Since returning to workplace in January 2025, the Trump administration has aggressively exercised govt authority throughout the federal authorities. In the meantime, Congress has not adequately utilized its oversight function to rein within the govt department, significantly over the Division of Protection. We have now watched these dynamics with particular curiosity, in discussions with congressional workers over payments and appropriations, and in conversations with our shoppers.
Congress adjourned on the finish of September till after the midterm elections following an unproductive summer time legislative session, significantly on overseas coverage. Whereas Congress handed a long-debated Russia sanctions invoice in September, President Donald Trump has already issued a waiver to it in Moscow’s favor. The Senate did not cross a procedural decision difficult Trump’s battle powers in Iran. Furthermore, Congress has performed little to advance the protection authorization invoice: Whereas the Home barely handed its model of the Fiscal 12 months 2027 Nationwide Protection Authorization Act in July, Senate Democrats blocked their chamber’s model of the invoice in protest over the battle with Iran in the identical month, and haven’t superior the invoice since. Not coincidentally, Republicans discover themselves dealing with vital election losses, defending their file and a traditionally unpopular president and administration amidst an ongoing battle and govt overreach.
Nowhere has govt enlargement been extra pronounced than on the Division of Protection, the place the administration has asserted broad management over protection contractors, licensed legally doubtful strikes on alleged drug smugglers, and carried out decapitation operations towards overseas regimes. Just lately, Secretary of Protection Pete Hegseth outlined much more vital expansions of division energy and lately declared he will shrink the overall/flag officer corps by 20 % regardless of bipartisan considerations. Republican leaders have largely acceded to this consolidation of govt energy, and their causes for going alongside are easy. Members of Congress largely reside in concern of their voter bases and face essentially the most threat from the president opposing them in major elections or suppressing the Republican vote normally elections, as demonstrated within the many high-profile major losses by Republican incumbents this yr following Trump endorsements of their opponents.
But whereas the file of the present Congress might appear to be continued give up to the administration’s strategic and financial targets for the navy, the small print of the present dynamic reveal a extra difficult scenario. Quietly, within the FY26 Nationwide Protection Authorization Act and within the evolving FY27 invoice, Congress has established instruments to reclaim its constitutional function in shaping U.S. protection technique — counting on process, statutory mandates, and funding choices moderately than public confrontation to take action.
Whereas Congress has to date did not defend the very limits to govt energy it authored, the approaching months will set the scene for an oversight function amid a extra difficult dynamic. With the midterm elections more and more probably to offer Democrats at the very least partial management of Congress, congressional oversight shall be difficult. The administration has introduced in response to latest statutes born of the FY26 Nationwide Protection Authorization Act that it doesn’t imagine Congress has the authority to restrict its energy or has outright refused to observe congressional path. Congress can’t legally implement its statutory necessities over a disobedient govt: It should use its constitutional powers to impose compliance by appropriations, oversight, and even impeachment.
No matter how tough, a future Congress can and will use its powers to restrict govt overreach and reassert its function in overseeing nationwide protection.
Three Visions of American Energy
Over the previous yr and a half, the Trump administration expanded govt energy and concentrated decision-making at a scale with few fashionable precedents, most prominently throughout the Division of Protection. Operationally, it executed a sequence of large-scale navy actions — together with strikes in Venezuela, expansive maritime interdictions within the Caribbean, and a sustained offensive marketing campaign towards Iran — all carried out with little congressional oversight or authorization. On the identical time, the administration pursued structural adjustments to Division of Protection management, eradicating senior civilian and uniformed leaders at an unprecedented tempo whereas advancing plans to take away extra navy leaders and merge U.S. Northern Command and Southern Command into a brand new Western Hemisphere Command. Main acquisition applications and contracts had been additionally canceled or restructured, whereas protection contractors have been subjected to heightened Division of Protection management, which can be inconsistent with present statutory and regulatory frameworks.
