After Roe’s fall, the Pentagon has no answers for female service members

From: POLITICO's National Security Daily - Friday Jun 24,2022 08:01 pm
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By Lara Seligman, Paul McLeary, Quint Forgey and Alexander Ward

Soldiers, officers and civilian employees attend the commencement ceremony.

So far, the Pentagon does not have any policy to announce for accommodating female service members stationed in states that have outlawed abortion, officials tell NatSec Daily. | Chip Somodevilla/Getty Images

With help from Nahal Toosi

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The Supreme Court’s momentous decision to strike down Roe v. Wade today has left some service members who are set to transfer to postings in red states scrambling to find alternative positions.

But so far, the Pentagon does not have any policy to announce for accommodating female service members stationed in states that have outlawed abortion, officials tell NatSec Daily.

Female troops seeking the procedure already face steep hurdles to getting the care they need: They cannot get abortions at military medical facilities, and federal law also prevents troops from using their Tricare health insurance to cover the cost of the procedures at private facilities, unless the life of the mother is at risk due to the Hyde Amendment.

Another challenge is that women in the military can’t easily — or discreetly — leave their stations to travel to a different state to obtain the procedure.

“The biggest challenge currently is the lack of complete freedom to travel when you want to travel without having to get permission from a supervisor,” said RACHEL VANLANDINGHAM, a professor at Southwestern Law School who formerly served as an Air Force judge advocate.

“Now, women serving here stateside are going to be subject to the whims [of the states] that they are involuntarily assigned to.”

The Navy, Marine Corps and Air Force have existing policies in place to help troops transfer if they feel “unsafe or discriminated against,” report KONSTANTIN TOROPIN and THOMAS NOVELLY for Military.com.

But those rules are all up to the individual services. Defense Secretary LLOYD AUSTIN’s office is taking the lead on formulating any new policies for how female servicemembers stationed in states that have outlawed abortion can or can’t transfer elsewhere or receive the procedure, two defense officials told POLITICO.

No one wants a repeat of the last two years of service-by-service Covid policies that were confusing and in constant flux, according to one of the officials.

In an afternoon statement, Austin said that “nothing is more important to me or to this Department than the health and well-being of our Service members, the civilian workforce and DOD families. I am committed to taking care of our people and ensuring the readiness and resilience of our Force. The Department is examining this decision closely and evaluating our policies to ensure we continue to provide seamless access to reproductive health care as permitted by federal law.”

Democratic lawmakers, meanwhile, are working to shore up protections for these troops, but their effort faces stiff resistance from colleagues across the aisle.

As part of budget deliberations before the House Appropriations Committee this week, Democrats passed a measure that would effectively bar commanders from denying leave to troops who are either seeking or helping others to get an abortion, our own LAWRENCE UKENYE reports. Democrats also beat back a proposal that would have stripped the original measure from the Pentagon’s annual budget bill.

“Now is the time to empower all women to be able to make deeply personal life decisions without politicians inserting themselves into a doctor’s office,” said House Appropriations Chair ROSA DELAURO (D-Conn).

Rep. ANDY HARRIS (R-Md.) introduced an amendment to strike the military provision that would have protected troops’ access to abortions, claiming Democrats’ decision to include the protection was political. He questioned why similar leave protections weren’t included for troops seeking cancer screenings and mental health therapy.

“This is interfering in the military that this committee shouldn’t be doing,” Harris said. “This is a bill too important for this kind of politics.”

 

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The Inbox

UKRAINE SEEKING NEW SPY CHIEF: Ukrainian President VOLODYMYR ZELENSKYY is planning to replace the man he appointed to lead the country’s domestic intelligence and security agency, four officials close to the president and a Western diplomat who has advised Kyiv on reforms told our own CHRISTOPHER MILLER. Zelenskyy’s childhood friend, IVAN BAKANOV — who once ran his entertainment company, then his presidential campaign, and was subsequently appointed to oversee the Security Service of Ukraine (SBU) — is on the outs after a string of embarrassing failures in the wake of Russia’s invasion.

