National Defense Authorization Act for Fiscal Year 2027

— 129 — Department of Defense 20. Staff Study, IC21: Intelligence Community in the 21st Century, Permanent Select Committee on Intelligence, U.S. House of Representatives, 104th Congress, 1996, p. 71, https://apps.dtic.mil/sti/pdfs/ADA315088.pdf (accessed February 15, 2023). 21. Ronald O’Rourke, “Great Power Competition: Implications for Defense—Issues for Congress,” Congressional Research Service Report for Members and Committees of Congress No. R43838, updated November 8, 2022, https://crsreports.congress.gov/product/pdf/R/R43838/93 (accessed February 15, 2023). 22. U.S. Government Accountability Office, Defense Intelligence and Security: DOD Needs to Establish Oversight Expectations and to Develop Tools That Enhance Accountability, GAO-21-295, May 2021, https://www.gao.gov/ assets/gao-21-295.pdf (accessed February 15, 2023). 23. The U.S. military has a long history of providing support to civil authorities, particularly in response to disasters but for other purposes as well. The Defense Department currently defines defense support of civil authorities (DSCA) as “Support provided by U.S. Federal military forces, DoD civilians, DoD contract personnel, DoD Component assets, and National Guard forces (when the Secretary of Defense, in coordination with the Governors of the affected States, elects and requests to use those forces in Title 32, U.S.C., status) in response to requests for assistance from civil authorities for domestic emergencies, law enforcement support, and other domestic activities, or from qualifying entities for special events. Also known as civil support.” U.S. Department of Defense, Directive No. 3025.18, “Defense Support of Civil Authorities (DSCA),” December 29, 2010, p. 16, https://www.dco.uscg.mil/Portals/9/CG-5R/nsarc/DoDD%203025.18%20Defense%20Support%20 of%20Civil%20Authorities.pdf (accessed February 15, 2023). 24. U.S. Army, “Who We Are: The Army’s Vision and Strategy,” https://www.army.mil/about/ (accessed February 17, 2023). 25. “[T]he Army’s internal assessment must be balanced against its own statements that unit training is focused on company-level operations [reflective of counterintelligence requirements] rather than battalion or brigade operations [much less division or corps to meet large-scale ground combat operations against a peer competitor such as Russia or China]. Consequently, how these ‘ready’ brigade combat teams would perform in combat operations is an open question.” “Executive Summary” in 2023 Index of U.S. Military Strength, ed. Dakota L. Wood (Washington: The Heritage Foundation, 2023), p. 16, http://thf_media.s3.amazonaws. com/2022/Military_Index/2023_IndexOfUSMilitaryStrength.pdf (accessed February 15, 2023). 26. For background on the USN’s fleet size, see Brent D. Sadler, “Rebuilding America’s Military: The United States Navy,” Heritage Foundation Special Report No. 242, February 18, 2021, https://www.heritage.org/sites/default/ files/2021-02/SR242.pdf, and Ronald O’Rourke, “Navy Force Structure and Shipbuilding Plans: Background and Issues for Congress,” Congressional Research Service Report for Members and Committees of Congress No. RL32665, December 21, 2022, https://crsreports.congress.gov/product/pdf/RL/RL32665 (accessed February 15, 2023). 27. The Joint Capabilities Integration and Development System (JCIDS) is the process by which the services develop and the Joint Staff approves the requirements for major defense acquisitions. See Defense Acquisition University, “Joint Capabilities Integration and Development System (JCIDA),” https://www.dau. edu/acquipedia/pages/articledetails.aspx#!371 (accessed February 15, 2023). 28. The board would seek to balance a mix of active military and civilians with expertise in and responsibility for major acquisitions and former military and civilians with experience in strategy and acquisitions. The proposed composition would include the Vice Chief of Naval Operations as Chairman, with three-star level membership from the Joint Staff, the Navy and Defense Acquisition Executives, and the Naval Sea Systems Command. In addition, there would be four-star retired naval officers/Navy civil servants as members, one each named by the Chairmen of the House and Senate Armed Services Committees, the Secretary of the Navy, and the Secretary of Defense. Finally, there would be a member appointed by the Secretary of the Navy who had previous senior experience in the defense industry. 