The Biden administration is moving ahead with a $23 billion arms sale to the United Arab Emirates (UAE) that was approved under the Trump administration.

“We can confirm that that the Administration intends to move forward with these proposed defense sales to the UAE, even as we continue reviewing details and consulting with Emirati officials to ensure we have developed mutual understandings with respect to Emirati obligations before, during, and after delivery,” a State Department spokesperson told The Hill. HuffPost first reported the plan.

Former President TrumpDonald TrumpBiden to move ahead with billion UAE weapons sale approved by Trump Fox News hires high-profile defense team in Dominion defamation lawsuit Associate indicted in Gaetz scandal cooperating with DOJ: report MORE first announced the sale last year after the UAE agreed to form diplomatic relations with Israel. The package includes 50 F-35 Lightning II aircraft, as many as 18 MQ-9B unmanned aerial systems, and air-to-air and air-to-ground projectiles.

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The State Department said in January it was pausing the sale so the Biden administration could review the package.

The sale had drawn ire from Democrats who have been critical of Saudi Arabia’s and the UAE’s roles in Yemen’s civil war against the Houthi rebels, which has killed thousands of civilians and led to a dire humanitarian crisis.

The State Department spokesperson maintained that the Biden administration would communicate with the UAE that the weapons must be used appropriately and that they would not be delivered until 2025 at the earliest.

“The estimated delivery dates on these sales, if implemented, are scheduled for after 2025 or later.  Thus, we anticipate a robust and sustained dialogue with the UAE to any defense transfers meet our mutual strategic objectives to build a stronger, interoperable, and more capable security partnership,” the spokesperson said.

“We will also continue to reinforce with the UAE and all recipients of U.S. defense articles and services that U.S.-origin defense equipment must be adequately secured and used in a manner that respects human rights and fully complies with the laws of armed conflict,” the spokesperson added.

Besides the UAE’s role in Yemen, lawmakers on both sides of the aisle expressed concern about the sale’s potential to erode Israel’s military advantage in the region. However, Israeli Prime Minister Benjamin NetanyahuBenjamin (Bibi) NetanyahuMORE and Defense Minister Benny Gantz said they would not oppose selling Abu Dhabi “certain weapons systems” after the U.S. vowed to provide unspecified upgrades for Israel’s armed forces.

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Former Secretary of State Colin PowellColin Luther PowellOvernight Defense: Biden makes his Afghanistan decision Colin Powell on Afghanistan: ‘We’ve done all we can do’ Is nonpartisan effectiveness still possible? MORE said Tuesday that President BidenJoe BidenIRS to roll out payments for ,000 child tax credit in July Capitol Police told not to use most aggressive tactics in riot response, report finds Biden to accompany first lady to appointment for ‘common medical procedure’ MORE’s decision to withdraw all U.S. troops from Afghanistan by September “was overdue,” even as Biden faced bipartisan criticism over the announcement.

“I wouldn’t say enough is enough,” Powell told The Washington Post. “I’d say we’ve done all we can do. … What are those troops being told they’re there for? It’s time to bring it to an end.”

Powell, a retired general who has also served as national security adviser and chairman of the Joint Chiefs of Staff, was in charge of the Bush administration State Department during the Sept. 11, 2001, attacks and the subsequent beginning of the Afghanistan war.  

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In his interview with the Post, he also mentioned how the Soviet Union withdrew its troops from Afghanistan in 1989, saying they “did it the same way.” 

“They got tired, and they marched out and back home. How long did anybody remember that?” he asked. 

Powell was one of the Republicans who backed Biden during his campaign last year against then-President TrumpDonald TrumpBiden to move ahead with billion UAE weapons sale approved by Trump Fox News hires high-profile defense team in Dominion defamation lawsuit Associate indicted in Gaetz scandal cooperating with DOJ: report MORE, including appearing at the Democratic National Convention.

Biden is expected on Wednesday to announce that he will bring all U.S. troops home from Afghanistan by the 20th anniversary of 9/11 later this year. 

The news sparked pushback from lawmakers in both parties. 

“Precipitously withdrawing U.S. forces from Afghanistan is a grave mistake. It is retreat in the face of an enemy that has not yet been vanquished and abdication of American leadership,” Minority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellMcConnell seeks to end feud with Trump Senate GOP signal they won’t filibuster debate of hate crimes bill Colin Powell on Afghanistan: ‘We’ve done all we can do’ MORE (R-Ky.) said from the Senate floor.

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A U.S. appeals court on Tuesday affirmed an earlier decision upholding Obama-era standards for Arctic Ocean and Atlantic Ocean protections.

In an April 2017 executive order, then-President TrumpDonald TrumpBiden to move ahead with billion UAE weapons sale approved by Trump Fox News hires high-profile defense team in Dominion defamation lawsuit Associate indicted in Gaetz scandal cooperating with DOJ: report MORE unwound the Obama administration’s permanent ban on offshore gas and oil drilling in the oceans.

But in 2019, the U.S. District Court for the District of Alaska ruled in favor of a coalition of conservation groups, finding that the Trump administration had overstepped its authority with the rollback. Plaintiffs in the case included the groups Earthjustice, the Natural Resources Defense Council, the Northern Alaska Environmental Center, Resisting Environmental Destruction on Indigenous Lands, the Sierra Club and The Wilderness Society.

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In its Tuesday order, the U.S. Court of Appeals for the 9th Circuit upheld an earlier decision by the U.S. District Court for the District of Alaska, noting that the Biden administration had issued an executive order revoking the Trump order.

“We lack jurisdiction to consider ‘moot questions … or to declare principles or rules of law which cannot affect the matter in issue in the case before [us],’” the ruling states. “Because the terms of the challenged Executive Order are no longer in effect, the relevant areas of the OCS [outer continental shelf] in the Chukchi Sea, Beaufort Sea, and Atlantic Ocean will be withdrawn from exploration and development activities regardless of the outcome of these appeals.”

“We welcome today’s decision and its confirmation of President Obama’s legacy of ocean and climate protection. As the Biden administration considers its next steps, it should build on these foundations, end fossil fuel leasing on public lands and waters, and embrace a clean energy future that does not come at the expense of wildlife and our natural heritage,” Earthjustice said in a statement. “One obvious place for immediate action is America’s Arctic, including the Arctic Refuge and the Western Arctic, which the previous administration sought to relegate to oil development in a series of last-minute decisions that violate bedrock environmental laws.”

