Summary of the Fiscal Year 2023 National Defense Authorization Act

For the 62nd consecutive year, Congress has reached a bipartisan, bicameral agreement to pass the National Defense Authorization Act (NDAA). Each year, the NDAA authorizes funding levels and provides authorities for the U.S. military and other critical defense priorities, ensuring our troops have the training, equipment, and resources they need to carry out their missions.

This year’s agreement, the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, focuses on the most vital national security priorities for the United States, including strategic competition with China and Russia; disruptive technologies like hypersonic weapons, artificial intelligence, 5G, and quantum computing; modernizing our ships, aircraft, and vehicles; and improving the lives of our servicemembers and their families.

FY 2023 DEFENSE FUNDING LEVELS

The 62nd annual NDAA supports a total of $857.9 billion in fiscal year 2023 funding for national defense. Within this topline, the legislation authorizes $816.7 billion for the Department of Defense (DOD) and $30.3 billion for national security programs within the Department of Energy (DOE).

The NDAA increases the topline authorization level by $45 billion above the President’s budget request to address the effects of inflation and accelerate implementation of the National Defense Strategy. Within this topline, the bill authorizes $12.6 billion for inflation impacts on purchases; $3.8 billion for inflation impacts on military construction projects; and $2.5 billion for inflation impacts on fuel purchases.

FY23 Defense Funding Levels (in billions of dollars)

Department of Defense $ 816.7

Department of Energy $ 30.3

NDAA Topline $ 847.3

Defense-related Activities Outside NDAA Jurisdiction $ 10.6

National Defense Topline $ 857.9

The bill allows up to $6 billion in general transfer authority for unforeseen higher-priority needs in accordance with normal reprogramming procedures.

The bill also serves as a legislative vehicle for a number of non-NDAA-related authorizations. Outside authorizations are not detailed in this summary.

PERSONNEL

Supporting Servicemembers, Defense Department Civilians, and Their Families

· Authorizes funding to support a 4.6 percent pay raise for both military servicemembers and the DOD civilian workforce.

· Authorizes additional funding to address the effects of inflation on compensation.

· Authorizes an increase of $70 million for Impact Aid ($50 million for supplemental Impact Aid and $20 million for Impact Aid for military children with severe disabilities).

· Broadens the reach and impact of the Basic Needs Allowance by increasing the eligibility threshold and allowance size from 130% of the Federal poverty line to 150% of the Federal poverty line as a baseline, and authorizes the Secretary of Defense to increase this benefit to 200% of the poverty line when appropriate.

· Increases maximum amounts for bonus and special pay authorities for servicemembers in certain critical-skill positions.

· Revives and extends temporary authority for targeted recruitment incentives to ensure the military can meet its recruiting and retention needs.

· Expands the scope of financial reimbursement related to spouse relicensing and business costs arising from a permanent change of station.

· Initiates a pilot program to reimburse military families for certain child care costs related to a permanent change of station.

· Creates an open season during calendar year 2023 for eligible retired or former members to opt in or out of the Survivor Benefit Plan.

· Ensures servicemembers have access to quality housing, including by: extending the authority to adjust the basic allowance for housing (BAH) in high-cost areas; encouraging DOD to coordinate efforts to address housing shortages; and codifying that the Assistant Secretary of Defense for Energy, Installations, and Environment should serve as the Chief Housing Officer.

End Strength

· Army – 452,000

· Navy – 354,000

· Air Force – 325,344

· Marine Corps – 177,000

· Space Force – 8,600

· Authorizes reserve component military end strengths in line with President's request, with the exception of Air National Guard military technicians and full-time Reserve and Guard personnel, which are to remain at FY2022 levels.

Military Personnel Policy

· Extends the authority to prescribe a temporary adjustment in the current rates of BAH for a military housing area if the Secretary of Defense determines that the actual costs of adequate housing differs from the current BAH rates by more than 20 percent.

· Authorizes assignment of special duty pay for members based on cold-weather climate conditions in which their duties are performed.

· Authorizes constructive service credit for warrant officers with advanced education or training or special experience.

· Initiates a program to reimburse Alaska-based servicemembers for the cost of airfare to travel to their homes of record.

· Requires the Secretary of Defense to rescind the mandate that members of the Armed Forces be vaccinated against COVID-19.

· Enhances pay authorities for certain acquisition and technology experts in DOD science and technology laboratories.

· Requires a Government Accountability Office (GAO) review of officer performance evaluations.

· Requires the Secretary of Defense to back-date the effective date of rank for reserve officers in the National Guard who experience undue delays in Federal recognition of their promotions.

· Authorizes a pilot program on remote personnel processing in the Army.

· Requires enhanced information related to awarding of the Purple Heart to be posted on a publicly available Internet site.

Military Education and Family Readiness

· Authorizes a servicemember whose sole dependent dies to continue to receive basic allowance for housing at the "with dependents" rate for a period up to 365 days after the death of the dependent.

· Requires a pilot program to hire special education inclusion coordinators at Child Development Centers (CDC) with a high population of military children enrolled in the Exceptional Family Member Program and also at the CDCs.

