By Brian J. Cuce and Augustine Tran

Approx Read Time11 Minutes

Politics is messy.   In an age of seemingly endless delays in passing critical must-pass legislation and funding for the Department of Defense, it is no surprise most service members become numb, if even interested in the first place, to the annual melee in Washington, DC.   Many in the armed services spend their careers cynical at the lack of progress and change they see from our senior leaders in the DOD, generally unaware of how powerless these leaders may be without this perennial food fight in Congress.  In fact, almost all significant changes required for true advancement in the Air Force and sister services require this legislation for even the slightest of progress.  The National Defense Authorization Act, or NDAA, and its complementary Appropriations Act, are requisite pieces of the puzzle to enable the monumental changes we seek in our ability to move warfighting forward to Joint All-Domain Operations (JADO) of the future. 

Realizing a truly integrated joint operating environment for the future is more than just the technology that enables Joint All-Domain Command and Control (JADC2) but also a policy environment that is supportive of competition across the instruments of power and builds global partnerships abroad.  While technology investments take a large presence in legislation as Congress holds the Constitutional power of the purse, Congress can influence these other facets through legislation and funding that drives internal Department policy.

With this article we hope to demystify and provide a comprehensive summary of the Fiscal Year 2023 (FY23) NDAA as it pertains to promoting JADO initiatives within the Department.  Examining these bills gives us keen insight to the political winds that either support or hinder the progress we strive to achieve. 

NDAA and the Appropriations Act

First, its valuable to understand there are distinct differences between the authorization bill, originating in the armed service committees, and the appropriations bill by the appropriations committees.  Each are independent legislative acts, developed in parallel, that ideally complement each other.  The authorization establishes boundaries for funding and modifies, prescribes, or repeals law.  The annual appropriation bill then directs the Treasury to allocate the authorized funds to the departments and funding lines to be executed.  Legislation found in the authorization is permanent until otherwise amended by future NDAAs or legislation whereas the appropriation bill must be renewed annually.  Both bills can require the DOD to provide reports or studies, known as Congressional Reporting Requirements (CRR), which the department must conduct and respond to in the given deadline.  Many taskers that find their way to the unit level tend to be driven by these CRRs and often force the Department to consider changes it may not otherwise initiate on its own.

Often, both bills tend to be conflated as a single process.  Congress has passed the NDAA for 61 consecutive years whereas continuing resolutions (stopgaps that carry over previous appropriations to the next year) have become more commonplace in the last decade often inhibiting progress towards Department goals.  While all of this begins with the submission of the President’s Budget (a collection of Department funding requirements) to Congress each year, the resulting authorizations and appropriations often differ from the requested budget, positively or negatively, giving a strong sense of Congress’ priorities for the nation each year.  This year’s Fiscal Year 2023 (FY23) NDAA authorized a total of $45 billion above the President’s Budget request for a total of $857.9 billion in defense related programs that are highly supportive of technology, competition initiatives, and partnerships required for JADO and global competition.

Technology

The path towards JADO relies heavily on investments towards procurement and research programs leveraging key enabling technologies to improve synchronization and integration.  Key programs include procurement and development of technologies such as Artificial Intelligence/Machine-Learning (AI/ML), data analytics, advanced sensors, secure and redundant communication networks, and the modernization of weapon systems in the kill web.  Additionally, the authorization bill also sets technology policies that moves the DOD towards JADO; policy that can enable efforts such as streamlining software acquisitions, or supporting the defense industrial base in key sectors such as software development and AI/ML.  At the DOD level, the NDAA authorizes funding for the integration, experimentation, and assessment of these programs to bring together JADC2 activities to break down service barriers to integrating disparate initiatives.

In addition to the provisions that support joint integration, the NDAA continues to authorize funding for the service specific programs that serve as the service elements of JADC2, specifically Advanced Battle Management System (ABMS) for the Air Force and Project Convergence for the Army.  It is not, however, as clear on whether the NDAA has authorized funding for the Navy’s effort of Project Overmatch due to its classification and its disbursement across multiple Navy acquisition programs.  