29. See James Mattis, Secretary of Defense, Summary of the 2018 National Defense Strategy of the United States of America: Sharpening the American Military’s Competitive Edge, U.S. Department of Defense, https:// dod.defense.gov/Portals/1/Documents/pubs/2018-National-Defense-Strategy-Summary.pdf (accessed February 17, 2023), and U.S. Department of Defense, 2022 National Defense Strategy of the United States of America Including the 2022 Nuclear Posture Review and the 2022 Missile Defense Review, https://oldcc.gov/ resource/2022-national-defense-strategy (accessed February 17, 2023). — 130 — Mandate for Leadership: The Conservative Promise 30. U.S. Air Force, “The Air Force We Need: 386 Operational Squadrons,” September 17, 2018, https://www. af.mil/News/Article-Display/Article/1635070/the-air-force-we-need-386-operational-squadrons/ (accessed February 17, 2023). 31. General David H. Berger, Commandant of the Marine Corps, “Force Design 2030,” U.S. Department of the Navy, U.S. Marine Corps, March 2020, https://www.hqmc.marines.mil/Portals/142/Docs/CMC38%20Force%20 Design%202030%20Report%20Phase%20I%20and%20II.pdf?ver=2020-03-26-121328-460 (accessed February 17, 2023). 32. Department of the Navy, United States Marine Corps, “Force Design 2030,” March 2020, https://www.hqmc. marines.mil/Portals/142/Docs/CMC38%20Force%20Design%202030%20Report%20Phase%20I%20and%20II. pdf?ver=2020-03-26-121328-460 (accessed February 15, 2023). 33. Philip Athey, “Here Are Some of the Ways the Marines Are Trying to Improve Retention,” Marine Corps Times, November 15, 2021, https://www.marinecorpstimes.com/news/your-marine-corps/2021/11/15/treat-people- like-human-beings-here-are-some-of-the-ways-the-marines-are-trying-to-improve-retention/ (accessed February 15, 2023). 34. Megan Eckstein, “Marines, Navy Near Agreement on Light Amphibious Warship Features,” Defense News, October 5, 2022, https://www.defensenews.com/naval/2022/10/05/marines-navy-near-agreement-on-light- amphibious-warship-features/ (accessed February 16, 2023). 35. Megan Eckstein, “Marines Explain Vision for Fewer Traditional Amphibious Warships,” Defense News, June 21, 2021, https://www.defensenews.com/naval/2021/06/21/marines-explain-vision-for-fewer-traditional- amphibious-warships-supplemented-by-new-light-amphib/ (accessed February 16, 2023). 36. See Sidney J. Freedberg Jr., “Trump Eases Cyber Ops, but Safeguards Remain: Joint Staff,” Breaking Defense, September 17, 2018, https://breakingdefense.com/2018/09/trump-eases-cyber-ops-but-safeguards-remain- joint-staff/ (accessed March 7, 2023); Dustin Volz, “White House Confirms It Has Relaxed Rules on U.S. Use of Cyberweapons,” The Wall Street Journal, September 20, 2018, https://www.wsj.com/articles/white-house- confirms-it-has-relaxed-rules-on-u-s-use-of-cyber-weapons-1537476729 (accessed March 7, 2023); and Federation of American Scientists, Intelligence Resource Program, “National Security Presidential Memoranda [NSPMs]: Donald J. Trump Administration,” updated March 7, 2022, https://irp.fas.org/offdocs/nspm/index. html (accessed March 7, 2023). 37. U.S. Government Accountability Office, DOD Cybersecurity: Enhanced Attention Needed to Ensure Cyber Incidents Are Appropriately Reported and Shared, GAO-23-105084, November 2022, p. 36, https://www.gao. gov/assets/gao-23-105084.pdf (accessed February 17, 2023). 38. See Paul Evancoe, “Special Operations and the Interagency Team,” U.S.Military.com, https://usmilitary. com/special-operations-and-the-interagency-team/#:~:text=Seldom%20considered%20are%20those%20 other%20government%20agency%20%28OGA%29,response%20and%20consequence%20management%20 to%20name%20a%20few (accessed February 17, 2023). 39. U.S. Department of Defense, Nuclear Posture Review, February 2018, pp. 54–55, https://media.defense. gov/2018/Feb/02/2001872886/-1/-1/1/2018-NUCLEAR-POSTURE-REVIEW-FINAL-REPORT.PDF (accessed February 17, 2023). 40. U.S. Department of Defense, 2022 National Defense Strategy of the United States of America Including the 2022 Nuclear Posture Review and the 2022 Missile Defense Review, pp. 3 and 20. 41. Patty-Jane Geller, “Missile Defense,” in 2023 Index of U.S. Military Strength, ed. Dakota L. Wood (Washington: The Heritage Foundation, 2023), pp. 507–508, http://thf_media.s3.amazonaws.com/2022/Military_ Index/2023_IndexOfUSMilitaryStrength.pdf. 42. Matthew R. Costlow, “The Folly of Limiting U.S. Missile Defenses for Nuclear Arms Control,” National Institute for Public Policy Information Series, Issue No. 505, October 18, 2021, https://nipp.org/wp-content/ uploads/2021/10/IS-505.pdf (accessed February 16, 2023). 43. Forum for American Leadership, “Don’t Hand North Korea a Win in the Missile Defense Review,” January 4, 2022, https://forumforamericanleadership.org/dprk-missile-threat (accessed February 16, 2023). 44. Patty-Jane Geller, “It’s Time to Get Homeland Missile Defense Right,” Defense News, January 4, 2021, https:// www.defensenews.com/opinion/commentary/2021/01/04/its-time-to-get-homeland-missile-defense- right/#:~:text=Restoring%20our%20eroding%20edge%20when,advanced%20technology%20and%20 new%20capabilities.%E2%80%9D (accessed February 16, 2023).