These shifts — and the tensions between the manager and legislative branches — had been first and most clearly mirrored within the paperwork that now outline U.S. protection technique: the 2025 Nationwide Safety Technique, the 2026 Nationwide Protection Technique, and the latest Nationwide Protection Authorization Acts.
The 2025 Nationwide Safety Technique marked a decisive narrowing of U.S. international affect. Including narrative construction to President Trump’s personal strategic instincts, it rejected post-Chilly Warfare assumptions of world primacy in favor of regional balances of energy and selective engagement in world affairs. In a break from what has traditionally been U.S. protection technique to deal with threats posed by China, Russia, Iran, and North Korea, the Nationwide Safety Technique prioritized the Western Hemisphere, homeland protection, migration management, and financial safety. China was framed as a competitor to be managed moderately than a systemic adversary threatening democratic nations, and allies had been equally considered as transactional companions: pay extra for protection or face much less U.S. dedication. Sarcastically, the administration’s battle towards Iran highlights its lack of consistency inside any strategic framework.
The 2026 Nationwide Protection Technique, directed by longtime China hawk Undersecretary of Protection for Coverage Elbridge Colby, tried to reconcile this worldview with operational realities. It continued to deal with China because the pacing navy problem and emphasised deterrence by denial, ahead posture, and coordination with allies. On the identical time, it integrated the administration’s Western Hemisphere-first priorities, producing a doc that straddled competing imperatives, aligning rhetorically with the White Home whereas preserving core components of conventional U.S. protection posture.
In distinction, Congress articulated a much more traditionally constant place of U.S. international management by funding and statutory path. The FY26 Nationwide Protection Authorization Act and associated appropriations sustained a U.S. function in worldwide stability with a globally-postured, competition-centric navy together with sturdy help for and dedication to Europe, Ukraine, and the Indo-Pacific.
The Nationwide Protection Authorization Act: Congress’ Oversight of Protection Technique
The Nationwide Protection Authorization Act has traditionally served as Congress’ car for offering path in protection technique: authorizing applications, setting toplines, and offering broad steerage on U.S. relations with allies and adversaries whereas leaving operational discretion to the manager department. Whereas the Nationwide Protection Authorization Act usually displays continuity and consensus moderately than confrontation, Congress and the president have frequently diverged prior to now on how every views nationwide safety dangers, together with disagreements over troop commitments, capabilities, and oversight. The Goldwater-Nichols Act of 1986 restructured the joint command system over Pentagon objections, the Nunn-Cohen Modification to that invoice established U.S. Particular Operations Command regardless of resistance from the providers, and post-9/11 Congresses used the payments to constrain govt discretion on detention, interrogation, and intelligence reporting.
The FY26 Nationwide Protection Authorization Act and the rising FY27 invoice develop on this assemble. Moderately than ratifying the administration’s narrower idea of American energy and exercising broad authorizations, with the latest payments, Congress has diverged from the president’s view — as was beforehand famous in one other Warfare on the Rocks article particularly highlighting Congress’ makes an attempt to verify the administration on acquisition. Strategic directives within the Nationwide Protection Authorization Acts present Congress asserting its personal judgment and intention to protect U.S. international affect, reinforce commitments to allies and companions, and maintain the Division of Protection accountable by prescriptive reporting and notification necessities on power deployment and management adjustments. In doing so, it challenges the belief that protection technique, power posture, and alliance administration are solely govt prerogatives.
Preserving U.S. International Affect & Persevering with Commitments to Allies
The FY26 Nationwide Protection Authorization Act’s Senate preface proclaims the congressional view that the USA is working in “essentially the most harmful risk atmosphere since World Warfare II,” pushed by an “axis of aggressors” — China, Russia, Iran, and North Korea — whose shared assets and targets threaten U.S. worldwide affect and safety. The FY27 Nationwide Protection Authorization Act drafts replicate an analogous perspective. The Senate govt abstract states that its singular purpose in rising protection funding is to discourage the “axis of aggressors”, noting that these nations share “ambition and weapons” with an eye fixed to weaken the USA and rupture alliances amongst democracies.