Additionally, the NDAA bolsters investments in key weapon systems that strengthen competitiveness in the electromagnetic spectrum and at the sensor and battle management layers of JADC2.  In FY23, the NDAA authorizes four additional next-generation Compass Call Electronic Warfare (EW) aircraft, EC-37Bs, submitted by the Air Force as an unfunded requirement in the President’s Budget.  Congress also delays the divestment of the Navy’s EA-18G electronic warfare platform to provide enduring capacity in electronic warfare and requires the DOD to study and report a strategy to integrate EW forces across the services.  In the Command and Control (C2) space, the NDAA adds additional $301 million to accelerate E-7 prototype production and advance Air Force C2 capabilities that also enabled better 4th and 5th-generation integration across the US as well as coalition partners.  Conversely, it provides some limitations on E-3 divestment which the Air Force argues may slow E-7 acquisition but addresses Congressional concerns of a capability gap in the mid-decade ahead.

Key Legislative Highlights

• Authorizes funding for an additional four EC-37B Compass Call aircraft.
• Authorizes an increase of $301 million to accelerate production of both prototype E-7 aircraft to support the airborne command and control mission.
• Prohibition on certain reductions to inventory of E–3 airborne warning and control system aircraft.
• Requires the retention of EA-18G aircraft; requires a report outlining a strategy and execution plan for the Navy and Air Force to continuously and effectively meet airborne electronic attack training and combat requirements of the joint force, to include establishment or continuation of one or more land-based, joint service electronic attack squadrons and integration of both active and reserve components of both services.
• Procurement authority for digital mission operations platform for the Space Force
• Digital transformation commercial software acquisition.
• Assessment and strategy for fielding capabilities to counter threats posed by unmanned aerial system swarms.
• Competitively awarded demonstrations and tests of electromagnetic warfare technology.
• Administration of the Advanced Sensor Applications Program.
• Quantifiable assurance capability for security of microelectronics.
• Target date for deployment of 5G wireless broadband infrastructure at all military installations.
• Annual report on studies and reports of federally funded research and development centers.
• Report on potential for increased utilization of the Electronic Proving Grounds testing range.
• Clarification of Role of Senior Official with Principal Responsibility for Artificial Intelligence and Machine Learning.
• Establishing Projects for Data Management, Artificial Intelligence, and Digital Solutions.
• Roadmap and Implementation Plan for Cyber Adoption of Artificial Intelligence.
• Prohibition on Certain Semiconductor Products and Services.
• Assessment of Production of Semiconductors by the People’s Republic of China.
• Reports on Integration of Artificial Intelligence Within the Intelligence Community Code-Free Artificial Intelligence Enablement Tools Policy.
• Plan for commercial cloud test and evaluation.
• Authorizes $20 million for establishment and initial operations of the Nuclear Command, Control, and Communications Rapid Engineering Architecture Collaboration Hub (REACH).
• Requires a five-year roadmap and implementation plan for rapidly adopting artificial intelligence applications to the warfighter cyber missions within the DOD.

Competition

Beyond investments in key enabling technologies, promoting initiatives that support competition below the level of warfare is equally critical in posturing the force for the future.  Ideally, we should seek to avoid all out conflict through integrated deterrence and the leveraging of all instruments of power be they diplomatic, information, military, or economic to affect behaviors and maneuver against our adversaries in these non-conflict spaces.  Investments in non-traditional warfighting domains such as space, cyber, and information can also be considered avenues of competition allowing for more options to decision-makers to influence adversary behavior.

Direct expressions for support for NATO, Ukraine, and Taiwan are evident throughout multiple legislative references and through legislative acts called “Senses of Congress” which don’t implement law but allow Congress to officially provide a position on a subject.  Department initiatives for European and Pacific deterrence are fully funded as well as a substantial ($1B) increase for unfunded requirements to the Pacific to meet the National Defense Strategy focus on competition with China.  The bill directs the Department to examine its force posture in both theaters to ensure proper organization and resourcing to fight these two critical problems while investing in readiness to support humanitarian operations and civic aid globally and extend American influence in key competitive regions.  It also directs a deepening of strategic military stockpiles and the defense industrial base to posture for escalation and resilience in the Cyber and Space domains to include creating an Assistant Secretary of Defense position to unify Cyber policy across the DOD.

