WASHINGTON — U.S. Senators Mark Warner (D-VA), Marco Rubio (R-FL), and John Cornyn (R-TX) sent a letter to Senators Gary Peters (D-MI) and Rob Portman (R-OH), Chairman and Ranking Member, respectively, of the Senate Committee on Homeland Security and Governmental Affairs, requesting that the Committee favorably report the Air America Act of 2021 (S. 407) to the full Senate as soon as possible. Senators Warner and Rubio reintroduced the legislation on February 24, 2021.

Air America, a government-owned corporation, employed several hundred U.S. citizens, mainly flight crew members, until 1976. During its existence, approximately 286 Air Americans were killed in the line of duty while conducting covert operations in designated war zones. In 1975, the last helicopter mission that rescued personnel from the rooftops in Saigon was planned and executed by Air America and the United States Marine Corps. This legislation would ensure that these individuals receive the benefits they are owed under the Civil Service Retirement System.

“The fight to ensure Air America employees receive the benefits they have earned is not a partisan issue, nor is it a new issue,” wrote the Senators. “It is time for Congress to act.”

The full text of the letter is below.

Dear Chairman Peters and Ranking Member Portman: 

We respectfully request that the Senate Committee on Homeland Security and Governmental Affairs consider and report S. 407, the Air America Act of 2021, to the full Senate as soon as possible. 

The bill, which was first introduced last Congress, would ensure the brave employees of Air America receive the retirement benefits they have earned. As you may be aware, Air America was a government-owned corporation that conducted covert operations during the Cold War, Korean War, and Vietnam War and operated under the direct policy control of the White House, Department of Defense, and the Department of State while under the management of the Central Intelligence Agency (CIA).

The fight to ensure Air America employees receive the benefits they have earned is not a partisan issue, nor is it a new issue. Legislation to provide benefits to Air America employees was first introduced by then Senate Minority Leader Harry Reid (D-NV) in 2005. The bill currently has 29 bipartisan cosponsors, including five members of your committee from both sides of the aisle. Over the last 16 years, the Office of Personnel Management, the Merit Systems Protection Board, the CIA and the Director of National Intelligence have all concluded that Congressional action is required. It is time for Congress to act. 

For these reasons, we respectfully urge you to consider and report to the full Senate this important bill as soon as possible.

Sincerely,

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WASHINGTON– Today, Virginia U.S. Senator Mark R. Warner, Chairman of the Senate Select Committee on Intelligence and Colorado U.S. Senator Michael Bennet, a member of the Senate Select Committee on Intelligence, urged President Joe Biden to fully consider how the Trump Administration’s decision to relocate U.S. Space Command may affect Intelligence Community (IC) dependencies and missions and the country’s ability to maintain superiority in space 

On January 13, 2021, the Administration announced that Huntsville, Alabama would be the permanent headquarters of U.S. Space Command. Following this announcement, reports surfaced that President Donald Trump politicized the process, choosing to relocate U.S. Space Command from its provisional headquarters in Colorado Springs, Colorado. 

In a letter to President Biden, Bennet and Warner, members of the Senate Select Committee on Intelligence, cite the collaboration and interoperability between the IC and Department of Defense, and urged the administration to review the process by which this decision was made and to ensure intelligence community missions and capabilities are fully considered.

“The Committee has encouraged collaboration in the space domain between the IC and the Department of Defense (DoD) in order to increase the unity of effort and effectiveness in space operations. In Colorado, important investments have been made in recent years to enhance this collaboration and interoperability, in particular at the National Space Defense Center (NSDC),” wrote the senators. “It is critical that any decision to move Space Command from its current location take into account the potential effects of such a move on the operational integration between the IC and DoD space communities at NSDC and at other joint sites in Colorado.”

The senators also noted the importance of spending resources in a manner that effectively meets the accelerating pace of threats to U.S. space capabilities. Colorado is already home to many specialized defense and intelligence civilian employees and contractors. The cost of relocating personnel, as well as the high costs for constructing a new Space Command headquarters, should be considerations for permanently keeping it in Colorado Springs. 

“Furthermore, we are keenly aware of the threats in space and the criticality of maintaining U.S. superiority in the face of an evolving threat landscape,” the Senators continued. “According to a 2019 estimate from the Congressional Budget Office, construction costs for the new command headquarters could be as high as $1.1 billion. Workforce disruption is another key consideration, given the many defense and intelligence civilian employees and contractors working on space programs in Colorado at the highest levels of classification. Space is a critical national security issue, and we cannot squander time, talent, or money on unnecessary expenditures or delays.” 

The text of the letter is available HERE and below.  

Dear President Biden:

We write concerning the Trump administration’s decision to move United States Space Command from Colorado Springs, Colorado, to Huntsville, Alabama. As members of the Senate Select Committee on Intelligence, we are concerned this decision did not take into account how such a move may affect Intelligence Community (IC) dependencies and missions. We therefore request you review the process by which this decision was made, and to ensure IC equities are fully considered.

The Committee has encouraged collaboration in the space domain between the IC and the Department of Defense (DoD) in order to increase the unity of effort and effectiveness in space operations. In Colorado, important investments have been made in recent years to enhance this collaboration and interoperability, in particular at the National Space Defense Center (NSDC). It is critical that any decision to move Space Command from its current location take into account the potential effects of such a move on the operational integration between the IC and DoD space communities at NSDC and at other joint sites in Colorado.

Furthermore, we are keenly aware of the threats in space and the criticality of maintaining U.S. superiority in the face of an evolving threat landscape. We have consistently made this a priority in recent years, with careful oversight of dollars spent and an eye toward the allocation of scarce resources among national security priorities. According to a 2019 estimate from the Congressional Budget Office, construction costs for the new command headquarters could be as high as $1.1 billion. Workforce disruption is another key consideration, given the many defense and intelligence civilian employees and contractors working on space programs in Colorado at the highest levels of classification. Space is a critical national security issue, and we cannot squander time, talent, or money on unnecessary expenditures or delays.

