Overnight Defense: Defense spending bill amendments target hot-button issues | Space Force already facing hurdles | Senators voice 'deep' concerns at using military lawyers on immigration cases

Overnight Defense: Defense spending bill amendments target hot-button issues | Space Force already facing hurdles | Senators voice 'deep' concerns at using military lawyers on immigration cases
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Happy Friday and welcome to Overnight Defense. We're Rebecca Kheel and Ellen Mitchell, and here's your nightly guide to the latest developments at the Pentagon, on Capitol Hill and beyond.

 

THE TOPLINE: The House will move on its $674.6 billion fiscal 2019 Pentagon spending bill next week.

First up, the House Rules Committee has to decide which of more than a hundred amendments will get a floor vote.

As of Friday afternoon, 123 amendments have been filed. A full list of amendments is on the Rules Committee website, but here are a few highlights. Keep in mind the most interesting (read: controversial) often don't make it out of the committee:

Immigration: Several Democratic amendments are focused on the ongoing controversy over family separations at the U.S.-Mexico border and other immigration issues. One from 26 Democrats led by Rep. Lloyd DoggettLloyd Alton DoggettGilead sets price for five-day coronavirus treatment at ,120 The Hill's Coronavirus Report: Rep. Mark Takano says Congress must extend worker benefits expiring in July; WHO reports record spike in global cases Exclusive investigation on the coronavirus pandemic: Where was Congress? MORE (D-Texas) would prohibit the Pentagon from fulfilling any requests made by Health and Human Services related to the care or custody of unaccompanied children and those separated from their parents.

Another one from Reps. Adam SchiffAdam Bennett SchiffDemocrats hit Trump for handling of Russian bounty allegations after White House briefing Voters must strongly reject the president's abuses by voting him out this November Democrats face tough questions with Bolton MORE (D-Calif.) and Peter WelchPeter Francis WelchNational Retail Federation hosts virtual 'store tours' for lawmakers amid coronavirus Democrats roll out national plan to reopen America Democrats press USDA to create rural coronavirus task force MORE (D-Vt.) would prohibit funding to help with facilities detaining unaccompanied immigrant children on Pentagon-owned land.

Another amendment from Democratic Reps. Raja KrishnamoorthiSubramanian (Raja) Raja KrishnamoorthiMilley confirms soldiers deployed to DC amid unrest were given bayonets Democrats seek information on Treasury's administration of 'opportunity zone' program Biden campaign rips 'outrageous' Trump comments on coronavirus testing MORE (Ill.), Welch, Nydia Velázquez (N.Y.) and Jim McGovern (Mass.) would bar funding for detaining immigrant families on Defense Department property.

An amendment from Rep. Beto O'RourkeBeto O'RourkeColorado GOP Rep. Scott Tipton defeated in primary upset Clinton, Buttigieg among Democrats set to hold virtual events for Biden Redistricting: 'The next decade of our democracy is on the ballot' in November MORE (D-Texas) would ban funding from being used to deploy the National Guard to the southern border to enforce immigration laws. Rep. David CicillineDavid Nicola CicillineOVERNIGHT ENERGY: DOJ whistleblower says California emissions probe was 'abuse of authority' | EPA won't defend policy blocking grantees from serving on boards | Minnesota sues Exxon, others over climate change DOJ whistleblower: California emissions probe was 'abuse of authority' Hillicon Valley: Apple's developer dispute draws lawmaker scrutiny of App Store | GOP senator blocks bill to expand mail-in and early voting | Twitter flags Trump tweet on protesters for including 'threat of harm' MORE (D-R.I.) similarly filed an amendment to ban the use of National Guardsmen to enforce immigration laws.

Cicilline and Reps. Ted Lieu (D-Calif.) and Dina TitusAlice (Dina) Costandina TitusOvernight Defense: Army now willing to rename bases named after Confederates | Dems demand answers on 'unfathomable' nuke testing discussions | Pentagon confirms death of north African al Qaeda leader Top Democrats demand answers on Trump administration's 'unfathomable' consideration of nuclear testing Federal employees push for COVID-19 protections in 'dangerous' workplaces MORE (D-Nev.) also have an amendment to prohibit funding from being used to have Judge Advocate Generals (JAGs) help with immigration enforcement, while Rep. Sheila Jackson LeeSheila Jackson LeeLocal reparations initiatives can lead to national policy remedying racial injustice House to vote on removing bust of Supreme Court justice who wrote Dred Scott ruling Black Caucus unveils next steps to combat racism MORE (D-Texas) has a similar amendment to prevent funding from being used to reassign JAGs from the Pentagon to the Justice Department. And Reps. Jose SerranoJosé Enrique SerranoHouse Democrats include 7 million for police reform in spending bill New York City will not start counting mailed primary ballots until next week Progressives riding high as votes tabulated in NY, Kentucky MORE (D-N.Y.) and Joseph Crowley (D-N.Y.) have an amendment to prevent the Pentagon from entering into an agreement with the Justice Department to use Defense Department personnel to enforce immigration laws.

