Author: MIL-OSI Publisher

Source: United States Senator for Kansas Roger Marshall

ICYMI: Sen. Marshall Talks Infrastructure and Labor Shortage on FOX Business

Source: United States Senator for Florida Marco Rubio

Washington, D.C. — U.S. Senator Marco Rubio (R-FL) introduced the TSP Fiduciary Security Act to update the fiduciary duty of the Federal Retirement Thrift Investment Board (FRTIB), which is tasked with managing the retirement savings of federal civil servants through the nearly $800 billion Thrift Savings Plan (TSP), to include national security considerations. Specifically, the legislation would modify the FRTIB to include a duty not to harm national security. Investment of the TSP in Chinese military companies, as well as companies on the U.S. Department of Commerce Entity List, as well as proxy votes by the contractual managers of the TSP that would cause companies the TSP is invested in to harm national security assets, would presumptively violate fiduciary duty per this legislation.

“It was incredibly shortsighted and dangerous for the Federal Retirement Thrift Investment Board to attempt to invest American civil servants’ retirement savings in companies that are tools of the Chinese Communist Party,” Rubio said. “But it was also revealing of a serious problem: the Board and their friends on Wall Street will get away with using American servicemembers’ own savings to fund threats to U.S. national security if the fiduciary duties binding these money managers only focus on short-term financial value. My legislation would update the Board’s fiduciary duty to more accurately reflect the interests of the TSP’s beneficiaries, rather than the financial interests of Wall Street.  
 
The TSP Fiduciary Security Act would:
 

• Prevent the use of the FRTIB’s fiduciary duty to justify investments that harm national security by incorporating a duty to not harm U.S. national security.
• Define as a presumptive breaches of fiduciary duty:
  • Investments in Communist Chinese military companies.
  • Investment in companies on the entity list.
  • Proxy votes in favor of transactions that would breach contracts with the federal government, significantly reduce capital expenditures in critical technologies, or outsource critical technologies to China or other countries of national security concerns.
  • Proxy votes in favor of nominees to the board of directors who are employed by any entity to which investment in would be a breach of fiduciary duty, or who propose actions for the company they are nominated to that would cause investment in the company to cause a breach of fiduciary duty. 

Related: 
 

• May 20, 2021: Rubio Leads Bipartisan, Bicameral Bill Banning TSP Board From Steering Federal Retirement Savings to China 
• May 13, 2020: Rubio, Shaheen Welcome Decision by TSP Board to Halt Transfer of Federal Retirement Savings to China  
• November 6, 2019: Rubio, Shaheen Lead Bipartisan, Bicameral Bill Banning TSP Board from Steering Federal Retirement Savings to China 
• October 22, 2019: Rubio, Shaheen Lead Bipartisan Group Urging TSP Board to Reverse Decision to Steer Federal Retirement Savings to China
• September 30, 2019: ICYMI: Rubio & Shaheen: Federal Retirement Savings Should Not Fund China’s Communist Party
• August 26, 2019: Rubio, Shaheen Urge TSP Board to Reverse Decision to Steer Federal Retirement Savings to China

Source: United States Senator for New York Kirsten Gillibrand

June 10, 2021

Today, U.S. Senators Kirsten Gillibrand (D-NY) and Mike Rounds (R-SD) led a bipartisan group of 38 senators in calling for $500 million to fully fund U.S.-Israel cooperative missile defense programs in the Defense Appropriations bill for fiscal year 2022. Israel’s missile defense system is made up of four operational layers: Iron Dome, David’s Sling, Arrow 2 and now Arrow 3. In addition to contributing to ballistic missile defense, the funding will support crucial work on research, development and test activities to counter hostile unmanned aerial systems. 

“Not only does this critical funding help Israel defend itself and save lives, but it also strengthens U.S. national security, aiding research and development,” said Senator Gillibrand. “Our relationship with Israel is unbreakable and I’m proud to lead this bipartisan push each year to ensure Israel has the resources needed to protect its citizens.”