— 128 — Mandate for Leadership: The Conservative Promise ENDNOTES 1. U.S. Constitution, Preamble, https://constitution.congress.gov/constitution/preamble/ (accessed February 16, 2023). 2. U.S. Constitution, Article I, § 8, https://constitution.congress.gov/constitution/article-1/ (accessed February 16, 2023). 3. U.S. Constitution, Article II, § 2, https://constitution.congress.gov/constitution/article-2/ (accessed February 16, 2023). 4. Established pursuant to S. 1605, National Defense Authorization Act for Fiscal Year 2022, Public Law No. 117-81, 117th Congress, December 27, 2021, Division A, Title X, § 1004, https://www.congress.gov/117/plaws/publ81/ PLAW-117publ81.pdf (accessed February 16, 2023). 5. H.R. 3684, Infrastructure Investment and Jobs Act, Public Law No. 117-58, 117th Congress, November 15, 2021, Division G, Title IX, §§ 70901–70953, https://www.congress.gov/117/plaws/publ58/PLAW-117publ58.pdf (accessed February 16, 2023). 6. S. 2943, National Defense Authorization Act for Fiscal Year 2017, Public Law 114-328, 114th Congress, December 23, 2016, Division A, Title IX, § 901, https://www.congress.gov/114/statute/STATUTE-130/STATUTE-130-Pg2000. pdf (accessed February 16, 2023). 7. H.R. 3622, Goldwater–Nichols Department of Defense Reorganization Act of 1986, Public Law No. 99-433, 99th Congress, October 1, 1986, https://www.congress.gov/99/statute/STATUTE-100/STATUTE-100-Pg992.pdf (accessed February 16, 2023). 8. U.S. Department of Defense, Defense Security Cooperation Agency, Historical Sales Book, Fiscal Years 1950–2021, p. 7, https://www.dsca.mil/sites/default/files/dsca_historical_sales_book_FY21.pdf (accessed February 15, 2023). 9. Paul K. Kerr, “Arms Sales: Congressional Review Process,” Congressional Research Service Report for Members and Committees of Congress No. RL31675, updated June 10, 2022, p. 1, https://sgp.fas.org/crs/weapons/ RL31675.pdf (accessed February 15, 2023). 10. Keith Webster, “How to Reform America’s Military Sales Process,” The Hill Congress Blog, October 6, 2022, https://thehill.com/opinion/congress-blog/3675933-how-to-reform-americas-military-sales-process/ (accessed February 15, 2023). 11. See Thomas W. Spoehr, “The Administration and Congress Must Act Now to Counter the Worsening Military Recruiting Crisis, Heritage Foundation Issue Brief No. 5283, July 28, 2022, https://www.heritage.org/sites/ default/files/2022-07/IB5283.pdf. 12. Ibid. 13. Ronald Reagan Institute, “Reagan National Defense Survey,” conducted November 2021, p. 4, https://www. reaganfoundation.org/media/358085/rndf_survey_booklet.pdf (accessed February 16, 2023). 14. See Paul J. Larkin, “Protecting the Nation by Employing Military Spouses,” Heritage Foundation Commentary, June 6, 2019, https://www.heritage.org/jobs-and-labor/commentary/protecting-the-nation-employing- military-spouses. 15. See Jude Schwalbach, “Military Families Deserve Flexible Education Options,” Heritage Foundation Commentary, April 14, 2021, https://www.heritage.org/education/commentary/military-families-deserve- flexible-education-options. 16. See Chapter 7, “The Intelligence Community,” infra. 17. The Defense Intelligence Agency (DIA); the National Security Agency (NSA); the National Geospatial- Intelligence Agency (NGA); the National Reconnaissance Office (NRO); and the intelligence and counterintelligence elements of the military services: U.S. Air Force Intelligence, U.S. Navy Intelligence, U.S. Army Intelligence, and U.S. Marine Corps Intelligence, which also receive guidance and oversight from the Under Secretary of Defense for Intelligence (USDI). 18. The Office of the Director of National Intelligence (ODNI) and the Central Intelligence Agency (CIA). 19. The Department of Energy’s Office of Intelligence and Counterintelligence; the Department of Homeland Security’s Office of Intelligence and Analysis and the intelligence and counterintelligence elements of the U.S. Coast Guard; the Department of Justice’s Federal Bureau of Investigation and the Drug Enforcement Administration’s Office of National Security Intelligence; the Department of State’s Bureau of Intelligence and Research; and the Department of the Treasury’s Office of Intelligence and Analysis. — 129 — Department of Defense 20. Staff Study, IC21: Intelligence Community in the 21st Century, Permanent Select Committee on Intelligence, U.S. House of Representatives, 104th Congress, 1996, p. 71, https://apps.dtic.mil/sti/pdfs/ADA315088.pdf (accessed February 15, 2023). 