Congressional actions within the FY26 Nationwide Protection Authorization Act and the FY27 drafts associated to the Indo-Pacific area and Europe exhibit a worldwide consideration that diverges from the administration’s homeland and Western Hemisphere-focused protection methods. Congress states its “sense” within the payments that the USA should strengthen its alliances to keep up strategic benefit over China. Whereas related language has appeared in prior payments, the FY26 Nationwide Protection Authorization Act is extra insistent: mandating co-production, base integration, and industrial collaboration regardless of administration rhetoric downplaying China as a navy risk and as an alternative emphasizing transactional relationships.
Congress additionally legislated a extra traditionally constant method with commitments to NATO. Within the FY26 Nationwide Protection Authorization Act, Congress directs the Division of Protection and U.S. European Command to implement NATO’s technique for deterring Russian aggression within the Baltics, specifying the capabilities to be deployed.
Additional, regardless of the White Home’s distancing from European allies, Congress reformed protection expertise switch applications and overseas navy gross sales nicely past typical authorizing language, to permit for allies and companions to have higher entry to U.S. expertise. Part 1086 mandates a brand new division framework for defense-related expertise transfers, specifying ten required components to streamline approvals, consolidate governance, and incorporate structured enter from different companies and business. Reforms to International Army Gross sales impose clearer timelines, develop information sharing with allies and companions — significantly in AI, quantum, and autonomous methods — and require higher responsiveness to accomplice wants, together with eligibility for non-program-of-record methods and industrial options. To implement the mandates, Congress requires the Division of Protection to supply briefings, experiences, notifications, and metrics on the applications.
Taken collectively, these provisions replicate Congress asserting its oversight function by statutory mandates, funding, and entry to detailed info to institutionalize U.S. international affect and alliance integration in the direction of a globally-oriented, tech-forward protection industrial base. In these sections, Congress didn’t implement the administration view that partnerships are transactional: It bolstered the authorized framework for collaboration, expertise sharing, and joint improvement probably to reply to the advancing Chinese language risk.
Demanding Transparency and Accountability
Within the FY26 Nationwide Protection Authorization Act, Congress asserted management by the ability of the purse, embedding strategic affect over combatant command construction by freezing funds for sure restructuring efforts except the Secretary of Protection certifies to Congress that the choice serves U.S. nationwide safety pursuits. It additionally required that the division certify it consulted with allies and companions on the restructure and directed an evaluation of the U.S. navy’s capacity to function within the respective area — together with affect on coaching and main workouts and to reply to threats from China and Russia. Congress additional froze Military funds for restructuring its Joint Munitions Command and Sustainment Command except the Secretary of the Military submits a report back to the armed providers committees evaluating present and proposed buildings and impacts on readiness.
The FY26 Nationwide Protection Authorization Act tightens Congress’s grip on U.S. navy posture in Europe, freezing FY26 funds for any lower to troop ranges under 76,000 except the commander of European Command and the Secretary of Protection independently certify to Congress that such efforts serve U.S. nationwide safety. Considerably, in acknowledgement of relations with NATO, these sections additionally require session with NATO allies and related companions earlier than executing these actions. Part 1268 of the FY26 Nationwide Protection Authorization Act carries related mandates on funds if the division plans to attract down troops in South Korea under 28,500.
The Home model of the FY27 Nationwide Protection Authorization Act reaches backward, demanding that the division present its analytical foundation for each European Command posture adjustment since Jan. 20, 2025, and that the Authorities Accountability Workplace present an impartial evaluation of the division’s evaluation. The Senate model of the FY27 invoice supplies even higher path, outlining a brand new construction for unified combatant instructions, together with unified instructions for Europe and North Africa, respectively.
Lastly, Congress responded to the administration’s reshaping of Division of Protection management by creating new statutory mandates when management is eliminated or transferred, codifying its authority to scrutinize govt motion and to create a public file of division choices.