Key Legislative Highlights

• Requires the Secretary of Defense to develop a Joint Concept for Competing.
• Authorizes the full fiscal year 2023 budget request for the European Deterrence Initiative (EDI).
• Expresses the sense of Congress that the United States’ commitment to NATO is ironclad, and emphasizes the importance of maintaining a unified response to Russia’s unjust war in Ukraine and other shared security challenges.
• Expresses the sense of Congress that the United States must continue to assist Ukraine in its fight against the unjust and unprovoked attack by Russia, and that oversight and transparency for such assistance is essential to ensure effective and sustained support.
• Requires an assessment of the required U.S. force posture and resourcing needed to implement the National Defense Strategy in Europe and uphold U.S. commitments to NATO.
• Extends the Pacific Deterrence Initiative (PDI) through fiscal year 2023, identifies approximately $11.5 billion of investments in support of PDI objectives, and authorizes approximately an additional $1 billion to address unfunded requirements identified by the Commander of U.S. Indo-Pacific Command (INDOPACOM).
• Authorizes the Taiwan Enhanced Resilience Act of 2022, including various provisions designed to increase security cooperation with Taiwan consistent with the Taiwan Relations Act.
• Authorizes increased support for Joint All-Domain Command and Control, including establishment of a Joint Force Headquarters in U.S. Indo-Pacific Command, effects chain and mission-based command and control experimentation, novel kill chain development, and acceleration and integration of the Family of Integrated Targeting Cells.
• Authorizes an increase of $37.2 million for Overseas Humanitarian, Disaster, and Civic Aid.
• Designates a new Asst SECDEF position specifically for Cyber Policy.
• Authorizes an increase of $44.1 million to support CYBERCOM’s Hunt Forward Operations.
• Requires a strategy for converged cyber and electronic warfare conducted by and through deployed military and intelligence assets operating in the radiofrequency domain to provide strategic, operational, and tactical effects in support of combatant commanders.
• Requires a strategy and requirements for the protection of DOD satellites.
• Requires a review by the Secretary of Defense on whether the Space Development Agency should be exempt from the Joint Integration and Development System in order to speed overall fielding of proliferated space systems.
• Requires the establishment of a government-industry-academia working group for microelectronics to provide a forum for information sharing and consultation on areas of mutual interest related to microelectronics research, development, and manufacturing.
• Authorizes $1 billion for the National Defense Stockpile to acquire strategic and critical materials required to meet the defense, industrial, and essential civilian needs of the United States.
• Authorizes an increase of $56.4 million for CYBERCOM Joint Cyber Warfighting Architecture development.

Partnerships

Despite the misnomer that JADO is solely a joint (US-only) effort, alliances and partnerships are an underemphasized element in our defense strategy that increases our capability and capacity to fight future conflicts and we must keep our needs to integrate these partners in mind when considering the technology we employ.  Strengthening our investments to train and equip partners around the world are key elements of this bill to enable our allies to take key roles in their own defense, or as partners in a global coalition to compete with mutual threats outlined in the National Defense Strategy. 

Africa is a prominent area of focus for investments as well as developing a strategy for enhancing middle eastern partners to contribute to collective defense against Iranian aggression in the region.  India is named as a nation to expand cooperation on technology, readiness, and logistics to provide greater partner capability in addition to a strong partnership with Australia in South Asia and the Pacific.  Congress also authorizes an increase to Security Cooperation programs at large, providing enhanced funding for EUCOM at a significant amount followed equally by SOUTHCOM and AFRICOM.  It emphasizes deliberate evaluation of partners and posture within Somalia, Syria, and Iraq to promote internal security and stability as well as Colombia for counterdrug and counterterrorism operations.  Lastly, it expands the capacity for increased international cooperation on cyber to provide enhanced competition in this key domain.