Israel is standing firm in its opposition to President BidenJoe BidenTrump: McConnell ‘helpless’ to stop Biden from packing court Biden, first lady send ‘warmest greetings’ to Muslims for Ramadan The business case for child care reform MORE’s vow to rejoin the 2015 nuclear agreement with Iran that former President TrumpDonald TrumpTrump: McConnell ‘helpless’ to stop Biden from packing court Romney on NRSC awarding Trump: Not ‘my preference’ McConnell sidesteps Trump calling him ‘dumb son of a b—-‘ MORE withdrew from in 2018. 

U.S. and Iranian officials are holding indirect talks for the second week in Vienna to establish a roadmap of “mutual compliance” for both parties to return to the Joint Comprehensive Plan of Action (JCPOA), the formal name for the nuclear agreement negotiated under former President Obama.

But back-to-back mysterious attacks on an Iranian nuclear facility and a critical military ship in the Red Sea are raising concern that Israel is already undertaking a kinetic campaign of sabotage against Tehran. 

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Jerusalem has neither confirmed nor denied its role in any attack, but Israeli Prime Minister Benjamin NetanyahuBenjamin (Bibi) NetanyahuMORE has reiterated stark warnings that his country would not hesitate to eliminate Iranian threats.

“I will never allow Iran to obtain the nuclear capability to carry out its genocidal goal of eliminating Israel,” Netanyahu said Monday, ahead of a meeting with Defense Secretary Lloyd AustinLloyd AustinOvernight Defense: Biden nominating first female Army secretary | Israel gets tough on Iran amid nuclear talks | Army’s top enlisted soldier ‘very proud’ of officer pepper sprayed by police Israel gets tough with Iran as Biden signals shift from Trump Biden to nominate first female Army secretary MORE in Jerusalem. “And Israel will continue to defend itself against Iran’s aggression and terrorism.”

Netanyahu’s government has opposed the deal from the outset, warning the U.S. against reentering an agreement that he and Trump both criticized as weak and dangerous. Opponents say the deal minimally delays Iran’s path to a nuclear bomb and fails to address Tehran’s other problematic actions in the region. 

But Biden, who served as vice president in the administration that negotiated the deal, has said he views returning the U.S. to the agreement as the only way to limit Iran’s pathway to a nuclear weapon.

Administration officials are working with JCPOA signatories — the British, Europeans, Chinese and Russians — to find a pathway to lift nuclear-related sanctions imposed by Trump and verify Iran’s return to compliance with the deal’s restraints on its nuclear activities. Talks are expected to resume in Vienna on Tuesday.

At the same time, the Biden team has said they will work closely with Israel and Gulf partners to rectify criticisms that the former Obama administration alienated regional allies most at risk from Iranian threats in the original crafting of the 2015 deal.

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In a warning shot to the U.S., Netanyahu has said that Jerusalem would not hesitate in “preventing those who seek to destroy us from carrying out their plan.” 

“Even to our best friends I say: Make no mistake; an agreement with Iran that will pave their way to a nuclear weapon — a weapon that threatens to destroy us — any such agreement will not bind us one iota,” he said in a speech last week marking Holocaust Remembrance Day. 

That speech seemed to preview the Sunday attack on Iran’s Natanz nuclear facility, with Israeli media widely reporting that Israel’s Mossad spy agency targeted the facility with a cyberattack, citing unnamed sources. Israel is one of the most advanced nations in the world in terms of cybersecurity capabilities.

The incident, which damaged centrifuges at the Natanz underground nuclear facility, came a day after Iran unveiled new, advanced centrifuges installed after a similarly mysterious fire at the facility last year that was also suspected to have been caused by Israel.

It also came as Austin was arriving in Israel for his first visit since becoming Defense secretary, raising questions about what, if anything, the United States knew about the plan ahead of time. Austin demurred Monday, telling reporters he was aware of reports but had nothing to add.

“In terms of our efforts to engage Iran in diplomacy on the JCPOA, those efforts will continue, and I’m very obviously supportive of the president’s efforts to negotiate a way ahead there,” Austin said.

White House press secretary Jen PsakiJen PsakiOvernight Defense: Biden nominating first female Army secretary | Israel gets tough on Iran amid nuclear talks | Army’s top enlisted soldier ‘very proud’ of officer pepper sprayed by police Israel gets tough with Iran as Biden signals shift from Trump Shocking killing renews tensions over police MORE insisted Monday the United States was “was not involved in any manner” in the attack, saying she had “nothing to add on speculation about the causes or the impacts.”

Iran is blaming Israel, with Foreign Minister Javad Zarif saying “the Zionists want to take revenge because of our progress in the way to lift sanctions.”

“But we will take our revenge against the Zionists,” added Zarif, who also said Iran “will not allow this act of sabotage to affect the nuclear talks.”

German Foreign Minister Heiko Maas expressed concern the incident could throw off the negotiations. “All of what we are hearing from Tehran is not a positive contribution to this,” he told reporters Monday.

Kelsey Davenport, director for nonproliferation policy with the Arms Control Association, warned that the Natanz attack was a strike at international diplomacy. 

“This act of sabotage damaged not only Natanz but also the Biden administration’s plan to return to compliance with the nuclear deal,” she said in a statement. “Restoring the 2015 agreement and building on is the best way to address the risk posed by Iran’s nuclear program. The United States and Iran mustn’t let this attack derail the progress being made in Vienna.”

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The attack came one week after an Iranian ship stationed in the Red Sea suffered damage from a mine placed on its hull. The New York Times reported that Iran’s Islamic Revolutionary Guard Corps assigned blame to Israel for the attack, and an American official told the paper that Israel had warned the U.S. it carried out the operation.

Ali Vaez, the Iran project director with the International Crisis Group, said that the alleged Israeli attacks seem aimed at provoking Iran into retaliatory action against Israel or in the region that would harm diplomacy but that Tehran is unlikely to take the bait. 

“I doubt Iran will fall into this trap. But undoubtedly, such operations render compromise at the negotiating table more costly for the Iranians,” he said. 

“The real risk emerges when Iran decides to retaliate. That would be a difficult balance to strike as Iran has to respond in a way that deters Israel from conducting such operations on Iranian soil without provoking it to do even more to undermine Iran.”