Some of those sources said Zelenskyy has lost faith in Bakanov and that the two men rarely speak these days, save for government business. Ensuring a smooth transition may be tricky with the war still raging, with one official telling Miller that Zelenskyy is worried about the optics of sacking someone from his inner circle. For now, much of the SBU’s daily operations are being run from the presidential office by people still in the good graces of Zelenskyy and his chief of staff, ANDRIY YERMAK.

“We are highly unsatisfied with his job and are working to get rid of him,” a top Ukrainian official close to Zelenskyy said on the condition of anonymity to talk about sensitive personnel issues. “We are not satisfied with his managerial, you know, [skills] because now you need … anti-crisis management skills like we don’t think that he has.”

Bakanov is a lanky 47-year-old who’s been at Zelenskyy’s side since the latter rose from a scrawny comedian in the industrial, south-central city of Kryvyi Rih to a muscular, war-hardened leader famous well beyond Ukraine’s borders. Bakanov’s SBU appointment in 2019 was criticized by opposition parties who said someone with his background was unfit to lead the top intelligence-gathering agency. But as one of the president’s most trusted confidants and business partners, there was little opponents could do to stop the move.

Now, some feel vindicated as criticisms of Bakanov reverberate in the halls of government and parliament. Many in Kyiv allege that he failed to respond to Russia’s invasion on Feb. 24 and properly command his behemoth department of over 30,000 agents.

The officials and the Western diplomat all said the concern is greater than just Bakanov — it’s also about the decisions of several senior agency personnel in the first hours and days of Russia’s full-scale invasion of Ukraine that may have cost the country precious territory, including the strategic city of Kherson.

Kherson was the first and so far the only major Ukrainian city captured by Russian forces since the start of the all-out invasion. It was occupied by the Russian army on March 3, seven days after Russian President VLADIMIR PUTIN launched his new offensive.

The Ukrainian officials said Russian troops were able to take Kherson so easily because of the failure on the part of SBU officials there to blow up the Antonovskiy Bridge that crosses the Dnipro river, allowing Russian troops to cruise into the city.

BOLSTERED U.S. MILITARY PRESENCE POSSIBLE IN ASIA: Our own ALEX WARD finished his week in Seoul with a lot of mandu and more meetings with South Korean officials, and what he heard is that the U.S. will “probably” send more military assets to East Asia should North Korea conduct a seventh nuclear test.

A South Korean official said such an enhanced presence is likely, assessing that there was greater than a 50 percent chance. The official didn’t elaborate, though there was an allusion to more U.S. ships, aircraft and/or submarines moving closer to the Korean peninsula in the immediate days following the test.

The sense Ward got is that the U.S., South Korea and Japan have a plan in place to push back hard on North Korea following a detonation, but the timeline and the exact nature of the response remain unclear. What is certain, though, is that South Korean officials are extremely sure a test will occur in the coming weeks and months — and it will require a forceful, though far from lethal, reprimand.

FIRST IN NATSEC DAILY — A COLD SHIFT IN FOGGY BOTTOM: The State Department-based U.S. coordinator for the Arctic region, JIM DEHART, has left that role, our own NAHAL TOOSI has learned. His duties will be assumed for now by the department’s counselor, DEREK CHOLLET.

The Arctic has become an increasingly important region due to an array of factors, including climate change, global energy needs and growing geopolitical competition between the United States, Russia and China. It’s a topic on which Washington and Moscow have in the past sought common ground. There’s a push in Congress to elevate the coordinator role to an ambassador-level position.

DeHart, a career Foreign Service officer, is heading to an academic position at the National Defense University. Chollet, meanwhile, answered a few questions from NatSec Daily about his plans for the Arctic post:

Q: What’s going to be your top priority?

A: “Clearly, we see this moment as one of strategic opportunity. I mean, this has been a priority of this administration to up our game in the Arctic, given both the challenges and opportunities we face there. [Secretary of State ANTONY BLINKEN] himself has put a lot of attention and focus on this. Last year, he participated in the Arctic Council meeting in Iceland. So we will continue to diplomatically, actively engage on this.… I sit 10 feet from the secretary, and it also is a way to ensure that this stays on his radar because it’s important for him, as well.”

