Supersonic Aviation Modernization Act

— 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.

— 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).

— 66 — Mandate for Leadership: The Conservative Promise 17. President William J. Clinton, Executive Order 13132, “Federalism,” August 4, 1999, in Federal Register, Vol. 64, No. 153 (August 10, 1999), pp. 43255–43259, https://www.govinfo.gov/content/pkg/FR-1999-08-10/pdf/99- 20729.pdf (accessed January 31, 2023). 18. President Ronald Reagan, Executive Order 12630, “Governmental Actions and Interference with Constitutionally Protected Property Rights,” March 15, 1988, in Federal Register, Vol. 53, No. 53 (March 18, 1988), pp. 8859–8862, https://www.regulationwriters.com/downloads/Executive_Orders/EO_12630.pdf (accessed January 31, 2023). 19. Section 115 in H.R. 4577, Consolidated Appropriations Act, 2001, Public Law No. 106-544, 106th Congress, December 21, 2000, https://www.congress.gov/106/plaws/publ554/PLAW-106publ554.pdf (accessed January 31, 2023). 20. H.R. 6410, Paperwork Reduction Act of 1980, Public Law No. 96-511, 96th Congress, December 11, 1980, https:// www.congress.gov/96/statute/STATUTE-94/STATUTE-94-Pg2812.pdf (accessed January 31, 2023). 21. S. 3418, An Act to Amend Title 5, United States Code, by Adding a Section 552a, to Safeguard Individual Privacy from the Misuse of Federal Records, to Provide that Individuals Be Granted Access to Records Concerning Them Which Are Maintained by Federal Agencies, to Establish a Privacy Protection Study Commission, and for Other Purposes (Privacy Act of 1974), Public Law No. 93-579, 93rd Congress, December 31, 1974, https://www.congress.gov/93/statute/STATUTE-88/STATUTE-88-Pg1896.pdf (accessed January 31, 2023). 22. Office of Management and Budget, “Guidance for Grants and Agreements,” Final Guidance, Federal Register, Vol. 85, No. 157 (August 13, 2020), pp. 49506–49582, https://www.govinfo.gov/content/pkg/FR-2020-08-13/ pdf/2020-17468.pdf (accessed January 31, 2023), and “Guidance for Grants and Agreements,” Correcting Amendments, Federal Register, Vol. 86, No. 33 (February 22, 2021), pp. 10439–10440, https://www.govinfo. gov/content/pkg/FR-2021-02-22/pdf/2021-02969.pdf (accessed January 31, 2023). 23. H.R. 5, Regulatory Accountability Act of 2017, 115th Congress, introduced January 3, 2017, https://www. congress.gov/bill/115th-congress/house-bill/5 (accessed January 31, 20/23), and S. 951, Regulatory Accountability Act of 2017, 115th Congress, introduced April 26, 2017, https://www.congress.gov/bill/115th- congress/senate-bill/951 (accessed January 31, 2023). 24. 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