Iran is intent on getting the Biden administration to lift sanctions imposed by the former Trump administration, saying all of the 1,500 punitive measures be eliminated. This would include sanctions for terrorism, human rights abuses and Tehran’s ballistic missile programs.

A senior State Department official, in a briefing with reporters last week, dismissed this demand but said the U.S. aim is to lift sanctions that are “inconsistent with the JCPOA and inconsistent with the benefits that Iran expects from the JCPOA.”

Maggie Miller contributed to this report. 

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Texas’s power provider on Tuesday asked residents and businesses to conserve electricity amid higher demand.

The Electric Reliability Council of Texas (ERCOT) said in a tweet that a combination of high generator outages and higher-than-forecasted demand from winter storms that hammered the Lone Star State may have forced ERCOT to enter emergency conditions.

“ERCOT is requesting energy conservation at this time. Consumers and businesses are urged to reduce their electricity use this afternoon and into the evening,” the grid operator said.

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ERCOT ended its appeal roughly four hours later on Tuesday without the need for declaring an emergency.

“Our energy conservation appeal has ended without the need for an energy emergency. Thank you for conserving energy when it was needed,” it said.  

The warning comes just months after winter storms led ERCOT to implement controlled blackouts across Texas to avoid damage to the state’s power grid.

ERCOT’s handling of the winter storms came under fire from state and federal officials and led to the resignations of its board members, as wells the head of the Texas Public Utility Commission.

Woody Rickerson, vice president of grid planning and operations, told reporters in a news conference on Tuesday that outages are typically higher in April due to scheduled maintenance, according to The Dallas Morning News. The news outlet noted that the number of outages was higher this year than in 2020.

ERCOT spokeswomen Leslie Sopko also said that an unspecified number of generators were still undergoing maintenance related to the storm, the newspaper reported. She added that outages for maintenance might be higher due to the generating capacity added to the grid in the last year.

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HAPPY TUESDAY!!!  Welcome to Overnight Energy, your source for the day’s energy and environment news.

Please send tips and comments to Rachel Frazin at rfrazin@thehill.com . Follow her on Twitter: @RachelFrazin . Reach Zack Budryk at zbudryk@thehill.com or follow him on Twitter: @BudrykZack . Signup for our newsletter and others HERE. 

Today we’re looking at  a re-introduced bill aiming to tackle PFAS contamination, the White House saying a gas tax won’t be part of their infrastructure plan, and Climate Envoy John KerryJohn KerryOvernight Energy: Michigan reps reintroduce measure for national ‘forever chemicals’ standard |  White House says gas tax won’t be part of infrastructure bill Kerry to visit China ahead of White House climate summit CO2 tax support is based in myth: Taxing essential energy harms more than it helps MORE’s upcoming travel to China. 

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But first…

DO YOU LIKE EVENTS? Check out The Hill’s The Sustainability Imperative (Wednesday, April 14-Friday, April 16)

Environmental sustainability is no longer optional; it’s become an imperative. Join The Hill for a national multi-day virtual event including multiple tracks of programming featuring fireside chats with policy leaders and practitioners in the sustainability ecosystem including WH Climate Advisor Gina McCarthyGina McCarthyOvernight Energy: Michigan reps reintroduce measure for national ‘forever chemicals’ standard |  White House says gas tax won’t be part of infrastructure bill The Hill’s 12:30 Report: What the J&J vaccine pause means for COVID pandemic The Hill’s Morning Report – Presented by Tax March – Biden, lawmakers start down a road with infrastructure MORE, former GE CEO Jeff Immelt, Gov. Jay InsleeJay Robert InsleeOvernight Energy: Michigan reps reintroduce measure for national ‘forever chemicals’ standard |  White House says gas tax won’t be part of infrastructure bill The Hill’s 12:30 Report: What the J&J vaccine pause means for COVID pandemic The Hill’s Morning Report – Presented by Tax March – Biden, lawmakers start down a road with infrastructure MORE, AFL-CIO President Richard Trumka, fashion designer Tracy Reese and many more. View the full schedule and RSVP today.

 

2 PFAS 2 PFURIOUS: Reps. Debbie DingellDeborah (Debbie) Ann DingellOvernight Energy: Michigan reps reintroduce measure for national ‘forever chemicals’ standard |  White House says gas tax won’t be part of infrastructure bill Mark Ruffalo joins bipartisan lawmakers in introducing chemical regulation bill Michigan reps reintroduce measure for national ‘forever chemicals’ standard MORE (D-Mich.) and Fred UptonFrederick (Fred) Stephen UptonOvernight Energy: Michigan reps reintroduce measure for national ‘forever chemicals’ standard |  White House says gas tax won’t be part of infrastructure bill Mark Ruffalo joins bipartisan lawmakers in introducing chemical regulation bill Michigan reps reintroduce measure for national ‘forever chemicals’ standard MORE (R-Mich.) have reintroduced legislation targeting so-called forever chemicals that previously passed the House, expressing optimism that the Democratic Senate is more likely to pass the measure.

The legislation would establish a national drinking water standard for perfluoroalkyl and polyfluoroalkyl substances (PFAS) and allow the Environmental Protection Agency (EPA) to clean up sites contaminated by such substances under its Superfund program.

It would also provide annual funds of $200 million toward wastewater treatment and water utility assistance.

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So, what’s new??? In a virtual press conference Tuesday, Dingell confirmed that the reintroduced bill is “identical” to the earlier version but said it would stand a better chance of becoming law in a Democratic Senate.

Read more about the bill here.

 

GAS WHO? White House says gas tax won’t be part of infrastructure bill

The White House said Tuesday that raising the federal gasoline tax is not being considered as part of President BidenJoe BidenIRS to roll out payments for ,000 child tax credit in July Capitol Police told not to use most aggressive tactics in riot response, report finds Biden to accompany first lady to appointment for ‘common medical procedure’ MORE’s infrastructure package.

White House press secretary Jen PsakiJen PsakiOvernight Energy: Michigan reps reintroduce measure for national ‘forever chemicals’ standard |  White House says gas tax won’t be part of infrastructure bill Guatemala says it didn’t sign deal with US to increase border security White House says gas tax won’t be part of infrastructure bill MORE said that a gas tax increase is not being discussed when asked about reports that Biden was considering a hike to pay for his $2.25 trillion package.

Instead: The president has proposed raising the corporate tax rate to pay for the package.