In a direct response to the February 2025 dismissals of Military, Navy, and Air Drive Choose Advocate Generals, the 2026 Nationwide Protection Authorization Act requires the Secretary of Protection to inform the armed providers committees and element the explanation for eradicating such management inside 5 days of the motion. The Secretary additionally should notify Congress if an officer is faraway from a variety board report for any purpose aside from misconduct inside thirty days of elimination and earlier than submission to the Senate’s promotion record.
Equally, beneath the FY26 invoice, if the President removes or transfers a member of the Joint Chiefs of Employees or combatant commander, he should notify Congress inside 5 days and clarify why the choice was made. The Home FY27 draft additional proposes amending U.S. Code Title 10 to require the Secretary of Protection to inform armed providers committees inside 5 days of eradicating a two-star or above common officer and embody the considerations that resulted in elimination.
What’s Completely different This Time
What distinguishes the FY26 Nationwide Protection Authorization Act and the rising FY27 Nationwide Protection Authorization Act isn’t any single provision, however the cumulative use of statutory mandates, funding fences, and detailed experiences from the division on its actions. This mixture displays a Congress that, whereas publicly deferential, is quietly reclaiming institutional floor: utilizing the authorization course of not merely to keep up protection applications, however to subtly constrain govt discretion and protect a globally postured U.S. navy aligned with its personal priorities and its imaginative and prescient of U.S. nationwide safety.
Congress has additional asserted structural management over the division, demanded visibility into management choices, directed adjustments to overseas navy acquisition and expertise transfers, and outlined its expectations in Europe and the Indo-Pacific. By requiring enter from allies and companions, unfiltered assessments from instructions, and written certification for restructures, Congress has demonstrated skepticism of the division and created real leverage. By constructing authorized preconditions for the division to behave, Congress has established itself because the gatekeeper for U.S. commitments to allies and partnerships and defended its affect over U.S. nationwide safety to incorporate a worldwide protection posture.
Will It Matter?
Whether or not Congress can assert any actual independence and exert management over the administration will depend on a easy query: whether or not it’s going to search to implement the statutory necessities it authored within the Nationwide Protection Authorization Act by oversight, and finally, funding. To date, the reply has been a transparent “no.”
One early take a look at of Congress’ resolve arrived with the firings of a number of senior leaders, together with Military Chief of Employees Gen. Randy George. Hegseth offered neither the five-day discover nor a written rationalization as Part 911 of the FY26 Nationwide Protection Authorization Act — adopted in December 2025 — mandated. On eradicating names from choice board experiences, Hegseth has been extra aggressive: In March and August 2026, Military colonels had been faraway from the brigadier common promotion record, and in September 2026, six common officers had been faraway from the two-star promotion record. Congress’ response to those actions was telling in its absence: lukewarm inquiries to Hegseth throughout his testimony over the proposed Pentagon price range with out demanding a proper rationalization for the terminations. The very provision Congress wrote to say its oversight function was ignored with out consequence.
On power posture, the division introduced it could take away roughly 5,000 U.S. troops from Germany with none rationalization for its choice and redeploy the troops to Poland, whereas planning to drag again troops made obtainable to NATO. Hegseth additionally lately recommended that troops could also be redeployed from NATO to the Western Hemisphere: according to the administration’s nationwide safety methods, however inconsistent with congressional views on protection wants. Whereas not but overstepping the FY26 Nationwide Protection Authorization Act’s requirement to supply written justification for troop ranges in Europe under 76,000, the strikes sign that Congress might quickly be confronted with one other violation.
Moreover, the Workplace of Administration and Funds offered a Assertion of Administration Coverage opposing the Nationwide Protection Authorization Act provisions limiting the administration’s discretion over overseas coverage, navy management, and power posture choices. The Workplace asserted that the statutes unduly constrain the Secretary of Protection’s capacity to handle navy management, intrude with the president’s constitutional authority as commander in chief, and will affect speedy navy response to nationwide safety crises.
With these actions, the administration has signaled it intends to disregard congressional path, both by said constitutional objections or outright noncompliance. If Congress doesn’t defend its mandates, it probably won’t implement the broader structure of Nationwide Protection Authorization Act oversight, and the manager department might proceed greedy energy with out accountability.
