Thursday, December 2, 2021

Dems want Biden to reverse Trump’s foreign firearms sales rule

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By Alexander Ward and Quint Forgey

Presented by Lockheed Martin

With help from Nahal Toosi, Phelim Kine and Daniel Lippman.

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There's a growing inter-Democratic Party spat about the oversight of foreign firearms sales — with some in Congress accusing President JOE BIDEN of breaking a serious campaign promise.

In 2020, then-President DONALD TRUMP gave the Commerce Department export authority over commercially available weapons such as semiautomatic and sniper rifles, stripping that control away from the State Department ("military grade" weapons still fall under State's purview). Some accused the previous administration of trying to make it easier for gun manufacturers to sell their products abroad, namely because items on the Commerce Control List don't require Congressional notification, whereas goods on the United States Munitions List do.

As a result, lawmakers and their staffers complain they have little to no say so over what weapons go abroad and where. "We don't even know what they're selling," a congressional Democratic staffer told NatSec Daily. However, the rule change didn't stop the interagency review for such sales, so State could theoretically still stop a legal export over human rights concerns, for example.

Senate Foreign Relations Committee Chair BOB MENENDEZ (D-N.J.) is irate about this lack of oversight. To make his point, he blocked the confirmations of two Biden nominees: ALAN ESTEVEZ for undersecretary of Commerce's bureau of industry and security and MATTHEW AXELROD for assistant secretary for export enforcement within BIS.

He's not alone in his anger; other Democrats on the Hill want Biden to reverse Trump's policy, a move they claim he promised to do as a 2020 candidate. The president's defenders say he never made such a vow: His campaign website, when discussing how he could stop people from obtaining firearms via 3D printing, states "Biden will ensure that the authority for firearms exports stays with the State Department, and if needed, reverse a proposed rule by President Trump" (italics added).

A senior administration official told us the current approach — which hasn't changed since the Trump days — "furthers the administration's goals of more effectively securing sensitive technologies while delivering for the American people a level playing field for U.S. industry and innovation. It also honors our commitment to human rights by maintaining appropriate safeguards to regulate exports of firearms to end users of concern."

The Democratic aide complained that such a statement shows there's "no indication that they want to change or reconsider or even conduct a serious review of the Trump administration policy."

Some analysts pointed out that if Democrats don't like the current arrangement, they could pass legislation to give the authority back to State to restart required Congressional notifications. Democratic California Reps. NORMA TORRES and KATIE PORTER got a measure to fix the congressional notification problem into the House version of the National Defense Authorization Act via a slim 215 to 213 vote.

But it's that kind of close result that has other lawmakers skeptical that a bill to reverse the policy would gain enough bipartisan support to reach Biden's desk.

JEFF ABRAMSON , a senior fellow at the Arms Control Association, worries that the current policy makes the world a more dangerous place. "There are a lot more weapons now flowing to countries of concern," he told NatSec Daily, specifically citing Thailand, Mexico, the Philippines, Indonesia and the United Arab Emirates.

Per BIS data from March 9, 2020 to June 30, 2021, the U.S. has sent nearly 40,000 shipments valued nearly at $1 billion.

 

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The Inbox

FIRST IN NATSEC DAILY — INTERNATIONAL LAWMAKERS LAUNCH ANTI-CORRUPTION ALLIANCE: Members of Congress are joining counterparts in London and Brussels to launch the "Interparliamentary Alliance Against Corruption," according to a draft news release obtained by our own NAHAL TOOSI.

The effort, to be announced any day now, is the latest sign of concern in the West over the pernicious effect dirty money is having on everything from state spending to political campaigns. It also indicates a growing realization that financial systems in Western countries like the United States and Britain have helped enable the world's kleptocrats.

The alliance consists of the U.S. Caucus against Foreign Corruption and Kleptocracy, the EU Parliament Anti-Corruption Intergroup and the U.K. All-Party Parliamentary Group on Anti-Corruption and Responsible Tax. Its plans include: coordinating targeted sanctions and public visa bans, synchronizing anti-money laundering frameworks and harmonizing cross-border investigations into grand corruption, according to the draft release.

In Washington, the move has bipartisan support. "Corruption is the new communism," Rep. JOE WILSON (R-S.C.) says in the draft release. "It is the uniting force of dictators and the system they seek to export. And like communism, the USA needs to join together with its allies to defeat it."

SECDEF IN SEOUL: Speaking from the annual U.S.-South Korea Security Consultative Meeting on Thursday, Defense Secretary LLOYD AUSTIN addressed China's hypersonic weapons tests this year, arguing that Beijing's bid to refine the technology — designed to evade American missile defenses — "increases tensions in the region," per the Associated Press' HYUNG-JIN KIM and KIM TONG-HYUNG.