Q: In theory, this is an area where the United States has cooperated with Russia, all while China is watching. How realistic is it to think that such cooperation can continue, given the war in Ukraine?

A: “We are obviously committed to peaceful cooperation in the Arctic, especially through the Arctic Council. For now, we are resuming our work in the council on projects that do not involve Russian participation. Therefore, it’s a limited resumption of our work on council projects that were already approved [and on those that] are underway that don’t involve the Russians. … This is part of our ‘no more business as usual’ campaign … and we think that this is a practical way forward. Russia, because it’s a founding member of the Arctic Council, it’s hard to remove it. But the like-minded core group of countries … had paused participation in the Arctic Council across the board just a few weeks after the invasion of Ukraine. So we’re resuming the work on previously approved projects that don’t involve Russia’s cooperation. And obviously, we are hoping that at some point there’ll be a time to cooperate with all eight Arctic states in the council. But it’s not that time to do it, given what Russia has done and is doing.”

Q: What is one thing the public needs to understand about the Arctic? 

A: “The Arctic is undergoing dramatic transformation. Obviously, the activities of Russia and [China] in the region and their efforts to gain a foothold are adding tensions, and this is a region that for many, many years — decades even — has been known for cooperation, and that is sometimes getting harder. Moreover, obviously, the Arctic is warming at a very quick rate. It’s warming three times faster than the global average, and that’s going to have huge consequences. There’s going to be economic challenges that will emerge from that. There’s going to be opportunities, of course. It’s going to have societal impacts on indigenous communities, and growing concerns in security and otherwise, and so that’s all converging in this critical region. So when we think of … our strategic interest, what’s happening in the Arctic matters quite a bit.”

IT’S FRIDAY. WELCOME TO THE WEEKEND: Thanks for tuning in to NatSec Daily. This space is reserved for the top U.S. and foreign officials, the lawmakers, the lobbyists, the experts and the people like you who care about how the natsec sausage gets made. Aim your tips and comments at award@politico.com and qforgey@politico.com, and follow us on Twitter at @alexbward and @QuintForgey.

While you’re at it, follow the rest of POLITICO’s national security team: @nahaltoosi, @woodruffbets, @politicoryan, @PhelimKine, @ChristopherJM, @BryanDBender, @laraseligman, @connorobrienNH, @paulmcleary, @leehudson, @AndrewDesiderio and @JGedeon1 — plus our summer interns, @Lawrence_Ukenye and @nicolle_liu.

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Flashpoints

RETREAT FROM SEVERODONETSK: Ukrainian forces have begun their retreat from the key eastern city of Severodonetsk, allowing them to consolidate their forces in stronger positions, a senior U.S. defense official told reporters on Friday, Seligman reports.

It’s a blow to Kyiv after weeks of battling fiercely to hold off Russian forces in the city. Severodonetsk and nearby Lysychansk are the last remaining Ukrainian strongholds in the Luhansk region.

“The planned withdrawal from [Severodonetsk], the administrative center of the Luhansk region, comes after relentless Russian bombardment that has reduced most of the industrial city to rubble and cut its population from 100,0000 to 10,000,” report the Associated Press’ DAVID KEYTON, JOHN LEICESTER and YURAS KARMANAU.

“Ukrainian troops fought the Russians in house-to-house battles before retreating to the huge Azot chemical factory on the city’s edge, where they remain holed up in its sprawling underground structures in which about 500 civilians also found refuge.”

But Moscow’s victory came at a significant cost, according to the senior U.S. defense official. Russia has had to “completely recalibrate” its strategy after failing to take Kyiv at the start of the offensive in February. Now in the Donbas, Russian forces are “just eking out inch by inch of territory here,” the official said, adding: “It’s important to reflect on the cost that Russia has paid for this very small, very incremental gain.”

Another piece of good news: Russia has so far been unable to thwart the supply of Western weapons to Ukraine, the official noted.

