FY24 NDAA: Decreased Funding for Ukraine and Other Changes
On Dec. 22, 2023, U.S. President Joe Biden signed the FY24 National Defense Authorization Act (NDAA) into law, appropriating $886 billion in funding for U.S. national security and defense priorities, with a significant focus of the NDAA being Russia’s domestic and foreign affairs yet again. This year’s NDAA also telegraphs America’s continued, though diminished, support for Ukraine, with $300 million in financial assistance even as a bill that includes $60 billion in aid for Ukraine remains stalled in the House of Representatives despite passing in the Senate on Feb. 13. NDAA-2024 simultaneously shores up support for international institutions through financial support for NATO programs, U.S. European Command and the European Deterrence Initiative, while establishing a new Institute for Transatlantic Engagement and unprecedented measures to prevent a U.S. president from suspending, terminating, denouncing or withdrawing the United States from NATO. In addition, through commissioning an independent report, this year’s NDAA seeks to identify lessons learned from information operations conducted by the U.S., Russia, Ukraine and organizations like NATO leading up to Russia’s invasion of Ukraine, with recommendations for improving U.S. information operations for future contexts.
Key Highlights: FY24 Appropriations and Provisions, and Changes from FY23
Compared to the FY23 NDAA, this year’s NDAA increases funding for U.S. European Command and the NATO Security Investment Program by 13.6% and 63.4%, respectively.
This increased funding can help the United States and its allies play a continued and crucial role in promoting regional security in Europe and partnerships through exercises, training, equipment, logistical support, cybersecurity, intelligence and military infrastructure, especially in efforts to deter Russian actions in Ukraine and beyond.
At the same time, this year’s NDAA decreases funding for the European Deterrence Initiative, the Ukraine Security Assistance Initiative, NATO Alliance Ground Surveillance and NATO-related research and development by 14.95%, 62.5%, 99.76%, and 21.81%, respectively. The sharp drop in funding for the Ukraine Security Assistance Initiative, from $800 million to only $300 million, comes amid partisan infighting in Congress spurred by what some see as Ukraine war fatigue coupled with continued disagreements over tougher security measures on America’s southern border and a new funding priority: Israel’s war with Hamas. This year’s legislation also marks an almost complete drop in funding for NATO’s Alliance Ground Surveillance program; however, this aligns with the AGS system being handed over to the NATO AGS Force in 2022 following the achievement of operational capability. Operating from Sigonella, Italy, the AGS program utilizes high-altitude, long-endurance aircraft with advanced radar sensors to surveil wide areas. According to a September 2023 NATO press release, since 2022 and in response to Russia’s war in Ukraine, “NATO’s fleet of Alliance Ground Surveillance drones has conducted multiple missions on the Alliance’s eastern flank, predominantly in the Black Sea region.”
Additionally, this year’s NDAA contains various Russia-related provisions spanning energy and natural resources, national security, Ukraine, Europe and NATO, nuclear security and arms control and corruption and human rights. Legislative highlights include:
- The establishment of the Institute for Transatlantic Engagement, the location for which has not yet been determined, aimed at strengthening national security by emphasizing the importance of the transatlantic relationship. The Institute is funded at $750,000 for FY24 and FY25.
- The prohibition of using funds authorized for FY24 for the Department of Defense to be used to provide Russia with notifications required by the New START Treaty, unless Russia provides similar information to the United States, or if it is in the national security interest of the United States to do so. Russia has suspended its implementation of New START as of February 2023, with the treaty expiring in February 2026.
- The restriction on the president from suspending, terminating, denouncing or withdrawing the United States from the North Atlantic Treaty without the advice and consent of the Senate or pursuant to an act of Congress.
Compared to this year’s NDAA, last year’s bill focused much more heavily on Russia’s war on Ukraine as the United States began ramping up its efforts to assist Ukraine through funding, supplies, training and debt relief efforts. Last year’s NDAA also featured more provisions aimed at punishing Russia for its actions in Ukraine and its domestic repression efforts through characterizing Russia’s actions in Ukraine as war crimes; establishing an Intelligence Community Coordinator for Russian Atrocities Accountability; establishing a U.S. policy “minimizing the participation of Russian government officials in specified international organizations”; and condemning the imprisonment of opposition leaders such as Vladimir Kara-Murza and Alexei Navalny. Additionally, last year’s NDAA featured a significant number of provisions on Russia-China relations, particularly relating to China’s support for Russia in and during its war in Ukraine, as well as how Russia’s war may have impacted and influenced China’s strategies and doctrine with respect to Taiwan. This year, the only explicitly China-related provision from the NDAA is a requirement for the Commander of U.S. Strategic Command to alert congressional defense committees if they anticipate or confirm militarily significant cooperation between Russia and China in the realm of nuclear or strategic capabilities.
