U.S. News - Federal News Network https://federalnewsnetwork.com Helping feds meet their mission. Tue, 23 Jul 2024 01:10:48 +0000 en-US hourly 1 https://federalnewsnetwork.com/wp-content/uploads/2017/12/cropped-icon-512x512-1-60x60.png U.S. News - Federal News Network https://federalnewsnetwork.com 32 32 Secret Service director, grilled by lawmakers on the Trump assassination attempt, says ‘we failed’ https://federalnewsnetwork.com/management/2024/07/secret-service-chief-will-be-questioned-over-security-failures-before-trump-assassination-attempt/ https://federalnewsnetwork.com/management/2024/07/secret-service-chief-will-be-questioned-over-security-failures-before-trump-assassination-attempt/#respond Mon, 22 Jul 2024 20:41:35 +0000 https://federalnewsnetwork.com/?p=5083994 The Secret Service's director says the roof where a shooter opened fire at Donald Trump's Pennsylvania rally was identified as a potential vulnerability days before the event. Director Kimberly Cheatle made the comments Monday as she was grilled by lawmakers over the July 13 assassination attempt of the Republican presidential nominee. Cheatle acknowledges the agency was told about a suspicious person “between two and five times” before the assassination attempt of the former president. Cheatle told lawmakers during a congressional hearing, “On July 13, we failed.” Cheatle was berated for hours by Republicans and Democrats, repeatedly angering lawmakers by evading questions about the investigation into the shooting.

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WASHINGTON (AP) — Secret Service Director Kimberly Cheatle said Monday that her agency failed in its mission to protect former President Donald Trump, as lawmakers of both major political parties demanded during a highly contentious congressional hearing that she resign over security failures that allowed a gunman to scale a roof and open fire at a campaign rally.

Cheatle was berated for hours by Republicans and Democrats, repeatedly angering lawmakers by evading questions about the investigation during the first hearing over the July 13 assassination attempt. Cheatle called the attempt on Trump’s life the Secret Service’s “most significant operational failure” in decades, and vowed to “move heaven and earth” to get to the bottom of what went wrong and make sure there’s no repeat of it.

“The Secret Service’s solemn mission is to protect our nation’s leaders. On July 13th, we failed,” she told lawmakers on the House Oversight and Accountability Committee.

Cheatle acknowledged that the Secret Service was told about a suspicious person two to five times before the shooting at the Butler, Pennsylvania, rally. She also revealed that the roof from which Thomas Matthew Crooks opened fire had been identified as a potential vulnerability days before the rally. Cheatle said she apologized to Trump in a phone call after the assassination attempt.

Yet Cheatle remained defiant that she was the “right person” to lead the Secret Service, even as she said she takes full responsibility the security lapses. When Republican Rep. Nancy Mace suggested Cheatle begin drafting her resignation letter from the hearing room, Cheatle responded, “No, thank you.”

In a rare moment of unity for the often divided committee, the Republican chairman, Rep. James Comer, and its top Democrat, Rep. Jamie Raskin, issued a letter calling on Cheatle to step down.

The White House didn’t immediately comment on whether President Joe Biden still has confidence in Cheatle after her testimony.

Democrats and Republicans were united in their exasperation as Cheatle said she didn’t know or couldn’t answer numerous questions more than a week after the shooting that left one spectator dead. At one point, Mace used profanity as she accused Cheatle of lying and dodging questions, prompting calls for lawmakers to show “decorum.”

Lawmakers pressed Cheatle on how the gunman could get so close to the Republican presidential nominee when he was supposed to be carefully guarded, and why Trump was allowed to take the stage after local law enforcement had identified Crooks as suspicious.

“It has been 10 days since an assassination attempt on a former president of the United States. Regardless of party, there need to be answers,” said Rep. Alexandria Ocasio-Cortez, D-New York.

Cheatle acknowledged that Crooks had been seen by local law enforcement before the shooting with a rangefinder, a small device resembling binoculars that hunters use to measure distance from a target. She said the Secret Service would never have taken Trump onto the stage if it had known there was an “actual threat.” Local law enforcement took a photo of Crooks and shared it after seeing him acting suspiciously, but he wasn’t deemed to be a “threat” until seconds before he opened fire, she said.

“An individual with a backpack is not a threat,” Cheatle said. “An individual with a rangefinder is not a threat.”

Cheatle said local enforcement officers were inside the building from which Crooks fired. But when asked why there were no agents on the roof or if the Secret Service used drones to monitor the area, Cheatle said she is still waiting for the investigation to play out, prompting groans and outbursts from members on the committee.

“Director Cheatle, because Donald Trump is alive, and thank God he is, you look incompetent,” said Rep. Mike Turner, R-Ohio. “If he were killed, you would look culpable.”

Rep. Ro Khanna, one of the Democrats who joined the calls for Cheatle to resign, noted that the Secret Service director who presided over the agency when there was an attempted assassination of former Republican President Ronald Reagan later stepped down.

“The one thing we have to have in this country are agencies that transcend politics and have the confidence of independents, Democrats, Republicans, progressives and conservatives,” Khanna said, adding that the Secret Service was no longer one of those agencies.

Trump was wounded in the ear, a former Pennsylvania fire chief was killed and two other attendees were injured when Crooks opened fire with an AR-style rifle shortly after Trump began speaking.

Cheatle said the agency hopes to have its internal investigation completed in 60 days. Homeland Security Secretary Alejandro Mayorkas has separately appointed a bipartisan, independent panel to review the assassination attempt, while the department’s inspector general has opened three investigations.