We therefore ask you to review the parameters and method by which this decision was evaluated, to ensure we are appropriately valuing existing collaboration and interdependencies between the IC and DoD space communities in Colorado, taking advantage of the current co-location of these communities and pools of expertise, and spending resources in a manner that effectively meets the accelerating pace of threats to our overhead space capabilities.

We appreciate your attention to this matter.

Sincerely,

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WASHINGTON – Sen. Mark R. Warner (D-VA) today joined Rep. John Sarbanes (D-Md.), Sen. Tim Kaine (D-VA), Sen. Kirsten Gillibrand (D- NY) and more than 50 colleagues in calling on the Biden Administration to strengthen the Public Service Loan Forgiveness (PSLF) program and ensure that America’s teachers, social workers, public defenders, service members and community health care workers, along with many other public servants, receive the student loan forgiveness they have earned.

“Especially now, as our nation works to combat COVID-19 and build back better from this pandemic, the federal government must fulfill its promise to our public service workers who placed themselves in harm’s way to serve their community during this unprecedented time,” the lawmakers wrote. “The [U.S. Department of Education] has an opportunity to uphold the promise to our public servants by taking administrative action to provide them with relief.”

The lawmakers continued: “We urge you to take action to waive or modify counterproductive restrictions, barriers and donut holes in PSLF… We also urge the Department to take proactive steps to simplify the process, provide more transparency and bolster oversight of the program and loan servicers to ensure that the PSLF program is implemented in accordance with congressional intent.”

The lawmakers concluded: “We stand ready to work with you on this important issue. Now is the time to fix PSLF and finally allow the program to benefit the millions of dedicated teachers, nurses, first responders, service members and other public servants who have depended on this relief.”

See below for a full copy of the letter.

* * *

The Honorable Miguel Cardona
Secretary of Education
United States Department of Education
400 Maryland Avenue SW
Washington, D.C. 20202 

Dear Secretary Cardona:

We write to urge the U.S. Department of Education (“Department”) to take immediate action to ensure that our public servants — many of whom are serving on the front lines of responding to the COVID-19 pandemic — are able to access the loan forgiveness they have earned by fixing the Public Service Loan Forgiveness (PSLF) program using the administrative flexibilities provided to you by Congress during periods of a national emergency.

Congress created the PSLF program in 2007 to provide student loan relief for those who are pursuing careers in public service, providing a benefit for the employees who devote their careers to helping their communities. Compensating our first responders, teachers, public health workers, nurses and other essential public servants by forgiving the remainder of their student debt after ten years of service ensures that those who wish to pursue these noble careers have a light at the end of the tunnel.

Unfortunately, previous implementation failures by the Department, complex program rules and widespread malfeasance by the student loan industry have precluded many from accessing this important benefit. After the first round of forgiveness initially became available to PSLF borrowers more than three years ago, approval rates for the program have remained below 2.5%. The program has been beset by numerous “donut holes” that disqualify certain types of loans, repayment plans and the payments themselves, leading to extraordinary confusion and distrust of the PSLF program and, by extension, the federal government.

We appreciate recent steps the Department has taken to improve the PSLF program, including streamlining the application process, posting more information online and revisiting rules around the calculation of lump sum and advance payments. However, more must be done.

Especially now, as our nation works to combat COVID-19 and build back better from this pandemic, the federal government must fulfill its promise to our public service workers who placed themselves in harm’s way to serve their community during this unprecedented time. The Department has an opportunity to uphold the promise to our public servants by taking administrative action to provide them with relief.

Accordingly, we ask that the Department invoke the Higher Education Relief Opportunities for Students (HEROES) Act of 2003, which provides authority to “waive or modify any statutory or regulatory provision applicable to the student financial assistance programs under title IV” during a period of national emergency. We urge you to take action to waive or modify counterproductive restrictions, barriers and donut holes in PSLF, including to:

1) Expand the definition of “eligible loan” to provide relief for borrowers with any type of federal student loan and prior payments on consolidation loans: Congress gave all borrowers with federal student loans of any type, including Federal Family Education Loans (FFEL), the right to convert their loans to Direct Loans and qualify for PSLF. However, loan borrowers have long struggled to take this preliminary step at the start of their careers — missing the opportunity to timely consolidate and instead being forced to restart the clock on their loans. To remedy this, the Department can expand the definition of an “eligible loan” under PSLF to include all federal student loans, including loans issued under part B, D or E of the Higher Education Act or under the Public Health Service Act. Further, the Department should deem payments made on component loans prior to any consolidation as qualifying for PSLF.

2) Expand the definition of a qualifying payment plan for all borrowers: At least 1.4 million borrowers are unknowingly enrolled in ineligible repayment plans after previously taking steps to get on track for PSLF. These problems are widespread. Borrowers have been deceived by student loan companies, provided incorrect information or enrolled by default in plans excluded from PSLF eligibility or that would otherwise limit their potential forgiveness. In 2018, Congress created the Temporary Expanded Public Service Loan Forgiveness Program (TEPSLF) as a limited fix for borrowers in the wrong repayment plan, including “graduated” and “extended” repayment plans, but unfortunately, this program has also been subject to unnecessary application barriers and very low approval rates. To remedy these issues, the Department should make all repayment plans eligible for PSLF.

3) Waive the restriction that a borrower be employed in public service at the time of forgiveness: Due to program errors, many federal student loan borrowers have unfortunately given up hope on PSLF. Some borrowers who have remained employed in public service are also not actively submitting paperwork because they are not eligible due to the aforementioned donut holes or believe themselves to be ineligible. Additionally, many public-sector jobs have been lost due to the pandemic, with millions still finding themselves still out of work as the economy recovers. Since the flexibilities we are requesting will expand the calculation of qualifying payments, borrowers who completed their 10 years of service while repaying their student loans should be newly eligible for forgiveness, regardless of whether they are currently employed in public service at the time of the forgiveness.