Looking Ahead: FY25 and FY26 NDAA
Ultimately, the way the FY26 NDAA will shake out will be highly dependent on who wins the 2024 presidential election. If Biden is re-elected, we would likely see a continuation of policy and financial assistance supporting Ukraine’s efforts against Russia. Similarly, Republican candidate Nikki Haley has been vocal about her support for Ukraine and increased spending. However, a Biden or a Haley administration’s ability to pass legislation providing various forms of assistance to Ukraine will be dependent on the new makeup of the House and Senate. On the other hand, if former President Donald Trump is re-elected, this would signal a reshaping of U.S. foreign policy in favor of cuts to financial and other types of support abroad. In fact, this year’s provision restricting a president from suspending, terminating, denouncing or withdrawing the United States from NATO is a precautionary measure against action Trump—who recently claimed to have threatened to encourage a Russian attack on European countries that underspend on defense—may take, should he be re-elected.[1]
The tables below compare FY23 and FY24 NDAA Russia-related appropriations and provisions.
Russia-Related Program Appropriations
FY23 NDAA vs. FY24 NDAA
| Program | FY23 Appropriations | FY24 Appropriations | Percent Change |
| European Deterrence Initiative | $4,267,400,000 | $3,630,400,000 | -14.95%. |
| Institute for Transatlantic Engagement | N/A | $750,000 | N/A |
| NATO Alliance Ground Surveillance | $826,000 | $2,000 | -99.76% |
| NATO Security Investment Program | $210,139,000 | $343,434,000 | +63.4% |
| Total NATO-related research and development | $16,141,000 | $12,616,000 | -21.81% |
| Ukraine Security Assistance Initiative | $800,000,000 | $300,000,000 | -62.5%. |
| U.S. European Command | $359,602,000 | $408,529,000 | +13.6% |
Russia-Related Provisions
FY23 NDAA vs. FY24 NDAA
Energy and Natural Resources
| FY23 NDAA | FY24 NDAA |
| Sec. 1086. Combating military reliance on Russian energy. Requires the Secretary of Defense to submit a report outlining plans to reduce U.S. military reliance on Russian energy within five years for main operating bases in the area of responsibility of the United States European Command. | Sec. 1803. Modification to requirements relating to combating military reliance on Russian energy. Modifies the requirements related to combating military reliance on Russian energy, specifically altering terminology from "main operating bases" to "operating bases," adjusting the submission timeline for the identification of critical installations by the Secretary of Defense, and making corresponding revisions throughout the subsections. |
| Sec. 5590. Imposition of sanctions with respect to the sale, supply, or transfer of gold to or from Russia. Requires the President to submit a report to Congress identifying foreign persons involved in significant transactions related to the sale, supply, or transfer of gold to or from Russia, and shall impose sanctions, including blocking property and ineligibility for visas, admission, or parole, on each identified person, with provisions for waivers, penalties, and termination conditions; exceptions are provided for authorized intelligence and law enforcement activities, compliance with international agreements, humanitarian assistance transactions, and the importation of goods. | Sec. 224. Limitation on sourcing chemical materials for munitions from certain countries. The Secretary of Defense is prohibited from acquiring specified chemical materials for munitions from countries including the People's Republic of China, the Islamic Republic of Iran, the Democratic People's Republic of North Korea, and the Russian Federation. |
| Sec. 320. Prohibition and report requirement relating to certain energy programs of Department of Defense. None of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for any operational energy program may be provided to any entity owned by, or with known financial or leadership ties to, the Russian Federation or the Chinese Communist Party. | |
| Sec. 833. Amendment to requirement to buy certain metals from American sources. Requires specialty metals in defense systems to be produced in the U.S. or specified countries, with additional tracking for aerospace-grade metals related to China, Iran, North Korea, and Russia; and an exception is made in Section 4872(c) for specific end items and covered materials, allowing the Secretary of Defense to waive the prohibition for a limited period. |
National Security
| FY23 NDAA | FY24 NDAA |
| Sec. 162. Assessment and strategy for fielding capabilities to counter threats posed by unmanned aerial swarms. Mandates the Secretary of Defense to conduct an assessment and develop a strategy to counter the threats posed by unmanned aerial system swarms, with a specific focus on adversaries such as the People's Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of North Korea, and non-state actors, including a comprehensive plan to acquire and field capabilities to defend against unmanned aerial system swarms across land, air, and maritime domains. | Sec. 1072. Biannual briefings on homeland defense planning. Mandates Secretary of Defense to provide biannual briefings to congressional defense committees, including updates on homeland defense policy guidance, threats from specific countries, including Russia, and major actions taken to respond to military threats, along with outlining homeland defense policies in the event of a conflict with specified countries. |