F-35s to Turkey: Reps. John SarbanesJohn Peter Spyros SarbanesPelosi, Democrats press case for mail-in voting amid Trump attacks Cornell to launch new bipartisan publication led by former Rep. Steve Israel An inclusive democracy Demands DC statehood MORE (D-Md.), Gus Bilirakis (R-Fla.) and Cicilline have the latest attempt to prevent Turkey from getting F-35 fighter jets. Their amendment would ban any funding from being used to transfer the aircraft to Turkey.

Aircraft carrier: Reps. Rob WittmanRobert (Rob) Joseph WittmanTrade groups make lobbying push to be included in small business loan program Overnight Defense: 32 dead in ISIS-claimed attack in Kabul | Trump says Taliban could 'possibly' overrun Afghan government when US leaves | House poised for Iran war powers vote next week Republicans eye top spot on Natural Resources panel MORE (R-Va.) and Joe CourtneyJoseph (Joe) D. CourtneyNavy recommends reinstating Crozier as captain of USS Theodore Roosevelt: report Overnight Defense: Aircraft carrier captain removed from duty after pleading for help with outbreak | Trump to expand use of defense law to build ventilators | Hospital ships receiving few patients Aircraft carrier captain removed from duty after pleading for help with coronavirus outbreak MORE (D-Conn.), the leaders of the House Armed Services seapower subcommittee, filed an amendment to allow the Navy to buy its next two aircraft carriers, as opposed to just one. Such an amendment would get the appropriations bill on the same page as the House's National Defense Authorization Act. The amendment is co-sponsored by Reps. Bobby ScottRobert (Bobby) Cortez ScottDeVos issues new rule ordering more coronavirus relief to private schools Am I racist? The coronavirus crisis has cut the child care sector MORE (D-Va.) and Mike GallagherMichael (Mike) John GallagherHillicon Valley: Democrats introduce bill banning federal government use of facial recognition tech | House lawmakers roll out legislation to establish national cyber director | Top federal IT official to step down Lawmakers introduce legislation to establish national cybersecurity director House Republican accuses Facebook, Twitter, YouTube of not doing enough to combat Chinese propaganda MORE (R-Wis.).

Transgender troops: Reps. Titus, Jackie SpeierKaren (Jackie) Lorraine Jacqueline SpeierProtests force military reckoning on race Air Force documents acknowledged 'persistent' racial bias in justice system HHS watchdog says actions should be free from political interference MORE (D-Calif.) and Earl BlumenauerEarl BlumenauerChuck E. Cheese files for bankruptcy protection Bipartisan bill introduced to provide 0B in relief for restaurants OVERNIGHT ENERGY: Dems press Trump consumer safety nominee on chemical issues | Lawmakers weigh how to help struggling energy industry | 180 Democrats ask House leadership for clean energy assistance MORE (D-Ore.) filed an amendment to prohibit funding from being used to separate troops based solely on their gender identity.

Chinese tech: Rep. Ruben GallegoRuben GallegoHouse panel votes to limit Trump's Germany withdrawal The Hill's Morning Report - Presented by Facebook - As virus concerns grow, can it get worse for Trump? Latino man's death in Tucson fuels debate over police brutality on Hispanics MORE (D-Ariz.) has two amendment targeting Chinese telecommunications companies ZTE and Huawei. One prevents funding from being used to enter into a contract with the companies. The other prevents funding from being used to reduce any penalties assessed to the companies.

OBSTACLES TO TRUMP'S SPACE FORCE: President Trump's proposal this week for a "Space Force" is already facing obstacles in Congress and at the Pentagon -- two places where he'll need broad support to get his initiative off the ground.

Trump surprised lawmakers and military officials on Monday when he directed the Defense Department to create a Space Force as its sixth military service branch. On Capitol Hill, the president faces the difficult task of garnering congressional backing for his plan, with several key lawmakers voicing skepticism over the idea.

The opposition in Congress: Sen. Bill NelsonClarence (Bill) William NelsonNASA names DC headquarters after agency's first Black female engineer Mary W. Jackson NASA, SpaceX and the private-public partnership that caused the flight of the Crew Dragon Lobbying world MORE (D-Fla.), who led last year's effort to kill a House proposal to establish a space corps within the Air Force, is leading the charge again this year to attempt to extinguish the idea.

"I think it's somebody wanting to have something new that they can talk about," Nelson, a member of the Senate Armed Services Committee, said of Trump's plan.

Nelson said that the new branch "would cost so much money, it would be so duplicative." He added that Air Force officials also don't want the move, but "they are now muzzled" by the administration from speaking out against it.

Senior member of the Armed Services panel, Sen. James InhofeJames (Jim) Mountain InhofeRepublicans fear backlash over Trump's threatened veto on Confederate names Senate rejects Paul proposal on withdrawing troops from Afghanistan Liberal veterans group urges Biden to name Duckworth VP MORE (R-Okla.), meanwhile, told The Hill he's reluctant to back a separate Space Force.

"That's a serious subject. It's one that I would have a hard time supporting," Inhofe said. "All of our branches have the space element and it's working. If it ain't broke, don't fix it."

He added that he's "not sure how serious" Trump was when he made the announcement.