Key Legislative Highlights

• Requires the Secretary of Defense in consultation with the Secretary of State and the Director of National Intelligence to provide a strategy to increase cooperation with Middle Eastern allies and partners on the potential for improved integrated air and missile defense cooperation to counter threats from Iran and Iranian-linked groups.
• Requires engagement with the Ministry of Defense of India to expand cooperation on emerging technology, readiness, and logistics.
• Authorizes an increase of $198.5 million for partner capacity building through the International Security Cooperation Programs account within the Defense Security Cooperation Agency and intends for this additional funding to be allocated as follows: $20 million for SOUTHCOM; $20 million for AFRICOM; $5 million for NORTHCOM; and $100 million for EUCOM.
• Provides permanent authority to pay for foreign military forces to receive training under the United States-Colombia Action Plan (USCAP) at Colombian training facilities.
• Extends the authority for the unified counterdrug and counterterrorism campaign under Plan Colombia through 2025.
• Authorizes a pilot program to support engagement with military forces of partner countries on defense-related environmental and operational energy issues.
• Requires an independent assessment of DOD efforts to train, advise, assist, and equip the military forces of Somalia.
• Authorizes an increase of $10 million to support AFRICOM efforts to assess opportunities to diversify the locations of its multilateral military exercises on the African continent.
• Authorizes $165.3 million for the continued training and equipping of vetted Syrian groups and individuals and extends the waiver for the caps on the costs of construction and repair on a per-project basis, related to temporary and humane detention for one year.
• Extends the authority to provide assistance to Iraq to counter the Islamic State of Iraq and Syria (ISIS), extends a waiver for the caps on the costs of construction and repair on a per-project basis, related to temporary and humane detention for one additional year.
• Expanding Capacity for International Alliances and Partnerships in Cyber.

Summary

While the NDAA largely drives funding discrete programs, the overall balance of those funds are a measure of Congressional priorities and whether or not those priorities align with Executive Branch and DOD intent.  Funding is often a zero-sum effort and to balance the competing requirements on constrained budgets, the services must continue to prioritize their procurement efforts to meet the joint push towards JADO.  Like all procurement efforts, the services develop sound procurement strategies that prove to Congress that taxpayer dollars are not wasted, balance investment and divestment to avoid capability gaps, continue to modernize, and advanced our strategy and partnerships for competition in the future fights ahead.

While we may at times, and publicly, disagree “across the river” on the details of timing and means to achieve our national defense priorities, there is often little disagreement on the challenges that face us as a nation.  Congressional and DOD leaders work tirelessly through the year to find common ground and chart a path ahead.  The continued cooperation between the Pentagon and the Hill is vital for the collective interest of the nation and this NDAA is a direct reflection of broad Congressional support for the initiatives we seek to move forward in JADO and global competition.  

Major Brian J. Cuce is currently a student at Air Command and Staff College (ACSC) where he is dual-enrolled in ACSC’s Joint All-Domain Strategist program as well as Political-Military Affairs Strategist concentration.  He is a career Intelligence Officer.  Prior to attending school, Maj Cuce was the Chief, C4ISR Programs in the Office of Legislative Liaison, Secretary of the Air Force, where he was the primary Department of the Air Force link to the House and Senate Intelligence Committees and to the House and Senate Armed Service Committees on matters of command and control, intelligence, and electronic warfare.

Major Augustine Tran is currently a student at Air Command and Staff College (ACSC) where he is enrolled in ACSC’s Joint All-Domain Strategist program concentration. He is a career Acquisitions Officer. Prior to attending school, Maj Tran was the Legislative Liaison for Air Force Material Command (AFMC) where he was the bridge between the Major Command (MAJCOM) and Secretary of the Air Force Office of Legislative Liaison.

The views expressed in this article are those of the authors and do not necessarily reflect the official policy or position of the Air Force, the Department of Defense, or the U.S. Government.