President JOE BIDEN on Thursday approved another $450 million in military assistance to Ukraine, including four more medium-range rocket systems; 36,000 rounds of 105mm ammunition; 18 tactical vehicles to tow 155mm artillery; 1,200 grenade launchers; 2,000 machine guns; and 18 coastal and riverine patrol boats to protect Ukraine’s waterways. This brings the amount of security assistance Washington has approved for Kyiv since Feb. 24 to $6.1 billion.

OVERHEARD AT CAFÉ MILANO: Though a POLITICO story in April called him “Washington’s least popular man” in the wake of the invasion of Ukraine, Russian Ambassador to the U.S. ANATOLY ANTONOV had a big-name dining companion for lunch Thursday at Café Milano in Georgetown: former U.S. envoy for Afghanistan ZALMAY KHALILZAD. The two were hosted by DIMITRI SIMES, president and CEO of the Center for the National Interest. Our own DANIEL LIPPMAN was at a neighboring table, overheard the conversation, and took notes on what was said.

On the war in Ukraine: The Russian ambassador agreed when Khalilzad said “we need an agreement” to end the war between Ukraine and Russia. On the prospect of a peace deal, Antonov asked Khalilzad, “What would [the U.S.] like us to give up?” Khalilzad suggested that Antonov have dinner with the Ukrainian ambassador. In an apparent reference to Russia’s false claims that neo-Nazis are running Ukraine, Antonov asked Khalilzad: “You have a lot of Jewish guys in the United States. Why are they so tolerant of what’s happening in Kyiv?”

On Zelenskyy: Antonov expressed befuddlement over the Ukrainian president and said he doesn’t “understand [Zelenskyy’s] vision for the future of Ukraine.”

On U.S.-Russia relations: “We don’t get any respect” from Washington, Antonov complained, adding that Russia “need[s] respect” and “would like [the U.S.] to respect” it. Asked what might lead to the normalization of relations with the U.S., Antonov told Khalilzad, “I cannot answer your question,” but later said Russia needed “security guarantees.”

On diplomacy : Antonov bemoaned the lack of dialogue and communication between the U.S. and Russia, comparing it unfavorably to the Cuban missile crisis, during which the U.S. and the Soviet Union continued to talk. Near the end of the lunch, Antonov said: “Zal, I would like to use your contacts and your contacts in this administration,” and Khalilzad discussed the need for a “track two” in communications between the U.S and Russia.

On a new media outlet: Simes discussed a business idea of his: starting a new TV channel in Moscow, which Khalilzad said could be “very lucrative.” Antonov joked: “Don’t forget my request to be junior partner.” (It’s not clear how serious Simes is about his idea.)

U.K. EMBASSY CANCELS EVENT OVER SCOTUS DECISION: The U.K. Embassy was promoting a public performance of the British Army Band of the Scots Guards and the U.S. Navy Ceremonial Honor Guard to celebrate the Platinum Jubilee of Queen Elizabeth II.

But shortly after the Supreme Court overturned Roe today, the embassy sent out a note to reporters: “Due to extenuating circumstances, the decision has unfortunately been made to cancel the Band of the Scots Guards event downtown at the WWI memorial this afternoon.”

Security concerns were the main reason, as the ceremony would take place near the White House, where many are set to protest or celebrate the decision, people familiar with the decision told NatSec Daily.

 

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Keystrokes

PROTECTING DATA FROM FOREIGN ADVERSARIES: A bipartisan group of senators on Thursday introduced legislation designed to address growing concerns about data brokers selling sensitive personal data to foreign adversaries like Russia and China, reports CyberScoop’s TONYA RILEY.

The bill “would create export controls for sensitive U.S. user data,” Riley writes. “Specifically, the bill would direct the secretary of Commerce to identify which types of personal data could harm U.S. national security and designate which countries would require licenses to export to or be denied as a default. Risk status would be based on a country’s privacy laws, the foreign government’s ability to compel private entities to share data and if the nation has hostile intelligence operations against the U.S.”

The bill is sponsored by Sens. RON WYDEN (D-Ore.), CYNTHIA LUMMIS (R-Wyo.), SHELDON WHITEHOUSE (D-R.I.), MARCO RUBIO (R-Fla.) and BILL HAGERTY (R-Tenn.), among others.