“I think that was a little bit of a garble, unintentional, but in yesterday’s meeting with members of Congress the president mentioned the gas tax only to make a point that even a significant increase in the gas tax, which some people have proposed would pay for only a fraction of the investment the country needs,” Psaki said.

Psaki added that Biden believes raising the gas tax would be burdensome to Americans.

“Now, fundamentally, he does not believe that paying for this historic investment in rebuilding our nation’s infrastructure and creating millions of jobs should be on the backs of Americans,” she said.

Read more about her remarks here. 

 

WHERE IN THE WORLD IS KERRY? Kerry to visit China ahead of White House climate summit

U.S. climate envoy John Kerry will become the first Biden administration official to visit China as the U.S. attempts to enlist the world’s top greenhouse gas emitter in efforts to reduce international emissions.

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In a statement Tuesday, a State Department spokesperson said Kerry will visit Shanghai and Seoul from April 14 to April 17 and discuss “raising global climate ambition” with South Korean and Chinese leaders.

Key timing: The trip will come days before an April 22 White House climate summit, where President Biden is set to announce the new emissions target under the Paris climate agreement. Biden reentered the pact after former President TrumpDonald TrumpBiden to move ahead with billion UAE weapons sale approved by Trump Fox News hires high-profile defense team in Dominion defamation lawsuit Associate indicted in Gaetz scandal cooperating with DOJ: report MORE withdrew the U.S. from it.

Chinese President Xi Jinping and South Korean President Moon Jae-in are among the 40 world leaders who have been invited to Washington for the meeting.

The announcement of Kerry’s meeting comes as he has emphasized the necessity of cooperation from Beijing for nations to meet emissions reduction targets. Last week, during a diplomatic trip to India, Kerry told reporters he was “hopeful [but] not confident at this point” about Chinese cooperation.

Read more about the trip here.

 

ON THE INTERIOR: Biden reportedly picks deputy Interior secretary

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President Biden will nominate Tommy Beaudreau to be second-in-command at the Interior Department, E&E News reported Tuesday. 

Sources told the news outlet that he could be nominated as soon as Wednesday. 

Beaudreau worked at the department for six years under the Obama administration, including serving as the first director of the Bureau of Ocean Energy Management, as well as acting assistant secretary for land and minerals management and chief of staff. 

 

AMERICA FIRST, COMING UP NEXT: Former Energy Secretary (and former Texas Governor, presidential candidate, etc.) Rick PerryRick PerryOvernight Energy: Michigan reps reintroduce measure for national ‘forever chemicals’ standard |  White House says gas tax won’t be part of infrastructure bill Trump alumni launch America First Policy Institute Senators urge Energy chief to prioritize cybersecurity amid growing threats MORE is among the Trump administration alumni who are part of a new group called the America First Policy Institute. Perry will head the group’s Center for Energy Independence.

Read more about the group here.

 

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ON TAP TOMORROW:

• The Senate is expected to vote on whether to confirm Brenda MalloryBrenda MalloryOvernight Energy: Michigan reps reintroduce measure for national ‘forever chemicals’ standard |  White House says gas tax won’t be part of infrastructure bill The Hill’s 12:30 Report: Biden meets with bipartisan lawmakers for infrastructure negotiations This week: Congress returns with lengthy to-do list MORE to lead the White House Council on Environmental Quality

 

WHAT WE’RE READING:

Analysis: 8 counties got half of 2020 flood claims, E&E News reports

U.S. energy secretary says state incentives could boost clean energy standard, Reuters reports

Environmental groups sue over contentious California cannabis grow, the Times-Standard reports

 

ICYMI: Stories from Tuesday…

Tensions emerge between green groups and Biden over Dakota Access Pipeline

Florida wastewater reservoir to close after leak, DeSantis says

Appeals court backs drilling protections reinstated by Biden

Michigan reps reintroduce measure for national ‘forever chemicals’ standard

White House says gas tax won’t be part of infrastructure bill

Kerry to visit China ahead of White House climate summit

Companies, European leaders call on US to halve emissions by 2030

Nearly 400 state and local officials call for ban on new fracking permits

Japan plans to dump treated water from Fukushima disaster into the ocean

 

And lastly: The world’s biggest rabbit was stolen! Truly hare-raising stuff.

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Happy Monday and welcome to Overnight Defense. I’m Rebecca Kheel, and here’s your nightly guide to the latest developments at the Pentagon, on Capitol Hill and beyond. CLICK HERE to subscribe to the newsletter.

THE TOPLINE: President BidenJoe BidenTrump: McConnell ‘helpless’ to stop Biden from packing court Biden, first lady send ‘warmest greetings’ to Muslims for Ramadan The business case for child care reform MORE has chosen an Army secretary nominee — and she would be the first woman in the job.

Biden will nominate Christine Wormuth, a former top Pentagon official, the White House announced Monday.

“Christine is a true patriot with a dedicated career in service to America and our nation’s security,” Defense Secretary Lloyd Austin said in a statement. “I have no doubt that, if confirmed, she will lead our soldiers and represent their families with honor and integrity as the secretary of the Army.” 

About her: Wormuth most recently served as the head of Biden’s Pentagon transition team, a role she took over after Deputy Defense Secretary Kathleen Hicks stepped aside to focus on her own confirmation process.

Wormuth is also currently the director of the International Security and Defense Policy Center at the RAND Corp.

She last worked at the Pentagon during the Obama administration. From 2014 to 2016, she served as under secretary of Defense for policy, considered to be the department’s third most-powerful civilian job.

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Before that, she was deputy under secretary of Defense for strategy, plans and force development from 2012 to 2014, a job that saw her lead the department’s 2014 Quadrennial Defense Review. And from 2010 to 2012, she served on the National Security Council directing defense policy and strategy.

Other nominees: In addition to Wormuth, the White House announced Biden will nominate former Rep. Gil CisnerosGilbert (Gil) Ray CisnerosMORE (D-Calif.) to be under secretary of Defense for personnel and readiness and Susanna Blume to be director of the Pentagon’s Cost Assessment and Program Evaluation (CAPE) office.

Cisneros, a Navy veteran, served in the House for one term before losing reelection last year to Rep. Young Kim (R-Calif.).

The White House statement on his nomination highlights his work on the House Armed Services and Veterans Affairs committees, including participating in discussions on the status of Latinos in the Army after the death of Vanessa Guillen.