4) Establish data-sharing agreements to automatically qualify borrowers for PSLF using administrative data: While the current PSLF employment certification and application process requires borrowers to proactively submit information about their employer for the Department to determine potential eligibility, there are millions of employees for whom the Department could easily determine qualification for PSLF. The Department should establish secure data-sharing agreements with the Department of Defense and Office of Personnel Management to automatically identify public service workers who have outstanding federally held student debt. Furthermore, the Department should consider establishing similar data-sharing agreements with state governments that have employment records. For any borrower with a positive match to these databases, the Department should automatically calculate the number of qualifying payments in accordance with the above flexibilities.

After the Department has implemented the above flexibilities, borrowers should receive direct communications about these changes. For borrowers who have already expressed an interest in PSLF, the Department has existing capabilities to determine the number of eligible payments, regardless of whether employment certification has been provided. Qualifying payment counts should be updated in accordance with the new eligibility, similar to the Department’s recent implementation of lump sum and advance payment recalculations. A borrower whose newly calculated payments equal 120, or 10 years of service, should have their loans automatically canceled without any further paperwork. Borrowers who would newly be within reach of forgiveness but who need only certify their employment should receive extensive outreach from the Department to ensure they are aware of the new rules.

While these steps will help to address issues for past implementation failures, we also urge the Department to take proactive steps to simplify the process, provide more transparency and bolster oversight of the program and loan servicers to ensure that the PSLF program is implemented in accordance with congressional intent.

We stand ready to work with you on this important issue. Now is the time to fix PSLF and finally allow the program to benefit the millions of dedicated teachers, nurses, first responders, service members and other public servants who have depended on this relief.

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) today urged the Biden administration to finalize regulations long-delayed by prior administrations allowing doctors to prescribe controlled substances through telehealth.

“I am very concerned that – despite repeated outreach from myself and others in Congress – the previous Administration did not take long-term action to address this issue,” wrote Sen. Warner in a letter to Attorney General Merrick Garland and Drug Enforcement Administration Acting Administrator Chris Evans. “I also recognize that much of this delay has been the result of previous Administrations and I hope to work with you all on a new approach that best serves patients.”

In January 2020, Warner similarly urged the Trump administration to finalize the long-awaited rules to expand the use of telehealth services, but never received a response. 

“The COVID-19 pandemic has made clear the importance of increased access to telehealth services and providers across the country continue to be frustrated there is no long-term solution for them to provide adequate care to their patients,” wrote Sen. Warner. “The DEA’s failure to promulgate the rule has meant that – despite Congress’ best efforts – millions of patients could be left without access to long-term treatment via telehealth.”

While the Ryan Haight Act of 2008 prohibited the delivery, distribution, or dispensing of a controlled substance by means of the internet, the law also required the DEA to establish rules allowing certain providers to prescribe and treat their patients without an in-person visit. Despite that requirement, and the passage of several subsequent bipartisan laws reiterating that directive, more than ten years later, the DEA has still not finalized the regulations allowing for prescriptions to be issued following a telehealth appointment.

Sen. Warner noted in today’s letter, “In practice, the DEA’s failure to address this issue means that a vast majority of health care providers that use telehealth to prescribe controlled substances to and otherwise treat their patients have been deterred in getting them the quality care they need. These restrictions have been temporarily waived during the COVID-19 public health emergency, and I welcome that, but patients and providers need a more permanent and long-term solution to this long-delayed rulemaking.” 

Sen. Warner has been a longtime advocate for increased access to health care through telehealth. Last week, he reintroduced legislation to expand coverage of telehealth services through Medicare, make permanent COVID-19 telehealth flexibilities, improve health outcomes, and make it easier for patients to safely connect with their doctors. Last year, during the height of the COVID-19 crisis, Sen. Warner sent a letter to Senate leadership calling for the permanent expansion of access to telehealth services. In 2018, Sen. Warner successfully included a provision to expand telehealth services for substance abuse treatment in the Opioid Crisis Response Act of 2018. In 2003, then-Gov. Warner expanded Medicaid coverage for telemedicine statewide, including evaluation and management visits, a range of individual psychotherapies, the full range of consultations, and some clinical services, including in cardiology and obstetrics. Coverage was also expanded to include non-physician providers. Among other benefits, the telehealth expansion allowed individuals in medically underserved and remote areas of Virginia to access quality specialty care that isn’t always available at home.

Full text of the letter is here and below.

Dear Attorney General Garland and Acting Administrator Evans:

I am writing to follow up on my January 2020 letter to the Drug Enforcement Administration (DEA) regarding implementation of critical provisions in the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 (Ryan Haight Act) (Public Law 91-513) that ensure patients can successfully access medical treatment via telehealth. I am very concerned that – despite repeated outreach from myself and others in Congress – the previous Administration did not take long-term action to address this issue. I also recognize that much of this delay has been the result of previous Administrations and I hope to work with you all on a new approach that best serves patients.

As you may know – the Ryan Haight Act prohibits the sale of controlled substances without at least one in-person examination by a health care provider, but also directs the DEA to draft rules exempting certain health care providers from this prohibition. The spirit and clear intent of this law is to prevent the illicit use and sale of dangerous controlled substances online while maintaining the ability for legitimate healthcare providers to treat patients in need.  

In 2018, I worked with my colleagues in Congress to further clarify this intent by passing the SUPPORT for Patients and Communities Act (SUPPORT Act) (Public Law 115-271). That legislation includes a provision I authored to enable Medicare-eligible individuals suffering from substance use disorder to be diagnosed and treated via telehealth. However, providers treating many of these patients via telehealth are often handicapped by the DEA’s delayed rulemaking and unable to use telehealth to prescribe them the medications they need.

It has now been more than 10 years since the Ryan Haight Act mandated the DEA establish a rule ensuring health care providers can successfully prescribe controlled substances via telehealth, but the DEA still has not acted. The SUPPORT Act again mandated the DEA issue rulemaking by October 2019 and more recently the Fiscal Year 2021 final appropriations report requested DEA establish these rules.