21. Ronald O’Rourke, “Great Power Competition: Implications for Defense—Issues for Congress,” Congressional Research Service Report for Members and Committees of Congress No. R43838, updated November 8, 2022, https://crsreports.congress.gov/product/pdf/R/R43838/93 (accessed February 15, 2023). 22. U.S. Government Accountability Office, Defense Intelligence and Security: DOD Needs to Establish Oversight Expectations and to Develop Tools That Enhance Accountability, GAO-21-295, May 2021, https://www.gao.gov/ assets/gao-21-295.pdf (accessed February 15, 2023). 23. The U.S. military has a long history of providing support to civil authorities, particularly in response to disasters but for other purposes as well. The Defense Department currently defines defense support of civil authorities (DSCA) as “Support provided by U.S. Federal military forces, DoD civilians, DoD contract personnel, DoD Component assets, and National Guard forces (when the Secretary of Defense, in coordination with the Governors of the affected States, elects and requests to use those forces in Title 32, U.S.C., status) in response to requests for assistance from civil authorities for domestic emergencies, law enforcement support, and other domestic activities, or from qualifying entities for special events. Also known as civil support.” U.S. Department of Defense, Directive No. 3025.18, “Defense Support of Civil Authorities (DSCA),” December 29, 2010, p. 16, https://www.dco.uscg.mil/Portals/9/CG-5R/nsarc/DoDD%203025.18%20Defense%20Support%20 of%20Civil%20Authorities.pdf (accessed February 15, 2023). 24. U.S. Army, “Who We Are: The Army’s Vision and Strategy,” https://www.army.mil/about/ (accessed February 17, 2023). 25. “[T]he Army’s internal assessment must be balanced against its own statements that unit training is focused on company-level operations [reflective of counterintelligence requirements] rather than battalion or brigade operations [much less division or corps to meet large-scale ground combat operations against a peer competitor such as Russia or China]. Consequently, how these ‘ready’ brigade combat teams would perform in combat operations is an open question.” “Executive Summary” in 2023 Index of U.S. Military Strength, ed. Dakota L. Wood (Washington: The Heritage Foundation, 2023), p. 16, http://thf_media.s3.amazonaws. com/2022/Military_Index/2023_IndexOfUSMilitaryStrength.pdf (accessed February 15, 2023). 26. For background on the USN’s fleet size, see Brent D. Sadler, “Rebuilding America’s Military: The United States Navy,” Heritage Foundation Special Report No. 242, February 18, 2021, https://www.heritage.org/sites/default/ files/2021-02/SR242.pdf, and Ronald O’Rourke, “Navy Force Structure and Shipbuilding Plans: Background and Issues for Congress,” Congressional Research Service Report for Members and Committees of Congress No. RL32665, December 21, 2022, https://crsreports.congress.gov/product/pdf/RL/RL32665 (accessed February 15, 2023). 27. The Joint Capabilities Integration and Development System (JCIDS) is the process by which the services develop and the Joint Staff approves the requirements for major defense acquisitions. See Defense Acquisition University, “Joint Capabilities Integration and Development System (JCIDA),” https://www.dau. edu/acquipedia/pages/articledetails.aspx#!371 (accessed February 15, 2023). 28. The board would seek to balance a mix of active military and civilians with expertise in and responsibility for major acquisitions and former military and civilians with experience in strategy and acquisitions. The proposed composition would include the Vice Chief of Naval Operations as Chairman, with three-star level membership from the Joint Staff, the Navy and Defense Acquisition Executives, and the Naval Sea Systems Command. In addition, there would be four-star retired naval officers/Navy civil servants as members, one each named by the Chairmen of the House and Senate Armed Services Committees, the Secretary of the Navy, and the Secretary of Defense. Finally, there would be a member appointed by the Secretary of the Navy who had previous senior experience in the defense industry. 29. See James Mattis, Secretary of Defense, Summary of the 2018 National Defense Strategy of the United States of America: Sharpening the American Military’s Competitive Edge, U.S. Department of Defense, https:// dod.defense.gov/Portals/1/Documents/pubs/2018-National-Defense-Strategy-Summary.pdf (accessed February 17, 2023), and U.S. Department of Defense, 2022 National Defense Strategy of the United States of America Including the 2022 Nuclear Posture Review and the 2022 Missile Defense Review, https://oldcc.gov/ resource/2022-national-defense-strategy (accessed February 17, 2023).