Blume currently serves as the acting director of CAPE. Before that, she was a senior fellow and director of the defense program at the Center for a New American Security.

Congressional support: Senate Armed Services Committee Chairman Jack ReedJack ReedOvernight Defense: Biden nominating first female Army secretary | Israel gets tough on Iran amid nuclear talks | Army’s top enlisted soldier ‘very proud’ of officer pepper sprayed by police On The Money: CDC extends coronavirus eviction ban through June 30 | Biden to detail infrastructure proposal Wednesday | US won’t quickly lift Trump tariffs on China Senate panel ties on embattled Pentagon nominee MORE (D-R.I.) hailed Wormuth’s ”historic nomination.”

“Christine Wormuth has dedicated her distinguished career to public service and safeguarding the nation,” Reed said in a statement. “She brings experience, expertise, and strategic vision to this new role, having served in senior level positions throughout the Department of Defense and the NSC.”

In a separate statement, Reed also congratulated Cisneros, Blume and three other nominees the White House announced earlier this month and said the committee would hold confirmation hearings “once we get their official paperwork.”

THE MYSTERIOUS CASE OF THE NATANZ NUCLEAR FACILITY

Back-to-back mysterious attacks on an Iranian nuclear facility and a critical military ship in the Red Sea are raising concern that Israel is undertaking a kinetic campaign of sabotage against Tehran as the Biden administration works to rejoin the 2015 nuclear deal with Iran.

Jerusalem has neither confirmed nor denied its role in any attack, but Israeli Prime Minister Benjamin NetanyahuBenjamin (Bibi) NetanyahuMORE has reiterated stark warnings that his country would not hesitate to eliminate Iranian threats.

“I will never allow Iran to obtain the nuclear capability to carry out its genocidal goal of eliminating Israel,” Netanyahu said Monday, ahead of a meeting with Austin in Jerusalem. “And Israel will continue to defend itself against Iran’s aggression and terrorism.”

What happened: Iran is blaming Israel for an attack at its Natanz nuclear facility that damaged centrifuges.

Israeli media is also widely reporting that Israel’s Mossad spy agency targeted the facility with a cyberattack, citing unnamed sources. Israel is one of the most advanced nations in the world in terms of cybersecurity capabilities.

The incident came a day after Iran unveiled new, advanced centrifuges installed after a similarly mysterious fire at the facility last year that was also suspected to have been caused by Israel.

Timing: U.S. and Iranian officials are holding indirect talks for the second week in Vienna to establish a roadmap of “mutual compliance” for both parties to return to the Joint Comprehensive Plan of Action (JCPOA), the formal name for the nuclear agreement negotiated under former President Obama.

The attack came one week after an Iranian ship stationed in the Red Sea suffered damage from a mine placed on its hull. The New York Times reported that Iran’s Islamic Revolutionary Guard Corps assigned blame to Israel for the attack, and an American official told the paper that Israel had warned the U.S. it carried out the operation.

US distances itself: The incident at Natanz also came as Austin was arriving in Israel for his first visit since becoming Defense secretary, raising questions about what, if anything, the United States knew about the plan ahead of time. Austin told reporters Monday he was aware of reports but had nothing to add.

“In terms of our efforts to engage Iran in diplomacy on the JCPOA, those efforts will continue, and I’m very obviously supportive of the president’s efforts to negotiate a way ahead there,” Austin said.

White House press secretary Jen Psaki insisted Monday the United States was “was not involved in any manner” in the attack, saying she had “nothing to add on speculation about the causes or the impacts.”

ARMY’S TOP SOLDIER PRAISES OFFICER PEPPER SPRAYED BY POLICE

The Army’s senior enlisted soldier spoke out Monday in support of Caron Nazario, the Black and Latino Army second lieutenant who was pepper sprayed during a traffic stop in Virginia last year.

“Like many of you, I was concerned by the video of LT Nazario’s traffic stop in December,” Sgt. Maj. of the Army Michael Grinston tweeted Monday. “He represented himself and our Army well through his calm, professional response to the situation – I’m very proud of him.”

Grinston added that while he can’t comment on ongoing litigation, he has “been assured” Nazario “is receiving the support from his leadership he needs during this time.”

“Situations like this are what I want Soldiers to discuss,” Grinston continued. “This is the reality that some of our Soldiers still face. As a Leader, you should know that and be willing to have conversations about how events like this impact your teams.”

Earlier: Nazario’s story rose to national prominence over the weekend after news outlets reported on a lawsuit he recently filed against two officers from the Windsor, Va., Police Department and published body camera footage of the December traffic stop.

The footage shows the officers drawing their guns on Nazario, who was wearing a camouflage Army uniform, while shouting at him to get out of the car after he pulled over in a gas station.

Nazario repeatedly asked “what’s going on?” One of the officers, Joe Gutierrez, responded, “what’s going on is you’re fixing to ride the lightning, son,” an apparent reference to execution by electric chair.

When Nazario told the officers that he’s “honestly afraid to get out,” Gutierrez replied, “yeah, you should be!”

The footage also shows Gutierrez repeatedly pepper spraying Nazario.

Gutierrez fired: After the story broke and Virginia Gov. Ralph Northam (D) directed state police to conduct an independent investigation into the incident, the Windsor Police Department announced it fired Gutierrez.

In a statement Sunday night, the Windsor Police Department said it conducted an investigation into Gutierrez’s use of force and determined that department policy “was not followed.”

“At the conclusion of this investigation, it was determined that Windsor Police Department policy was not followed,” the department wrote in a statement.

