House defense spending bill tees up a half-dozen confrontations between Democrats and President Trump

Border Wall: The defense bill specifically bars the president from using Department of Defense funds to construct border barriers and requires that any unobligated DOD funds that Trump used for border wall projects in the current fiscal year be returned and used for their original congressionally authorized purpose.

Border Troops: The bill would end the deployment of active, armed forces to the southern border unless costs are reimbursed by the requesting department or agency.

Transfer Authority: In response to what Democrats say was an abuse of the Pentagon’s authority to shift funds from one account to another, the bill would reduce the department’s transfer authority from the current $9.5 billion to $1.9 billion while placing additional oversight mechanisms on the department’s ability to reprogram funds.

Nuclear Tests: Following reports that the Trump administration is considering possibly resuming live nuclear testing, the bill prohibits spending any money to test new nuclear weapons, deeming such tests “unnecessary.”

Renaming Bases: The legislation also provides $1 million to the Army for the renaming of installations, facilities, roads, and streets that bear the name of Confederate leaders and officers, which is mandated in the House and Senate versions of the companion National Defense Authorization Act. Trump has threatened to veto the NDAA over the provision, which he says would erase history.

Surplus Equipment to Law Enforcement: The bill would restore Obama-era regulations over the transfer of any property of the Department of Defense to state or local law enforcement agencies to avoid providing free ‘‘military-grade’’ weapons and equipment “that could be used inappropriately during policing efforts in which people and taxpayers could be harmed.”

F-35s to Turkey: Though the United States has been working with Turkey to find a way to get the NATO ally back into the F-35 program, the House bill would bar any future transfer of F-35 fighters to Turkey because of Turkey’s purchase and deployment of S-400 air defense systems.

HEADING FOR ANOTHER CR? The Republican majority in the Senate, which is currently consumed by a debate over the size of a coronavirus relief package, has yet to tackle a defense spending bill for the fiscal year that begins Oct. 1.

The numerous differences between the House Democrats and Senate Republicans, along with the threat of a presidential veto, could set the stage for another stopgap continuing resolution or “CR,” which could push the debate past the November election.

TATA WITHDRAWS, APPOINTED TO TEMPORARY POST: Unable to secure the needed votes for Senate confirmation, Trump’s pick for the No. 3 civilian position at the Pentagon withdrew his nomination over the weekend and instead will be appointed to a lower-level policy position.

Instead of serving as undersecretary of defense for policy, which requires Senate confirmation, retired Army Brig. Gen. Anthony Tata, a former Fox News guest, will be designated as “performing the duties of” the deputy undersecretary of defense policy.

SMITH BLASTS THE MOVE: The Democratic chairman of the House Armed Services Committee immediately blasted the move as subverting the nation’s “system of checks and balances.”

“If an appointee cannot gain the support of the Senate, as is clearly the case with Tata, then the President should not put that person into an identical temporary role. This evasion of scrutiny makes our government less accountable and prioritizes loyalty over competence,” said Rep. Adam Smith in a statement.

“The vacancies at the Department of Defense, which have now hit record highs under the Trump administration, should be filled through the existing nomination and confirmation process. If confirmations cannot be completed, the President must find new, qualified people who can win the support of the Senate,” Smith said.

Good Monday morning and welcome to Jamie McIntyre’s Daily on Defense, written and compiled by Washington Examiner National Security Senior Writer Jamie McIntyre (@jamiejmcintyre) and edited by David Sivak and Tyler Van Dyke. Email here with tips, suggestions, calendar items, and anything else. Sign up or read current and back issues at DailyonDefense.com. If signing up doesn’t work, shoot us an email and we’ll add you to our list. And be sure to follow us on Twitter: @dailyondefense.

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HAPPENING TODAY: Defense Secretary Mark Esper presides over the “Promotion and Change of Responsibility Ceremony” at Conmy Hall Fort Myer, Virginia, as Army Lt. Gen. Daniel Hokanson takes over as 29th chief of the National Guard.