Time issues: The commander in chief will need help from lawmakers, who must decide whether to amend Title 10 of the United States Code to allow for the creation of a new military service.

But both the House and the Senate have completed their versions of the annual defense policy bill, with little room for a Space Force provision to be added when lawmakers from both chambers reconcile the two measures during a conference committee.

Timing-wise, that would leave next year's NDAA as the next opportunity for Congress to tackle the issue. But even then, creating a Space Force is expected to take at least another two or three years, minimum.

Hurdles at the Pentagon: The Pentagon also appears hesitant to act quickly on Trump's directive, with military officials releasing a statement after his announcement indicating the process would take some time.

"Our policy board will begin working on this issue, which has implications for intelligence operations for the Air Force, Army, Marines and Navy," chief Pentagon spokeswoman Dana White said. "Working with Congress, this will be a deliberate process with a great deal of input from multiple stakeholders."

Defense Secretary James MattisJames Norman MattisTrump insulted UK's May, called Germany's Merkel 'stupid' in calls: report Mattis urges people to wear masks in PSA about 'nasty little virus' Dozens of GOP ex-national security officials to form group to back Biden: report MORE on Wednesday said that Trump's proposal will require work with Congress that has not yet started.

And Air Force leaders last year warned that it would be premature and create burdensome bureaucracy to separate a space component from the rest of the service.

On Tuesday, Air Force officials released a memo to personnel saying not to expect any immediate changes following Trump's announcement.

 

SENATORS 'DEEPLY TROUBLED' MILITARY LAWYERS BEING USED FOR IMMIGRATION CASES: Three senators, including one Republican, are asking the Pentagon to rethink its decision to send military lawyers to help prosecute immigration cases.

"For years, Congress has worked with the department on reforming the military justice system and providing the services with the resources to support the critical mission of promoting justice and maintaining good order and discipline within the armed forces," Sens. Kirsten GillibrandKirsten GillibrandDemocratic lawmakers call for expanding, enshrining LGBTQ rights The Hill's 12:30 Report: Fauci 'aspirationally hopeful' of a vaccine by winter The Hill's Morning Report - Officials crack down as COVID-19 cases soar MORE (D-N.Y.), Joni ErnstJoni Kay ErnstTrump renews culture war, putting GOP on edge The Hill's Campaign Report: Trump's job approval erodes among groups that powered his 2016 victory Senate outlook slides for GOP MORE (R-Iowa) and Patrick LeahyPatrick Joseph LeahySenate panel advances bill targeting online child sexual abuse Overnight Defense: Navy won't reinstate fired captain | Dems probe use of federal officers in DC | Air Force appoints woman as top noncommissioned officer Dems request watchdog probe use of federal law enforcement in DC during Floyd protests MORE (D-Vt.) wrote in a letter to Defense Secretary James Mattis on Thursday night.

"We are, therefore, deeply troubled by the department's decision to send twenty-one active and reserve JAGs to the border on temporary orders to prosecute immigration cases," they added.

The issue: News broke Wednesday night that the Pentagon had approved a request from the Justice Department to send 21 Judge Advocate Generals (JAGs) to the U.S.-Mexico border to help clear a backlog of immigration cases.

That happened amid an uproar over the Trump administration's "zero tolerance" policy that starts the process of criminal prosecution for all illegal border crossers, leading to more than 2,000 children being separated from their parents.

The JAGs will be appointed special assistant U.S. attorneys to help prosecute misdemeanor improper entry and felony illegal reentry cases. The temporary assignments are expected to last about six months.

What the senators ask: In their letter, the senators said they are concerned the lawyers are being used for a non-military mission for which they have no training.

"While JAGs currently serve as special assistant United States attorneys throughout the country, this occurs in districts with military installations and involves working on cases with a clear military nexus such as theft from a commissary or civilian DUIs on a military base," they wrote. "However, unlike those situations, these twenty-one JAGs are being directed to practice wholly outside of their training, within the vast and complex immigration arena."

The senators also said that JAGs with trial experience are "desperately needed" as prosecutors, defense lawyers or special victims counsel in the military's most serious criminal cases.

 

ON TAP FOR MONDAY

Israeli Knesset member Yair Lapid will speak about "An alternative vision for Israel" at 10 a.m. at the Brookings Institution. https://brook.gs/2yyUKy5

The House Rules Committee will prepare the fiscal year 2019 defense appropriations bill for floor debate at 5 p.m. at the House side of the Capitol, room 313. https://bit.ly/2trAwAp

 

ICYMI

--The Hill: Trump's Space Force decree came after Pentagon didn't act on his suggestion: report

--The Hill: SpaceX wins $130M Air Force contract to launch spy satellite

--The Hill: White House: North Korea presents 'unusual and extraordinary threat'

-- The Hill: Military recorded 20 instances of lasers attacking US aircraft since September: report

-- The Washington Post: Trump administration considers plan to use Coast Guard money to pay for border enforcement

-- The New York Times: North and South Korea agree to hold reunions of families divided by war

-- Reuters: Taliban kill 16 Afghan soldiers, kidnap engineers after ceasefire ends