U.S. Congress Passes National Defense Authorization Act, Launches New Plan to Deter Chinese Communists

The U.S. National Defense Authorization Act for Fiscal Year 2021 passed the House and Senate this week. The bill addresses many aspects of the Chinese Communist Party, with the new “Pacific Deterrence Program” drawing particular attention. Analysts say the new deterrence plan provides an important step in effectively deterring the Chinese Communist Party and strengthening the U.S. defense posture in Asia.

According to the Voice of America, the U.S. Senate passed the FY 2021 National Defense Authorization Act on Dec. 11 by a vote of 84 to 13. The bill was passed overwhelmingly in the House of Representatives.

The annual defense authorization law would provide a $740.5 billion defense budget in fiscal year 2021, covering everything from military pay to equipment procurement and foreign affairs. Senate Majority Leader Mitch McConnell (R-Ky.) said before the vote on the bill, “The bill will prepare our troops to deter China [the Chinese Communist Party] and present a strong posture in the Indo-Pacific region.”

New plan to deter CCP underscores shift in U.S. strategic focus

As a key component of deterring the Chinese Communist Party, the National Defense Authorization Act would launch a new Pacific Deterrence Initiative and allocate $2.2 billion for the program in fiscal year 2021 to strengthen the U.S. deterrence and defense posture in the Indo-Pacific region and deepen cooperation with allies. The new program is modeled after the European Deterrence Initiative, which was established in 2014 to assist NATO allies in dealing with Russia.

In a summary of the bill, the Senate Armed Services Committee said the Pacific Deterrence Initiative would send a strong signal to the Chinese Communist Party and any potential adversaries, as well as to U.S. allies and partners, that the United States is deeply committed to defending their interests in the region.

Zack Cooper, a defense policy fellow at the American Enterprise Institute, believes the deterrence program may be the most important piece of legislation on Asia in recent years, signaling the beginning of a shift in U.S. strategic focus.

He said, “$2 billion won’t completely shift the U.S. focus, but it’s the beginning. We’ve seen the House and Senate have a bipartisan base on this issue, and they really want to shift the U.S. focus more toward Asia. I think that’s a very important long-term signal.”

The National Defense Authorization Act calls for the Pacific Deterrence Initiative to prioritize the following activities in the Indo-Pacific region, primarily west of the International Date Line: modernize and enhance the U.S. military presence; improve logistics and maintenance capabilities and the advance deployment of equipment, munitions, fuel and other materiel; conduct joint force exercises, training, testing and innovation programs; improve infrastructure to enhance the responsiveness and resilience of U.S. forces; and build the defensive security capabilities and cooperation of allies and partners.

Sen. Jim Inhofe (R-Okla.), chairman of the Senate Armed Services Committee, and Sen. Jack Reed (D-R.I.), a senior member, wrote earlier this year that the Pacific Deterrence Initiative is designed to leave Beijing with only one conclusion: You can’t win militarily, so don’t even try.

They said the deterrence program would focus resources on critical military capability gaps, including investments in land-based long-range strike capabilities, theater missile defense, expeditionary airfield and port infrastructure, and fuel and munitions reserves, as a way to modernize combat platforms and enhance U.S. deterrence capabilities against the Chinese Communist Party in the Indo-Pacific region.

According to Timothy Heath, senior fellow for international defense at the RAND Corporation, the Pacific Deterrence Initiative is important because it marks a shift in the way the U.S. deploys and prepares for war against the Chinese Communist Party.

He said the Pacific Deterrent Program recognizes that the CCP’s military has become more lethal and that the U.S. defense program, which was based on producing combat platforms and weapons rather than being mission-driven, needs to change. The new strategy will use the mission of deterring the CCP as the driver for new military equipment procurement and capability building. It will allow the United States to manage the U.S. military presence in Asia in a more dynamic manner, such as placing greater emphasis on reducing U.S. logistical vulnerabilities, securing U.S. base options, and improving operational concepts to allow U.S. forces to fight alongside allies.

The National Defense Authorization Act requires the secretary of defense to tell Congress next February what resources are needed to achieve the goals of the Pacific Deterrent Initiative and to submit annual reports thereafter. In a report accompanying the bill, lawmakers urged the Pentagon to prioritize the Pacific Deterrent Program, for which they expect the budget to double to $5.5 billion in fiscal year 2022.

Defense Authorization Act Includes Nearly 40 Provisions for Communist China

In addition to the Pacific Deterrent Program, the FY 2021 National Defense Authorization Act contains nearly 40 provisions related to or associated with the Chinese Communist Party, covering military, technology, academia, trade and commerce, and other areas that reflect the full range of challenges posed by China. The provisions are intended to deter “malicious acts” by the Chinese Communist Party, ensure the U.S. strategic competitive advantage and protect the United States from infiltration, the lawmakers said.

For example, the bill requires the president to develop a “whole-of-government strategy” to impose costs on the Chinese Communist Party to deter its industrial espionage and large-scale theft of personal information; requires the Defense Department to establish policies and procedures to protect defense-sensitive intellectual property, technology and other information; and restricts defense industry employees and former employees from working directly for Chinese companies.

It also includes restrictions on DoD grants to U.S. colleges and universities with Confucius Institutes; requires the establishment of a list of Chinese Communist Party military-industrial enterprises operating in the United States; prohibits the export of defense equipment to the Hong Kong police; restricts Communist Party assistance from the World Bank; requires U.S. representatives in international financial institutions to seek transparency in Communist Party borrowing; and protects the U.S. supply chain and reduces over-reliance on Chinese manufacturing.

The new National Defense Authorization Act also requires the U.S. Department of Defense to consider the risks associated with the use of “at-risk” 5G or 6G networks, services and equipment, such as Huawei and ZTE, in host countries before permanently deploying new weapons, equipment and forces overseas, and the measures needed to mitigate those risks. The bill also requires the Pentagon to notify Congress 90 days in advance of any attempt to reduce the number of U.S. troops in South Korea to less than 28,500.

In addition, the National Defense Authorization Act includes support for Taiwan as a means of deterring the Chinese Communist Party, supports the continued sale of needed weapons to Taiwan, maintains Taiwan’s necessary self-defense capabilities, and builds a medical security partnership with Taiwan.

After the FY 2021 National Defense Authorization Act passes the Senate, it will need to be signed by President Trump before it can officially take effect.