| Sec. 817. Modification to prohibition on operation or procurement of foreign-made unmanned aircraft systems. Prohibits the Secretary of Defense from entering into contracts with entities operating equipment from covered unmanned aircraft system companies, specifically naming China, Russia, Iran, and North Korea, and mandates the issuance of policy within 180 days to implement and establish due diligence and appeal processes for such restrictions. | Sec. 1073. Report on effectiveness of current use of United States Naval Station, Guantanamo Bay, Cuba. Requires the Secretary of Defense to submit a report by April 30, 2024, to the Committees on Armed Services, focusing on the effectiveness of the United States Naval Station, Guantanamo Bay, in defending national security interests, with specific elements including an analysis of intelligence, cyber, and information operation activities of foreign governments, including the Russian Federation and the People’s Republic of China, and recommendations for mitigation measures. |
| Sec. 1076. Report on effects of strategic competitor naval facilities in Africa. Requires the Secretary of Defense to submit a report to the congressional defense committees on the effects of current or planned covered naval facilities in Africa, particularly those established or operated by China or Russia, including an identification of locations, detailed descriptions of agreements with China or Russia, assessments of the impact on Department of Defense interests and operational plans, and an evaluation of the policy objectives and military capabilities supported by each covered naval facility, with a specific focus on the strategic competition involving Russia in the region. | Sec. 3523. Study on foreign ownership and control of marine terminals. Directs the Secretary of Transportation, in consultation with the Secretary of Commerce, with commissioning a federally funded research and development center to assess the impact of foreign state-owned enterprises' leases, concessions, and ownership of marine terminals at the 15 largest U.S. container ports, with a focus on Chinese or Russian entities, examining the 30-year historical period and providing recommendations on policies, potential threats to national and economic security, supply chain impacts, and necessary legislative changes. |
| Sec. 6516. Intelligence community assessment regarding Russian gray zone assets. Mandates the Director of National Intelligence to produce an intelligence community assessment on Russian gray zone assets, including their description, opportunities to hold them at risk, and an evaluation of risks and benefits that could stem from seizing gray zone assets, with specific considerations and examples, to be submitted to the appropriate committees of Congress. | Sec. 7501. Detail of individuals from intelligence community to Department of Commerce. Authorizes the Director of National Intelligence, through the Intelligence Community Civilian Joint Duty Program, to facilitate the detail of civilian employees from the intelligence community to the Department of Commerce's Bureau of Industry and Security, with a focus on actionable intelligence related to foreign adversaries, including Russia, and expertise in areas such as counterintelligence, technology, and supply chain vulnerability. |
| Sec. 6524. Report on activities of China and Russia targeting Latin America and the Caribbean. Requires the Director of National Intelligence, within 180 days of the Act's enactment, to submit a report to the congressional intelligence committees, detailing China and Russia's activities in Latin America and the Caribbean aimed at increasing their influence, covering aspects such as foreign malign influence campaigns, financial investments, and diplomatic or military ties, with an assessment of the objectives, themes, scale, and nature of the threat posed by these activities, and specifying the potential impact on U.S. national security, diplomatic, military, or economic interests. | Sec. 7342. Defense Intelligence Agency assessment of strategic competition in Latin America and the Caribbean. Requires the Director of the Defense Intelligence Agency, within 120 days of the enactment of this Act, to submit to the appropriate congressional committees an intelligence assessment on the level of intelligence and defense cooperation between specified countries in Latin America and the Caribbean and both the People’s Republic of China and the Russian Federation, covering various security-related areas. |
| Sec. 11524. Prohibition on entry and operation. Prohibits certain Russian-owned or operated vessels from entering or operating in U.S. waters or transferring cargo in U.S. ports during the period of Executive Order 14065, with exemptions granted if the Secretary of State determines it is in the national security interest or for vessels engaged in passage permitted under international law, and mandates notifications to relevant committees, governments, and vessel masters, allowing provisional entry or cargo transfer if necessary for safety. |
Ukraine
| FY23 NDAA | FY24 NDAA |
