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The New York Analysis of Policy and Government concludes its review of the new National Defense Authorization Act, using information from the Senate Armed Services Committee

CONFRONTING RUSSIA, CHINA, AND OTHER THREATS

The National Defense Strategy (NDS) recognizes that we are in an era of major power competition with Russia and China. As our competitors seek to undermine international order and gain influence, the FY20 NDAA includes measures designed to maintain America’s competitive military edge and support our allies and partners. These include a new reporting requirement for the Secretary of Defense – and additional independent reports – on the implementation of the NDS focused on joint operational concepts to deter and defeat strategic competitors. The Pentagon must also report on strategies to impose political, military, economic, budgetary, and technology costs on Russia and China.

Russia

The FY20 NDAA renews a series of authorities to deter Russian aggression.

The FY20 NDAA:

• Increases funding for the European Defense Initiative (EDI) needs by providing an additional $734.3 million for military construction, anti-submarine warfare, and other urgent priorities to deter Russia and work with U.S. partners and allies;

• Renews and extends the authorization of $300 million of funding for the Ukraine Security Assistance Initiative, to include lethal defensive items as well as new authorities for coastal defense cruise missiles and anti-ship missiles;

• Prohibits military-to-military cooperation with Russia;

• Prohibits U.S. government recognition of the absorption of Crimea into the Russian Federation;

• Requires an update and expansion of the strategy for countering malign influence activities of Russia, China, and other countries;

• Protects European energy security by imposing sanctions related to Russian energy pipelines Nord Stream 2 and TurkStream; Prohibits the transfer of the F-35 to Turkey and expresses a Sense of Congress that Turkey’s acquisition of the S-400 constitutes a significant transaction under the Countering Russian Influence in Europe and Eurasia Act (CAATSA) and the President should implement sanctions under that Act; and

• Authorizes the Department to use up to $30 million for storage of six Turkish F-35 aircraft that were previously being used to train Turkish pilots before Turkey’s suspension and removal from the program.

China

The FY20 NDAA recognizes that China already presents a severe test of U.S. interests in the Indo-Pacific and beyond and:

• Modifies the annual report on Chinese military and security developments to include developments relating to Chinese overseas investments; the use of China’s Coast Guard for gray zone activity; Chinese military relations with Russia; and China’s expansion of its surveillance state and the overall lack of human rights;

• Updates the strategy to counter the threat of malign influence by including China as a required element in the report;

• Expresses a Sense of Congress that Congress unequivocally supports the people of Hong Kong as they defend their rights and preserve their autonomy against China;

• Supports improving Taiwan’s defense capabilities and force readiness, expands joint training, foreign military sales, and senior level military-to- military engagements; directs the Secretary to conduct a review of Chinese military, economic, information, diplomatic, and digital influences in Taiwan;

• Requires a report on resourcing United States defense requirements for the Indo-Pacific region and directs the Office of Net Assessment to conduct studies on competitive strategies with respect to China;

• Adds Pacific Island countries to the Indo-Pacific Maritime Security Initiative but limits the use of funds until the Secretary of Defense, with the concurrence of the Secretary of State, submits a report regarding how they will use the security cooperation and assistance programs for those countries;

• Directs reports on Chinese military activities in the Arctic, as well as Chinese foreign direct investment in the Arctic; • Prohibits the purchase of Chinese drones; and

• Places certain restrictions on the purchase of rail cars and buses from certain Chinese state-owned enterprises, excluding pre-existing contracts.

North Korea

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The FY20 NDAA:

• Expresses a Sense of Congress that diplomacy, economic sanctions, and credible deterrence are essential to address North Korea’s weapons of mass destruction program and the conventional threat North Korea poses to U.S. forces on the Korean Peninsula and to U.S. allies in the region; condemns North Korea’s recent missile launches; and states that the United States, in concert with allies, should continue to deter North Korea through a credible defense and deterrence posture;

• Places mandatory sanctions on North Korean imports and exports of coal and other minerals and textiles, as well as refined petroleum products and crude oil up to certain levels; in addition, it penalizes banks that are already on sanctions lists with additional sanctions if they engage in illicit activity with North Korea; and

• Prohibits the Department of Defense from reducing the number of Armed Forces deployed to South Korea below 28,500 unless the Secretary of Defense certifies that it is in the national security interest of the United States, the reduction will not significantly 13 undermine the security of U.S. allies, and that allies (including South Korea and Japan) have been appropriately consulted.