Hokanson takes over for Air Force Gen. Joseph Lengyel, the second chief to serve on the Joint Chiefs of Staff. The chief of the Guard Bureau became a member of the Joint Chiefs in 2012. https://www.dvidshub.net/webcast

HAPPENING TOMORROW: This year’s Aspen Security Forum will take place over three days on Tuesday, Wednesday, and Thursday. The event features an array of high-profile guests and is billed as a “free-to-access digital event.”

See some highlighted events in the Daily on Defense calendar below, and a full agenda and registration information can be found here.

NEW DIA CHIEF: The Senate has confirmed the nomination of Army Lt. Gen. Scott Berrier as the next director of the Defense Intelligence Agency. Berrier currently serves as the deputy chief of staff, U.S. Army Intelligence.

The current DIA director, Lt. Gen. Robert Ashley, will retire after more than 36 years in uniform. “I have known Scott since we were in the Military Intelligence Captain’s Career Course in 1989,” said Ashley in a statement. “Having served as a combatant command J2, J2 for all forces in Afghanistan, J2 for all forces in Korea, commander of the Army Intelligence School and Center, and most recently, as the Army senior intelligence officer, no one is more prepared to lead DIA.”

SEARCH FOR SURVIVORS ENDS: After what it said was “an extensive 40-hour search,” the Marine Corps has ended its search for Marines who were missing after their amphibious assault vehicle began to take on water and sank off the coast of San Clemente Island, California.

“The 15th MEU (Marine Expeditionary Unit) and the ARG (Amphibious Ready Group) leadership determined that there was little probability of a successful rescue given the circumstances of the incident,” said a statement issued Sunday. “All eight service members are presumed deceased.”

Of the 16 service members who participated in a routine training exercise, eight Marines were rescued, one died, and two others are in critical condition at a local hospital.

This morning, the Marine Corps identified the dead as:

• Pfc. Bryan J. Baltierra, 19, of Corona, California
• Lance Cpl. Marco A. Barranco, 21, of Montebello, California
• Pfc. Evan A. Bath, 19, of Oak Creek, Wisconsin
• U.S. Navy Hospitalman Christopher Gnem, 22, of Stockton, California
• Pfc. Jack Ryan Ostrovsky, 21, of Bend, Oregon
• Cpl. Wesley A. Rodd, 23, of Harris, Texas
• Lance Cpl. Chase D. Sweetwood, 19, of Portland, Oregon
• Cpl. Cesar A. Villanueva, 21, of Riverside, California

NORTH KOREA AT IT AGAIN: The North Korea monitoring site 38 North says that it appears the North is resuming activity at its Yongbyon Nuclear Scientific Research Center that “goes beyond a caretaker status.”

Citing its analysis of commercial satellite imagery over the past year, the group says that “the cyclical reappearance of specialized railcars and the occasional presence of a possible liquid nitrogen (LN) tanker trailer at the Uranium Enrichment Plant (UEP), suggests continued enrichment operations.”

But despite this activity, the group says that “there has been no evidence to suggest either the five megawatt reactor or the Experimental Light Water Reactor have been operating.”

INDUSTRY WATCH, PITCHING THE F-35 TO CANADA: The U.S government has submitted a formal proposal to sell the Lockheed Martin-built F-35 to Canada as Canada considers the high-tech stealth fighter to replace its aging fleet of CF-18s.

“The 5th Generation F-35 would transform the Royal Canadian Air Force fleet and deliver the capabilities necessary to safeguard Canadian skies,” said Greg Ulmer, Lockheed’s F-35 Program executive vice president. “The F-35’s unique mix of stealth and sensor technology will enable the Royal Canadian Air Force to modernize their contribution to NORAD operations, ensure Arctic sovereignty, and meet increasingly sophisticated global threats.”

