Senate panel adds domestic social issues to $740B annual defense policy bill

“I never thought we would have to use the NDAA to make clear that the U.S. military shouldn’t be used as an agent of force against American citizens who are lawfully assembling. I thought that would seem obvious to everyone,” said Kaine, who added that his amendment is intended “to ensure the president can’t treat the U.S. military as his personal palace guard.”

It’s not clear how the provision squares with the long-time role of the National Guard providing support to law enforcement in times of civil strife, something Sen. Richard Blumenthal acknowledged in a tweet:

“Real teeth are needed to enforce a NDAA prohibition against using military force to suppress free speech,” the Connecticut Democrat tweeted. “I’ll continue the fight for oversight, my CIVIL Act, forcing the President to consult with Congress before use of military force against Americans.”

RENAMING ARMY BASES: While President Trump has rejected the idea out of hand, the Republican-led committee voted to accept an amendment by Massachusetts Democratic Sen. Elizabeth Warren that would begin a three-year process to rename Army facilities currently named after Confederate military leaders.

“It’s long past time to end the tributes to white supremacy on our military installations. And our work to reverse the legacy of white supremacy is just beginning,” said Warren on Twitter.

The amendment establishes a commission “to study and provide recommendations concerning the removal of names, symbols, displays, monuments, and paraphernalia that honor or commemorate the Confederate States of America.”

VETO THREAT? While White House press secretary Kayleigh McEnany said this week, “The president will not be signing legislation that renames America’s forts,” it would be difficult for Trump to veto the NDAA, which authorizes the entire $740 billion budget for defense, including a 3% pay raise for the military.

On Twitter yesterday, Trump mocked Warren and seemed to be counting on the full Senate to strip the amendment from the final bill.

“Seriously failed presidential candidate, Senator Elizabeth ‘Pocahontas’ Warren, just introduced an Amendment on the renaming of many of our legendary Military Bases from which we trained to WIN two World Wars,” he tweeted. “Hopefully our great Republican Senators won’t fall for this!”

THE NUMBERS: The NDAA authorizes a total of $740.5 billion for the fiscal year that begins Oct. 1, a top line dedicated by the Bipartisan Budget Act of 2019. Here’s the breakdown:

• Defense Department base budget: $636.4 billion
• Department of Energy base budget: $25.9 billion
• Overseas Contingency Operations budget: $69 billion
• Other defense-related activities: $9.1 billion
• Total defense expenditures: $740.5 billion

FOR YOUR READING PLEASURE: A full summary of the NDAA can be found here.

Good Friday 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.

Subscribe today to the Washington Examiner magazine and get Washington Briefing: politics and policy stories that will keep you up to date with what’s going on in Washington. SUBSCRIBE NOW: Just $1.00 an issue!

HAPPENING MONDAY — THE PENTAGON REOPENS: Starting next week, the Pentagon will slowly begin the process of returning to “normal” operations, as it moves from phase zero to phase one restrictions aimed at preventing the spread of the novel coronavirus among the building’s 23,000 workers.

“Main differences that may be seen starting Monday … are a slight increase of people in workspaces, more open entrances, and additional random testing of people entering facilities,” said a Pentagon statement.

Under the new rules:

• DOD employees are required to take their temperature before leaving home and stay at home if their temperature is 100.4 degrees.
• Random temperature checks will occur at facility entrances.
• Cloth face coverings are required when 6-foot social distancing cannot be maintained.
• No more than 10 people can gather in one place.
• Only mission-essential personnel should be returning, with no more than 40% of the workforce working in the building and at least 60% teleworking.
• Social distancing in common areas will be enforced.
• Limited food court choices will be available.

ESPER ORDERS INQUIRY: Under pressure to provide more answers to Congress about the role the National Guard played in suppressing unruly protesters last week, Defense Secretary Mark Esper has ordered Army Secretary Ryan McCarthy to conduct a full-on after-action review and report back to him by the end of next month.

“The After Action Review will specifically evaluate the National Guard’s efforts working with local and federal law enforcement across the country during the last two weeks,” the Pentagon said in a statement issued late last night.

“I have the greatest respect for, and am deeply proud of, our Soldiers and Airmen who served during this period to ensure that peaceful protestors could execute their First Amendment rights, and that they and others would not suffer from violence against themselves and their property,” said Esper. “I have full confidence in Secretary of the Army McCarthy to lead a robust review.”

FIXED BAYONETS? Among the questions posed by House Armed Services Committee Chairman Rep. Adam Smith in a June 3 letter to Esper and Joint Chiefs Chairman Gen. Mark Milley is whether the Army’s 3rd Infantry Regiment, also known as “The Old Guard,” was issued live ammunition and/or bayonets, as some reports suggest.

MILLEY’S MEA CULPA: Milley, who has received scathing criticism for allowing himself to be part of what was perceived as a political photo-op with Trump June 1, picked his recorded speech to graduates of the National Defense University to admit publicly that he made a mistake.