In practice, the DEA’s failure to address this issue means that a vast majority of health care providers that use telehealth to prescribe controlled substances to and otherwise treat their patients have been deterred in getting them the quality care they need. These restrictions have been temporarily waived during the COVID-19 public health emergency, and I welcome that, but patients and providers need a more permanent and long-term solution to this long-delayed rulemaking.

The COVID-19 pandemic has made clear the importance of increased access to telehealth services and providers across the country continue to be frustrated there is no long-term solution for them to provide adequate care to their patients. The DEA’s failure to promulgate the rule has meant that – despite Congress’ best efforts – millions of patients could be left without access to long-term treatment via telehealth. 

I am requesting that DEA act as soon as possible to promulgate rulemaking on this issue. I am also requesting that, in the interim, DEA provide my office with an update on its plan and timeline to promulgate such rules. Thank you in advance for your attention to this request and I look forward to hearing back from you.

Sincerely,

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WASHINGTON – Today U.S. Senators and Co-Chairs of the Senate India Caucus Mark Warner (D-VA) and John Cornyn (R-TX) sent a letter to President Biden urging him to ramp up efforts to support hard-hit countries like India by providing them with medical supplies and surplus vaccinations as they manage the recent surge in coronavirus infections.  

They wrote, “We write to urge you to accelerate U.S. efforts to support other countries as they work to combat the COVID-19 virus.  As the United States strengthens its capacity to fight this virus, with vastly expanded testing and widespread vaccinations for Americans, we must ramp up our support to countries that are being particularly hard hit, such as India, through the provision of medical supplies and surplus vaccinations.” 

“As co-chairs of the Senate India Caucus, we are watching with growing alarm the unprecedented surge of COVID-19 cases, hospitalizations, and deaths, which has overwhelmed hospitals and the overall health system in India.”

“This pandemic has devastated populations and nations across the globe, making very clear that the virus knows no borders. In order to control its spread globally, saving lives abroad and here at home, we must do our part to attack the virus where it is most devastating and active.”

The full text of the letter is here and below.

Dear President Biden:

We write to urge you to accelerate U.S. efforts to support other countries as they work to combat the COVID-19 virus.  As the United States strengthens its capacity to fight this virus, with vastly expanded testing and widespread vaccinations for Americans, we must ramp up our support to countries that are being particularly hard hit, such as India, through the provision of medical supplies and surplus vaccinations. U.S. government agencies – both civilian and military – should be mobilized to lead an international response to the pandemic that both protects the American people from the virus and supports other countries’ efforts. 

Numerous countries are facing record-breaking surges and a devastating number of deaths daily.  India is a case in point. As co-chairs of the Senate India Caucus, we are watching with growing alarm the unprecedented surge of COVID-19 cases, hospitalizations, and deaths, which has overwhelmed hospitals and the overall health system in India. India is the now the epicenter of this crisis and faces a severe shortage of testing kits, vaccines, oxygen equipment, personal protective equipment, and medical facilities. India is also in great need of treatments and medicines, including oxygen, monoclonal antibodies, Remdesivir, and high quality dexamethasone to combat the virus.  

As is the case in this global crisis, this unmitigated surge in COVID-19 not only threatens India and its people, but it threatens the entire world as variants emerge, and nations continue to struggle to limit the virus’ spread. We urge you to find ways to increase support to the most impacted countries, including India, with surplus vaccines, supplies, and field hospitals, as they battle to reduce the number of deaths and new cases. 

The United States has demonstrated real ingenuity and a capacity to scale up its COVID-19 testing and vaccination regimes during the pandemic. We have conducted more than 300 million tests. Now, as the United States averages 2.82 million vaccine doses per day, new cases and deaths have dropped significantly. Even accounting for current and anticipated need domestically, there is now a surplus supply of testing kits that can have the greatest impact abroad, along with personal protective equipment that so many countries desperately need. In addition, with millions of unused AstraZeneca vaccine doses on hand, the U.S. has the ability to send many abroad without a detrimental impact to our own vaccination efforts at this crucial time. We applaud and encourage your efforts to share AstraZeneca doses with India and other countries in need as they come available.

Finally, we congratulate you for taking specific actions to remove obstacles that would get in the way of sending excess vaccines to India. While India has significant capacity to vaccinate, its per capita vaccination rates are insufficient to cover such a large population. Further, we urge you to remove the export embargo on raw materials to India used in vaccine production, which would allow The Serum Institute of India to ramp up production of vaccines that it already produces domestically. We ask that you also assess similar barriers that prohibit the sharing of excess vaccines with other nations. 

As you design your strategy to provide assistance to India and other nations, we ask that you consider the needs outlined above. This pandemic has devastated populations and nations across the globe, making very clear that the virus knows no borders. In order to control its spread globally, saving lives abroad and here at home, we must do our part to attack the virus where it is most devastating and active. We appreciate your commitment to helping our global partners in our shared efforts to combat this disease, and we thank you for your attention to this important matter. 

Sincerely,

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WASHINGTON – U.S. Senator Mark R. Warner (D-VA), Chairman of the Senate Select Committee on Intelligence, joined Senators Maggie Hassan (D-NH), a member of the Senate Finance Committee, and Ron Wyden (D-OR), Chairman of the Committee, and a group of their colleagues in urging the Internal Revenue Service (IRS) to challenge any abusive tax deductions that opioid companies may take for settlements that they are paying out related to their role in fueling the opioid epidemic.

The Senators’ letter follows recent reporting indicating that, after being sued by state or local governments for harmful practices, opioid companies are planning to manipulate the tax code in order to claim billions of dollars in tax benefits. The Senators are calling on the IRS to use the full extent of its authority under recent regulations to challenge these tax schemes. “We strongly encourage the IRS to fully enforce the tax code by challenging any erroneous interpretations of these recent regulations that opioid companies may use in an attempt to claim tax deductions for legal settlement expenses,” wrote the Senators.

In addition to Senators Hassan and Wyden, the letter was signed by Senators Brian Schatz (D-HI), Chris Van Hollen (D-MD), Tammy Baldwin (D-WI), Sheldon Whitehouse (D-RI), Angus King (I-ME), Debbie Stabenow (D-MI), Catherine Cortez Masto (D-NV), Jack Reed (D-RI), and Bob Menendez (D-NJ).