"We have concerns about the military capabilities that the [People's Republic of China] continues to pursue," Austin said, adding that the United States will "continue to maintain the capabilities to defend and deter against a range of potential threats from the PRC to ourselves and to our allies."

Austin's warning echoes Air Force Secretary FRANK KENDALL's assessment Tuesday — in an interview with Reuters' MIKE STONE — that the United States and China are engaged in "an arms race, not necessarily for increased numbers, but for increased quality" of hypersonic weapons. That arms race "has been going on for quite some time," Kendall said, and Beijing has "been at it very aggressively."

At their meeting in Seoul, U.S. and South Korean officials also agreed to update their joint wartime contingency plans for North Korea, per Defense One's TARA COPP. Austin said recent missile tests by Pyongyang are "increasingly destabilizing for regional security," and although the Biden administration prefers to deal diplomatically with North Korean leader KIM JONG UN's regime, the U.S. approach is "obviously backed up by a credible deterrent and military readiness."

Austin's remarks on the threats posed by Beijing and Pyongyang come after the Defense Department on Monday released the results of its 2021 Global Posture Review, which direct "additional cooperation with allies and partners to advance initiatives that contribute to regional stability and deter potential Chinese military aggression and threats from North Korea," according to the Pentagon.

TONY TALKS TOUGH WITH SERGEY: During a face-to-face showdown in Stockholm between the top American and Russian diplomats, Secretary of State ANTONY BLINKEN warned Foreign Minister SERGEY LAVROV on Thursday that Moscow would suffer Washington's wrath if it moved to invade Ukraine, per Reuters' HUMEYRA PAMUK and JOHAN AHLANDER.

Ahead of talks with Lavrov on the sidelines of a meeting of the Organization for Security and Cooperation in Europe, Blinken told reporters that "if Russia decides to pursue confrontation, there will be serious consequences." Lavrov, for his part, said Moscow was ready to begin discussions with Kyiv and asserted that Russia "[does] not want any conflicts."

In a readout of the Blinken-Lavrov conversation, State Department spokesperson NED PRICE said, in part: "Should Moscow choose the path of military escalation, the Secretary made clear that the United States and our allies are prepared to impose significant costs."

Later, at a news conference following the OSCE meeting, Blinken described his talks with Lavrov as "serious" and "sober," and said it was "likely" that Biden and Russian President VLADIMIR PUTIN "will speak directly in the near future." Asked about potential U.S. repercussions for further Russian aggression, Blinken responded: "I think Moscow knows very well the universe of what's possible."

U.K. MP TALKS BEIJING OLYMPIC BOYCOTT: Visiting British Conservative Member of Parliament TOM TUGENDHAT told reporters Wednesday that there is a consensus among U.S. officials he's spoken to about the likelihood of a diplomatic boycott of the 2022 Beijing Olympic Games.

"I've had conversations with many people and there is a pretty wide feeling that a diplomatic boycott is a sensible path to take," said Tugendhat during a briefing hosted by the Hoover Institution, per our own PHELIM KINE.

Tugendhat, who is chair of the British Parliament's Foreign Affairs Committee, is in town to gauge "the mood in the Senate and the Congress" about the Olympics during meetings with legislators including SFRC Chair Menendez. "I am strongly pushing the U.K. government to do the [diplomatic] boycott and certainly conversations I've had here suggest that there will be a lot of support for that." Tugendhat said.

Those comments are likely to add to anticipation of a diplomatic boycott of the Games following Biden's announcement last month that he is "considering" that action.

#WERUNNATSEC 5K: Reminder that NatSec Daily's first-ever 5k will happen on Saturday, Dec. 4. When most convenient for you, go out and run (at least) 3.11 miles, then share your photos using #WeRunNatSec on Twitter. We'll "see" you out there!

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Flashpoints

'REMAIN IN MEXICO' DEAL: The U.S. and Mexico have agreed to terms on the controversial Trump-era "Remain in Mexico" policy, the Department of Homeland Security announced Thursday.

The Migrant Protection Protocols, as the policy is officially known, "requires many migrants seeking asylum to stay in Mexico while awaiting their immigration hearings. The Biden administration has tried multiple times to strike down the policy, but in August, a federal judge in Texas ordered the program restored," our own CLAIRE RAFFORD reported.

"The new iteration of MPP will include several key changes, including that court proceedings would 'generally' conclude after six months, increased transparency for migrants enrolled in MPP, improved asylum proceedings and greater access to legal counsel before and during immigration interview and hearings for those in the program," Rafford wrote.