The Rundown

Washington Examiner: Baltic allies not ‘reassured’ after US troop withdrawal from Germany detailed

AP: German Defense Minister: Planned U.S. Troop Withdrawal ‘Regrettable’

Washington Examiner: Ali Khamenei says Iran will not negotiate with ‘old man’ Trump

Washington Examiner: United Arab Emirates starts up ‘first peaceful nuclear energy reactor in the Arab world’

Washington Examiner: Microsoft exploring purchase of Chinese-owned TikTok after talk with Trump

CNN.com: Majority Of Schools On Military Bases Plan To Open With In Person-Classes

Portsmouth Herald: Submarines And Social Distancing Present Daunting Challenge

Washington Examiner: Army sergeant identifies himself as man who shot Black Lives Matter protester in Austin

AP: Islamic State attack on Afghan prison, killing 21, rages on

Military.com: Marine Corps Plan to Ditch Tanks Could Burden the Army, Experts Say

Forbes: Big, Ugly Dock Ship Could Replace The U.S. Navy’s Burned-Up ‘Bonhomme Richard’

Air Force Magazine: DOD, USAF Leaders Address Basing Concerns

Honolulu Star-Advertiser: Foreign Ships Converging On Hawaii For Scaled-Back RIMPAC

Military.com: Military Leaders Are Confronting A New Form Of Discrimination: Pregnancy Bias

CNN: Esper directs change to Pentagon training materials that called media adversaries and a ‘threat’

Task & Purpose: Marine Corps To Consider Promotion Of One-Star General Who Used His Aide As A Personal Servant

Task & Purpose: Navy investigating video of military dogs attacking man in Colin Kaepernick jersey during demonstration

Washington Post: Opinion: What It Will Take To Fix The Navy — And Who Can Do It

Washington Post: Robert O’Brien Opinion: President Trump is committed to defending the U.S., and Russia knows it

The Hill: Mark Esper Opinion: US military force structure changes strengthens NATO, improves deterrence against Russia

Washington Post: Alexander Vindman Opinion: Coming forward ended my career. I still believe doing what’s right matters.

Calendar

MONDAY | AUGUST 3

10:50 a.m. — Defense Secretary Mark Esper presides over the “Promotion and Change of Responsibility Ceremony” at Conmy Hall Fort Myer, Virginia, as Army Lt. Gen. Daniel Hokanson takes over as 29th chief of the National Guard. https://www.dvidshub.net/webcast/24570

11 a.m. — Heritage Foundation and the Federalist Society webinar: “Is the President Trumping Constitutional Norms?” with John Yoo, law professor at the University of California at Berkeley and author of Defender in Chief: Donald Trump’s Fight for Presidential Power; David Rivkin, partner at Baker & Hostetler LLP; and John Malcolm, vice president of the Heritage Institute for Constitutional Government. https://www.heritage.org/the-constitution/event

2 p.m. — Woodrow Wilson Center webcast: “What’s Critical? Evolving the Security Playbook for Managing Ones, Zeroes, and Everything in Between,” with Christopher Krebs, director of the DHS Cybersecurity and Infrastructure Security Agency; DHS National Risk Management Director Bob Kolasky; former Coast Guard Commandant Thad Allen, senior executive adviser at HudsonAnalytix; and Kathryn Condello, senior director of national security/emergency preparedness at CenturyLink. https://www.wilsoncenter.org/event

TUESDAY | AUGUST 4

8:15 a.m. — Space and Missile Defense Symposium with Adm. Charles Richard, commander, U.S. Strategic Command; and Vice Adm Jon Hill, director, Missile Defense Agency. https://smdsymposium.org

9 a.m. — Center for a New American Security “Virtual Fireside Chat” with Defense Secretary Mark Esper, moderated by Susanna Blume, senior fellow and director of the CNAS Defense Program. https://cnas.zoom.us/webinar/register