| Sec. 1241. Modification and extension of Ukraine Security Assistance Initiative. Authorizes the Secretary of Defense, with the Secretary of State's concurrence, to provide security assistance and intelligence support, including training, equipment, and logistics, to Ukraine's military and national security forces, and other groups resisting Russian aggression, for enhancing defense capabilities, territorial integrity, and countering Russian actions; the legislation allocates $800 million for fiscal year 2023, extends the authority until December 31, 2024, and allows a waiver of certification requirement for national interest due to exigent circumstances. | Sec. 1241. Extension of Ukraine Security Assistance Initiative. Extends the Ukraine Security Assistance Initiative, allocating $300,000,000 for both fiscal years 2024 and 2025, with the extension now lasting until Dec. 31, 2026. |
| Sec. 1244. Temporary authorizations related to Ukraine and other matters. Grants temporary authorizations for covered agreements related to Ukraine, encompassing contracts, subcontracts, transactions, or modifications awarded by the Department of Defense for building critical munitions, providing material to foreign allies supporting Ukraine, and supplying material to the Ukrainian government. Additionally, the section modifies cooperative logistic support agreements for NATO countries and authorizes multiyear procurement contracts for various munitions. | Sec. 1242. Extension and modification of certain temporary authorizations related to munitions replacement. Extends and modifies temporary authorizations related to munitions replacement, including the expansion of eligible countries to include Ukraine, Taiwan, and Israel, and adjustments to quantities and exemption periods, with particular focus on the section allowing the Department of Defense to provide material directly to Ukraine, Taiwan, or Israel. |
| Sec. 1245. Prohibition on availability of funds relating to sovereignty of the Russian Federation over internationally recognized territory of Ukraine. Prohibits the use of funds allocated for the Department of Defense to implement activities recognizing the sovereignty of the Russian Federation over internationally recognized Ukrainian territory, including Crimea and claimed territories; however, the Secretary of Defense can waive this prohibition if it is deemed in the national security interest. | Sec. 1244. Extension of prohibition on availability of funds relating to sovereignty of the Russian Federation over internationally recognized territory of Ukraine. Extends the prohibition on the availability of funds related to the sovereignty of the Russian Federation over the internationally recognized territory of Ukraine to fiscal year 2024. |
| Sec. 1247. Oversight of United States assistance to Ukraine. Outlines the sense of Congress that continued assistance to Ukraine amid Russia's attack is crucial for U.S. national security, and oversight, transparency, and accountability measures should be upheld; furthermore, the Inspector General of the Department of Defense, in collaboration with other relevant Inspectors General, is required to submit a report to the appropriate congressional committees by April 1, 2023, detailing the oversight framework for U.S. assistance to Ukraine, including identified gaps, failures, the presence and access of Inspectors General in Europe, and lessons learned. | Sec. 1250B. Oversight of programs and operations funded with amounts appropriated by the United States for Ukraine. Mandates the Special Inspector General for Operation Atlantic Resolve to oversee programs and operations funded by the United States for Ukraine, providing briefings to congressional committees, publishing comprehensive accountings, submitting quarterly reports on activities and identifying waste, fraud, and abuse, with associated authorities and appropriations detailed, and an expansion and extension of direct hire authority for certain personnel. |
| Sec. 1703. Quarterly briefings on replenishment and revitalization of weapons provided to Ukraine. Requires the Secretary of Defense to provide quarterly briefings to the congressional defense committees on the progress of replenishing, expanding production capacity, and increasing resilience for covered systems provided to Ukraine. | Sec. 1245. Study and report on lessons learned regarding information operations and deterrence. Directs the Secretary of Defense to contract with an eligible entity to conduct an independent study, within one year, on lessons learned from information operations by the United States, Ukraine, and the Russian Federation during the lead-up to Russia's invasion of Ukraine in 2022, with a focus on assessing Russian information operations capabilities, evaluating successes or challenges in U.S., NATO, and Ukrainian information operations, and providing recommendations for improving U.S. information operations to enhance effectiveness and support deterrence. |
| Sec. 6807. Assessments of the effects of sanctions imposed with respect to the Russian Federation’s invasion of Ukraine. Requires the Director of National Intelligence, in coordination with various government agencies, to submit to the appropriate congressional committees an assessment every 180 days for two years on the cumulative and material effects of sanctions imposed by the U.S. and international community regarding Russia's invasion of Ukraine, including efforts by Russia to evade sanctions, the impact of sanctions on Russia's economy and key sectors, methodologies for assessing different categories of sanctions, evasion techniques, developments in alternative payment systems, assessments of countries holding reserves in U.S. dollars, and the impact of general licenses on Russian influence actors and energy-related transactions. | Sec. 1243. Report relating to allied and partner support to Ukraine. Mandates the Secretary of Defense to submit, every 90 days until Jan. 1, 2025, a report to the congressional defense committees detailing military contributions to Ukraine by allied and partner countries since Jan. 1, 2022. |
