NDAA Proposals Mix Good with the Not So Good.

• Author: Kupperman, Jonathan

Recently, the Defense Department sent Congress legislative proposals for the fiscal year 2021 National Defense Authorization Act. Like much in this pandemic year, these came late in the cycle but could affect some foundational aspects on how industry partners with the department to deliver capabilities and services to warfighters.

Beneficial proposals include amending the Defense Production Act to address critical shortfalls; security vetting for risks associated with allegiance, foreign influence and foreign preference; and several addressing modernization.

The nation's reliance on items from peer competitors continues to impact critical programs raising concerns of a sudden loss of supply. The department's proposal postures the DPA Title III program to mitigate shortfalls in the supply chains for rare earths; critical chemicals for missiles and munitions; hypersonic and strategic systems; and radiation-hardened electronics. This would remove spending limits based on anticipated funding needs to sustain long-term investments.

Regarding vetting, proposed legislation would clarify populations for which the department has authority to use the centralized screening process established under U.S. code while not increasing or decreasing those affected. This would provide the authority to screen lawfully obtained personally identifiable information of all individuals participating in Defense Department-funded research to determine whether they pose a threat to critical technologies relevant to national security.

This would be accomplished by screening for undue foreign influence, participation in foreign talent programs such as China's Thousand Talents Program, and other personnel security concerns. While the department lacks authority to screen non-defense affiliated individuals participating in Pentagon-funded research, this proposal provides an approach to decrease risk.

There are, however, significant areas of concern. Key among them is to change the classification of the future years defense program. The department proposes to no longer produce an unclassified budget projection. While the National Defense Industrial Association shares leadership's concern about protecting information critical to national security, it does not believe unclassified resourcing projections--provided since 1989--put the nation at risk.

The future years defense program provides for critical public and congressional oversight and investment signaling to the defense...