“We have had a great deal of success in improving our missile defense systems working with Israel,” said Senator Rounds. “The advancements we have been able to make in this cooperative effort will benefit our defense capabilities as well as those of our ally Israel. This missile defense system has also saved the lives of countless Israeli and Palestinian citizens living in Israel. It is important that we continue to authorize and fund these systems.”

The bipartisan group of senators wrote, “the U.S.-Israeli cooperation has resulted in a system that can, and has, countered numerous missile threats from state and non-state actors from adversaries in Gaza, Lebanon, Syria, Iran, and elsewhere. This system provides Israel with the ability to protect lives at home and on the battlefield, keeping its citizens and soldiers out of harm’s way.”

Senators Gillibrand and Rounds have long led this bipartisan letter in support of U.S.-Israeli cooperative missile defense programs, which advance U.S. national security interests by supporting Israel’s ability to defend itself against missile and rocket attacks. For several years, the senators have led letters that have secured at least $500 million for these important programs. In the Senate, Gillibrand has led the letter dating back to at least 2012. 

In addition to Senators Gillibrand and Rounds, the letter was signed by Senators Bennet (D-CO), Blumenthal (D-CT), Booker (D-NJ), Brown (D-OH), Cantwell (D-WA), Cardin (D-MD), Casey (D-PA), Coons (D-DE), Cortez Masto (D-NV), Cramer (R-ND), Daines (R-MT), Duckworth (D-IL), Feinstein (D-CA), Fischer (R-NE), Hassan (D-NH), Hickenlooper (D-CO), Kaine (D-VA), Kelly (D-AZ), Klobuchar (D-MN), Lankford (R-OK), Markey (D-MA), Merkley (D-OR), Padilla (D-CA), Peters (D-MI), Rosen (D-NV), Rubio (R-FL), Schatz (D-HI), Sinema (D-AZ), Smith (D-MN), Stabenow (D-MI), Thune (R-SD), Van Hollen (D-MD), Warner (D-VA), Warnock (D-GA), Wyden (D-OR) and Young (R-IN).

The text of the letter appears below:

Dear Chairman Tester and Ranking Member Shelby:

Thank you for this committee’s strong support of U.S.-Israel collaborative defense programs, including Iron Dome, David’s Sling, and Arrow as well as our continued cooperative work on Unmanned Aircraft Systems (UAS). As you begin work on the Fiscal Year (FY) 2022 Defense Appropriations bill, we write seeking $500 million for continued support for these in order to meet the United States’ and Israel’s national security needs.

Joint U.S.-Israel missile defense collaboration on Israel’s multilayer missile defense system has been foundational to the defense of Israel since the 1980s. Congress has consistently supported this project. Israel’s missile defense system is made up of four operational layers: Iron Dome (short-range), David’s Sling (medium-range), Arrow 2 (longer range), and now Arrow 3 (very long range). The U.S.-Israeli cooperation has resulted in a system that can, and has, countered numerous missile threats from state and non-state actors from adversaries in Gaza, Lebanon, Syria, Iran, and elsewhere. This system provides Israel with the ability to protect lives at home and on the battlefield, keeping its citizens and soldiers out of harm’s way.

This cooperative program has also created an important flow of data and invaluable insight to support vital U.S. missile defense technology while safeguarding our strategic ally Israel and our service members in the region. This program synergizes with our ongoing operations in the area increasing interoperability between U.S. and Israeli systems and forces. Moreover, the program supports critical elements of the industrial base and important jobs here in the United States through co-development and co-production agreements.

Another area of critical importance to both the United States and Israel, is in the field of UAS, and perhaps just as importantly, counter-UAS. In February 2020, the U.S. Defense Innovation Unit announced it had selected Israeli firm D-Fend Solutions to field a counter-drone system for the FBI and U.S. military. This technology was co-developed with the U.S. Combatting Terrorism Technical Support Office. CTTSO has played a crucial role in U.S.-Israel cooperation and innovation. 

For FY 2022, in addition to ballistic missile defense, $500 million will continue critical work on research, development and test activities to counter hostile unmanned aerial systems. This funding will further development of a range of systems designed to handle the imminent threats American and Israeli forces face.