Read the Senators’ full letter here or below:

Dear Commissioner Rettig: 

We write to urge the Internal Revenue Service to use the full extent of its authority to challenge any abusive tax deductions claimed by opioid companies for expenses related to legal settlements regarding these companies’ role in fueling the opioid crisis.

Recent reporting indicates that four companies involved in the multi-district opioid litigation collectively plan to claim billions of dollars in tax deductions for expenses related to a pending $26 billion settlement with state and local governments, which sued these companies for their role in fueling the opioid epidemic. Similarly, in 2019, a judge ordered one of these companies to pay $572 million to the State of Oklahoma for misleading marketing of its opioid products. Based on this reporting, we are concerned that opioid wholesalers and drug companies may mischaracterize legal settlement expenses in order to claim tax deductions under tax code section 162(f), which allows the deduction of restitution payments. 

In January 2021, the IRS published TD 9946, final regulations regarding the deductibility of legal settlement expenses under section 162(f). We strongly encourage the IRS to fully enforce the tax code by challenging any erroneous interpretations of these recent regulations that opioid companies may use in an attempt to claim tax deductions for legal settlement expenses. 

We thank you for your attention to this important issue.

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WASHINGTON – Today, U.S. Senator Mark R. Warner (D-VA), Chairman of the Senate Select Committee on Intelligence, joined Sen. John Cornyn (R-TX) and a bipartisan group of Senate colleagues in sending a letter to President Biden requesting that he fund the initiatives to restore semiconductor manufacturing to American soil from the Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Act that were signed into law as part of the FY21 National Defense Authorization Act. 

They wrote, “We write today to encourage you to prioritize securing funding to implement the initiatives authorized in the CHIPS for America Act that were enacted into law as part of the fiscal year 2021 National Defense Authorization Act.” 

“We would specifically request you consider joining us in support of funding levels that are at least the authorized amounts proposed in the original bill as you work with Congress on a package of policies to better compete with China and how best to strengthen our country’s economic competitiveness and resiliency as well as national security.”

He was joined on the letter by Senators Tom Cotton (R-AK), Mark Kelly (D-AZ), James Risch (R-ID), Kyrsten Sinema (D-AZ), Thom Tillis (R-NC), Angus King (I-ME), Mike Crapo (R-ID), Maggie Hassan (D-NH), Marsha Blackburn (R-TN), Kirsten Gillibrand (D-NY), Susan Collins (R-ME), Jeff Merkley (D-OR), Todd Young (R-IN), Gary Peters (D-MI), Bill Cassidy (R-LA), Jacky Rosen (D-NV), Cindy Hyde-Smith (R-MS), Michael Bennet (D-CO), Roger Wicker (R-MS), Elizabeth Warren (D-MA), Marco Rubio (R-FL), Ron Wyden (D-OR), Tim Scott (R-SC), Richard Blumenthal (D-CT), Roger Marshall (R-KS), Patrick Leahy (D-VT), and Chuck Schumer (D-NY). 

The full text of the letter is here and below.

Dear President Biden,

We write today to encourage you to prioritize securing funding to implement the initiatives authorized in the CHIPS for America Act that were enacted into law as part of the fiscal year 2021 National Defense Authorization Act (referred to as the ‘CHIPS provisions’). We would specifically request you consider joining us in support of funding levels that are at least the authorized amounts proposed in the original bill as you work with Congress on a package of policies to better compete with China and how best to strengthen our country’s economic competitiveness and resiliency as well as national security. 

While signing your Executive Order on America’s Supply Chains on February 24, 2021, we were pleased to hear your comments: “bipartisan work has already been done…We need to make sure these supply chains are secure and reliable. I’m directing senior officials in my administration to work with industrial leaders to identify solutions to this semiconductor shortfall and work very hard with the House and Senate.” We agree that the United States must build on the bipartisan Congressional efforts to authorize the CHIPS provisions and now swiftly move to fund these programs so they can be implemented and begin to address the current supply-chain vulnerabilities that threaten our national and economic security and ensure our nation’s continued global leadership in this critical technology. We are especially encouraged by the opportunity to do emergency mandatory funding for implementation of CHIPS as part of a competitiveness package the Senate is currently compiling, and would welcome your support in that effort.

The United States cannot wait to provide these resources over the years ahead. The halted production lines for consumer technology, auto manufacturers, truckers, and other critical industries due to a semiconductor shortage further highlights the pressing need to act quickly and fund the enacted bipartisan provisions. 

In your Build Back Better initiative, you recognized the value of restoring critical supply chains to U.S. soil to help revitalize our domestic manufacturing capacity and create good-paying jobs. Full funding and implementation of CHIPS would reinvigorate our economy by creating high-paying jobs, developing talent pipelines for American workers, and increasing technological innovation. The CHIPS provisions authorize funding for manufacturing, R&D and job-training programs, with a focus on creating pathways for Americans to acquire the skills necessary for these jobs, including expanding employment opportunities for disadvantaged workers. Ensuring these provisions are fully funded would support thousands of American jobs and create a ripple effect throughout the economy, benefiting countless industries, communities and working families.

In addition to enabling sustainable economic growth today, funding the CHIPS provisions is a top national security priority. The Chinese Communist Party (CCP) has aggressive plans to reorient and dominate the semiconductor supply chain, pouring over $150 billion in semiconductor manufacturing subsidies and investing $1.4 trillion in their efforts to become the dominate global technological power. Even full funding of the originally filed CHIPS provisions pales in comparison to the investments being made by the CCP, which speaks to why consideration of an even higher level of funding is worthwhile.

The United States must also work with our allies and strategic partners to out-scale the CCP in manufacturing capabilities for advanced semiconductors. If we lose these highly-skilled jobs and know-how to China, the United States will never recapture them. Further, we risk dependence on a strategic competitor for the advanced semiconductors that power our economy, military, and critical infrastructure.