· Directs a report on the recruiting and retention of DOD childcare providers.

· Extends a pilot program to expand enrollment eligibility at domestic dependent elementary and secondary schools.

Military Health Care

· Establishes four military medical treatment facilities as Core Casualty Receiving Facilities to facilitate aeromedical evacuation of casualties from military operational theaters.

· Authorizes transitional health care benefits to members of the National Guard who are separated from full-time duty, called or ordered by the President or the Secretary of

Defense for a period of active service greater than 30 days, in response to a national emergency declaration and supported by Federal funds.

· Requires a review and report on the rates of suicides in the Armed Forces by military occupational specialty during the time period beginning after September 11, 2001, and continuing to the present day, broken down by military occupational specialty, service, and grade.

· Requires a briefing on the feasibility and advisability of implementing certain reforms related to suicide prevention among members of the Armed Forces.

· Requires a capability assessment of potential improvements to activities of the DOD to reduce the effects of environmental exposures (burn pits and other environmental hazards) to servicemembers and the development of an action plan to implement such improvements.

· Authorizes improvements to the TRICARE Dental Program by requiring functions such as enrollment, eligibility, and premium payment processing to be handled by a third-party administrator, and ensuring beneficiaries have three dental insurance enrollment options from several carriers.

· Requires establishment of a comprehensive initiative for brain health, the Warfighter Brain Health Initiative, to improve cognitive performance and brain health of servicemembers.

· Makes improvements relating to behavioral health care in the military health system.

Strengthening Military Justice

· Makes various additional modifications to military justice reforms enacted in the FY22 NDAA, including adding additional covered offenses to those over which the Office of Special Trial Counsel will exercise authority, requiring the President to amend the Manual for Courts-Martial to ensure that residual prosecutorial and judicial duties with respect to covered offenses are transferred to an appropriate entity, and requiring comprehensive reporting from the Department regarding implementation of last year’s reforms.

· Amends Article 66 of the UCMJ to authorize judicial review of any conviction by court-martial, regardless of the sentence imposed; amends Article 69 of the UCMJ to clarify the scope of review in general and special court-martial cases reviewed by a Judge Advocate General.

· Amends Article 25 of the UCMJ to require the randomized selection of personnel for service as panel members on courts-martial under regulations prescribed by the President.

AIRPOWER AND LAND WARFARE

Advancing Air Power

· Authorizes requested funding for the procurement of combat aircraft and munitions.

· Authorizes funding for an additional four EC-37B Compass Call aircraft.

· Authorizes funding for an additional five F-35A aircraft.

· Authorizes funding for an additional 10 HH-60W helicopters.

· Prohibits the retirement of F-22 Block 20 aircraft, requires submission of a detailed written plan for training F-22 aircrew while avoiding any degradation in readiness or reduction in combat capability, and does not mandate upgrades of the Block 20 aircraft.

· Authorizes an increase of $301 million to accelerate production of both prototype E-7 aircraft to support the airborne command and control mission.

· 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.

· Supports planned divestment of A-10s.

· Prevents or modifies retirement plans for various aircraft, including B-1, F-15, E-3 AWACS, and C-40 aircraft.

Strengthening Land Warfare Capabilities

· Supports the Army's focus on priority modernization efforts, to include long-range fires, future vertical lift, next-generation combat vehicles, and air and missile defense.

· Supports soldier systems and the network that enables a more lethal and connected force.

· Authorizes increased funding for procurement of enduring combat aircraft, armored fighting vehicles, munitions, long-range fires, and air and missile defenses.

· Directs an assessment of requirements and acquisition objectives for Patriot air and missile defense battalions.

· Increases focus on vehicle safety by requiring a pilot program for tactical vehicle safety data collection and an annual report on safety upgrades to high mobility multipurpose wheeled vehicles (HMMWV).

· For aviation: Authorizes increased funding for CH-47 Chinook, UH-60 Blackhawk, and MQ-1 Gray Eagle platforms.

· For missile systems: Authorizes increased funding for M-SHORAD and Patriot, to include a focus on industrial preparedness.

· For combat vehicles: Authorizes increased funding for Abrams tanks, Stryker upgrades, and Paladin Integrated Management (PIM) systems.

· For tactical vehicles: Authorizes increased funding for infantry squad vehicles, medium and heavy tactical vehicles, dump trucks, and continues acceleration of safety modifications for HMMWVs.

· For soldier systems: Authorizes increased funding for advanced night vision capability to include increased research and development and accelerated tactical network capabilities fielding.

Countering Evolving Threats

· Authorizes additional funding to reduce risk in the Army Future Vertical Lift program.

· Directs an assessment and strategy for fielding capabilities to counter threats posed by unmanned aerial swarms (UAS) as well as a briefing on security cooperation activities related to counter UAS.

· 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.

Furthering Advanced Munitions

· Authorizes more than $2.7 billion for additional munitions production and capacity expansion for increased future production.