“As many of you saw, the result of the photograph of me at Lafayette Square last week sparked a national debate about the role of the military in civil society. I should not have been there. My presence in that moment and in that environment created a perception of the military involved in domestic politics. As a commissioned uniformed officer, it was a mistake that I have learned from, and I sincerely hope we all can learn from it,” Milley said.

“We who wear the cloth of our nation come from the people of our nation, and we must hold dear the principle of an apolitical military that is so deeply rooted in the very essence of our republic,” he added. “And this is not easy. It takes time and work and effort, but it may be the most important thing each and every one of us does every single day.”

MILLEY ON RACE: While his apology attracted the most media attention, Milley also talked about the lack of diversity in the ranks.

“While the military sets an example for civil society through our inclusiveness, we, too, have not come far enough. We all need to do better,” he told the graduates.

“For example, although the United States military has a higher proportion of African Americans serving in our ranks than in society at large, only 7% of our flag and general officers are African American. The Navy and Marine Corps have no African Americans serving above the 2-star level, and the Army has just one African American 4-star. The United States Air Force will soon swear in our first African American service chief – an achievement long overdue,” Milley said.

“We must, we can, and we will do better.” You can read the entire speech here.

US REJECTS ‘KANGAROO COURT’: Secretary of State Mike Pompeo denounced the International Criminal Court as “a kangaroo court” and said the U.S. would sancton the international body, which is investigating whether U.S. troops committed war crimes in Afghanistan.

“The ICC cannot subject Americans to arrest, prosecution, and jail,” Pompeo said at a news conference yesterday. “And even if a prosecution were to proceed, it would make a mockery of due process. There’s no requirement for unanimity for a conviction. The prosecution can rely on hearsay to obtain a conviction. There’s no real guarantee of a speedy trial. And instead of facing a jury of one’s peers, it’s a panel of judges who aren’t subject to any American accountability.”

The statement followed the signing of an executive order by Trump calling ICC claims to jurisdiction over U.S. personnel “illegitimate.”

“The United States maintains the sovereign right and obligation to properly investigate and address any of our personnel’s alleged violations of the laws of war,” said Esper. “We have a proven record of doing just that through an American justice system that is eminently capable of handling cases.”

“There is no other force more disciplined and committed to compliance with the laws of war than the United States military, which has made lasting contributions to the cause of justice and accountability in armed conflict,” he said.

NORTH KOREA REBUKES US: Frustrated by the lack of progress since Trump first met with North Korea’s leader, Kim Jong Un, in Singapore two years ago, the country’s foreign minister has described the denuclearization talks as a sham.

“The hope for improved DPRK-U.S. relations — which was high in the air under the global spotlight two years ago — has now been shifted into despair characterized by spiraling deterioration and that even a slim ray of optimism for peace and prosperity on the Korean peninsula has faded away into a dark nightmare,” said Ri Son Gwon in a statement reported by the state-run Korean Central News Agency.

“The U.S. professes to be an advocate for improved relations with the DPRK, but in fact, it is hell-bent on only exacerbating the situation,” Ri said. “Never again will we provide the U.S. chief executive with another package to be used for achievements without receiving any returns.”

NO TIMELINE FOR US TROOP WITHDRAWAL FROM IRAQ: In talks with the new Iraqi government, the U.S. has agreed in principle that it will eventually withdraw its forces from Iraq, but no timetable has been agreed upon.

“The two countries recognized that in light of significant progress towards eliminating the ISIS threat, over the coming months the U.S. would continue reducing forces from Iraq and discuss with the Government of Iraq the status of remaining forces as both countries turn their focus towards developing a bilateral security relationship based on strong mutual interests,” says the text of a joint statement on the U.S.-Iraq Strategic Dialogue released by the State Department.

“The United States reiterated that it does not seek nor request permanent bases or a permanent military presence in Iraq,” the statement says.

Earlier this week, Gen. Frank McKenzie, commander of U.S. Central Command, told a Washington think tank, “It is my belief that the government of Iraq is going to want to retain U.S. and coalition forces. And as you know, from my perspective, we’re in Iraq to finish the defeat of ISIS and to support Iraq as they finish that defeat and come to a final victory against it.”

The Rundown

Washington Examiner: Trump ally Sen. Ron Johnson will seek to block troop withdrawal from Germany

Washington Examiner: Battle brewing over removal of Capitol’s Confederate statues

Washington Examiner: Black retired major general: Trump shouldn’t defend bases ‘named after Confederate generals who betrayed our nation’’

Washington Examiner: ‘I should not have been there’: Joint Chiefs Chairman Mark Milley apologizes for appearing with Trump at Lafayette Square

Washington Examiner: US ‘deeply disappointed’ after Turkey sentences US consulate worker to more than eight years on terrorism charge

Bloomberg: U.S. Army Unit Was Issued Bayonets to Prep for D.C. Protest Duty

AP: On summit anniversary, North Korea vows to build up military

Reuters: U.S. Is ‘Trouble Maker’ In China-Canada Relationship, Chinese Envoy To Canada Says