As you develop your FY 2022 budget request, we encourage you to include some initial investments to support semiconductor R&D and manufacturing at agencies like Commerce, DOD, DOE, and NSF as intended by CHIPS. 

Finally, should you explore executive actions to address this urgent semiconductor matter, we encourage you to continue pursuing a technology neutral approach.

We are committed to meeting the national imperative of securing our critical supply chains and look forward to working with you and your Administration to achieve this vital objective.

Sincerely, 

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WASHINGTON – Today Senate Select Committee on Intelligence Chairman Sen. Mark R. Warner (D-VA) led a bipartisan group of Senators in urging President Joe Biden to request at least $3 billion as part of his budget request to Congress for the adoption of 5G alternatives to Chinese-made equipment. Specifically, the Senators urged Biden to request at least $1.5 billion each for two funds established by Congress to encourage the adoption of Open Radio Access Network (Open RAN) equipment, which would allow additional vendors to enter the 5G market and compete with manufacturers like Huawei, which is heavily subsidized by the Chinese government.

“Current RAN infrastructure relies on closed, end-to-end hardware solutions that are expensive to operate and dominated by foreign companies. For example, Huawei, a company with inextricable links to the Chinese government and a history of disregard for the intellectual property rights of U.S. companies, offers end-to-end RAN hardware, which poses significant counterintelligence concerns. For years, we have called on telecommunications providers in the U.S., as well as our allies and partners, to reject Huawei 5G technology, but we have not provided competitively-priced, innovative alternatives that would address their needs,” the Senators wrote in a letter. “As wireless networks adapt to the growing demands for 5G connectivity, a new Open RAN architecture will allow telecommunications providers to migrate from the current hardware-centric approach into a software-centric model that  relies heavily on cloud-based services. This architecture will break down the current end-to-end proprietary stack of hardware; lower barriers to entry and prompt innovation; diversify the supply chain and decrease dependence on foreign suppliers; and spur Open RAN deployments throughout the United States, particularly in rural America. Providing resources for these Funds in your budget request presents an opportunity to realize this vision.”

Today’s letter was signed by bipartisan members of the Senate Intelligence Committee: Chairman Warner, Vice Chairman Marco Rubio (R-FL), and Sens. Dianne Feinstein (D-CA), Richard Burr (R-NC), Ron Wyden (D-OR), Susan Collins (R-ME), Martin Heinrich (D-NM), Roy Blunt (R-MO), Angus King (I-ME), Tom Cotton (R-AR), Michael Bennet (D-CO), John Cornyn (R-TX), Bob Casey (D-PA), Ben Sasse (R-NE), and Kirsten Gillibrand (D-NY).

The full text of the letter appears below, and a copy is available here. 

Joseph R. Biden, Jr.   

The President

The White House

1600 Pennsylvania Avenue NW

Washington, D.C. 20500

Dear Mr. President:

As you prepare your budget request for Fiscal Year 2022, we ask that you provide at least $1.5 billion each for both the Public Wireless Supply Chain Innovation Fund and the Multilateral Telecommunications Security Fund.  These Funds provide critical foundations for  robust, secure, and efficient fifth-generation (5G) networks, and will be integral to the ability of the United States and its allies to adopt Open Radio Access Network (Open RAN) equipment at a scale necessary to compete with the equipment vendors of our strategic rivals, including China.

These Funds, established in Section 9202 of the National Defense Authorization Act (NDAA) for Fiscal Year 2021, are consistent with your Interim National Security Strategic Guidance, which calls for investments to retain our scientific and technological edge, build secure 21st century digital infrastructure (including secure 5G networks), and partner with democratic friends and allies.  Investments in these Funds will also enable the development and deployment of an Open RAN approach to network standardization for nationwide 5G (and successor) wireless capabilities.

Current RAN infrastructure relies on closed, end-to-end hardware solutions that are expensive to operate and dominated by foreign companies.  For example, Huawei, a company with inextricable links to the Chinese government and a history of disregard for the intellectual property rights of U.S. companies, offers end-to-end RAN hardware, which poses significant counterintelligence concerns.  For years, we have called on telecommunications providers in the U.S., as well as our allies and partners, to reject Huawei 5G technology, but we have not provided competitively-priced, innovative alternatives that would address their needs. 

As wireless networks adapt to the growing demands for 5G connectivity, a new Open RAN architecture will allow telecommunications providers to migrate from the current hardware-centric approach into a software-centric model that  relies heavily on cloud-based services.  This architecture will break down the current end-to-end proprietary stack of hardware; lower barriers to entry and prompt innovation; diversify the supply chain and decrease dependence on foreign suppliers; and spur Open RAN deployments throughout the United States, particularly in rural America.  Providing resources for these Funds in your budget request presents an opportunity to realize this vision.

We look forward to working with you in a bipartisan manner on this critical national priority. 

Cc:

Mr. Ronald A. Klain, White House Chief of Staff

Mr. Jacob J. Sullivan, Assistant to the President for National Security Affairs

Mr. Robert Fairweather, Acting Director, Office of Management and Budget

The Honorable Gina M. Raimondo, Secretary of Commerce

The Honorable Antony J. Blinken, Secretary of State

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WASHINGTON – Today, a bipartisan group of U.S. national security leaders penned a letter to the Biden administration urging it to strongly consider the provisions laid out in the bipartisan Democracy Technology Partnership Act. The bill – introduced by U.S. Sen. Mark R. Warner (D-VA) and a bipartisan group of Senators earlier this month – aims to develop a partnership and strategy among democratic countries to compete against growing technological strength and influence by the Chinese Communist Party and other authoritarian regimes.  

The letter is penned by a broad bipartisan cohort of national security experts including, Ash Carter, former U.S. Secretary of Defense; Jim Clapper, former Director of National Intelligence (DNI); Richard Danzig, former U.S. Secretary of the Navy; Michèle A. Flournoy, former Under Secretary of Defense for Policy; Richard Fontaine, Chief Executive Officer of the Center for a New American Security (CNAS); Stephen J. Hadley, former U.S. National Security Advisor; Michael V. Hayden, former Director of the Central Intelligence Agency (CIA) and the National Security Agency (NSA); Admiral William H. McRaven, retired U.S. Navy four-star Admiral and former Commander of U.S. Special Operations Command; Stephanie O’Sullivan, former Principal Deputy Director of National Intelligence; and Anne-Marie Slaughter, CEO of New America and former Director of Policy Planning at the U.S. Department of State.