ON TAP FOR TOMORROW

House Armed Services Committee Chairman Adam SmithDavid (Adam) Adam SmithOvernight Defense: Biden nominating first female Army secretary | Israel gets tough on Iran amid nuclear talks | Army’s top enlisted soldier ‘very proud’ of officer pepper sprayed by police Bernie Sanders goes after Elon Musk for wanting to explore space OVERNIGHT DEFENSE: Pentagon unveils policies reversing Trump’s transgender ban l Top US military officer calls Russia, Ukraine over ‘concerns’ about troop buildup MORE (D-Wash.) will speak about “The Future of Defense Spending: Strategic Choices and Hard Tradeoffs” at 9 a.m. at a virtual event hosted by the Reagan Foundation. https://bit.ly/3dVFXi9

Gen. Stephen Lyons, commander of U.S. Transportation Command, and Gen. Tod Wolters, commander U.S. European Command, will testify before the Senate Armed Services Committee at 9:30 a.m. https://bit.ly/3t92ApM

The Senate Appropriations Committee’s defense subcommittee will hold a hearing on Defense Department innovation and research at 10 a.m. https://bit.ly/3g4Uj2t

ICYMI

— The Hill: Pentagon insists vaccine rollout a success despite spotty data

— The Hill: Biden to nominate former NSA deputy director to serve as cyber czar

— The Hill: G-7 urges Russia to stop ‘provocations’ on Ukraine

— The Hill: Blinken, NATO chief discuss ‘immediate need’ for Russia to cease ‘aggressive’ military buildup

— The Hill: Opinion: White House budget plan is bad news for national defense goals

— The Hill: Opinion: Biden’s pragmatic play on North Korea

— Army Times: Army didn’t prosecute NCO accused of rape. So he did it again. And again

— Washington Post: Pentagon leaders have opposed plans overhauling the military system for trying sexual assault for years. Has the time come for change?

— Huffington Post: The military says it’s confronting extremism. A prominent white nationalist just finished boot camp.

— Task and Purpose: Hey, UFOs that keep buzzing Navy ships: Are you from China?

Happy Friday and welcome to Overnight Defense. I’m Rebecca Kheel, and here’s your nightly guide to the latest developments at the Pentagon, on Capitol Hill and beyond. CLICK HERE to subscribe to the newsletter.

THE TOPLINE: President BidenJoe BidenBiden taps California workplace safety leader to head up OSHA Romney blasts end of filibuster, expansion of SCOTUS US mulling cash payments to help curb migration MORE’s barebones first budget outline is out, and defense is getting a few extra dollars.

Biden’s proposal calls for $753 billion for the overall defense budget. Of that, $715 billion would go to the Pentagon.

A $753 billion defense budget would be a modest increase over this year’s $740 billion, as would a $715 billion Pentagon budget compared to this year’s $704 billion.

There’s not much more detail for now about what the money would go toward, but the document released by the White House on Friday highlights priorities including competing with China, investing in the Navy fleet, continuing nuclear modernization and mitigating the effects of climate change on Defense Department facilities.

Bye-bye, OCO: One big change the proposal calls for is the elimination of the Overseas Contingency Operations (OCO) account. The money that has been in the account would instead go into the base defense budget.

OCO was meant to be an emergency war fund, but critics on both sides of the aisle said it has been increasingly used as a slush fund to skirt a budget caps law since it was not subject to the caps.

The law that set those caps expired this year, ending the need to use OCO to get around it.

Jeers: There were many.

For Republicans, the proposal was not high enough.

In a joint statement, Senate Majority Leader Mitch McConnell (R-Ky.) and the top Republicans on the Senate Armed Services, Intelligence, Budget and Appropriations committees said the proposed budget sends “a terrible signal not only to our adversaries in Beijing and Moscow, but also to our allies and partners.”

“President Biden recently said, ‘If we don’t get moving, [China] is going to eat our lunch,’” McConnell and Republican Sens. Jim Inhofe (Okla.), Marco Rubio (Fla.), Lindsey Graham (S.C.) and Richard Shelby (Ala.) said in the statement.

“Today’s budget proposal signals to China that they should set the table. While President Biden has prioritized spending trillions on liberal wish list priorities here at home, funding for America’s military is neglected.”

For progressives, the request was too high.

Senate Budget Committee Chairman Bernie Sanders (I-Vt.) expressed “serious concerns” with the defense request.

“At a time when the U.S. already spends more on the military than the next 12 nations combined, it is time for us to take a serious look at the massive cost overruns, the waste and fraud that currently exists at the Pentagon,” Sanders said in a statement.

Cheers: At least one top Democrat with oversight of the defense budget indicated she believes the request is on the right track.

“The proposed 1.5 percent increase for the Department of Defense will sustain readiness and modernization while we also focus on divesting from ineffective legacy programs and eliminating wasteful spending,” Rep. Betty McCollum (D-Minn.), who chairs the House Appropriations Committee’s defense subcommittee, said in a statement.

Stay tuned: A more detailed budget request that specifies what those billions of dollars will buy is expected later this spring.

And the criticism from the left and right points to a tough brawl ahead in Congress over the defense budget.

PENTAGON MOVES TOWARD NEW SCREENING FOR EXTREMISTS

Defense Secretary Lloyd AustinLloyd AustinOvernight Defense: Biden proposes 3B defense budget | Criticism comes in from left and right | Pentagon moves toward new screening for extremists The paradox of US-India relations Pentagon chief to visit Europe, Israel amid tensions with Russia, Iran MORE is moving to set up new screening procedures at the Pentagon as part of an effort to weed out extremists in the military, according to a memo released Friday.

The immediate steps include setting up a working group tasked with finding ways to address the issue as well as launching a study on extremist behavior in the ranks, Austin wrote in the memo.

The Pentagon chief said he wants the working group to review and update the military’s definition of extremism, create standardized questionnaires to screen recruits with current or previous extremist behavior, and come up with new training and procedures for veterans to deflect and report the targeting of them by extremist groups after they leave service. 

Context: Friday’s memo comes after Austin ordered a 60-day, force-wide stand down in early February to address extremism in the military after the deadly Jan. 6 insurrection at the Capitol by supporters of former President Trump.

The stand-down order sought to gain a clearer picture, and service secretaries met with Austin earlier on Friday to provide their recommendations.

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“One consistent thing that he did hear was that the force wants better guidance…about what extremist activity really is,” Pentagon press secretary John Kirby told reporters on Friday.

“Anecdotally, the service secretaries shared with him what bubbled up from the ranks … that in many but not all cases people did express that they understand that this is a problem that some of them have experienced personally.”

Banning membership? One major obstacle preventing Pentagon officials from getting a handle on the problem is a 2012 Defense policy that doesn’t prohibit a service member from joining groups with more extreme or violent ideology as long as they don’t actively participate in fundraising, recruiting, demonstrating at a rally, training, organizing or distributing material — allowing such troops to often go unnoticed.

Friday’s actions did not go as far as banning current service members from being members of such organizations, but Kirby said it was “something that the secretary has indicated that he wants the working group to look at.”