Allies and Partners

The NDS emphasizes how critical allies and partners are to our own national security. The FY20 NDAA supports America’s allies and partners by requiring new reports related to ally and partner nation contributions, specifically from NATO member and East Asian allies, including South Korea and Japan. The NDAA provides $2.3 billion to the Defense Security Cooperation Agency and improves security cooperation programs to build capabilities of allies and partners to contribute to U.S. national security objectives while also dedicating funds to assistance, monitoring, and evaluation of programs, and increasing oversight to prevent human rights violations.

The FY20 NDAA also: The NDS emphasizes how critical allies and partners are to our own national security. The FY20 NDAA supports America’s allies and partners by requiring new reports related to ally and partner nation contributions, specifically from NATO member and East Asian allies, including South Korea and Japan. The NDAA provides $2.3 billion to the Defense Security Cooperation Agency and improves security cooperation programs to build capabilities of allies and partners to contribute to U.S. national security objectives while also dedicating funds to assistance, monitoring, and evaluation of programs, and increasing oversight to prevent human rights violations.

PROTECTING AMERICA AGAINST TRANSNATIONAL THREATS

The United States military faces a number of complex threats, including those posed by transnational terrorist groups like ISIS and al Qaeda, and illegal narcotics. An effective national defense strategy must take these challenges into account and leverage the assets of our partners and allies to address them in a comprehensive manner.

Afghanistan

The FY20 NDAA provides $4.5 billion to continue building the Afghan security forces and modifies reporting requirements to enhance oversight of the Department’s South Asia Strategy. The agreement requires the Secretary of State, in coordination with the Secretary of Defense, to work to ensure the meaningful participation of Afghan women in the ongoing peace process in Afghanistan and authorizes 4,000 Special Immigrant Visas for Afghan wartime partners.

Middle East

The conference agreement continues support for the Iraqi Security Forces, vetted Syrian groups, and other counterterrorism partners while seeking to gradually normalize security assistance to the Government of Iraq. It includes the text of the CAESAR Syria Civilian Protection Act, which applies sanctions to those who lend support to the Assad regime’s military efforts in the Syrian civil war, and grants authorities to the Secretary of State to support entities collecting evidence and pursuing prosecutions against those who have committed war crimes in Syria. In addition, the conference report authorizes families of victims of the 1983 Beirut Marine barracks bombing access to $1.68 billion in Iranian funds. Finally, the conference report prohibits aerial refueling of Saudi-led coalition aircraft participating in the civil war in Yemen, codifying current DOD policy in statue, and requires additional reporting on harm to Yemeni civilians resulting from military action by the Houthis and Saudi-led coalition.

GTMO

The FY20 NDAA prohibits transferring GTMO detainees to the U.S., transferring GTMO detainees to certain other countries, constructing or modifying new detention centers in the United States, or on closing or relinquishing control of GTMO. The NDAA also establishes a Chief Medical Officer to oversee the medical care provided to individuals detained at Guantanamo Bay, reporting directly to the Assistant Secretary of Defense for Health Affairs.

Counternarcotics

The FY20 NDAA provides $945 million for drug interdiction and counter-drug activities. It also requires an assessment of the impact of any planned or proposed border wall construction would have on the volume of illegal narcotics entering the United States. Finally, it adopts the Fentanyl Sanctions Act, which implements a number of economic and financial sanctions to cripple the operations of foreign traffickers of opioids.