"MPP will also address 'humanitarian concerns' shared by the U.S. and Mexican governments. Migrants will have access to safe, secure shelters in Mexico, transportation to U.S. ports of entry and access to essentials like health care and work permits in Mexico. The U.S. government will also provide Covid-19 vaccines to all those affected by MPP. The program will also exclude 'particularly vulnerable individuals' from being enrolled."

The program, which could restart as early as Monday, has high-level opponents in both Biden and DHS Secretary ALEJANDRO MAYORKAS.

The program has "endemic flaws, imposed unjustifiable human costs, pulled resources and personnel away from other priority efforts, and failed to address the root causes of irregular migration," Mayorkas wrote in an Oct. 29 memo.

Keystrokes

META TAKES DOWN 'ADVERSARIAL NETWORKS': Meta — formerly known as Facebook — announced that it took down six "adversarial networks" comprising hundreds of accounts stemming from China, Palestine, Poland, Belarus, Italy, France and Vietnam.

These groups violated three of the company's rules: 1) "Coordinated Inauthentic Behavior," when groups of pages or people mislead others about who they are; 2) "Brigading," when there's a coordinated mass movement to harass a target; and 3) "Mass Reporting," when a large group tries to get content incorrectly taken off a platform.

One instance of brigading is pertinent: "We removed a network of accounts that originated in Italy and France and targeted medical professionals, journalists, and elected officials with mass harassment. Our investigation linked this activity to an anti-vaccination conspiracy movement called V_V, publicly reported to engage in violent online and offline behaviors," head of security policy NATHANIEL GLEICHER wrote in a blog post.

The Complex

HOW THE MARINES COULD FIGHT CHINA: A new U.S. Marine Corps document — "A Concept for Stand-in Forces" — details how the service and others could fend off Chinese aggressions.

What are "stand-in forces," or SIF, you ask? Per the paper, they're "low signature, mobile, relatively simple to maintain and sustain forces designed to operate across the competition continuum within a contested area as the leading edge of a maritime defense-in-depth in order to intentionally disrupt the plans of a potential or actual adversary. Depending on the situation, stand-in forces are composed of elements from the Marine Corps, Navy, Coast Guard, special operations forces, interagency, and allies and partners."

The document, signed by Marine Corps Commandant Gen. DAVID BERGER, says this concept is "applicable globally" but is most useful in the Indo-Pacific Command's area of responsibility — making clear that China is the "pacing challenge" for the U.S.

The stand-in forces, then, would in theory help the U.S. counter China's so-called "greyzone activities" by always having a nimble, ready force when needed.

They can "become an operational problem an enemy must address to achieve its goals. SIF impose costs on the enemy by presenting operationally relevant capabilities that cannot be ignored, even as their low signature, high mobility, dispersion, and use of deception make them difficult for an enemy to find and target. Their small footprint and focus on partnership make SIF less burdensome on the host nation than larger U.S. formations."

VCJCS HEARING DELAYED: The confirmation hearing for Biden's vice chair of the Joint Chiefs nominee, Adm. CHRISTOPHER GRADY, has been delayed because of the NDAA delay. The session, scheduled for Thursday, "will be rescheduled as soon as possible," the Senate Armed Services Committee released in a Wednesday night statement.

That increases the likelihood Biden won't have his second-highest military adviser in place until the new year.

 

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On the Hill

FIRST IN NATSEC DAILY –– 5 LAWMAKERS TO GET THINK TANK AWARD: A bipartisan group of five lawmakers will receive the Quincy Institute for Responsible Statecraft's 2021 "Quincy Award," per a news release exclusively obtained by NatSec Daily.

The think tank's CEO, LORA LUMPE, will present the award to Sens. MIKE LEE (R-Utah), CHRIS MURPHY (D-Conn.) and BERNIE SANDERS (I-Vt.), as well as Reps. JIM MCGOVERN (D-Mass.) and PETER MEIJER (R-Mich.).

"The annual award honors Americans whose accomplishments best exemplify the Quincy Institute's founding mission to promote ideas that move U.S. foreign policy away from endless war and toward vigorous diplomacy in the pursuit of international peace," the release reads. "Specifically, this bipartisan group of lawmakers is being recognized for their role in championing legislation that strengthens the constitutional role of Congress in exerting control over executive war powers."

"The National Security Reforms and Accountability Act in the House, and the National Security Powers Act in the Senate would require affirmative congressional approval for any future military interventions or declarations of national emergency, and for most arms sales," it continued. "This bipartisan legislation would greatly strengthen the ability of the American people through their representatives in Congress to exercise a meaningful check on executive branch decisions about war and peace."

McGovern and Meijer will be presented with the award next week on the Hill following a public discussion with Lumpe.

NDAA DEADLOCK IN SENATE: The world's greatest deliberative body just can't stop deliberating.