Together, these programs confront the compelling challenges facing both Israel and the United States and form a strong foundation of the enduring friendship of our nations. We look forward to working with you on these important programs.

Sincerely,

Source: United States Senator for Commonwealth of Virginia Mark R Warner

WASHINGTON – Today, U.S. Senators Mark R. Warner and Tim Kaine announced $15,627,024 in federal funding from the U.S. Department of Housing and Urban Development (HUD) to help Virginians access affordable housing across the Commonwealth. The funding was awarded through the Emergency Housing Vouchers (EHV) Program, and authorized by the American Rescue Plan Act (ARPA), which both Senators voted to pass in March.

“We are glad to see this federal funding from the ARP go toward supporting Virginians who are feeling the financial impacts of the COVID-19 pandemic,” the Senators said. “This critical aid will help ensure people across the Commonwealth have access to safe and affordable housing, while Virginia begins to build back better.”

The EHV program is a collaborative effort between the U.S. Department of Housing and Urban Development (HUD) and local Public Housing Authorities (PHAs) to help American families and individuals access quality housing resources.

The funding will be distributed as follows:

Virginia Housing Recipients	Amount
Virginia Housing Development Authority	$4,822,200.00
Fairfax County Redevelopment & Housing Authority	$3,079,560.00
Richmond Redevelopment & Housing Authority	$1,333,128.00
Norfolk Redevelopment & Housing Authority	$933,240.00
Prince William County Office of Housing & Community Development	$1,095,132.00
Alexandria Redevelopment & Housing Authority	$1,008,444.00
Arlington County Dept. of Human Services	$659,988.00
Virginia Beach Dept. of Housing & Neighborhood Preservation	$488,484.00
Newport News Redevelopment & Housing Authority	$426,468.00
Roanoke Redevelopment & Housing Authority	$320,280.00
Hampton Redevelopment & Housing Authority	$332,712.00
Portsmouth Redevelopment & Housing Authority	$257,484.00
Bristol Redevelopment & Housing Authority	$136,188.00
Hopewell Redevelopment & Housing Authority	$185,580.00
Lynchburg Redevelopment & Housing Authority	$148,272.00
Charlottesville Redevelopment & Housing Authority	$214,776.00
Petersburg Redevelopment & Housing Authority	$185,088.00
Total:	$15,627,024.00

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Source: United States Senator for New Hampshire Jeanne Shaheen

June 10, 2021

(Washington, DC) – U.S. Senators Jeanne Shaheen (D-NH) and Lisa Murkowski (R-AK) reintroduced their bipartisan bill to fix a measure in the 2017 tax bill that led to taxes on critical water infrastructure investments in New Hampshire, Alaska and across the nation. The bill would amend the treatment of Contributions in aid of Construction (CIAC) under Section 118 of the Internal Revenue Code to reduce the burden on taxpayers and encourage water and wastewater utilities to invest in water infrastructure projects and community development. Senator Maggie Hassan (D-NH) also cosponsored the bill.

Before the Trump administration passed the Tax Cuts and Jobs Act of 2017 (TCJA), water and wastewater utilities were exempted from the CIAC tax. But the TCJA reinstated this tax, forcing these costs to be covered by either state and local governments or ratepayers and property taxpayers. These changes have already resulted in at least $1.15 million in new federal taxes for water infrastructure projects in Southern New Hampshire, reducing the likelihood of investments in water infrastructure and community development.  

“Investing in water infrastructure means investing in public health, job creation and economic development. These critical investments must be made without sticking local communities with an unexpected bill,” said Shaheen. “That’s why I’m proud to lead this bipartisan, common-sense effort with Senator Murkowski to simultaneously invest in infrastructure jobs and ensure families have access to clean drinking water. I’ll keep working in the Senate to protect taxpayers and meaningfully invest in New Hampshire’s infrastructure.”  