“We believe the bill offers an important idea: creating a diplomatic mechanism to execute a national security strategy, which places technology competition and international partnerships at its center,” the bipartisan national security leaders wrote to U.S. Secretary of State Anthony Blinken and U.S. National Security Advisory, Jake Sullivan. “The strength of the United States – politically, economically, and militarily – will depend on the ability of the United States and like-minded democratic countries to lead in the development and deployment of emerging and critical technologies. Significant advances are occurring across a variety of technology sectors, including wireless telecommunications, biotechnology, artificial intelligence, semiconductors and quantum computing, with major implications for every aspect of American life.” 

In the letter, the national security leaders describe how the Democracy Technology Partnership Act would help set international standards and norms on emerging and critical technologies. 

“For the better half of a century, the United States led in scientific research and the development of transformational technologies, translating into significant economic and military benefits for the American people. This leadership also enabled us to set the rules of the road governing the use of new technologies in ways that reflected our democratic values,” they continued. “However, in recent years, as U.S. leadership has eroded, the People’s Republic of China has stepped up its efforts to dominate critical and emerging technologies. Their approach has included heavily subsidizing Chinese companies, conducting forced technology transfers, investing significantly in research and development, heavily promoting the global adoption of Chinese technologies, and leveraging international standard setting bodies. They have used these technologies for undemocratic ends internally, such as censorship and surveillance, and exported these technologies, with their illiberal values, abroad.”

“Given the size of the PRC and the scale of its investments, the United States cannot protect its technologies nor compete on its own. The world’s major liberal-democratic nations must work together to help set international standards and norms, conduct joint research, coordinate export controls and investment screening, and make collaborative investments abroad. The Democracy Technology Partnership Act outlines an important vision and strategic plan for how the United States should collaborate with friends and allies on a technology strategy while promoting and protecting our common interests. We ask for your strong consideration of its provisions,” they concluded.

A copy of the letter can be found here and below.

The Honorable Antony J. Blinken

Secretary of State

U.S. Department of State

2201 C Street, NW

Washington, D.C. 20520

Mr. Jake Sullivan

National Security Advisor

The White House

1600 Pennsylvania Ave., NW

Washington, D.C. 20500

Dear Secretary Blinken and Mr. Sullivan:

We write to convey our support for the bipartisan Democracy Technology Partnership Act (S.604), recently introduced by Senators Warner, Menendez, Schumer, Young, Cornyn, Sasse, Rubio and Bennet. The bill establishes an office that would seek to create a new diplomatic partnership of the world’s tech-leading democracies to coordinate technology policy, standards, and development. We believe the bill offers an important idea: creating a diplomatic mechanism to execute a national security strategy, which places technology competition and international partnerships at its center.

The strength of the United States – politically, economically, and militarily – will depend on the ability of the United States and like-minded democratic countries to lead in the development and deployment of emerging and critical technologies. Significant advances are occurring across a variety of technology sectors, including wireless telecommunications, biotechnology, artificial intelligence, semiconductors and quantum computing, with major implications for every aspect of American life.   

For the better half of a century, the United States led in scientific research and the development of transformational technologies, translating into significant economic and military benefits for the American people. This leadership also enabled us to set the rules of the road governing the use of new technologies in ways that reflected our democratic values.  

However, in recent years, as U.S. leadership has eroded, the People’s Republic of China has stepped up its efforts to dominate critical and emerging technologies. Their approach has included heavily subsidizing Chinese companies, conducting forced technology transfers, investing significantly in research and development, heavily promoting the global adoption of Chinese technologies, and leveraging international standard setting bodies. They have used these technologies for undemocratic ends internally, such as censorship and surveillance, and exported these technologies, with their illiberal values, abroad.

Given the size of the PRC and the scale of its investments, the United States cannot protect its technologies nor compete on its own. The world’s major liberal-democratic nations must work together to help set international standards and norms, conduct joint research, coordinate export controls and investment screening, and make collaborative investments abroad. 

The Democracy Technology Partnership Act outlines an important vision and strategic plan for how the United States should collaborate with friends and allies on a technology strategy while promoting and protecting our common interests. We ask for your strong consideration of its provisions. 

Sincerely,

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WASHINGTON – U.S. Sens. Mark R. Warner (D-VA) and Tammy Duckworth (D-IL) sent a letter to the Biden administration urging it to develop concrete steps to tackle the alarming rate of food insecurity many military families currently face. In their letter, the Senators also urge the administration to appoint an individual from within the Department of Defense (DoD) to lead efforts to tackle the issue of food insecurity as it affects mission readiness as well as troop retention and recruitment.

“We are writing to express significant alarm over food insecurity and hunger facing numerous servicemembers and their families nationwide, and the compounding effect that the COVID-19 pandemic and its economic impacts have had. We believe that as a country we must do more to assist these struggling families, and therefore ask the Department of Defense to outline concrete steps they intend to take to support these families, and ways in which Congress can assist these efforts to reduce food insecurity among our servicemembers and their families,” wrote the Senators to Department of Defense Secretary Lloyd Austin.

The issue of food insecurity among military families has existed long before the COVID-19 crisis, with servicemembers and their families turning to food pantries and food distribution programs to feed their families. In fact, a 2019 survey conducted by the Military Family Advisory Network (MFAN) found that one in eight out of their respondents reported experiencing food insecurity. According to that same survey, Virginia military families experienced even higher frequencies of food insecurity, with one in six families struggling to afford food. In addition, Pentagon records show that during the 2018-19 school year, one-third of military children at DoD-run schools in the U.S. were eligible for free or reduced-price school meals. Unfortunately, the COVID-19 crisis has only worsened these trends. A Blue Star Family survey from July 2020 – when COVID-19 cases continued to skyrocket nationwide – found five percent of all respondents were unable to afford more than a week’s worth of food.