JUSTIN SHERMAN from the Data Brokerage Project at Duke’s Sanford School of Policy told Riley that “the legislation could push the widely unregulated data broker industry to more widely embrace know-your-customer laws and other compliance standards to make sure they’re not selling to banned actors.”

“You should have to know if the data you’re selling is going to customers tracking COVID or some Chinese front,” Sherman said.

According to Riley: “The bill only limits direct sales, which means other potential exposure, like a U.S. company using non-sanctioned foreign code or software, would not be covered. The bill also does not address foreign ownership, something already monitored by the interagency Committee on Foreign Investment in the United States.”

The Complex

NEW NATO COMMANDER CONFIRMED: Army Gen. CHRISTOPHER CAVOLI, Biden’s nominee to lead U.S. forces in Europe and be NATO’s top commander, was confirmed by the Senate on Thursday night, per our own CONNOR O’BRIEN.

Cavoli, who now commands U.S. Army forces on the continent, will succeed Air Force Gen. TOD WOLTERS as head of U.S. European Command and NATO supreme allied commander. Cavoli will assume command in a ceremony on July 1.

Testifying during his confirmation hearing, Cavoli backed NATO expansion and Finland and Sweden’s membership bids. He also said he supports NATO members boosting their defense spending beyond the current goal of 2 percent of gross domestic product set by the 2014 Wales Pledge.

Cavoli served as a Russia director on the Joint Staff at the Pentagon and also led troops in two tours in Afghanistan. The four-star general is fluent in Russian and received a master’s degree from Yale University in Russian studies.

Read more about Cavoli’s interesting background here.

INDOPACOM CHIEF TALKS CHINA CHALLENGE: In discussion today at the Foundation for Defense of Democracies, U.S. Indo-Pacific Commander JOHN AQUILINO stressed the challenges posed by China’s growing military — a buildup he called the largest since World War II — to America’s presence in the region.

“The concern for all Americans should be the pace, scale and scope that China is growing. And what does that mean with regard for a future, peaceful globe?” Aquilino said.

In addition to Aquilino’s desire to counter the increasing capabilities of China’s People’s Liberation Army by coordinating with regional partners, he reiterated the importance of the U.S. continuing to rely on its Indo-Pacific presence in Guam.

“Guam is absolutely a strategic location,” Aquilino said. “We will need to both fight for and from Guam. It will provide a variety of capabilities and support functions should we end up in some crisis situation.”

Guam is home to more than 150,000 people and houses two U.S. military bases — roughly 1,800 miles away from the Chinese mainland. The island’s strategic importance grew in value following threats from North Korea in 2017. Both the U.S. and China have recently tested offensive and defensive capabilities in the region, with China conducting three long-range rocket tests last May and the U.S. testing the Iron Dome anti-missile defense system last November.

On the Hill

HOUSE NDAA VS. SENATE NDAA: Now that both the House and Senate Armed Services committees have finalized their authorization bills for fiscal 2023, our own O’Brien and LEE HUDSON are breaking down some of the big differences between the two panels’ versions of the National Defense Authorization Act.

HASC voted to hike Biden’s $802 billion national defense proposal by $37 billion, for a total of roughly $839 billion. SASC adopted an even larger increase, $45 billion, bringing the topline to $847 billion.

Although SASC didn’t say anything about the acquisition strategy for the Air Force KC-Y “bridge tanker,” HASC approved an amendment that allows the service to sole-source the program, as long as the Air Force briefs the committee on the decision.

SASC didn’t use any of its budget boost to procure more ships for the Navy. But HASC approved $2.4 billion for an extra Constellation-class frigate, another fleet oiler and two expeditionary medical ships. HASC also included $1.2 billion to incrementally fund an extra Arleigh Burke-class destroyer.

HASC voted to keep the Boeing F/A-18 Super Hornet production line open by authorizing $660 million for eight jets. The Navy didn’t request F/A-18s in the fiscal 2023 budget submission, and SASC didn’t mention Super Hornets in its mark of the defense policy bill.