| Sec. 736. Establishment of partnership program between United States and Ukraine for military trauma care and research. Directs the Secretary of Defense to establish a partnership program with the Government of Ukraine by Feb. 24, 2023, encompassing joint initiatives on military trauma care and research, including sharing lessons from the Russo-Ukraine War, organizing joint conferences, collaborating on health policy matters, conducting research on new weapons' health effects, implementing reciprocal education programs, providing support for a program akin to the Wounded Warrior Program, delivering training on various health-related areas to the armed forces of Ukraine, and maintaining a list of required medical supplies and equipment. | |
| Sec. 1246. Report on Department of Defense plan for the provision of short and medium-term security assistance to Ukraine. Requires the Secretary of Defense, in collaboration with relevant federal agencies, to submit a detailed report to the congressional defense committees outlining the Department of Defense's plan for providing security assistance to the armed forces of Ukraine, specifying focus areas, funding streams, and plans for training, maintenance, and sustainment over the next 3 to 6 months and 12 to 24 months, along with any other relevant matters. | |
| Sec. 5523. Report analyzing the impact of Russia’s war against Ukraine on the objectives of the People’s Republic of China with respect to Taiwan. Requires the Secretary of State to submit a classified report to the appropriate congressional committees analyzing the impact of Russia's war against Ukraine on the People's Republic of China's diplomatic, military, economic, and propaganda objectives with respect to Taiwan, detailing adaptations or changes in China's strategies and military doctrine influenced by the Russian invasion and outlining U.S. plans to adjust policies and military planning in response to these changes, while also requiring the Secretary of State to share relevant information with allied and partner nations, including Taiwan. | |
| Sec. 5599. Report on Chinese support to Russia with respect to its unprovoked invasion of and full-scale war against Ukraine. Requires the Secretary of State to submit a report to appropriate congressional committees, examining whether and how the People's Republic of China has supported Russia in its invasion of Ukraine, covering aspects such as evading sanctions, inhibiting export control checks, providing technology, establishing economic arrangements, furthering disinformation efforts, hindering multilateral responses, and offering material or logistical support. | |
| Sec. 5703. Ukraine debt payment relief. Directs the Secretary of the Treasury to advocate for debt service relief for Ukraine in international financial institutions, coordinate efforts for debt payment relief with other governments and creditor groups, support concessional financial assistance for Ukraine, and seek economic support for refugees from Ukraine. | |
| Sec. 5948. Ukraine Invasion War Crimes Deterrence and Accountability Act. Expresses the sense of Congress that the Russian Federation, under President Vladimir Putin, committed war crimes during its invasion of Ukraine, emphasizing deliberate targeting of civilians, destruction of non-military buildings, and other atrocities, outlining a policy for the United States to collect evidence, deter war crimes, and pursue accountability, and mandating a report on U.S. efforts in these areas. | |
| Sec. 6512. Intelligence community coordinator for Russian atrocities accountability. Establishes the position of Intelligence Community Coordinator for Russian Atrocities Accountability, defining terms, specifying duties, and requires the Director of National Intelligence to submit a plan, appoint the Coordinator, and provide annual reports to appropriate congressional committees regarding the intelligence community's efforts related to Russian atrocities in Ukraine. | |
| Sec. 6521. Report on assessing will to fight. Directs the Director of National Intelligence to submit a report within 180 days, examining the intelligence community's analysis of the military and national will to fight of Ukraine, Afghanistan, and Iraq, including methodology, application, dependencies on U.S. Armed Forces' observations, use of red teaming, treatment of dissenting opinions, adherence to intelligence community policies, and recommendations for future analyses. | |
| Sec. 6525. Report on support provided by China to Russia. Mandates the Director of National Intelligence, every 180 days, to submit a report to the appropriate congressional committees on whether and how China has provided support to Russia in its invasion of Ukraine, covering evasion of sanctions, hindering export control checks, supplying technology, establishing economic arrangements, and providing material or logistical support. | |
