Important Asia Provisions in the House and Senate 2023 NDAA

The House of Representatives has advanced a National Defense
Authorization Act (NDAA) for Fiscal Year 2023; meanwhile, the Senate’s version
of the NDAA heads to the floor for consideration. Each version includes notable
provisions on matters relating to the Indo-Pacific. Some of these provisions
align while others will require significant negotiation before the final NDAA
is passed, likely later this year. Here are Asia-related items to watch:

Topic House NDAA Provisions Senate NDAA Provisions
China Section 631: Prohibits the sale of goods manufactured,
assembled, or imported from China at military exchanges and commissaries
Section 1205: Requires a yearly public report on the militaries
of China, North Korea, Iran, and Russia
Sections 1301 and 1309: Require that the China Military Power
Report include information on China’s special operations capabilities and
engagement with Iran and its proxies
Section 1065: Requires a report on Chinese and Russian naval
facilities and capabilities in Africa
Section 1249: Establishes a cross-functional team reporting
directly to the Secretary and Deputy Secretary of Defense to integrate and
coordinate efforts on China, both inside the Defense Department and with
interagency partners
Section 1247: Requires the Defense Intelligence Agency to
establish a program on indications and warning for Indo-Pacific and European
adversaries and brief the Congress yearly
Taiwan Sections 1312 and 1313: Supports Taiwan’s participation in the
Rim of the Pacific and other exercises
Section 1244: States that US policy is to deny a fait accompli
against Taiwan to unilaterally change the status quo with Taiwan
Section 1245: Expands reporting requirements on Taiwan’s defense
capabilities and requires a plan to enhance US assistance and defense cooperation
with Taiwan accordingly
India Section 1304: Requires a report on areas in which US-India
defense cooperation can be deepened, including analyses of India’s defense
relationships
Section 1246: Requires a briefing from the Secretary of Defense on
opportunities and challenges to expanding defense cooperation with India in
eight priority areas
Pacific Deterrence Initiative Section 1307: Requires the Indo-Pacific Command to submit a
report comparing the cost estimates from the Command’s Pacific Deterrence
Initiative request to the funding allocated in the budget request
Section 1241: Requires a comparison of the original budget
request from the Indo-Pacific Command with the administration’s budget
submission under the Pacific Deterrence Initiative
Posture Section 1305: Requires a report from the Indo-Pacific Command on
enhancing defense cooperation with regional allies and partners in eight
priority areas
Section
1250: Requires a report from the Secretary of Defense on the adequacy of
existing military posture agreements in the Indo-Pacific with the goal of
supporting a more distributed posture
Logistics Section 337: Commissions an unclassified public study to examine
alternative uses for the Red Hill Bulk Fuel Facility
Section 316: Authorizes closure of Red Hill bulk storage
facility and establishes associated reporting requirements
Supply Chains Section 1310: Requires unclassified disclosure of whether the
Secretary of Defense will list Chinese military companies operating in the
United States within 30 days of their disclosure
Section 847: Requires an annual report from the Secretary of
Defense and Chairman of the Joint Chiefs on industrial base constraints for
munitions
Section 844: Requires disclosure by contractors of the supply
chains involved in any permanent magnets containing rare earth elements or
minerals sourced from overseas, especially those involving Chinese military
companies
National Technology Industrial
Base
Section 1422: Requires a report on the critical minerals sourced
primarily from China and Russia and options for working more closely with the
National Technology and Industrial Base
Section 845: Includes New Zealand in the list of countries
comprising the National Technology and Industrial Base
Space and Networks Section 1602: Requires a public report on the protection of
satellites against adversary efforts to target, degrade, or destroy them
Section 1046: Expands the Indo-Pacific Commanders’ engagement on
Joint All Domain Command and Control under the mission management pilot
program
Nuclear Section 1634: Requires a report on the Department of Defense’s
approach for deterring theater nuclear employment by China or Russia
 
Coast Guard   Section 1243: Amends the Indo-Pacific Maritime Security
Initiative by allowing the Coast Guard to receive funds for training and
exercises with partners
Education Section 1311: Requires that the Secretary of Defense and
Director of National Intelligence publicly identify institutions of higher
education domiciled in China that support the Chinese military
Section 559: Establishes a Commission on Professional Military
Education that is tasked to consider creating specific tracks focused on
China, Russia, or other adversaries
Section 1248: Establishes a pilot program to engage young
civilian defense and security leaders from partner countries in the
Indo-Pacific

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