“The COVID-19 pandemic has only exacerbated this crisis for military families. Military spouses already struggled with high levels of unemployment, at 24 percent, prior to the pandemic. Due to COVID-19, many military families have lost needed second sources of family income, and struggle with working or finding work, while also managing virtual schooling and insufficient child care options. This has had a catastrophic effect on family finances, increasing the risks of food insecurity. The COVID-19 Military Support Initiative Pain Points Poll, organized by Blue Star Families from July 2020, also revealed disturbing findings, with five percent of all respondents unable to afford more than a week’s worth of food, and 17 percent of military spouse respondents who reported losing a job or being unable to work as a result of the crisis,” the Senators continued. “Despite these challenges, we still require our servicemembers and their families to maintain mission readiness, to conduct Permanent Change of Station moves, to train, to deploy, and to execute their duties without fail. They are obligated to honor the commitments they have made by choosing to serve and protect our freedoms. We too have an obligation - to make sure that our military families have what they need to not just survive, but thrive.”

In their letter, the Senators also called for DoD to expeditiously submit the congressional report examining military food insecurity that was mandated through the FY20 National Defense Authorization Act (NDAA). The long-overdue report would give Congress another snapshot of the food insecurity our military families face. 

Sen. Warner has been a strong advocate of expanded access to food assistance for families in the Commonwealth amid the COVID-19 crisis. He has put pressure on the USDA to formally authorize Virginia’s request to participate in the Supplemental Nutrition Assistance Program (SNAP) Online Purchasing Pilot Program, successfully pushed USDA to waive a requirement that made it more difficult for families to receive USDA-reimbursable meals, and secured a USDA designation that allows food banks to distribute food directly to Virginia families in need while limiting interactions between food bank staff, volunteers, and recipients. In August, Sen. Warner also successfully pushed for USDA to extend critical food waivers to help make sure students have access to nutritious meals while school districts participate in distance learning. Sen. Warner introduced the Healthy Food for All Americans Act and the FEMA Empowering Essential Deliveries (FEED) Act to tackle the food insecurity gap. Additionally, Sen. Warner supported the passage of the American Rescue Plan, which extends a 15 percent increase in SNAP benefits through September 30, 2021.

A copy of the letter can be found here and below.

The Honorable Lloyd J. Austin III

Secretary of Defense

1000 Defense Pentagon

Washington, DC 20301-1000

Dear Secretary Austin:   

We are writing to express significant alarm over food insecurity and hunger facing numerous servicemembers and their families nationwide, and the compounding effect that the COVID-19 pandemic and its economic impacts have had. We believe that as a country we must do more to assist these struggling families, and therefore ask the Department of Defense to outline concrete steps they intend to take to support these families, and ways in which Congress can assist these efforts to reduce food insecurity among our servicemembers and their families. 

The problem of food insecurity existed long before the pandemic began, with military families using food pantries and distribution programs on or near every single military base in the United States. A 2019 survey organized by the Military Family Advisory Network (MFAN) showed the pervasiveness of food insecurity in the military. Per the U.S. Department of Agriculture’s Six Item Food Security Scale, one in eight out of MFAN’s survey respondents in 2019 reported experiencing food insecurity. 

Moreover, a Blue Star Families 2018 Military Family Lifestyle Survey found that seven percent of military family respondents stated that someone in their household had faced food insecurity in the previous year, and nine percent of military family respondents indicated that someone in their household had sought emergency food assistance. In addition, Pentagon records show that during the 2018-19 school year, one-third of military children at DoD-run schools in the U.S. were eligible for free or reduced-price school meals.  

The COVID-19 pandemic has only exacerbated this crisis for military families. Military spouses already struggled with high levels of unemployment, at 24 percent, prior to the pandemic. Due to COVID-19, many military families have lost needed second sources of family income, and struggle with working or finding work, while also managing virtual schooling and insufficient child care options. This has had a catastrophic effect on family finances, increasing the risks of food insecurity. The COVID-19 Military Support Initiative Pain Points Poll, organized by Blue Star Families from July 2020, also revealed disturbing findings, with five percent of all respondents unable to afford more than a week’s worth of food, and 17 percent of military spouse respondents who reported losing a job or being unable to work as a result of the crisis. 

Despite these challenges, we still require our servicemembers and their families to maintain mission readiness, to conduct Permanent Change of Station moves, to train, to deploy, and to execute their duties without fail. They are obligated to honor the commitments they have made by choosing to serve and protect our freedoms. We too have an obligation – to make sure that our military families have what they need to not just survive, but thrive.

We understand that the report examining military food insecurity called for in the Fiscal Year 2020 National Defense Authorization Act is overdue at this point, and that a briefing on the report is expected in the coming months for the House and Senate Armed Services Committee staffs. We request this report be completed expeditiously and that either a briefing be expanded to include all interested Congressional staff, or that a separate briefing on this report be held so that other interested Congressional staff could participate. 

In addition, we ask that the Department of Defense assign a single point of contact within the Department to lead this effort. We also ask that the Department provide a plan for addressing food insecurity and hunger for our servicemembers and their families by April 15. Any plan should, at least, address the following:

·       recommended inter-agency coordination with USDA and other relevant federal agencies,

·       an engagement strategy for partners such as MAZON: A Jewish Response to Hunger, and National Military Family Association, which have been deeply involved in responding to this issue; 

·       your assessment of recent proposals such as the Military Family Basic Needs Allowance and the removal of the barrier to federal nutrition assistance programs created by counting the Basic Allowance for Housing as income; 

·       suggestions to foster a change of culture within the Department to remove the shame and stigma that prevent many who are struggling from seeking help, and 

·       the costs of failing to take action to respond.

The problem of food insecurity among military families is an issue of mission readiness as well as troop retention and recruitment. We appreciate your attention to this urgent matter and stand ready to help.   

Sincerely,

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