Key Takeaways
- •Mark Ditlevson (Nominee for Assistant Secretary of Defense, U.S. Department of Defense) defended domestic military deployments and the use of high-energy lasers for border security despite FAA safety warnings.
- •Brian Birdwell (Nominee for Assistant Secretary of Defense, U.S. Department of Defense) committed to prioritizing "contested logistics" and exploring 3D printing technologies to sustain warfighters in the Indo-Pacific.
- •Sen. Reed (D-RI) pressed Ditlevson on why the department bypassed FAA safety reviews before deploying a laser that triggered the emergency closure of El Paso’s civilian airspace.
- •Republicans focused on "peace through strength" and border enforcement, while Democrats raised alarms regarding the potential for military surveillance of citizens and troop presence at polling locations.
- •These confirmations will determine the Pentagon's role in domestic law enforcement and the implementation of a $10 billion reimbursement plan for military support at the southern border.
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Hearing Analysis
Overview
The Senate Committee on Armed Services (SASC) met on February 26, 2026, to consider the nominations of Mark Ditlevson to be Assistant Secretary of Defense for Homeland Defense and America's Security Affairs, and Brian Birdwell to be Assistant Secretary of Defense for Sustainment. Chairman Roger F. Wicker (R-MS) opened the hearing by emphasizing the "most dangerous threat environment since World War II," highlighting the need for robust leadership in homeland defense and military logistics. The hearing was marked by a sharp partisan divide regarding Mr. Ditlevson’s record in his current acting capacity, while Mr. Birdwell, a former Army officer and Texas State Senator, received broad praise for his service and expertise.
Key Testimony
The testimony of Mark Ditlevson focused on the Department of Defense (DOD) role in border security, countering small unmanned aerial systems (UAS), and domestic stability. Mr. Ditlevson defended the administration’s use of National Guard and active-duty personnel in American cities, arguing that these deployments were necessary to restore law and order. However, Ranking Member Jack Reed (D-RI) and other Democrats raised significant concerns regarding the legality of these deployments, citing court rulings that blocked the federalization of the National Guard in cities like Los Angeles and Portland. A major point of contention was a February 2026 incident in El Paso, where the DOD operationalized a high-energy laser to counter drones, leading the Federal Aviation Administration (FAA) to close local airspace due to "grave risk of fatalities." Mr. Ditlevson maintained that the DOD had met statutory coordination requirements under Section 130i authorities, though he acknowledged the FAA did not grant formal approval.
Brian Birdwell’s testimony centered on the "tyranny of distance" and contested logistics, particularly in the Indo-Pacific theater. He emphasized the need to modernize the organic industrial base and improve the readiness of the F-35 program. Mr. Birdwell committed to prioritizing "mission first, people always" and bringing a warfighter’s perspective to sustainment. He faced questions from Sen. Mike Rounds (R-SD) regarding the adoption of "cold spray" 3D printing technology for rapid repairs and the implementation of electronic fault detection systems to reduce non-mission capable days. Sen. Mark Kelly (D-AZ) pushed Mr. Birdwell on the need for a whole-of-government approach to revitalize domestic shipbuilding, suggesting that commercial maritime competition is essential for national security.
Policy discussions frequently turned to the "defense reconciliation bill" passed the previous year. Chairman Wicker expressed frustration that the Department of Homeland Security (DHS) had delayed reimbursing the DOD from a $10 billion fund established for border operations. Mr. Ditlevson testified that a reimbursement framework was recently signed and that funds should begin flowing in March or April 2026. Additionally, the committee examined the use of 18 U.S. Code Section 592 and Section 593, which prohibit the deployment of troops at polling places. Sen. Gary C. Peters (D-MI) and Sen. Elizabeth Warren (D-MA) pressed Mr. Ditlevson on whether he would support stationing troops at polling stations; Mr. Ditlevson declined to give a definitive "no," stating he would provide policy advice based on the specific threat environment and legal counsel.
