule into multiple parts as the House GOP negotiated the more controversial amendments.

Among the measures approved for consideration in the wee hours of Thursday morning are an amendment to reverse the Pentagon’s policy to reimburse expenses for service members who travel to obtain an abortion — a topic that has caused Sen. Tommy Tuberville (R-Ala.) to block the Senate from approving hundreds of military promotions.

Other measures approved for floor votes include Rep. Marjorie Taylor Greene’s (R-Ga.) amendment to strike $300 million of funding for Ukraine that is included in the underlying bill; a prohibition on the Department of Defense providing gender-affirming surgeries and hormones; amendments gutting diversity and inclusion programs; a ban on any mask mandates on military installations intended to prevent the spread of COVID-19; and an amendment prohibiting the Department of Defense from carrying out climate change-related executive actions from President Biden.

Rep. Jim McGovern (D-Mass.), ranking member on the House Rules Committee, warned Republicans that the amendments made in order could jeopardize the NDAA’s passage in the House, because they will turn off Democrats.

“Looking at the amendments made in order, I’d be surprised if this barely passes the House. The amendments you made in order, If they are even adopted because they’re so extreme … will make what was a bipartisan bill demonstrably worse,” McGovern said.

McGovern also said he was disappointed that a measure to ban the transfer of cluster munitions was revised to only prevent cluster munitions from being transferred to Ukraine.

In response to McGovern’s request to include amendment votes repealing the 2002 and 1991 authorizations for use of military force (AMUF), House Rules Committee Chairman Tom Cole (R-Okla.) said that McCarthy has given assurances that those AUMFs — and potentially the 2001 AUMF — will be dealt with in September.

The NDAA typically gets bipartisan support, and passed out of the House Armed Services committee 58-1 in June. But with a slim House GOP majority and a portion of GOP members who typically vote against the NDAA, McCarthy and House GOP leadership would be in an extremely tight spot if Democrats refuse to support the legislation over any poison pills.

But House Majority Whip Tom Emmer (R-Minn.) in an interview Wednesday downplayed the difficulties of passing an NDAA with any of the controversial amendments approved. 

“If [an amendment] passes with Republican votes, if it becomes part of the NDAA, we’re gonna pass it with 218. That is our goal,” Emmer said.

Even if the controversial amendments are approved and make it into a House-passed version of the NDAA, they could be stripped from a final version of legislation; the Democratic-controlled Senate will pass its own version of the NDAA, and then the two chambers will have to negotiate a final version that resolves differences.

With the House Rules Committee completing consideration of the NDAA, it is possible that the House completes consideration of the defense bill this week, even though some members Wednesday had expected the amendments battle to stretch into next week.

The version of the NDAA that passed out of the House Armed Services Committee already includes a few measures addressing culture war issues, with measures that ban drag shows and any training that promotes critical race theory.

Mychael Schnell contributed.