· Directs an assessment of the ability of the defense industrial production base to meet steady-state and surge requirements for propellants and explosives.

· Authorizes funding for the next generation short-range air defense system (SHORAD); and accelerates Precision Strike Missiles (PrSM) development.

SEAPOWER

Surface Warfare

· Authorizes multiyear or block buy contracts for the procurement of up to 25 ship to shore connectors, 15 Arleigh Burke-class destroyers, eight Lewis-class oilers, five amphibious ships, and CH-53K helicopters.

· Authorizes $32.6 billion for Navy shipbuilding, an increase of $4.7 billion, which includes the procurement of 11 battle force ships: three Arleigh Burke-class destroyers; two Virginia-class submarines; two expeditionary fast transports; one Constellation-class frigate; one San Antonio-class amphibious ship; one John Lewis-class oiler; and one Navajo-class towing, salvage and rescue ship.

· Authorizes an additional $2.2 billion for a third Arleigh Burke-class destroyer.

Authorizes an additional $289 million for LHA-10 advance procurement.

· Authorizes an additional $250 million for LPD-33 advance procurement.

· Authorizes an additional $250 million for surface combatant supplier development.

· Requires certain FFG-62 class vessels to be capable of carrying and employing Tomahawk and Standard Missile-6 missiles.

· Authorizes an additional $25 million for continued research on the sea-launched cruise missile (SLCM-N).

· Prescribes DDG(X) acquisition elements in the areas of government and industry collaboration, competitive incentives, early technology maturation, and workforce stability.

· Mandates the inclusion of a Navy shipbuilding workforce development special incentive in Navy shipbuilding new construction contracts.

· Prohibits the early retirement of 12 vessels in fiscal year 2023, including: five littoral combat ships, four dock landing ships, two expeditionary transfer docks, and one cruiser.

· Authorizes an increase of $405.5 million for urgent enhancement of naval mining and delivery capabilities.

Undersea Warfare

· Authorizes full funding of the budget request for Columbia-class submarines.

· Authorizes full funding of the budget request for two Virginia-class submarines.

· Authorizes an increase of $188.9 million for advanced undersea capability investments.

· Requires a briefing on existing requirements and capabilities for offensive and defensive mining, as well as potential capability and production capacity improvements.

Aircraft Procurement

· Authorizes funding for eight F-18E/F aircraft.

· Authorizes funding for 16 F-35C aircraft.

· Authorizes funding for 15 F-35B aircraft.

· Authorizes funding for 12 CH-53K helicopters.

· Authorizes funding for two V-22 aircraft.

· Authorizes funding for seven E-2D Hawkeye aircraft.

· Authorizes funding for five KC-130J tanker aircraft.

· Authorizes funding for three MQ-4 Triton unmanned aerial systems.

· Authorizes funding for four MQ-25 Stingray unmanned aerial systems.

· Authorizes funding for five Marine Group 5 unmanned aerial systems

Weapons Procurement

· Authorizes $5.9 billion for the procurement of 2,365 Navy munitions, an increase of $1.1 billion over the President’s budget request.

· Authorizes the following additional defense industrial base expansion funding:

o $250.0 million for Standard Missiles;

o $200.0 million for Naval Strike Missiles;

o $53.0 million for Long Range Anti-Ship Missiles;

o $51.0 million for Trident II modifications;

o $20.0 million for Harpoon missiles.

· Authorizes the following production increases:

o $125.4 million for 200 additional Mk-54 torpedoes;

o $49.0 million for 55 additional Mk-48 torpedoes;

o $25.9 million for 79 additional Sidewinder missiles.

INTERNATIONAL SECURITY

Bolstering Support for Ukraine and NATO

· Authorizes the full fiscal year 2023 budget request for the European Deterrence Initiative (EDI).

· Extends and modifies the Ukraine Security Assistance Initiative (USAI) and authorizes $800 million in fiscal year 2023, an increase of $500 million above the President’s budget request.

· Requires a report on DOD plans for the provision of security assistance to Ukraine in the short and medium term.

· 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 a report on the framework the Inspectors General have adopted to oversee U.S. assistance to Ukraine and whether there are any gaps in oversight or funding for such activities.

· 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.

Strengthening U.S. Engagement in the Indo-Pacific Region

· 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.

· Modifies the Indo-Pacific Maritime Security Initiative (MSI) by removing the limitation on funding under the authority and authorizing the use of funds under the authority to facilitate participation of U.S. Coast Guard personnel and capabilities in the execution of training, exercises, and other activities with foreign partners under MSI.

· Requires engagement with the Ministry of Defense of India to expand cooperation on emerging technology, readiness, and logistics.

· Authorizes a pilot program to enhance DOD engagement with young civilian defense and security leaders in the Indo-Pacific region.

· Requires the establishment of a joint force headquarters within the INDOPACOM area of responsibility.

Reinforcing International Alliances and Partnerships

· 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.

· Authorizes $50 million for AFRICOM’s intelligence, surveillance, and reconnaissance (ISR) and associated production, exploitation, and dissemination support.

· 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 divers