POW/MIA FLAG BACK ATOP WHITE HOUSE

The White House has returned the prisoner-of-war/missing-in-action (POW/MIA) flag to its previous position atop the White House residence, after it was moved to a different location on the White House grounds during the Trump administration.

“In keeping with the president and first lady’s commitment to honor the sacrifices of all those who serve, including veterans, their families, caregivers, and survivors, the president and first lady have restored the POW-MIA flag to its original location on top of the White House residence,” press secretary Jen Psaki told reporters at a briefing Friday afternoon.

Background: Former President Trump signed a law in 2019 that mandated the flag be displayed with the U.S. flag at designated federal locations, including the White House. The flag was flown at the White House for some time but moved to another location on the grounds and was apparently never returned last year.

Bipartisan push: Friday’s move followed a bipartisan push for the POW/MIA flag to be restored to its former location. Sens. Maggie Hassan (D-N.H.), Elizabeth Warren (D-Mass.) and Tom Cotton (R-Ark.) wrote to President Biden days after he took office asking that the flag be returned to the top of the White House.

ON TAP FOR MONDAY

Army Chief of Staff Gen. James McConville will speak at a virtual Washington Post event at noon. https://wapo.st/39Z1KEy

Lt. Gen. R. Scott Dingle, surgeon general of the Army, will participate in the Association of the U.S. Army’s Noon Report webinar at noon. https://bit.ly/3wC0bpI

ICYMI

— The Hill: US sending two warships to Black Sea as Russia builds up forces in Ukraine

— The Hill: Pentagon responds to officer being charged with 2nd-degree murder

— The Hill: GOP lawmakers block Biden assistance to Palestinians

— The Hill: Biden proposes 12 percent increase for State Department budget

— Military Times: VA staffer used medical records to stalk and harass female vet, lawmakers demand reforms

— Foreign Policy: The Sullivan Model

— Associated Press: India objects to U.S. Navy ship’s patrol without consent

— Washington Post: Iraq’s anti-American militias aren’t just Iranian proxies. That helps explain their troubles.

A decision by the Food and Drug Administration and the Centers for Disease Control and Prevention (CDC) to pause administration of a new coronavirus vaccine developed by Johnson & Johnson is raising concerns among public health experts that it will impede vaccine acceptance across the country.

In a statement Tuesday morning, top scientists at the FDA and CDC cited six cases of cerebral venous sinus thrombosis, developed in women between the ages of 18 and 48 years old between six and 13 days after they received the Johnson & Johnson vaccine.  

The CDC will convene its Advisory Committee on Immunization Practices on Wednesday to review the facts of the cases, and FDA will conduct its own review. But in the meantime, the two agencies recommended hitting the brakes on the shot “out of an abundance of caution.”

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The decision is the second major setback for coronavirus vaccines that use an adenovirus structure to teach a body’s immune system to recognize and combat the SARS-CoV-2 virus that causes Covid-19.

It follows pauses of another adenovirus-based vaccine, developed by AstraZeneca and Oxford University, in the European Union and many of its member states. 

The European Union’s top drug regulator said last week it was looking into potential clots in four people who had received the Johnson & Johnson vaccine, clots similar to those in a few dozen people who received the AstraZeneca shot.

The Johnson & Johnson vaccine is one of three approved for emergency use in the United States, along with others from Moderna and Pfizer/BioNTech. Those two vaccines use a different technology, known as messenger RNA, and no serious side effects have been described in the tens of millions of Americans who have received those shots.

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States that had planned to inoculate people using the Johnson & Johnson shot scrambled Tuesday to make alternate plans. New York Health Commissioner Howard Zucker said in a statement that those who had an appointment Tuesday to receive the Johnson & Johnson shot would instead get a Pfizer vaccine.

But the U.S. will soon run out of people who are willing to receive any coronavirus vaccine, as hesitancy over the inoculation remains stubbornly high among minority populations and among conservative Americans who still voice skepticism.

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Any additional excuses for skepticism of the vaccine, experts worry, will lengthen the pandemic just as the end draws near.

“A global pause of the J&J vaccine seems excessive given the popular mythologies that are likely to arise from this statement for all vaccines,” said Prabhjot Singh, a physician and global health expert at the Icahn School of Medicine at Mount Sinai.

“That said, we are not privy to the deliberations about narrower restrictions considered by the FDA and CDC, or J&Js own corporate concerns for product safety and liability. I do trust that a range of options were thoroughly reviewed.”

The six adverse cases occurred among more than 6.8 million people who have received the vaccine in the United States so far — a rate of just 0.0000009 adverse cases per 100 doses administered.

The tiny rate of adverse reactions is still a sign that the Johnson & Johnson product is safe and effective across a broad swath of the general public, though experts said the caution and concern was warranted.

“I believe the Johnson & Johnson vaccine is exceedingly safe. These are very rare events,” Ashish Jha, dean of the Brown University School of Public Health, said Tuesday on Good Morning America. “But we don’t know if they’re linked to the vaccine and we don’t know if there are other cases we’ve missed. So it’s the right thing.”

Tuesday’s decision is the second major setback for Johnson & Johnson, which had been one of the first companies in the world to begin developing a coronavirus vaccine last March. Last month, a subcontractor manufacturing the vaccine acknowledged it had spoiled 15 million doses on a production line in Baltimore, Md.

Public health experts have been worried about the number of Americans who have expressed skepticism over the vaccines developed in the year since the coronavirus began spreading across the world. That hesitancy has declined in recent months as millions of Americans have received shots with no serious adverse reactions.  

A survey conducted by the Kaiser Family Foundation in late March showed 37 percent of Americans said they would not get a vaccine, would get one only if required or would wait and see before deciding whether to get a vaccine. That figure was down from 51 percent in January and 44 percent in March.

Republican voters and white evangelical Christians are most likely to say they will definitely not get the coronavirus vaccine. Younger Americans and Black adults were most likely to say they would wait and see whether to get a vaccine. 

Singh, who practices in a front-line clinic in New York City, said he believed the FDA and CDC statement would have an impact on those who are still deliberating whether to get a shot. 

“I anticipate this announcement is going to increase vaccine hesitancy beyond J&J. It underscores the importance of direct conversations with folks by trusted messengers about their fears, concerns and options to be safe amidst a pandemic. We still have a ways to go before all communities are in the clear,” he said. 

