A bill to require the Secretary of Defense to carry out a pilot program under which the Secretary shall develop and implement a comprehensive wastewater surveillance system at certain installations of the Department of Defense, and for other purposes.

— 396 — Mandate for Leadership: The Conservative Promise l Increase the use of commercial waste disposal. Using commercial disposal would reduce capital costs (~ $2 billion) for new disposal sites to accelerate cleanup and reduce local post-cleanup environmental liability at multiple sites. l Revisit the Hanford cleanup’s regulatory framework. Hanford poses significant political and legal challenges with the State of Washington, and DOE will have to work with Congress to make progress in accelerating cleanup at that site. DOE and EPA need to work more closely to coordinate their responses to claims made under the TPA and work more aggressively for changes, including congressional action if necessary, to achieve workable cleanup goals. l Establish more direct leadership and accountability to the Deputy Secretary consistent with Government Accountability Office recommendations.91 l Change Environmental Management’s culture to promote innovation and completion. Budget Environmental Management received slightly less than $7.6 billion in FY 2021, and its budget request for FY 2023 is approximately $8.06 billion.92 The additional funding necessary to accelerate closure of the program will need to be considered as part of a broader government-wide discussion about yearly appropriations. OFFICE OF CIVILIAN RADIOACTIVE WASTE MANAGEMENT (OCRWM) (CURRENTLY OFFICE OF SPENT FUEL AND WASTE DISPOSITION) Mission/Overview The Nuclear Waste Policy Act (NWPA) of 1982 conferred the responsibility for commercial nuclear waste disposal on the federal government,93 and in 2002, Congress designated a single repository located at Yucca Mountain in Nevada as the national repository site. The act also established the Office of Civilian Radio- active Waste Management (OCRWM).94 The Obama Administration shut down OCRWM in 2010. The Office of Spent Fuel and Waste Disposition, which is headed by a non-confirmed Deputy Assistant Secretary in the Office of Nuclear Energy, is currently responsible for the management of nuclear waste, and interim disposal is taking place on various sites. Providing a plan for the proper disposal of civilian nuclear waste is essential to the promotion of nuclear power in the United States. — 397 — Department of Energy and Related Commissions Needed Reforms l Work with the Nuclear Regulatory Commission as it reviews DOE’s permit application for Yucca Mountain. According to both the scientific community and global experience, deep geologic storage is critical to any plan for the proper disposal of more than 75 years of defense waste and 80,000 tons of commercial spent nuclear fuel.95 Yucca Mountain remains a viable option for waste management, and DOE should recommit to working with the Nuclear Regulatory Commission as it reviews DOE’s permit application for a repository. Finishing the review does not mean that Yucca Mountain will be completed and operational; it merely presents all the information for the State of Nevada, Congress, the nuclear industry, and the Administration to use as the basis for informed decisions. l Reform the licensing process. The reactor licensing process is inadequate. Fixing nuclear waste management will require wholesale reform that realigns responsibilities, resets incentives, and introduces market forces without creating chaos within the current nuclear industry that has been built around the current system. l Produce concrete outcomes from consent-based siting. Beginning in the Obama Administration and resurrected during the Biden Administration, consent-based siting for a civilian waste nuclear repository has been a way to delay any politically painful decisions about siting a permanent civilian nuclear waste facility. In 2022, DOE announced $16 million to support local communities in consent-based siting.96 The next Administration should use the consent-based-siting process to identify and build temporary or permanent sites for a civilian waste nuclear repository (or repositories). New Policies l Restart Yucca Mountain licensing. DOE should restart the Yucca Mountain licensing process. Any continuation of interim storage facilities should be made part of an integrated waste management system that includes geologic storage. Further, building on the consent-based siting process already underway, DOE should find a second repository site. l Fix the policy and cost drivers that are preventing nuclear storage. The federal government continues to hold $46 billion97 in the Nuclear Waste Fund (NWF),98 funded by utilities and their ratepayers for permanent disposal of nuclear waste. However, no such storage exists, and spent nuclear fuel remains on site at most nuclear plants. Meanwhile, Congress uses those funds to finance unrelated spending. Moreover, DOE’s

— 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).

— 206 — Mandate for Leadership: The Conservative Promise local, and tribal elements. The order should consider stipulating what to do with DOD cyber agencies, most notably the NSA, in terms of strategic (for example, the President and the DNI) vs. tactical support (for example, support for the warfighter) in conjunction with ongoing congressionally mandated reviews of the future dual-hatted relationship. l Enhance the DNI’s role in overseeing execution of the National Intelligence Program budget under the President’s authority. This should be done in a manner that is consistent with Congress’s intent as embodied in IRTPA. Under the executive order as written today, the DNI “shall oversee and direct the implementation of the National Intelligence Program.” In practice, the DNI’s authority to oversee execution of the IC’s budget remains constrained by an inability to address changing intelligence priorities and mandate the implementation of appropriated NIP funding to higher intelligence priorities. The DNI should have the President’s direction to address emerging but catastrophic threats such as those posed by bioweapons. Clarifying how much budget authority the DNI has in conjunction (within the limits of congressional appropriations) with OMB and IC-member Cabinet officials to move around money and personnel is crucial, but positions will not always be fungible. It will probably be necessary to hold IC leadership accountable at intransigent agencies and to restructure areas through executive orders in close conjunction with OMB, as needed. l Clarify the DNI’s role as leader of the IC as an enterprise in building the IC’s capabilities around its open-source collection and analytic missions. The exponential growth in open-source information, often called OSINT, is not disputed. In the IC, the use of publicly available information, notwithstanding the authorities within IRTPA for the DNI to manage OSINT, remains disaggregated. The explosion of private-sector intelligence products and expertise should signal to IC leadership that duplicative efforts are unnecessary and that limited resources should be focused on problematic collection tasks. The IC should avoid duplication of what is already being done well in the private sector and focus instead on complex questions that cannot be answered by conventional and frequently increasing numbers of commercial tools and capabilities. If necessary, for lack of results from the National Open Source Committee, the DNI should appoint the Principal Deputy Director of National Intelligence (PDDNI) as chairman to prioritize and promote accountability for the IC’s 18 agencies toward this effort.