AP: US naval buildup in Indo-Pacific seen as warning to China

Washington Post: Twitter Suspends 23,000 Accounts, Alleges Ties To China’s Communist Party

Defense One: U.S. Will Send Ukraine Another $250M in Weapons, Gear and Other Aid

Breaking Defense: Navy Kicks Off Most Advanced Wargames Since 1930s

AP: Looming US sanctions shake Syria, hasten economic meltdown

Business Insider: How U.S. Navy Submarines Carefully Smash Their Way Through Arctic Ice

Task & Purpose: Army And Marine Recruits Are Having A Hell Of A Time Getting Birth Control, And Experts Say It’s Hurting Readiness

AP: Ex–federal worker pretended to be CIA to steal millions

Calendar

FRIDAY | JUNE 12

10 a.m. — Center for Strategic and International Studies book discussion via webcast, on “The Kill Chain: Defending America in the Future of High-Tech Warfare,” with author Chris Brose, senior fellow at the Carnegie Endowment for International Peace; and Jude Blanchette, chair in China studies at CSIS. https://www.csis.org/events/online-event

2 p.m. — Cato Institute webinar: “Terrible Twos? Taking Stock of U.S.-North Korea Relations Two Years After Singapore,” Victor Cha, Korea chair at the Center for Strategic and International Studies; Suzanne DiMaggio, senior fellow at the Carnegie Endowment for International Peace; David Kang, director of the University of Southern California’s Korean Studies Institute; and Doug Bandow, senior fellow at Cato. https://www.cato.org/events

SATURDAY | JUNE 13

9:30 a.m. U.S. Military Academy at West Point — President Trump delivers the commencement address to 1,110 cadets in the West Point class of 2020. https://www.westpoint.edu/graduation2020

MONDAY | JUNE 15

10 a.m. — Association of the United States Army “Thought Leaders” livestream, with retired Army Gen. Martin Dempsey, former chairman of the Joint Chiefs of Staff and author of No Time for Spectators. https://www.bigmarker.com/ausaorg

TUESDAY | JUNE 16

5 a.m. EDT/11 a.m. CET — NATO Secretary-General Jens Stoltenberg briefs reporters ahead of the meetings of the NATO Defense Ministers taking place via teleconference June 17-18. https://www.nato.int

11 a.m. — Nextgov and Defense One webcast: “Genius Machines: AI on the Frontlines.” https://govexec.webex.com

12 p.m. Rayburn 2118 — Virtual House Armed Services Subcommittee on Military Personnel hearing: “Racial Disparity in the Military Justice System — How to Fix the Culture,” with retired Col. Don Christensen, president, Protect our Defenders; Brenda Farrell, U.S. Government Accountability Office; Lt. Gen. Charles Pede, Army judge advocate general; Vice Adm. John Hannink, Navy judge advocate general; Lt. Gen. Jeffrey Rockwell, Air Force judge advocate general; Maj. Gen. Daniel Lecce, staff judge advocate to the commandant of the Marine Corps. https://armedservices.house.gov/hearings

2 p.m. — The Mitchell Institute Aerospace Nation conversation with Shawn Barnes, performing the duties of assistant secretary for space acquisition and integration. Afterwards, a recording will be posted at https://www.mitchellaerospacepower.org/aerospace-nation.

MONDAY | JUNE 22

11 a.m. Rayburn 2118 and Cisco Webex — House Armed Services Subcommittee on Intelligence and Emerging Threats and Capabilities markup of National Defense Authorization Act (NDAA) for Fiscal Year 2021. https://armedservices.house.gov/hearings

1 p.m. Rayburn 2118 and Cisco Webex — House Armed Services Subcommittee on Strategic Forces markup of National Defense Authorization Act (NDAA) for Fiscal Year 2021. https://armedservices.house.gov/hearings

TUESDAY | JUNE 23

11 a.m. Rayburn 2118 and Cisco Webex — House Armed Services Subcommittee on Tactical Air and Land Forces markup of National Defense Authorization Act (NDAA) for Fiscal Year 2021. https://armedservices.house.gov/hearings

1 p.m. Rayburn 2118 and Cisco Webex — Subcommittee on Military Personnel markup of National Defense Authorization Act (NDAA) for Fiscal Year 2021. https://armedservices.house.gov/hearings

3 p.m. Rayburn 2118 and Cisco Webex — Subcommittee on Readiness markup of National Defense Authorization Act (NDAA) for Fiscal Year 2021. https://armedservices.house.gov/hearings

4:30 p.m. Rayburn 2118 and Cisco Webex — Subcommittee on Seapower and Projection Forces markup of National Defense Authorization Act (NDAA) for Fiscal Year 2021. https://armedservices.house.gov/hearings

TUESDAY | JUNE 30

12 p.m. — Association of the United States Army “Noon Report,” with Gen. Paul E. Funk II, commanding general, U.S. Army Training and Doctrine Command. https://www.ausa.org/events/noon-report-funk