9 a.m. G50 Dirksen — Senate Armed Services Committee hearing on the nominations of John Whitley to be DOD director of cost assessment and program evaluation; Shon Manasco to be undersecretary of the Air Force; Michele Pearce, to be Army general counsel; and Liam Hardy to be a judge of the U.S. Court of Appeals for the Armed Forces. https://www.armed-services.senate.gov/hearings

10 a.m. — Association of the U.S. Army’s Thought Leaders webinar with L. Scott Lingamfelter, author of Desert Redleg: Artillery Warfare in the First Gulf War. Advance registration is recommended. https://info.ausa.org/e/784783/ar-Series-L-Scott-Lingamfelter

10:15 a.m. — National Defense Industrial Association conference via webcast: “Vfuze: Next-Generation Fuzing for Next-Generation Weapons Systems,” with Air Force Lt. Col. Brian Stiles, commander of the 72nd Test and Evaluation Squadron. https://www.ndia.org/-/media/sites/ndia/meetings-and-events

10 a.m. — Condoleezza Rice, former U.S. Secretary of State, interviewed by Peter Baker, chief White House correspondent at the New York Times at the Aspen Security Forum. https://www.aspensecurity2020.com/attend

11 a.m. — Center for Strategic and Budgetary Assessments virtual discussion on a report titled “Uncovering China’s Influence in Europe: How Friendship Groups Coopt European Elites,” with Toshi Yoshihara, CSBA senior fellow; and Jack Bianchi, CSBA research fellow. https://csbaonline.org/about/events/report-release

11:15 a.m. — Christian Brose, author of The Kill Chain, interviewed by David Ignatius, columnist and associate editor at the Washington Post at the Aspen Security Forum. https://www.aspensecurity2020.com/attend

12 p.m. — John Bolton, former national security adviser interviewed by Carol Lee, NBC correspondent at the Aspen Security Forum. https://www.aspensecurity2020.com/attend

1 p.m. — Kelly Craft, U.S. ambassador to the U.N. interviewed at the Aspen Security Forum. https://www.aspensecurity2020.com/attend

2:30 p.m. 106 Dirksen — Senate Armed Services Cybersecurity Subcommittee hearing on the findings and recommendations of the Cyberspace Solarium Commission, with Sen. Angus King, co-chair, Cyberspace Solarium Commission; Rep. Michael Gallagher, co-chair, Cyberspace Solarium Commission; and retired Brig. Gen. John Inglis, Commissioner, Cyberspace Solarium Commission. https://www.armed-services.senate.gov/hearings

5:30 p.m. — Scott Morrison, prime minister of Australia interviewed by Margaret Brennan, Anchor, CBS’s Face the Nation, at the Aspen Security Forum. https://www.aspensecurity2020.com/attend

WEDNESDAY | AUGUST 5

9 a.m. — Center for Strategic and International Studies webcast: “The New China Rules,” with Michael Auslin, research fellow in contemporary Asia at the Hoover Institution and author of “Asia’s New Geopolitics”; Jude Blanchette, chair in China studies at CSIS; and Seth Center, director of the CSIS History and Strategy Project. https://www.csis.org/events/online-event-new-china-rules

10:30 a.m. — United States Institute of Peace webinar: “Pakistan’s National Security Outlook,” with Moeed Yusuf, Pakistani special assistant to the prime minister on national security and strategic policy planning; former State Department Special Representative to Afghanistan and Pakistan Richard Olson, senior adviser at USIP; and Nancy Lindborg, president and CEO of USIP. https://www.usip.org/events/pakistan

11 a.m. — Carnegie Endowment for International Peace webinar: “Why Did the United States Invade Iraq?” with Robert Draper, contributing writer to the New York Times Magazine and author of To Start a War: How the Bush Administration Took America into Iraq; and former Deputy Secretary of State William Burns. https://carnegieendowment.org

12 p.m. — Brian Hook, U.S. Special Representative for Iran, interviewed by Nick Schifrin, foreign affairs and defense correspondent, PBS NewsHour at the Aspen Security Forum. https://www.aspensecurity2020.com/attend