Per our own ANDREW DESIDERIO and HEATHER CARGYLE, "[t]he latest impasse on the long-stalled National Defense Authorization Act revolves around Sen. MARCO RUBIO (R-Fla.), who is demanding that the Senate vote on his amendment on Uyghur forced labor in China. Democrats contend that including the amendment in the NDAA would doom the entire bill."

The delay is over something so Washington wonky that it may have come straight from a "Veep" script: "Majority Leader CHUCK SCHUMER said the House Ways and Means Committee has made clear that Rubio's amendment would raise what's called a 'blue-slip' issue in the lower chamber because it raises revenue. That means that, according to the Constitution, it must originate in the House."

Speaker of the House NANCY PELOSI has sided with Schumer, and Rubio for now isn't budging.

So here we are: The annual must-pass defense bill might not pass this year at all over a revenue dispute.

Broadsides

WSJ ED BOARD WANTS TOUGHER RUSSIA POLICY: The Wall Street Journal's right-leaning editorial board is unhappy with the Biden administration's efforts to deter a Russian invasion of Ukraine.

"Mr. Putin is looking for the right time and means to make his move, and he will if he thinks the costs will be acceptable," the board wrote. "So far Mr. Putin has no reason to think they wouldn't be. Mr. Biden gave the Russian what he wanted by acceding to the Nord Stream 2 pipeline to Europe, and U.S. sanctions for Russia's SolarWinds hack weren't enough. Mr. Putin also knows the West is divided, with Germany eager to give in."

Lethal assistance requested by Ukraine is a must, "along with much more antitank weaponry in Ukraine, as tanks are critical to taking and holding territory," the editorial continued. "A surge of NATO troops to Poland would be useful, and it's too bad the alliance didn't decide to send them this week. Sending NATO military advisers and trainers to Ukraine can't be ruled out."

The nearly 100,000 Russian troops on Ukraine's border continues to rattle the U.S. and the world, with Ukrainian officials worried an invasion could happen in early 2022.

"The moment is more dangerous than most Americans realize, as Mr. Putin sizes up the will of the new Administration and Mr. Biden. Whatever Mr. Putin says, it's foolish to believe that making an invasion more costly will somehow make him more likely to carry one out," they added, urging Biden to get tougher with his Russian counterpart.

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Transitions

— LEON PANETTA — the former Defense secretary, CIA director and White House chief of staff — has joined the Global Advisory Board at the Center for Tech Diplomacy at Purdue. Other board members include DAN GOLDIN, ROBERT HORMATS and STANLEY MCCHRYSTAL.

DANIEL Q. GREENWOOD has been hired as senior vice president of defense and commerce practices at BGR Group. A retired U.S. Marine Corps colonel, Greenwood most recently was the Indo-Pacific Strategy/Posture Director at Headquarters Marine Corps.

CHARLES EDEL was named the Center for Strategic and International Studies' first Australia chair.

What to Read

— DAVID WALLACE-WELLS, The London Review of Books: "Ten Million a Year"

— TOOMAS HENDRIK ILVES and DAVID J. KRAMER, POLITICO Magazine: " Opinion: In the Russia-Ukraine Conflict, Standing Up to Putin Is Our Only Credible Option"

— ROBERT O. WORK, Proceedings: "A Slavish Devotion to Forward Presence Has Nearly Broken the U.S. Navy"

Tomorrow Today

— The Brookings Institution, 10 a.m.: "How to Address Extremism Among Veterans — with WILLIAM BRANIFF, SCOTT COOPER, CYNTHIA MILLER-IDRISS, MICHAEL E. O'HANLON and SHAWN TURNER"

— The Center for Strategic and International Studies, 10 a.m.: "Empowering NATO's Technological Edge — with RACHEL ELLEHUUS and JOHN-MIKAL STØRDAL"

— The United States Institute of Peace, 10 a.m.: "Averting a Fiscal and Humanitarian Disaster in Afghanistan — with VICKI AKEN, KATE BATEMAN, WILLIAM BYRD, ABDALLAH AL DARDARI, KHALID PAYENDA and SCOTT WORDEN"

— The American Security Project, 12 p.m.: "Addressing a Revanchist Russia — with STEVEN PIFER and EVELYN FARKAS"

— The Center for Strategic and International Studies, 2 p.m.: " Sparking a Revolution in Open Source Intelligence — with ROBERT CARDILLO, EMILY HARDING, SEAN P. ROCHE and LAUREN ZABIEREK"

— The Brookings Institution, 2:30 p.m.: "U.S.-EU Cooperation in the Indo-Pacific — with STEFANO SANNINO, WENDY SHERMAN and THOMAS WRIGHT"

 

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