Overview
The hearing identified several organizations in critical contexts. The Department of Defense (DOD) was the primary subject of the nominations, specifically regarding its expanding domestic footprint. The Federal Aviation Administration (FAA) was highlighted for its conflict with the DOD over the El Paso laser deployment. The United States National Guard was discussed in the context of its deployment to Washington, D.C., for crime reduction and its role in border security. The Department of Homeland Security (DHS) and U.S. Customs and Border Protection (CBP) were mentioned regarding the $10 billion reimbursement delay and the transfer of counter-drone technology. The Federal Bureau of Investigation (FBI) and Department of Justice (DOJ) were noted as the lead agencies investigating deaths at the Fort Bliss immigrant detention facility. The Ted Stevens Center for Arctic Security Studies was praised by Sen. Dan Sullivan (R-AK) as a vital resource for addressing Russian and Chinese incursions in the Arctic.
Partisan dynamics were most visible during the questioning of Mr. Ditlevson. Republicans, including Sen. Ted Cruz (R-TX) and Sen. Tim Sheehy (R-MT), focused on the threat of "narcoterrorist networks" and the necessity of using military assets to protect the border and polling places from terrorist threats. In contrast, Democrats expressed alarm over the potential for mass surveillance and the "fatigue and demoralization" of National Guard troops used for domestic law enforcement. Sen. Elissa Slotkin (D-MI) specifically questioned the DOD’s potential use of artificial intelligence for mass surveillance of U.S. citizens, urging the committee to establish "left and right limits" in the upcoming National Defense Authorization Act (NDAA).
Notable exchanges included Sen. Angus S. King (I-ME) questioning the classification of videos related to boat strikes in the Caribbean, suggesting the DOD was withholding information because it was "embarrassing" rather than for security reasons. Sen. Tammy Duckworth (D-IL) confronted Mr. Ditlevson over his refusal to rule out deploying troops across state lines against the will of governors. The hearing concluded with a request for several follow-up items, including the production of the Fort Bliss investigation reports, a detailed spend plan for counter-UAS funding, and responses to outstanding questions for the record regarding the legal criteria for "designated terrorist organizations."
Transcript
The meeting will come to order. For the information of members, we do have some nominees who need to be reported, and during the first vote, I really would appreciate it if members would come to the hallway and we can report those. But for now, we welcome our witnesses and nominees and their families and thank them for being here today. We're living through a period of profound strategic uncertainty. You've heard me say this numerous times, but it bears saying. Today is an era marked by great power competition, ongoing conflicts abroad, growing demands on our armed forces. And I say this again because it bears repeating. We face the most dangerous threat environment since World War II. Now more than ever, we need patriots willing to step up and serve our nation. And in that spirit, I welcome the two who are appearing before this committee today. Last year, Congress provided $10 billion to the Department of Homeland Security, funds specifically meant to reimburse DOD for its support in border operations. This money appropriated to Homeland Security Department. I'm disappointed to hear that DHS has significantly delayed implementing this agreement. I look forward to hearing how Mr. Ditlevson plans to coordinate with DHS to ensure this funding is appropriately allocated. If confirmed, Mr. Ditlevson would also serve as the department's civilian head for countering small drones over the homeland. Congress has been aggressive in this area and for good reason. We want to see dramatic improvement in the way executive branch agencies coordinate on the counter-drone efforts. Mr. Brian Birdwell has been nominated to serve as Assistant Secretary of Defense for Sustainment. If confirmed, he will be responsible for ensuring that our ships sail, our aircrafts fly, our vehicles move, and our forces remain supplied in both peacetime and conflict. Our warfighters depend on these capabilities. They rely on Congress and the department to give them what they need to deter our adversaries and defend their fellow Americans. However, our ability to do so is under massive strain. Fragile supply chains, skyrocketing global demand for munitions and equipment, and increasingly contested logistics all threaten the readiness of our military. The committee is very aware of the challenges involved in maintaining our forces. We must modernize our industrial base, restore depleted stockpiles, improve installation resilience, and ensure accountability across the enterprise. So I look forward to hearing how Mr. Birdwell intends to approach these challenges in particular and how he intends to work with Congress, as I'm sure he will, to ensure the department remains prepared to sustain the force in any theater. With that, I turn to my friend and colleague, Ranking Member Reed. You're recognized, sir.
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