“Water and sewer utilities in Alaska have stressed the importance of tax exemption for contributions in aid of construction for the expansion, improvement, or replacement of the facilities Alaskans rely on. Historically, these contributions have been tax exempt, but when we passed the Tax Cuts and Jobs Act in 2017, a provision disqualified the tax exemption. Absent a fix, water utilities have no choice but to pass the bill on to rate payers,” said Murkowski.  “This correction to the law will help bring relief to Alaskans who are struggling to pay the high costs of basic water and sewer services.”

“Drinking water contamination issues are a growing concern for many residential well owners. This tax creates a barrier for water utilities from helping to provide connections to clean water. We are pleased at the prospect of removing this disincentive so that public money can be directed to improving our citizen’s health rather than going back to Washington,” said Bob Scott, Commissioner of the New Hampshire Department of Environmental Services. 

“An unfortunate result of the Tax Cuts and Jobs Act of 2017 (TCJA) as it relates to Costs in Aid of Construction (CIAC) is that privately owned water utilities are now subject to taxes related to infrastructure being provided as CIAC. This is a burden to the Southern NH Regional Water Project and is continuing to cause additional burden to develop infrastructure. It is encouraging that Senator Shaheen and Senator Murkowski have continued their effort to reintroduce a bill to reinstate the exemption for the tax,” said Charlie Lanza, General Manager of the Hampstead Area Water Company. 

The U.S. tax code has long provided favorable tax treatment for what are known as Contributions in Aid of Construction (CIAC), as well as for certain grants made by governmental or civic entities, to help companies and communities make investments in projects that benefit the public. Since 1996, the U.S. tax code has included a specific provision that excludes these contributions made to water and sewer utilities from their taxable income. Unfortunately, the TCJA eliminated this tax exemption. The TCJA also made an additional change that eliminated the tax-free treatment of capital contributions if made by governmental entities or civic groups. These changes could impact the Drinking Water and Groundwater Trust Fund in New Hampshire, as well as municipal governments that make investments in water or other infrastructure. Specifically, Shaheen and Murkowski’s bill would reverse these two harmful changes to the U.S. tax code and revert these specific provisions to pre-TCJA status. 

Full text of the legislation can be found here.  

The Shaheen-Murkowski legislation is endorsed by a number of state and national construction and environmental organizations, including the Granite State Rural Water Association, International Council of Shopping Centers, National Association of Home Builders, Merrimack Citizens for Clean Water, National Association of Regulatory Utility Commissioners, National Association of Water Companies, Rural Community Assistance Partnership, Testing for Pease, Pennichuck Corporation and Hampstead Water Company. 

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Source: United States Senator for New Hampshire Jeanne Shaheen

June 10, 2021

WASHINGTON – Senators Jeanne Shaheen and Maggie Hassan and Representatives Annie Kuster and Chris Pappas wrote to Department of Education Secretary Miguel Cardona calling on the Department to work with New Hampshire to ensure that schools can use federal COVID-19 relief funding for needed construction projects, particularly those that improve air ventilation systems.  

“We urge the U.S. Department of Education (“the Department”) to work with New Hampshire’s state Department of Education (SEA) and impacted local educational agencies (LEAs) to ensure that students, teachers, and other school personnel return to safe and well-ventilated school buildings in the fall,” wrote the Congressional Delegation. “Congress intentionally made [COVID-19 relief] funding flexible so that it could meet the unique needs of school districts and their communities to support remote learning when necessary and get students and teachers to safely return to full-time, in-person instruction as soon as possible.”

Read the Congressional Delegation’s full letter here or below:

Secretary Cardona:

We write to express concern about administrative barriers that threaten to delay school projects to mitigate the risks of COVID-19 in New Hampshire. We urge the U.S. Department of Education (“the Department”) to work with New Hampshire’s state Department of Education (SEA) and impacted local educational agencies (LEAs) to ensure that students, teachers, and other school personnel return to safe and well-ventilated school buildings in the fall. We are concerned that recently-issued guidance from the Department will exacerbate current funding delays and prevent schools from effectively utilizing federal relief funds for needed construction projects.