| Sec. 6808. Assessment of impact of Russia’s invasion of Ukraine on food security. mandates that the Director of National Intelligence, in collaboration with relevant intelligence agencies, assess and report to Congress within 120 days on the current and potential global food security impact of Russia's invasion of Ukraine, including region-specific effects, potential political instability, factors influencing food insecurity, Russia's involvement in stealing grain from occupied Ukrainian territories, and whether Russia intentionally caused a global food shortage. | |
| Sec. 5704. Isolate Russian Government Officials Act of 2022. Establishes the U.S. policy of minimizing the participation of Russian government officials in specified international organizations, directs relevant U.S. authorities to implement this policy, includes a termination provision after 5 years or upon a presidential report of cessation of Russian destabilizing activities in Ukraine, and provides the President with waiver authority based on national interest. |
Europe & NATO
| FY23 NDAA | FY24 NDAA |
| Sec. 1066. Reports on United States military force presence in Europe. Requires the Secretary of Defense to submit a report within 120 days to Congress on the U.S. military force posture in Europe, emphasizing objectives such as implementing the national defense strategy, fulfilling NATO commitments, and reducing contingency plan risks, with a focus on force structure, training, logistics, infrastructure, air and missile defense, security cooperation, and resource requirements; additionally, quarterly reports are mandated on funds expenditure for planning and designing infrastructure to support a permanent U.S. force presence on NATO's Eastern Flank in countries including Romania, Poland, Lithuania, Latvia, Estonia, Hungary, Bulgaria, the Czech Republic, and Slovakia. | Sec. 1247. Black Sea security and development strategy. Instructs the National Security Council to develop an interagency strategy within 180 days, focusing on the Black Sea region and states, with goals such as increasing coordination with NATO and the European Union, deepening economic ties, strengthening energy security, supporting democratic resilience, and enhancing security assistance with a detailed plan for security, economic prosperity, and democratic resilience; the President is further required to submit this strategy to Congress, along with an assessment of the necessary authorities and budgetary resources for fiscal years 2025 and 2026. |
| Sec. 1271. North Atlantic Treaty Organization Special Operations Headquarters. Authorizes the Secretary of Defense to allocate up to $50,000,000 annually for operation and maintenance of the NATO Special Operations Headquarters, focusing on enhancing coordination, cooperation, joint operations, command capabilities, intelligence, and interoperability among NATO special operations forces and approved partner countries. | Sec. 1250A. Limitation on withdrawal from the North Atlantic Treaty Organization. The President is restricted from suspending, terminating, denouncing, or withdrawing the United States from the North Atlantic Treaty without the advice and consent of the Senate or pursuant to an Act of Congress, with a limitation on the use of funds for any such action, and requirements for prior consultation and notification to congressional committees, and a rule of construction emphasizing the necessity of Senate advice and consent for treaty-related actions. |
| Sec. 1272. Sense of Congress on NATO and United States defense posture in Europe. Outlines the sense of Congress that the Russian Federation's invasion of Ukraine poses a significant threat, and Congress supports continued assistance to Ukraine, reaffirms commitment to NATO, encourages NATO expansion, and emphasizes the importance of adapting the U.S. posture in Europe to the altered threat environment, including maintaining commitments in the Baltic region, Black Sea, and Western Balkans, while countering the malign activities of China across Europe and beyond. | Sec. 6709. Institute for Transatlantic Engagement. Establishes the Institute for Transatlantic Engagement, aimed at strengthening national security by emphasizing the importance of the transatlantic relationship and addressing threats from adversarial countries, including the Russian Federation and the People's Republic of China, with specific programs, a Director appointed by the Secretary, and a budget of up to $750,000 for fiscal years 2024 and 2025. |
| Sec. 2501. Authorized NATO construction and land acquisition projects. Authorizes the Secretary of Defense to contribute to the North Atlantic Treaty Organization Security Investment Program. | Sec. 2501. Authorized NATO construction and land acquisition projects. Authorizes the Secretary of Defense to contribute to the North Atlantic Treaty Organization (NATO) Security Investment Program, not exceeding the combined amount authorized in section 2502 and the funds collected from NATO due to prior U.S.-financed construction. |