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Public health experts have been deliberately evolving their strategies to assuage fears or concerns over the vaccines. They have begun to stress that the technology underlying both the mRNA and adenovirus vaccines has been in development and, in the case of the adenovirus-vectored vaccines, in use for decades. And they have stressed vaccine acceptance rates among doctors, which is far higher than the general public, as a way to build trust.

But the fallout is likely to have implications beyond American borders, especially because global public health officials expected the Johnson & Johnson and AstraZeneca vaccines to contribute substantially to vaccination efforts in the world’s poorest countries.

Peter Hotez, a leading coronavirus vaccinologist and dean of the National School of Tropical Medicine at Baylor College, said he worried that the pause would reverberate in low- and middle-income countries that were in line to use the adenovirus-based vaccines, which are easier to store and administer than the mRNA-based vaccines.

“In the U.S., we have other vaccine options,” Hotez said in an email. “I’m worried about the impact for [low- and middle-income countries] given that adenovirus-vectored vaccines … were supposed to be workhorses.”

The White House has sent mixed signals over its plans to raise taxes on the wealthy to pay for some of its policies, providing a lack of clarity about how President BidenJoe BidenFederal Reserve chair: Economy would have been ‘so much worse’ without COVID-19 relief bills Biden to meet Monday with bipartisan lawmakers about infrastructure Jill Biden gives shout out to Champ, Major on National Pet Day MORE’s $400,000 threshold for tax increases would work.

The absence of details comes as Democrats are already debating privately how to pay for their programs, an issue when it comes to taxes that splits the party not only on philosophic lines but also on regional ones.

Most Democrats support the idea of raising taxes on the wealthy and corporations, but Democrats representing suburban areas with high costs of living are sensitive about what’s judged middle class and upper middle class and how tax hikes would affect their communities. And conservatives have already started to argue that Biden is seeking to violate his pledge to raise taxes on only the wealthiest Americans.

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Biden has used varying language when referring to the income level above which he’d raise taxes, not always being clear about whether he’s targeting individuals making more than $400,000 or also households with couples making a combined $400,000.

On many occasions, Biden has suggested that he won’t raise taxes on any person making under $400,000, but at other times, he has said that there won’t be tax increases for families making under that level.

When Biden first made his pledge, on CNBC in May 2020 while he was running for president, he said, “Nobody making under 400,000 bucks would have their taxes raised. Period. Bingo.”

In remarks earlier this month after the Labor Department released unemployment data, Biden said his infrastructure plan “won’t raise a penny tax on a family making less than $400,000 a year.” 

Then during remarks Wednesday about his infrastructure package, Biden said, “I will not impose any tax increases on people making less than $400,000 a year.”

Biden offered a series of proposals aimed at raising taxes on high earners during his presidential campaign but has not detailed proposals on tax increases for individuals since taking office. Much of the focus of the debate among lawmakers on taxes currently relates to Biden’s proposal to raise the corporate tax rate from 21 percent to 28 percent.

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However, Biden is expected to release a proposal in the future focused on health care and child care, and that bill is expected to be paid for through tax increases on high-income individuals. 

How those tax increases are structured would impact who might be affected. If the tax increases apply to married couples filing joint returns with income above $400,000, there could be some people whose individual income is under $400,000 but who would see a tax increase because their combined income with their spouse is above that threshold.

During a press briefing last month, White House Press Secretary Jen PsakiJen PsakiWhite House sends mixed message on higher taxes The Memo: Biden’s five biggest foreign policy challenges Biden eyes bigger US role in global vaccination efforts MORE said that both individual tax filers making under $400,000 and families making under $400,000 would not see their taxes go up. But she also said that the administration would have more to say when it releases proposals about tax increases for high earners.

“This is a commitment he made on the campaign trail, which he has committed to abiding by,” she said. “But once we propose a tax proposal, we’ll have more to discuss on it.” 

Think tanks that analyzed Biden’s campaign tax proposals applied the $400,000 threshold to both single filers and married couples. Eric Toder, co-director of the Urban-Brookings Tax Policy Center, said that Biden’s campaign didn’t object to that assumption, but that doesn’t mean that is what the administration will ultimately propose.

The use of a $400,000 threshold for married couples could become a Republican attack line against Democrats as Biden seeks to enact his agenda. 

The right-leaning editorial board of The Wall Street Journal wrote last month that Biden is “obfuscating who will pay” his planned tax increases on high earners because he frequently suggests that no one making under $400,000 will see a tax increase, while Psaki has said the threshold would apply to families.

“If you’re a two-income household making $200,000 each, you could get whacked,” the editorial board wrote.

“This is a familiar tax bait and switch. Democrats promise they’ll tax only the rich, but there aren’t enough rich, and the rich don’t have enough money to finance the Democratic Party’s endless spending schemes,” the editorial board added. “Millions of the Americans Mr. Biden wants to tax aren’t rich. They are successful Americans, typically at the peak of their earning lives, who might make $200,000 for a few years.”

Americans for Tax Reform President Grover Norquist argued that Biden’s proposal to raise the corporate income tax rate could hurt people making under $400,000 because the rate increase could impact the value of people’s 401(k) retirement accounts.

“Biden is going right for the middle class, right for the upper middle class, and that $400,000 is a dead letter and never meant anything and certainly doesn’t mean anything now,” Norquist said Friday at a virtual event hosted by The Washington Post.

Norquist said in an interview with The Hill following the Post’s event that it could hurt Democrats politically if people in high-income areas with high costs of living see tax increases that they did not expect.

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“This is what loses Democrats the suburbs,” he said.

But Democrats said they did not expect there to be much political backlash if Biden raised taxes on both individuals and married couples making above $400,000, noting that there are few couples making above that amount.

Democratic strategist Brad Bannon said that he thinks it would be difficult for Republicans to argue that couples with income above $400,000 are middle class.

“The Biden tax policy is on pretty solid ground,” he said.

Bannon added that if Republicans suggest a couple making more than $400,000 is not well off financially, it would not be endearing to working-class voters.

Opposing tax increases on high earners “puts Republicans in a bad place politically,” he said.

According to a report released Thursday by the left-leaning Institute on Taxation and Economic Policy (ITEP), the personal income tax increases in Biden’s campaign plan would impact only 1.9 percent of taxpayers for the 2022 tax year. That analysis was conducted assuming that tax increases applied to both single filers and married couples with income above $400,000.

“I think married couples think of their income as their combined income,” said Steve Wamhoff, director of federal tax policy at ITEP.