Since the beginning of the pandemic, Congress has recognized the significant disruptions that COVID-19 has had on school districts and the students they serve. To help address this, Congress provided $13.2 billion to the Elementary and Secondary School Emergency Relief Fund (ESSER fund) in March 2020, under the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act). As the pandemic continued, Congress appropriated an additional $54.3 billion to the ESSER fund under the Coronavirus Response and Relief Supplemental Appropriations Act (CRRSA) – called ESSER II. Congress intentionally made this funding flexible so that it could meet the unique needs of school districts and their communities to support remote learning when necessary and get students and teachers to safely return to full-time, in-person instruction as soon as possible.  Subsequently, Congress provided an additional $122 billion for the ESSER fund in the American Rescue Plan Act of 2021(ARP), signed into law on March 11, 2021.

The CARES Act allows ESSER funds to be used under any authority of the Elementary and Secondary Education Act.  The text of CRRSA also explicitly states that relief funds can be used for “School facility repairs and improvements to enable operation of schools to reduce risk of virus transmission and exposure to environmental health hazards, and to support student health needs” and for “Inspection, testing, maintenance, repair, replacement, and upgrade projects to improve the indoor air quality in school facilities, including mechanical and non-mechanical heating, ventilation, and air conditioning systems, filtering, purification and other air cleaning, fans, control systems, and window and door repair and replacement.”

In January, the New Hampshire SEA notified LEAs that they would receive additional funding under ESSER II.^[1] At this time, the state provided LEAs with a fact sheet outlining the broad use of funds they could allocate these resources toward – including air ventilation updates. Understanding the time constraints to move forward with these projects, LEAs immediately started planning and working with the SEA on what was needed for project approval.

On May 26, 2021, the Department released an ESSER fund guidance document, entitled “Frequently Asked Questions, Elementary and Secondary School Emergency Relief Programs, Governor’s Emergency Education Relief Programs” that includes questions and answers intended to provide clarity to the federal requirements applicable to how ESSER funds may be used for construction projects, including HVAC updates. Even with this guidance document, there remains considerable confusion about the SEA’s responsibility to approve these projects.

We are concerned that, under this guidance document, it appears that the Department is applying onerous regulations on school districts looking to use ESSER funds for HVAC improvements and other construction projects. Specifically, part 75 federal regulations (34 CFR §§ 76.600 and 75.600-75.618) state that “Before construction is advertised or placed on the market for bidding, the grantee shall get approval by the Secretary of the final working drawings and specifications,” with the SEA standing in the place of the Secretary as the pass-through entity to approve the drawings and specifications. Additionally, part 75 includes requirements such as having a full environmental impact study, despite public health recommendations being clear that schools should prioritize improved air quality to mitigate COVID-19.

These unduly burdensome requirements have put a number of LEAs’ HVAC-related projects on hold and are delaying essential work to protect students and improve indoor air quality in school facilities. Under CRSSA, Congress authorized ESSER funds to be used for HVAC-related improvements, but the Department did not make clear which regulations apply to these projects until May 26th, months after funds were released to SEAs and LEAs. We believe these LEAs are pursuing HVAC-related projects consistent with the purpose of these funds “to prevent, prepare for, and respond to” COVID-19.

Additionally, these regulations create obstacles for the use of ESSER funds for prior costs dating back to March 13, 2020, when the national emergency was declared. The Department’s guidance states “Although the lists of allowable uses of funds are not identical, any of the ESSER funds (ESSER I, ESSER II, or ARP ESSER) may be used to support all of the allowable uses of funds listed in any of the ESSER programs.” Therefore LEAs should be able to use ESSER funds for costs incurred for HVAC upgrades and/or facility repairs that were done in response to the COVID-19 pandemic. However, in order to comply with the guidance provided on May 26, 2021, specifically 34 CFR § 75.605, final plans would need to have been approved by the Governor or SEA before the construction was advertised or placed on the market for bidding. Therefore, the Department’s decision to put in place this requirement potentially prohibits the use of funds for HVAC and other facility renovations that have already taken place in response to the coronavirus pandemic.