| Sec. 2502. Authorization of appropriations, NATO. Authorizes appropriations for fiscal years after Sept. 30, 2022, to fund the United States' contributions under section 2806 of title 10, United States Code, for projects in the North Atlantic Treaty Organization Security Investment Program as outlined in section 2501 and specified in the funding table in section 4601. | Sec. 2502. Authorization of appropriations, NATO. Grants authorization for the appropriation of funds for fiscal years beyond Sept. 30, 2023, to cover the U.S. share of project costs under the North Atlantic Treaty Organization Security Investment Program, as specified in the funding table in section 4601 and authorized by section 2501. |
Nuclear Security & Arms Control
| FY23 NDAA | FY24 NDAA |
| Sec. 1642. Matters relating to nuclear-capable sea-launched cruise missile. Requires the Secretary of Defense to submit a report to the congressional defense committees detailing the Department of Defense's approach for deterring theater nuclear employment by Russia, China, and North Korea, including an assessment of capabilities, strategies, and options, while also developing a concept of operations for a nuclear-capable sea-launched cruise missile and providing information on its operational implications, associated costs, and spend plans. | Sec. 1246. Prohibition on New START treaty information sharing. Prohibits the use of funds authorized for fiscal year 2024 for the Department of Defense to be used to provide the Russian Federation with notifications required by the New START Treaty. The Secretary of Defense, with the Secretary of State's concurrence, has the authority to waive this prohibition if Russia provides similar information to the United States, or if it is in the national security interest of the United States to do so. |
| Sec. 3120. Prohibition on availability of funds to reconvert or retire W76–2 warheads. Prohibits the use of funds for fiscal year 2023 by the National Nuclear Security Administration to reconvert or retire a W76–2 warhead, unless the Administrator for Nuclear Security, in consultation with the Secretary of Defense and the Chairman of the Joint Chiefs of Staff, certifies in writing to the congressional defense committees that Russia and China do not possess naval capabilities similar to the W76–2 warhead in their active stockpiles and the Department of Defense has no valid military requirement for the W76–2 warhead. | Prohibition on availability of funds to reconvert or retire W76-2 warheads. Prohibits the use of funds to reconvert or retire a W76–2 warhead, unless waived by the Administrator for Nuclear Security, who must certify in writing that Russia and China lack naval capabilities akin to the W76–2 in their active stockpiles and that the Department of Defense has no valid military need for the W76–2. |
| Sec. 6511. Notice of deployment or transfer of containerized missile systems by Russia, China, or Iran. Amends the Intelligence Authorization Act for Fiscal Year 2016 to broaden the scope beyond the Russian Federation, specifying covered countries as Russia, China, Iran, and North Korea, and requiring notification to appropriate congressional committees regarding the deployment or transfer of missile launchers disguised in shipping containers by these countries. | Sec. 1649. Congressional notification of nuclear cooperation between Russia and China. If the Commander of the United States Strategic Command, in consultation with the Director of the Defense Intelligence Agency, anticipates or confirms militarily significant cooperation between Russia and China in the realm of nuclear or strategic capabilities, the Commander is required to provide a notification to the congressional defense committees, detailing the nature of the cooperation and assessing its implications for the United States concerning nuclear deterrence, extended deterrence, assurance, and defense. |
| Sec. 6522. Report on threat from hypersonic weapons. Requires the Director of National Intelligence to submit a report focusing on the threat posed by hypersonic weapons, especially those used by Russia in Ukraine, with assessments covering Russia's capabilities, doctrine, allied perspectives, and the impact of developing similar missiles on U.S. deterrence against Russian threats. | Sec. 1670. Report on potential enhancements to integrated air and missile defense capabilities in Europe. Not later than 240 days after the enactment of this Act, the Secretary of Defense, in consultation with specified officials, is required to submit a report to the congressional defense committees outlining potential enhancements to U.S. and allied air and missile defense capabilities that could contribute to the integrated air and missile defense capability of NATO, including identification of enhancements, assessment of feasibility, funding profile, and consultation with relevant stakeholders. |
| Sec. 9101. Modernizing the Bureau of Arms Control, Verification, and Compliance and the Bureau of International Security and Nonproliferation. Expresses the sense of Congress that the Secretary should address staffing shortages in the Bureau of Arms Control, Verification, and Compliance, and the Bureau of International Security and Nonproliferation, emphasizing the need to maintain fully staffed and resourced bureaus to effectively counter global proliferation threats, especially focusing on challenges posed by China's conventional and nuclear capabilities, Russia's tactical and new types of nuclear weapons, bioweapons proliferation, dual-use life sciences research, and chemical weapons. | Sec. 1690. Research and analysis on multipolar deterrence and escalation dynamics. Requires the Secretary of Defense, no later than 90 days after the enactment of this Act, to initiate an agreement with a university-affiliated research center to conduct research and analysis on multipolar deterrence and escalation dynamics, including assessing the implications of a second near-peer nuclear power, exploring alternative force structures, evaluating nonstrategic capabilities, analyzing Russia's Strategic Operations to Destroy Critically Important Targets concept, and identifying multilateral efforts to contribute to multipolar strategic deterrence and escalation dynamics, with a report due to the congressional defense committees by March 1, 2025. |
