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RELEASE: KHANNA SECURES CIVILIAN PROTECTION WINS IN NDAA

December 8, 2022

Washington, DCToday, Representative Ro Khanna (D-CA) secured important provisions to strengthen the United States' commitment to protecting civilians from harm in U.S. military operations in the National Defense Authorization Act (NDAA) for Fiscal Year 2023.

"I voted against the NDAA because I believe there are far better ways to use $857.9 billion dollars to protect Americans from the greatest national security threats of our time. I would have voted for the President's request, but this bill added more than $55 billion to the President and the Pentagon's request. I support the funding for Ukraine's defense, deterring aggression from Russia and China, and for DARPA and other investments in a defense and technological industrial base of the future. But too much spending goes to antiquated weapons systems of yesteryear that are over budget, lining the pockets of defense contractors at the American taxpayers' expense.

"At the same time, there were important victories in the bill that advance our national security interests. I'm proud that several of my amendments to reduce civilian harm were adopted in the final FY23 conference report, which will strengthen the United States' moral and strategic imperative to protect civilians from harm in U.S. military operations.

"These important provisions on reducing civilian harm are a result of years of efforts by Congress, human rights groups, the Pentagon, and the extraordinary leadership of Chairman Smith, who has made civilian protection a top priority in the FY23 NDAA."

An overview of Khanna's amendments is below:

  1. Extend a global ex gratia payment authority for 10 years: the longest authorization timeline to date for condolence payments.
  • This provision extends the Pentagon's ex-gratia authority for a decade, which allows the United States to make payments for civilians and their families inadvertently injured or killed in U.S. military operations, a coalition that includes the United States, or a military organization supporting the United States.
  • Rep. Khanna's original amendment in the HASC markup extended ex gratia authority permanently, and the provision was amended in the conference negotiations to extend the authority for a decade.
  1. Authorize $25 million toward resources and staffing of civilian harm and mitigation work
  • This provision would provide $25 million to fund the staffing and other expenses of operationalizing Secretary Austin's Civilian Harm Mitigation and Response Action Plan.
  • Rep. Khanna's original amendment authorizing $15 million for civilian harm mitigation resources passed 215-212 on the House floor. The text was also included in Rep. Khanna's bill with Senator Elizabeth Warren, The Protection of Civilians in Military Operations Act. Ultimately the funding authorization was increased to $25 million in the NDAA conference negotiations, and other revisions to the mandate for that funding was also included in the final conference report.
  1. Mandate that the Pentagon contract with a federally funded research and development center (FFRDC) to independently report on how the DoD distinguishes between civilians and combatants in military operations.
  • This provision requires the Pentagon's newly formed Center for Excellence in Civilian Harm Mitigation to contract with a federally funded research and development center to produce an independent report on what steps the Pentagon has taken to distinguish between combatants and civilians in U.S. military operations over the last 20 years.
  • Rep. Khanna's original amendment passed en bloc on the House floor. A slightly version of the text was also included in Rep. Khanna's bill with Senator Elizabeth Warren, The Protection of Civilians in Military Operations Act.

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Press Contact

Marie Baldassare (Khanna), 202-251-0762

About the Office

Congressman Khanna represents the 17th District of California, which covers communities in Silicon Valley. Visit his website at khanna.house.gov. Follow him on Facebook, Instagram and Twitter @RepRoKhanna.