LEAs facing these delays in New Hampshire have followed the information and guidance available to them at the time regarding using ESSER funds for HVAC projects that Congress explicitly authorized in COVID-19 relief legislation. LEAs may now be forced to restart their procurement process, despite following federal and state contracting requirements, because of continued confusion with New Hampshire’s SEA over the required grantee approval process and applicability of part 75 requirements outlined in guidance released by the Department on May 26, 2021.

We ask that you work with the New Hampshire SEA to expedite the approval process of these projects and revise the guidance as needed so that schools can use their ESSER funds to prevent, prepare for, and respond to COVID-19 as expeditiously as possible. We further respectfully request that you consider SEAs’ being exempt from the requirements under 34 CFR § 75.605(b) for the purposes of the use of ESSER funds, provided that the LEA, within its request for funding, offers certification that the final working drawings and specifications meet applicable industry standards, including but not limited to the use of American Society of Heating, Refrigeration and Air Conditioning Engineers (ASHRAE) standards.

Thank you for your attention to this matter and for your work to ensure the successful usage of ESSER funds to support school districts and their schools during this challenging time. Please let us know if we can be helpful in any way as you work to address this issue.

Source: United States Senator for New Hampshire Jeanne Shaheen

June 10, 2021

**Legislation comes amid Pride Month & would build on Biden administration efforts to embed LGBTQI+ protections throughout U.S. foreign policy, establish a permanent Special Envoy for the Human Rights of LGBTQI+ Persons** 

(Washington, DC) – U.S. Senator Jeanne Shaheen (D-NH) joined Senators Ed Markey (D-MA) and Jeff Merkley (D-OR), all members of the Senate Foreign Relations committee, in reintroducing the Greater Leadership Overseas for the Benefit of Equality (GLOBE) Act. The legislation would establish equality and justice as key components of U.S. foreign policy; affirm that discrimination, hatred and violence against LGBTQI+ individuals will not be tolerated by the United States, and assert that the United States government will treat LGBTQI+ rights as human rights throughout its foreign policy, development assistance and immigration programs. The bill would also establish a permanent Special Envoy for the Human Rights of LGBTQI Persons at the State Department. 

“As the U.S. restores its role as the global leader in promoting human rights, LGBTQI+ rights must be a top priority. We must double down on our commitment to protect the right for people to love freely and express their truest gender identity – regardless of where they live in  the world,” said Shaheen. “I’m encouraged by the Biden administration’s efforts to ensure LGBTQI+ rights are integrated within our foreign policy goals, and I look forward to working with them to ensure this bill’s passage to establish a dedicated Special Envoy. We must not back down on our push for equality and justice on the global stage.”  

Specifically, the GLOBE Act: 

• Codifies the State Department Special Envoy for the Human Rights of LGBTQI Persons in law; 
• Requires the State Department to document human rights abuses and discrimination against LGBTQI+ individuals around the world; 
• Restricts entry into the United States for foreign individuals responsible for abuse and murder of LGBTQI+ populations; 
• Ensures fair access to asylum and refugee programs for LGBTQI+ individuals; 
• Requires engagement with international organizations, including the United Nations and the World Bank, to protect international LGBTQI+ rights; and 
• Protects the rights of U.S. LGBTQI+ citizens serving their countries overseas at diplomatic and consular posts. 

The GLOBE Act is cosponsored in the Senate by Senators Patrick Leahy (D-VT), Chris Van Hollen (D-MD), Richard Blumenthal (D-CT), Ron Wyden (D-OR), Ben Cardin (D-MD), Dick Durbin (D-IL), Cory Booker (D-NJ), Chris Murphy (D-CT), Amy Klobuchar (D-MN), Alex Padilla (D-CA), Sheldon Whitehouse (D-RI), Brian Schatz (D-HI), Bob Casey (D-PA), Chris Coons (D-DE), Tammy Baldwin (D-WI), Patty Murray (D-WA), Debbie Stabenow (D-MI), Tina Smith (D-MN), Jacky Rosen (D-NV) and Tim Kaine (D-VA).