Photo: Russian Mobile Missile launchers (Russian Ministry of Defense)

The New York Analysis of Policy and Budget presents an outline of the new National Defense Authorization Act, using information from the Senate Armed Services Committee. Rep. Mac Thornberry (R-TX), ranking member of the House Armed Services Committee, has stated: “This action comes nearly three months into the fiscal year, but it is not substantially different from the version passed by the House months ago. National security funding was once again held hostage for other partisan priorities, a recurring habit in Washington, and one that has cost our military billions in lost buying power and readiness over the last decade. While I am pleased that we have averted a full year CR for the military, we cannot ignore the harm we have inflicted on our armed forces to get here.”

According to Senate’s Armed Services Committee, “This year’s NDAA charts a consensus national defense policy that continues the restoration of military readiness, implements a National Defense Strategy to confront Russia, China, and other threats around the world, reforms and modernizes Pentagon business systems and bureaucracy, and – most importantly – cares for our troops and their families…The NDAA Conference Report …supports a base budget of $658.4 billion, an additional $71.5 billion for Overseas Contingency Operations, and $5.3 billion for emergency disaster recovery to restore installations damaged by extreme weather or earthquakes.”

CARING FOR TROOPS THE CIVILIAN WORKFORCE, AND THEIR FAMILIES

 “You recruit a service member but retain a family” is a military maxim reflected in the FY20 NDAA. The Conference report pays particular attention to family support, including providing for a 3.1 percent pay raise (the largest increase in a decade), extending special pay and bonuses for service members, programs to offset the costs of acquiring professional licenses for military spouses, including additional measures to combat sexual assault and harassment in 2 the military while supporting survivors, and historic reforms to the military privatized housing system. The NDAA also includes a three-year phased repeal of the requirement that Survivor Benefit Plan payments be reduced by Dependency and Indemnity Compensation payments.

Military Health Care

The FY17 NDAA included a comprehensive reform of the military health care system to improve medical readiness and patient experience. The FY20 NDAA prohibits the reduction of certain military medical personnel billets until the completion of reviews required under the FY17 NDAA to ensure any reductions or realignments will not negatively impact military health care.

The Conference Report enhances combat casualty care for troops through partnerships with medical expertise outside the Department of Defense. The NDAA extends Tricare Reserve Select to certain Reservists who are currently covered under a federal health benefits plan.

The NDAA requires the Department of Defense to develop a comprehensive policy on providing mental health care to service members as well as a strategy on how to recruit and retain mental health providers.

The Conference Report also authorizes the National Guard to establish a pilot program that would allow National Guard members to receive immediate access to mental health professionals through a smartphone application.

Although the NDAA does not change or repeal the Feres doctrine, it authorizes the Secretary of Defense to allow, settle, and pay an administrative claim against the United States for personal injury or death of a member of the uniformed services that was the result of medical malpractice caused by a Department of Defense health care provider.

CONTINUING TO REBUILD READINESS AND MODERNIZE THE MILITARY

According to the Congressional Research Service, America’s military has started 13 of the past 18 years under a continuing resolution. Since 2010, our troops have had to contend with wasteful and inefficient stopgap funding for 39 months. This, together with successive years of high op-tempo and inadequate budgets, contributed to a fatal readiness crisis in the force. This year, the Military Times found that while total aviation accidents fell for the first time since 2013’s budget cuts, military aviation deaths hit a six-year high in 2018. Senior commanders and DOD leaders repeatedly testified to the Committee that while we have arrested the readiness crisis, we have not yet reached the readiness levels required.

The readiness of our military is built on training, sustainment of weapon systems, and adequate facilities that support troops and their families. The conference agreement includes provisions that will increase the Department of Defense’s capacity to build military readiness and modernize military capabilities. To continue to address military aviation safety, the FY20 NDAA provides a nine-month extension and authorizes an additional $3 million for the National Commission on Military Aviation Safety to complete its assessments and issue recommendations related to military aviation safety. In addition, conferees in both parties intend to continue monitoring border support missions and assessing the impact on military readiness, but deferred final decisions on border security support to the FY20 Appropriations process.