12:30 p.m. — Wendy Sherman, former undersecretary of state for political affairs, interviewed by David Sanger, national security correspondent and senior writer, the New York Times, at the Aspen Security Forum. https://www.aspensecurity2020.com/attend

1:30 p.m. — Mark Esper, secretary of defense, interviewed by David McCormick, CEO, Bridgewater Associates, at the Aspen Security Forum. https://www.aspensecurity2020.com/attend

2 p.m. — Hoover Institution webcast: “From Huawei to Hong Kong: How the U.S. and China are Clashing Around the World,” with Sen. Marsha Blackburn, R-Tenn.; and Michael Auslin, Asia scholar at the Hoover Institution. https://www.hoover.org/events

THURSDAY | AUGUST 6

9 a.m. G50 Dirksen — Senate Armed Services Committee hearing on the nominations of Jason Abend to be DOD inspector general; Bradley Hansell to be deputy undersecretary of defense for intelligence and security; Lucas Polakowski to be assistant secretary of defense for nuclear, chemical, and biological defense programs; and Louis Bremer to be assistant secretary of defense for special operations/low-intensity conflict. https://www.armed-services.senate.gov/hearings

9:30 a.m. — Air Force Chief of Staff Gen. David L. Goldfein formally retires and is replaced by incoming Chief of Staff Gen. Charles Q. Brown Jr. The ceremony can be viewed at www.af.mil/live

9:30 a.m. — Mark Warner, ranking member, Senate Select Committee on Intelligence interviewed by David Sanger, national security correspondent and senior writer, the New York Times, at the Aspen Security Forum. https://www.aspensecurity2020.com/attend

10 a.m. — Center for Strategic and International Studies and the United States Naval Institute webcast: “The Movement Toward Greater Integration in Naval Warfare,” with Deputy Chief of Naval Operations for Warfighting Requirements and Capabilities Vice Adm. James Kilby; Lt. Gen. Eric Smith, commander of the Marine Corps Combat Development Center; and retired Vice Adm. Peter Daly, CEO of USNI. https://www.csis.org/events/online-event

10 a.m. — Middle East Institute webinar: “After Qassem Soleimani: The Islamic Republic’s Strategy for the Arab World,” with Tarek Osman, senior political counselor for the Arab World at the European Bank for Reconstruction and Development; Ariane Tabatabai, Middle East fellow in the German Marshall Fund’s Alliance for Securing Democracy; Morad Vaisibiame, journalist and editor at Radio Free Europe/Radio Liberty’s Radio Farda; and Alex Vatanka, director of the MEI Frontier Europe Initiative and Iran Program. https://www.mei.edu/events/after-qassem-soleimani

4:15 p.m. — Michele Flournoy, former U.S. undersecretary of defense for policy, interviewed by Courtney Kube, NBC News Pentagon correspondent, at the Aspen Security Forum. https://www.aspensecurity2020.com/attend

5 p.m. — Mike Brown, director, Defense Innovation Unit, and Kathleen Hicks, director, International Security Program, CSIS interviewed by Anja Manuel, director, the Aspen Strategy Group at the Aspen Security Forum. https://www.aspensecurity2020.com/attend

5 p.m. — George Mason University National Security Institute “NatSec Nightcap,” conversation with John Demers, assistant attorney general of the National Security Division at the Department of Justice, and Jamil Jaffer, NSI’s founder and executive director. https://nationalsecurity.gmu.edu/natsec-nightcap-august-6-2020/

6 p.m. — East-West Center in Washington webinar: “Japan’s Missile Defense Debates: A Multipolar World, Collective Defense, and Leadership Transition,” with Yoichiro Sato, professor at Ritsumeikan Asia Pacific University; James Schoff, senior fellow in the Carnegie Endowment for International Peace Asia Program; and Satu Limaye, director of the East-West Center. https://www.eastwestcenter.org/events