House GOP leaders are confronting a legislative landmine over a massive defense bill as right-wing lawmakers are pushing for a slew of hot button amendments that could put moderate Republicans in a complicated position and threaten Democratic support for the must-pass bill.
The lawmakers are demanding amendment votes this week on a wide-range of controversial issues -- everything ranging from abortion to transgender rights to diversity programs at the Pentagon -- and are even privately warning that they could scuttle the defense bill on the first procedural vote if they don't get their way.
The move has once again put the focus on House Speaker Kevin McCarthy as he tries to navigate the unyielding demands from members on his far-right while pushing legislation that many of his most vulnerable members are eager to tout back home. If he caters to the whims of members of the hardline House Freedom Caucus, he could win over more far-right Republicans but could jeopardize support from Democrats and moderate Republicans, both of which will be essential to getting the bill through the chamber.
Yet the votes could even put the White House in a jam as a group of lawmakers from both parties are pushing to halt President Joe Biden's move to transfer cluster munitions to Ukraine.
Even though the House Armed Services Committee sent its bill to the floor on a bipartisan vote, the top Democrat on that panel warned that his support would be in jeopardy if the final bill includes some of these controversial amendments, particularly around abortion.
"The committee did a good job of presenting a bipartisan bill," Rep. Adam Smith of Washington state, the committee's top Democrat, told CNN. "But I am worried that the full House Republicans are not going to do that, that they're going to push this bill too far into an extreme anti-inclusion direction that makes it difficult to support."
The House Rules Committee will meet Tuesday afternoon to decide which of the over 1,500 amendments that have been submitted will actually be made in order, with the GOP leaders hoping to pass the final bill by the end of this week.
But even the House Rules Committee has become a wild card for the National Defense Authorization Act. Republicans can only afford to lose two votes on the committee on a party-line vote, and McCarthy placed three far-right members on the panel in exchange for becoming speaker. At least one of the conservative lawmakers on the panel, Rep. Ralph Norman of South Carolina, told CNN he plans to oppose the rule, citing concerns that the bill does not go far enough to target "woke" Pentagon policies, and won't receive the amendment votes to change that.
GOP Rep. Chip Roy of Texas, one of the other far-right members on the panel said in a statement to CNN, "While this NDAA makes some improvements, there are still glaring issues at the DOD that it needs to address in order to receive my support" when asked how he plans to vote on the rule.
"The Department of Defense's transformation into a social engineering experiment wrapped in a uniform is the single greatest threat to this nation's ability to defend itself -- and Republicans are complicit," Roy added. "Year after year, Republicans pass an NDAA that propagates the cultural rot at DOD while massive defense contractors get rich."
Rep. Thomas Massie of Kentucky, the other conservative on the committee, has not returned a request for comment about how he plans to vote, though a Republican source said they're not as worried about Massie breaking ranks.
While drama isn't new in fights over the NDAA, which has been passed by Congress every year for the last six decades, this level of acrimony is something of a departure for what is a typically bipartisan affair. After receiving heat for the debt ceiling deal, McCarthy is under increasing pressure to cater to his right flank, ratcheting up concerns about the ability for lawmakers to reach a compromise that both chambers can agree on.
GOP Rep. Nancy Mace of South Carolina, who represents a swing district and has long been pushing her Republican colleagues to soften their stance on abortion, told CNN, "I don't anticipate the NDAA not passing but the GOP has an opportunity to show it can be compassionate and pro-woman, and I hope they don't drop the ball."
Aside from amendments that target culture war issues, Democratic Rep. Sara Jacobs of California and GOP Rep. Matt Gaetz of Florida, who both serve on the Armed Services Committee, are also planning to offer an amendment aimed at stopping President Joe Biden's cluster munition transfer to Ukraine. If it comes to the floor, the vote would reveal how much support Biden's move has in the House.
"Cluster munitions are unpredictable weapons that maim and kill indiscriminately, wreaking havoc on civilian populations and undermining economic rebuilding and recovery for decades," Jacobs told CNN. "This amendment sends a strong message to the world that we will stand by our values and our commitment to protect civilians."
Gaetz voiced a similar refrain on Twitter.
"These cluster bombs will not end the war in Ukraine and will not build a more stable country. Children will be left without limbs and without parents because of this decision if we do not work together in a bipartisan fashion to stop it," Gaetz tweeted Monday.
And while the version of the NDAA that passed out of the Armed Services Committee included more funding for the war in Ukraine, GOP Rep. Marjorie Taylor Greene of Georgia and others are pushing to roll that funding back.
The NDAA, which outlines the policy agenda for the Department of Defense and the US military and authorizes spending in line with the Pentagon's priorities, passed out of the House Armed Services committee with overwhelming bipartisan support, even though some controversial GOP amendments -- including on banning drag shows on military bases and reinstating troops who refused to comply with the Pentagon's vaccine mandate -- were adopted.
Some of the amendments that will take center stage on the floor this week include prohibiting gender transition surgeries and treatments from Gaetz, eliminating any offices of diversity, equity and inclusion within the armed forces and Department of Defense from a number of members including Norman, and prohibiting the Department of Defense from "purchasing and having pornographic and radical gender ideology books in their libraries" from GOP Rep. Lauren Boebert of Colorado.
While a handful of Republicans do not believe those amendments go far enough, others warned their colleagues not to jeopardize the future of this crucial legislation as the $858 billion defense package boasts measures that modernize the US military, increase its readiness to counter foreign adversaries like Russia and China, and increase support for servicemembers and their families.
"We need to get the NDAA passed. ... It's not something to ever put at risk and national security needs to be a priority for each and every one of us. If we don't have world peace, we have nothing," Rep. Jen Kiggans, a freshman Republican from a Virginia swing district, told CNN. "And we do that through providing the budget that the military needs. ... So, it's a responsibility."
GOP Rep. Don Bacon of Nebraska, who serves on the Armed Services committee and represents a district Biden won in 2020, told CNN, "I hope smart, common sense amendments are passed."
"The committee passed a bill near unanimously with only one dissenting vote, and it will take bipartisanship to get it also through the Senate," Bacon told CNN.
While the markup process of the NDAA touched on hot button issues, ultimately members on the committee came together to pass a package that most could support.
Reflecting on the markup process, one GOP staffer told CNN, "People were pushing for DoD funds to be used for supporting war fighters over wokeness."
Those clashes, however, have only seemed to foreshadow the floor flights to come.
"I think in committee, we tried to craft a bipartisan bill that would be able to get through the Senate and I'm hopeful that's what everyone will try and do on the floor as well," Jacobs told CNN. "But I think we're already seeing the extreme Republicans try and put some poison pills in there that will make it very hard for Democrats to vote for the bill."
Democratic Rep. Ro Khanna of California, who told CNN he was "proud" to be the only member to vote against NDAA in committee because he needed to see "greater investment" in the Pacific region, called out the amendments that "hurt diversity and inclusion, education, and do nothing to strengthen our national security."
"I plan to vote no when it comes to the floor and encourage my colleagues to do the same," Khanna added.
One Democratic aide claimed, "Republicans are trying to hijack NDAA to make it a culture war battle."