— 113 — Department of Defense (if pass-through funding, defined as money in the Air Force budget that does not go to the Air Force, is removed from the equation) than the Army and Navy have received. This underfunding has forced the Air Force to cut its forces and forgo modernizing aging weapons systems that were never designed to operate in current threat environments and are structurally and mechanically exhausted. The result is an Air Force that is the oldest, smallest, and least ready in its history. The decline in Air Force capacity and capability is occurring at the same time the security environment demands the very options that the Air Force uniquely provides. Combatant commanders routinely request more Air Force capabilities than the service has the capacity to provide. The Air Force today simply cannot accomplish all of the missions it is required to perform. The Air Force has consistently stated on the official record that it is not sized to meet the mission demands placed on it by the various U.S. Combatant Commands. A 2018 study, “The Air Force We Need,”30 showed a 24 percent deficit in Air Force capacity to meet the needs of the National Defense Strategy. Those conclusions remain valid and are more pronounced today because of subsequent aircraft retire- ments. The demand is also higher because of world events. To understand these trends, one needs only to consider that the Air Force’s future five-year budget plan retires 1,463 aircraft while buying just 467. This makes for a reduction of 996 air- craft by 2027. The net result is a force that is smaller, older, and less ready at a time when demand is burgeoning. Needed Reforms l Increase spending and budget accuracy in line with a threat-based strategy. Returning the U.S. military to a force that can achieve deterrence or win in a fight if necessary requires returning to a threat-based defense strategy. Real budget growth combined with a more equitable distribution of resources across the armed services is the only realistic way to create a modernized Air Force with the capacity to meet the needs of the National Defense Strategy. Additionally, as noted above, pass-through funding causes numbers cited in current DOD budget documents to be higher than the dollar amounts actually received by the Air Force. 1. Adopt a two-war force defense strategy with scenarios for each service that will allow the Air Force to attain the resources it requires by developing a force-sizing construct that reflects what is required to accomplish strategic objectives. 2. Eliminate pass-through funding, which has grown to more than $40 billion per year and has caused the Air Force to be chronically underfunded for decades. — 114 — Mandate for Leadership: The Conservative Promise 3. Increase the Air Force budget by 5 percent annually (after adjusting for inflation) to reverse the decline in size, age, and readiness and facilitate the transition to a more modern, lethal, and survivable force. l Reduce near-term and mid-term risk. Increasing the Air Force’s acquisition of next-generation capabilities that either are or soon will be in production will increase the ability of the United States to deter or defeat near-term to mid-term threats. 1. Increase F-35A procurement to 60–80 per year. 2. Build the capacity for a B-21 production rate of 15–18 aircraft per year along with applicable elements of the B-21 long-range strike family of systems. 3. Increase Air Force airlift and aerial refueling capacity to support agile combat employment operations that generate combat sorties from a highly dispersed posture in both Europe and the Pacific. 4. Develop and buy larger quantities of advanced mid-range weapons (50 nm to 200 nm) that are sized to maximize targets per sortie for stealth aircraft flying in contested environments against target sets that could exceed 100,000 aimpoints. 5. Accelerate the development and production of the Sentinel intercontinental ballistic missile to reduce the risk inherent in an aging Minuteman III force in light of China’s nuclear modernization breakout. 6. Increase the number of EC-37B electronic warfare aircraft from 10 to 20 in order to achieve a minimum capacity to engage growing threats from China across the electromagnetic spectrum. l Invest in future Air Force programs and efforts. Increasingly capable adversaries require new capabilities to enable victory against those adversaries. 1. Attain an operationally optimized advanced battle management system as the Air Force element of the DOD Joint All Domain Command and Control enterprise. 2. Produce the next-generation air dominance system of systems (air moving target indication, other sensors, communications, command and control, weapons, and uninhabited aerial vehicles).