Corruption & Human Rights
| FY23 NDAA | FY24 NDAA |
| Sec. 5706. Banking Transparency for Sanctioned Persons Act of 2022. Requires the Secretary of the Treasury to annually report on specific licenses issued in the past year allowing U.S. financial institutions to provide services to the Russian government or individuals sanctioned under specific acts such as Russia and Moldova Jackson-Vanik Repeal and Sergei Magnitsky Rule of Law Accountability Act of 2012 and the Global Magnitsky Human Rights Accountability Act. | Sec. 5405. Imposition of sanctions under Global Magnitsky Human Rights Accountability Act. Directs the Secretary of State, in consultation with the Secretary of the Treasury, to assess whether foreign persons engaged in significant corruption, particularly related to the Nord Stream 2 pipeline, warrant sanctions under the Global Magnitsky Human Rights Accountability Act, with a subsequent annual report to Congress including sanctioned individuals, imposition dates, reasons, and a list of those involved in corruption related to Nord Stream 2, with the option of providing a briefing in lieu of a written report based on national interests, and these requirements are set to terminate after 5 years from the enactment of the Act. |
| Sec. 6406. Special Envoy for Belarus. Directs the President to appoint a Special Envoy for Belarus, with the goal of enhancing respect for human rights in Belarus, addressing national security implications, and responding to political, economic, and security impacts in the region, outlining specific duties such as engaging with Belarusian officials, supporting international efforts, consulting with NGOs, making funding recommendations, and developing an action plan for human rights violations, with the position being full-time and exclusive, co-located with the Belarus Affairs Unit, and terminating after five years, as stipulated by this section. | |
| Sec. 6707. Modification and repeal of reports. Directs the Secretary of State to optimize the efficiency of the annual Country Reports on Human Rights Practices, with a focus on cost and personnel effectiveness, utilization of data tools, and alignment with the Department's modernization agenda, while amendments to the reports include provisions on acts of transnational repression, particularly those involving digital surveillance, and obsolete reports related to funding mechanisms and human rights dialogues with Russia and Vietnam are eliminated. |
U.S.-Russia Relations
| FY23 NDAA | FY24 NDAA |
| Sec. 1242. Extension of limitation on military cooperation between the United States and Russia. Extends the limitation on military cooperation between the United States and Russia until 2027. | None |
Russian Military and Domestic Affairs
| FY23 NDAA | FY24 NDAA |
| Sec. 1243. Modification to annual report on military and security developments involving the Russian Federation. Modifies the annual report on military and security developments involving the Russian Federation to include assessments of the impacts of U.S. sanctions on the Russian military and its proxies, detailing the utilization and threats of Russian private military companies, and examining the impact of sanctions on deterring their malign activities. | None |
| Sec. 5599F. Condemning detention and indictment of Russian opposition leader Vladimir Vladimirovich Kara-Murza. Congress condemns the unjust detention and indictment of Russian opposition leader Vladimir Vladimirovich Kara-Murza, expresses solidarity with him and others imprisoned for exercising fundamental freedoms, urges the release of Kara-Murza, Alexei Navalny, and other citizens opposing Vladimir Putin's regime and the war in Ukraine, and calls on the President to increase support for democracy and independent media in Russia. | |
| Sec. 6523. Report on ordnance of Russia and China. Requires the Director of the Defense Intelligence Agency to provide a report to the congressional intelligence and defense committees on the ordnance of Russia and China, with detailed technical specifications for the safe handling and disposal of such ordnance, to be carried out in coordination with relevant elements of the Defense Intelligence Enterprise. |
Footnotes
- Donald Trump’s public recollection of how, while president, he told the leader of a “big country” that the U.S. would encourage Russia to attack NATO members who underspend on defense created an uproar in Western capitals, with some calling for the urgent rearmament of Europe and greater reliance on the U.K.’s and France’s nuclear forces for deterrence.
Opinions expressed herein are solely those of the author, unless otherwise stated. Official White House photo free for use in the public domain.
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