HASC voted to authorize $1 billion for the Ukraine Security Assistance Initiative, while SASC voted to authorize $800 million for the Pentagon to arm the country.

 

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Broadsides

FIRST IN NATSEC DAILY — GROUPS SAY BIDEN OWNS FAILURE IF IRAN DEAL DIES: Biden will own the Iran nuclear deal’s collapse alongside former President DONALD TRUMP if he doesn’t keep it alive, 16 groups that favor the accord argued in a letter to Biden today.

“Failure to renew the [Iran deal] will force your administration to double down on Trump’s disastrous maximum pressure strategy. Just as this strategy was a self-inflicted wound under Trump, it will be so under your watch as well,” wrote the groups — which included the Quincy Institute for Responsible Statecraft, J Street and Ploughshares Fund.

“Mr. President, it lies within your power — and it is your responsibility — to avoid this disaster and take the necessary steps for the [Iran deal] to be renewed.”

The letter comes as the European Union’s top foreign affairs official, JOSEP BORRELL, planned to visit Tehran today in a surprise visit. The hope is that the diplomat can help break the deadlock that has kept the U.S. from reentry in the accord. The biggest sticking point remains the Biden administration’s reluctance to lift the Iranian Revolutionary Guard Corps from a U.S. terror list — a key demand from Iran.

The negotiations have sputtered –– and may end altogether –– if the stalemate doesn’t end soon. Borrell hopes to change the dynamic, as do the advocacy groups pushing Biden to do whatever he can to close the deal.

“The administration faces a clear choice: restore the Iran deal by undoing Trump administration moves that were taken expressly to prevent a return to the agreement, or stay its predecessor’s course which has led to Iran being on the verge of nuclear breakout, missile attacks on U.S. troops and a surge in other threat,” said DYLAN WILLIAMS, senior vice president for policy and strategy at J Street.

Transitions

— GREG SISSON is leaving his post as chief information security officer at the Energy Department. He will begin a new, unannounced role on July 11 in which he “will have an opportunity to assist the energy sector in solving tough problems around resilience and cybersecurity,” per a LinkedIn post.

What to Read

— DAVID GIOE, The Atlantic: What a 1904 War Can Teach Vladimir Putin

— KATRIN BENNHOLD, The New York Times:Her Father Fled the Nazis. She’s the New U.S. Ambassador to Germany.

— MICHAEL SCHAFFER, POLITICO Magazine:Is the State Department Trolling Henry Kissinger?

Monday Today

— The United States Institute of Peace, 10 a.m.:Reflections from Afghan Women: The Consequences of an Unsuccessful Peace Process — with LIMA AHMAD, BELQUIS AHMADI, PALWASHA HASSAN and MUZHGAN SADAT

— The American Enterprise Institute, 11 a.m.:The Economic and Security Consequences of Great-Power Competition — with MACKENZIE EAGLEN, DEREK SCISSORS, ANTHONY VINCI and JOSEPH VOTEL

— The Wilson Center, 1:30 p.m.:Past, Present and Future of International Organization — with CAMPBELL CRAIG, TIZIANA STELLA and TRYGVE THRONTVEIT

— The SETA Foundation at Washington, D.C., 2 p.m.: The Madrid Summit: NATO’s New Strategic Concept — with KILIC KANAT, MUSTAFA KIBAROĞLU and CHARLES KUPCHAN

— The Wilson Center, 2 p.m.:Hindsight Up Front: Defining a Successful Resolution to Russia’s War in Ukraine — with MARK GREEN and KURT VOLKER

— The Brookings Institution, 2:30 p.m.: Economic Globalization After Ukraine — with HENRY FARRELL, JOSHUA P. MELTZER, CHRIS MILLER, ABRAHAM NEWMAN, NEENA SHENAI and EMILY S. WEINSTEIN

Have a natsec-centric event coming up? Transitioning to a new defense-adjacent or foreign policy-focused gig? Shoot us an email at award@politico.com or qforgey@politico.com to be featured in the next edition of the newsletter.

And thanks to our editor, Ben Pauker, who’s happy to answer for “a lot of Jewish guys in the United States.” 

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