Replenishing the Force

The NDAA supports our military services by providing the necessary authorities and resources to equip, modernize, and manage risk across weapons systems and programs, as well as develop the required force structure to meet future challenges.

The Conference Report:

• Supports the budget request for 73 UH-60M Blackhawks, 48 AH-64 Apaches, 9 MH-47G Chinooks, 6 CH-53K King Stallions, 12 HH-60W Combat Rescue Helicopters, and 6 MQ-1 Gray Eagles;

• Includes an additional $28 million for the CH-47 Block II program and preserves the option for the Army to buy this helicopter in future years;

• Prohibits the retirement of RC-135 and KC-10 aircraft;

• Expands maritime patrol by adding three additional P-8 Poseidon and one E-2D Hawkeye aircraft;

• Increases intertheater airlift by adding four additional C-130 Hercules aircraft;

• Fully supports the Air Force UH-1N utility helicopter replacement program;

• Supports the Army budget request for 131 Armored Multipurpose Vehicles, 152 Stryker Combat Vehicles, and 165 Abrams Tanks; and • Provides for additional funding for Army medium and heavy tactical trucks.

Building A Larger Navy

The NDAA reaffirms that the United States must maintain a minimum of 11 aircraft carriers to protect our interests around the world and authorizes the first year of appropriations for the midlife refueling of USS Harry S. Truman (CVN 75).

The NDAA takes other action to build a larger Navy, including:

• Preserving a Navy plan to procure 10 Virginia-class attack submarines, nine of which include the Virginia Payload Module across a FY19-23 multiyear contract, and authorizing an additional $1.5 billion to eliminate a submarine construction deficit in FY20, an additional $200 million for FY21 submarine advance procurement, and an additional $100 million for advanced submarine design;

• Supports full funding for the Columbia-class ballistic missile submarine development;

• Authorizes construction of three Arleigh Burke-class destroyers and one new frigate;

• Authorizes construction of two additional amphibious ships including an America-class amphibious assault ship and a San Antonio-class amphibious transport dock; and

• Authorizes construction of one large unmanned surface vessel and two medium unmanned surface vessels

The NDAA reforms how aircraft carriers are constructed and paid for. It requires the Navy to insert the Joint Strike Fighter ship alterations on the USS John F. Kennedy (CVN 79) before her first deployment. The NDAA also inserts congressional cost controls over CVN 80 and 81 to ensure cost visibility associated with the anticipated $4 billion two-carrier cost savings.

REFORMING THE PENTAGON TO IMPROVE EFFICIENCY, AGILITY, AND ACCOUNTABILITY

Making the Pentagon more efficient, while helping our troops become more agile, is critical to maintaining America’s competitive edge. That’s why, since the FY15 NDAA, Congress has instituted numerous reforms, including an updated military retirement system, an improved health care system, a sustainable commissary benefit, and a major reorganization of Pentagon bureaucracy and business systems and practices. This year, the conferees focused on enforcing reforms already enacted by Congress while creating new pathways for innovators to bring their ideas to DOD.

Accelerating Defense Innovation

The FY20 NDAA aspects of the Accelerating Defense Innovation Act to assist DOD’s efforts to access new sources of innovation. It establishes inclusive pathways for the most promising small businesses to commercialize their innovations for the DOD market. The NDAA increases DOD’s engagement with innovation hubs across the country by establishing a Joint Reserve Detachment at Defense Innovation Unit locations and authorizing $75 million to the Defense Innovation Unit for the creation of a National Security Innovation Capital Fund.

Space Force

The FY20 NDAA recognizes space as a warfighting domain and establishes the U.S. Space Force in Title 10 as the sixth Armed Service of the United States, under the U.S. Air Force. In doing so, the NDAA provides the Secretary of the Air Force with the authority to transfer Air Force personnel to the newly established Space Force. To minimize cost and bureaucracy, the Space Force will require no additional billets and remains with the President’s budget request. The conference agreement creates a Chief of Space Operations (CSO) for the U.S. Space Force who will report directly to the Secretary of the Air Force and become a member of the Joint Chiefs of Staff. During the first year, the CSO may also serve as the Commander of U.S. Space Command. The CSO will provide updates to the committees of jurisdiction every 60 days, with briefings and reports on implementation and establishment status.