As famous, the explanations for congressional leaders failing to confront the administration are clear: Congressional Republicans face the best electoral threats from their most strident voters, who’ve remained largely supportive of the president. There are, nonetheless, pockets of congressional braveness.
Congress’ restricted steps in the direction of independence had been partly revealed to us within the days main as much as passage of the FY26 Consolidated Appropriations Act in February. Within the lead-up to the invoice’s passage, Congress hotly debated Division of Homeland Safety funding within the wake of high-profile shootings by Immigration and Customs Enforcement, resulting in a four-day shutdown earlier than the invoice was lastly agreed to. Beneath the general public debate, although, we witnessed a course of largely led by longtime appropriator Rep. Tom Cole (R‑Okay.) that was saved intentionally opaque till the ultimate levels, with key particulars withheld not solely from stakeholders however from the administration itself till outcomes had been locked in. Whereas appropriators have lengthy been fiercely impartial — even parochial — in funding choices, this marked a departure from a latest interval outlined by negotiations on the whims of the manager. In observe, the method functioned as a quiet affirmation of institutional energy: Congress utilizing process, moderately than public confrontation, to reassert authority over funding and strategic path.
As Congress debates the FY27 price range, appropriators are once more displaying glimpses of independence. The administration’s unprecedented $1.5 trillion price range request for the Pentagon got here in two levels: $1.15 trillion by regular appropriations, with the remaining $350 billion tagged for an additional spherical of price range reconciliation. Sen. Mitch McConnell famous that the usage of the party-line price range tactic may threaten long-term, strategic reliability for protection funding. Within the subsequent months, occasions have performed out a lot as critics predicted: Whereas the Home authorised $1.07 trillion in common appropriations for the Protection Division — the Senate has but to cross a invoice, however will most likely fund the division at related ranges — they solely offered $73 billion in a reconciliation package deal, together with for Iran Warfare funding. The Senate delayed one other reconciliation package deal completely till after the election, with even Republicans opposing it.
On the Iran Warfare, there have been equally restricted indicators of Republican pushback. The Home voted thrice to direct the administration to take away forces from hostilities with Iran. In June, such a decision handed the Senate as nicely. The administration shortly rebuffed the motion, claiming the decision lacked the power of legislation and that hostilities had ceased after the short-lived April ceasefire. A subsequent decision failed when Sen. Invoice Cassidy reversed his vote following direct lobbying from the White Home and assurances that the battle would quickly finish — demonstrating the president’s continued affect inside his social gathering.
The newest effort to finish the battle failed by simply two votes within the Senate in September, this time with seven Home Republicans and 4 Senate Republicans becoming a member of the decision and Sen. John Fetterman (D-Pa.) voting towards. Although such a decision is unlikely to power the administration to withdraw from the area, the rising opposition might replicate momentum to restrict the battle given intense public disapproval. On the marketing campaign path, a number of weak Republican candidates have made appeals to finish the battle, if solely to decrease gasoline costs for shoppers. Whereas milquetoast at greatest, these statements —mixed with rising frustration with Hegseth’s management amongst Senate Republicans — might sign renewed curiosity in limiting govt energy following a powerful electoral mandate in November.
Given present projections, Democrats are more likely to take the Home within the November elections, and more and more more likely to take the Senate as nicely. A Democratic Congress in January has been given the instruments vital to use actual oversight over the Division of Protection and the way forward for nationwide safety technique. In any case, Congress ought to step as much as its coequal function in offering for and overseeing the conduct of nationwide protection, no matter social gathering management.
What Congress Ought to Do
Congress ought to use all of the powers at its disposal to attain oversight of the division and to restrict the manager department, to attain each an efficient, long-term protection technique and a wholesome steadiness of energy within the federal authorities. A brand new Congress in January, whether or not beneath unified Democratic or divided management, could have the chance to take action utilizing the instruments it embedded in latest Nationwide Protection Authorization Acts to say its function in protection technique.