Nuclear Forces:

Nuclear forces have been the cornerstone of our national defense and the conference agreement funds the President’s budget request for Nuclear National Security Administration programs, including nuclear weapons and nuclear non-proliferation activities.

• In addition, the FY20 NDAA supports the U.S. Strategic Command requirement to produce 80 plutonium pits per year by 2030 and doesn’t prohibit the Department from deploying low-yield nuclear weapons. It also clarifies nuclear safety authorities.

Strategic Stability

• With respect to key arms control treaties, the conference agreement requires congressional notification and a 120-day waiting period before the provision of notice of any intent to withdraw from the New START and Open Skies treaties (including requiring consultation with allies prior to withdrawal from the Open Skies Treaty);

• The conference agreement prohibits the procurement and deployment of new ground launched INF-range missiles in fiscal year 2020 and requires information on the analysis 15 of alternatives to such new missiles, basing options and foreign countries consulted including NATO; and

• The conference report requires an independent study on the policy of no-first-use of nuclear weapons, and a report on military-to-military dialogue with foreign countries to reduce the risk of miscalculation, unintended consequences, or accidents that could precipitate a nuclear war.

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Missile Defense

The FY20 NDAA continues bipartisan efforts for a robustly tested layered missile defense system for the U.S. and increases regional capability and capacity to protect the nation’s deployed forces, and our global partners and allies.

The conference agreement:

• Requires an independent assessment on the impacts of U.S. missile defense development on the security of the United States as a whole vis-à-vis adversary responses to deployment.

• Requires increased operationally realistic testing, specifically with regards to countermeasures, of missile defense systems and increased analysis and reporting on the results of those tests.

• Mandates an independent report on the organization and structure of missile defense programs to increase accountability and oversight.

• Increases oversight on the Ground-Based midcourse Defense System to address the cancellation of the Redesigned Kill Vehicle effort, which will improve transparency and avoid similar errors in future programs.

• Supports Israeli missile defense by authorizing the President’s full budget request of $500 million for development and procurement of the Iron Dome, David’s Sling, and Arrow weapon systems, and requires acquisition milestones be met prior to release of funds.

Emerging Technology

The FY20 NDAA directs policies to ensure that the national security innovation base is poised to meet long-range emerging threats and the rise of global competitors. The Conference report:

• Directs the Department of Defense to develop a cyber science and technologies activities roadmap;

• Supports efforts across DOD and the Services to deliver a hypersonic capability in the mid-2020s;

• Extends the activities of the Joint Hypersonics Transition Office and authorizes the establishment of a new university consortium focused on hypersonic research and development;

• Extends unique hiring authorities to the Joint Artificial Intelligence Center to attract experts in science and engineering and advance the DoD’s artificial intelligence efforts;

• Establishes an interagency working group within the Office of Science and Technology Policy at the White House to coordinate activities to better protect federally funded research and development from foreign interference; • Creates new reporting requirements for national security academic research;

• Authorizes the creation of a new technology and national security fellowship for undergraduate and graduate students in the areas of science, technology, engineering, and math;

• Authorizes $8 million for the establishment of a Quantum Information Science Innovation Center;

• Commissions a Defense Science Board study on emerging biotechnologies pertinent to national security; • Transfers control of the Strategic Capabilities Office to the Deputy Secretary of Defense and establishes a cross-functional team to improve the efficiency and effectiveness of the Office;

• Establishes an independent National Academies of Sciences, Engineering, and Medicine study to review the state of defense research at Historically Black Colleges and Universities and other minority institutions; and

• Extends the completion date of the National Security Commission on Artificial Intelligence