First, Congress can freeze funds. For instance, within the FY21 Nationwide Protection Authorization Act, it blocked funds for troop drawdowns in Afghanistan and mandated troop ranges in Germany in an analogous assemble to the FY26 and FY27 payments. When President Trump vetoed the invoice, Congress enacted it over the veto. If the division goes on to make use of funds towards authority, these doing so would probably violate the Anti-Deficiency Act, which — though it has by no means been prosecuted — criminalizes, amongst different issues, obligating or expending funds with out appropriation to take action. Nonetheless, with out a Division of Justice or Inspector Normal Workplace prepared to analyze, prosecute, or report violations to Congress, repercussions are unlikely.
Congress may also delay confirmations and compel testimony and knowledge utilizing subpoenas if the division fails to supply statutorily mandated notifications, experiences, or certifications. Nonetheless, if the administration continues to disregard or object to congressional directives, Congress’ choices for enforcement are restricted. Courts will probably not help lawsuits by Congress towards the administration to implement statutory language, as they often decide that members lack standing to carry the motion or that the dispute shouldn’t be a authorized difficulty however moderately a “political query.”
Even much less possible is the usage of Warfare Powers. Whereas a Democratic majority in 2027 will surely revisit the query if the battle in Iran continues, the administration has already demonstrated it could probably ignore such motion. A dispute of this sort would virtually definitely find yourself within the Supreme Court docket given claims by successive administrations since President Richard Nixon that the 1973 Warfare Powers Decision is at the very least partially unconstitutional.
Congress as an alternative wants to make use of its constitutional oversight powers: appropriations, confirmations, investigations, and even impeachment. Congress can and will prohibit funding if the administration doesn’t adjust to the statutes it has written. Members ought to deny affirmation to nominees that don’t replicate acceptable deference to Congress’ function. Democratic-controlled chambers will undoubtedly conduct investigations into the division’s conduct over the previous a number of years, even when Republicans keep management of the Senate. Lastly, Congress ought to think about impeaching officers who disobey congressional directives, as they already tried with Hegseth, together with even the president.
The latest Nationwide Protection Authorization Acts have clearly expressed congressional intent, seemingly designed to revive management over protection technique, power construction, and govt accountability. However they don’t provide political will. Whether or not Congress treats the Nationwide Protection Authorization Act and associated appropriations as instruments to regulate the manager department and to affect U.S. protection technique, or whether or not it permits its powers to fade into the background, shall be revealed within the coming months. Both manner, the subsequent Congress must take motion to say its oversight of the manager department and its imaginative and prescient of U.S. nationwide safety, as a result of it’s going to decide the way forward for U.S. nationwide safety nicely past this administration.
Margaret M. Cassidy is an lawyer advising U.S. and non-U.S. firms on federal acquisition, export controls, and mental property. She works with founders, boards, and executives to combine regulatory threat administration into development technique, international enlargement plans, and authorities partnerships. With expertise spanning startups to international enterprises, together with senior roles at Normal Electrical Transportation and PwC, Margaret has additionally served as a government-approved impartial monitor for contractors dealing with debarment and is on the Nationwide Protection Business Affiliation’s Ladies in Protection Nationwide Advisory Board.
Andrew Swick is a strategic marketing consultant and lobbyist who has spent years counseling small, medium, and Fortune 100 firms and organizations. Andrew is a graduate of Georgetown College and the U.S. Army Academy at West Level. Following his Military service, he labored as a coverage researcher in nationwide safety with the Middle for New American Safety and the Nationwide Fee on Army, Nationwide, and Public Service earlier than transitioning to authorities affairs.
Collectively, we co-edit The Protection Salon, a publication and weblog centered on acquisition, nationwide safety, and protection coverage, the place we offer a deep-dive evaluation of the FY26 Nationwide Protection Authorization Act.
**Please word, as a matter of home fashion, Warfare on the Rocks won’t use a distinct title for the U.S. Division of Protection till and except the title is modified by statute by the U.S. Congress.
Picture: SECWAR through Wikimedia Commons