NDS-Related Modernization Programs

• Authorizes an additional $1 billion for 12 additional F-35A aircraft to address an identified Air Force unfunded requirement and accelerate delivery of needed 5th generation capability and $440 million for the purchase of additional F-35s originally ordered by Turkey;

• Provides the necessary authority for buying F-35 long lead spare parts in bulk to help achieve better cost savings for the F-35 program and authorizes buy-to-budget authority to capitalize on lower unit cost savings;

• Supports the budget request for 10 F-35B and 20 F-35C 5th generation strike fighters to help address Navy and Marine Corps strike fighter shortfalls;

• Supports the budget request for 24 F/A-18E/F Super Hornets to help address Navy strike fighter shortfalls; • Supports full funding for the B-21 long-range strike aircraft development;

• Supports the budget request for 8 F-15EX aircraft to begin replacing aging aircraft while also enhancing congressional oversight of the program;

• Authorizes an additional $75.6 million to address an identified Army unfunded requirement for Future Long-Range Assault Aircraft program; a critical future vertical lift modernization priority;

• Supports nearly $1 billion for the Air Force Next Generation Air Dominance (NGAD) Program ensuring U.S. air superiority for our future; 17 • Authorizes an additional $249.2 million for the Stryker combat vehicle medium caliber weapon system, an identified Army unfunded requirement; and

• Bolsters maritime sealift and mobilization by reauthorizing the Maritime Administration, including authorizing a new cable security fleet program and requiring the Secretary of the Navy to seek to enter into a contract for two used sealift vessels and one new vessel for mobilization purposes.

Cyber

The NDAA strengthens congressional oversight of cyber operations, and enhances the Department of Defense’s cybersecurity strategy and cyber warfare capabilities.

The Conference Report:

• Directs the Secretary of Defense to develop a consistent, comprehensive framework to enhance the cybersecurity of the U.S. defense industrial base;

• Requires development of metrics for the assessment of the readiness of the Cyber Mission Forces;

• Establishes a consortium of universities to advise the Secretary of Defense on cybersecurity matters;

• Establishes Principal Cyber Advisors on military cyber force matters for each military service;

• Allows the secretaries of the military departments to use up to $3 million in Operation and Maintenance funds to develop cyber operations-peculiar capabilities for the rapid creation, testing, fielding, and operation of cyber capabilities;

• Requires the Secretary of Defense to notify the congressional defense committees and describe various operational details of any delegation of authorities from the National Command Authority for military cyberspace operations;

• Directs an annual report on military cyberspace operations;

• Directs a zero-based review of Department of Defense cyber and information technology personnel;

 • Mandates a study on improving cyber career paths in the Navy;

• Refines the role of the Chief Information Officer in improving enterprise-wide cybersecurity;

• Commissions a Defense Science Board study on future cyber warfighting capabilities of Department of Defense;

• Directs the Secretary of Defense to conduct a review of the cyber posture of the United States on a quadrennial basis; and

• Extends the completion date of the Cyberspace Solarium Commission.

Intelligence Authorization

The conference report includes three years of Intelligence Authorization Act (IAA), which authorizes critical intelligence and intelligence-related activities for Fiscal Year 2018, 2019, and 2020 to ensure the Intelligence Community is postured to effectively address the growing array of threats to our national security. Further, the IAA seeks to deter Russian and other foreign influence in our U.S. elections by requiring assessments of foreign intelligence threats to Federal elections and a strategy for countering Russian cyber threats to U.S. elections. The IAA also addresses challenges to the Intelligence Community’s supply chain by requiring an Intelligence Community-led task force to protect against counterintelligence threats from countries such as Russia and China and requires accountability for foreign threats to our infrastructure before entering into foreign intelligence sharing agreements. The bill also focuses on the security of the homeland by requiring relevant intelligence agencies to conduct a strategic intelligence assessment of domestic terrorism threats.

The Report Concludes Tomorrow.

Photo: The Defense Department has finalized an agreement to purchase 478 additional F-35 Lightning II airplanes in a deal totaling $34 billion (DoD photo)