Meanwhile, a bipartisan delegation of about a dozen members of the House Committee on Homeland Security toured the shooting site Monday. The lawmakers said they were the first group outside law enforcement to climb onto the roof where the shooter positioned himself.

Authorities have been hunting for clues into what motivated Crooks but have not found any ideological bent that could help explain his actions. Investigators who searched his phone found photos of Trump, Biden and other senior government officials and found that he had looked up the dates for the Democratic National Conventional as well as Trump’s appearances. He also searched for information about major depressive order.

The attack on Trump was the most serious attempt to assassinate a president or presidential candidate since Reagan was shot in 1981. It was the latest in a series of security lapses by the agency that has drawn investigations and public scrutiny over the years.

Cheatle took over two years ago as head of the Secret Service’s 7,800 special agents, uniformed officers and other staffers whose main purpose is protecting presidents, vice presidents, their families, former presidents and others. In announcing her appointment, Biden said Cheatle had served on his vice presidential detail and called her a “distinguished law enforcement professional with exceptional leadership skills” who had his “complete trust.”

Cheatle took the reins from James M. Murray as multiple congressional committees and an internal watchdog investigated missing text messages from when Trump supporters stormed the U.S. Capitol on Jan. 6, 2021. The Secret Service says they were purged during a technology transition.

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Lauer reported from Philadelphia. Associated Press reporters Michael Kunzelman and Zeke Miller in Washington contributed.

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Follow the AP’s coverage of the U.S. Secret Service at https://apnews.com/hub/us-secret-service.

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Democrats promise an ‘orderly process’ to replace Biden. Harris is favored, but questions remain https://federalnewsnetwork.com/management/2024/07/democrats-promise-orderly-process-to-replace-biden-where-harris-is-favored-but-questions-remain/ https://federalnewsnetwork.com/management/2024/07/democrats-promise-orderly-process-to-replace-biden-where-harris-is-favored-but-questions-remain/#respond Mon, 22 Jul 2024 15:02:44 +0000 https://federalnewsnetwork.com/?p=5083539 President Joe Biden giving up his reelection bid and endorsing Vice President Kamala Harris makes her the prohibitive favorite to be nominee in November.

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WASHINGTON (AP) — Shortly after President Joe Biden announced that he would drop his reelection campaign, Democratic National Committee Chair Jaime Harrison had a message: There would be no automatic coronation for his replacement.

“In the coming days, the party will undertake a transparent and orderly process to move forward,” Harrison said in a statement. “This process will be governed by established rules and procedures of the party. Our delegates are prepared to take seriously their responsibility in swiftly delivering a candidate to the American people.“

The comment reflected the reality that while Vice President Kamala Harris is emerging as the prohibitive favorite to become the party’s nominee, it’s not so simple. And, for now, the party isn’t offering many details on what happens next.

Some DNC members had already begun privately discussing contingency plans for the possibility that Biden would step aside prior to his decision to do so on Sunday. A committee setting the party’s rules for the Democratic National Convention, which opens Aug. 19 in Chicago, will gather virtually on Wednesday to discuss the next steps.

Harris has to formally secure the nomination from the around 4,700 Democratic convention delegates — including those pledged to Biden, as well as the elected officials, former presidents and other party elders known as superdelegates.

Wearing sweats and having a dinner of anchovy pizza with staff members at the vice president’s residence on Sunday, Harris spent 10-plus hours calling more than 100 party leaders, members of Congress, governors, labor leaders and leaders of advocacy and civil rights organizations. She was spreading the message she intends to earn the Democratic nomination, aides say.

Biden won Democratic primaries in every state, and Harris was on the ticket as his running mate. His tapping her as his successor while bowing out of the race further strengthens her case, as does the endorsements of party heavyweights. Other top Democrats openly backed the vice president even before Biden abandoned his reelection bid, urging him to “pass the torch” to her in the wake of his dismal debate performance against Republican nominee Donald Trump last month.

“Folks will be weighing in and they should. I think we’re seeing a lot of coalescing behind the vice president,” said Rahna Epting, executive director of the progressive organization MoveOn. “And that’s important because, as we saw throughout the Biden debate fallout, there is momentum that can be built one way or the other, and it is important for us to build momentum toward unity.”

Ken Martin, president of the Association of State Democratic Committees, which represents the 57 parties in the states and territories, said Harris was the obvious choice: “Having served alongside President Biden, she is ready on day one as a candidate and as our next president.” She was also endorsed by the 1.75-million-member American Federation of Teachers union.

But Democratic rules state only that delegates “in all good conscience” vote for the candidate they were elected to represent, with no mechanism for defectors. And some in the party have endorsed an open nominating process.

There’s been active debate about how to proceed among lawmakers, major donors and former high-ranking officials of the Biden, Obama and Clinton administrations, said a Democrat with deep ties to the Biden administration.

The person, who spoke on the condition of anonymity to discuss internal conversations, argued that Harris would benefit from a competitive mini-primary ahead of the Democratic convention, because it would help solidify her as a strong candidate and diminish criticism that she’s been undemocratically anointed. That’s a charge the Trump campaign has already sought to use against her, and could loom large in the battle for undecided voters in battleground states.

Such a scenario might leave Democrats heading into their convention without a clear nominee, though, and perhaps choosing one via a series of potentially messy floor votes. That could mean top Democratic candidates looking to replace Biden resorting to visiting individual state delegations to lobby — a process unseen since 1960, when Lyndon B. Johnson and John F. Kennedy jockeyed for support during their party’s convention in Los Angeles.

If that happened, in addition to Harris, many other leading Democrats could vie for the nomination, including the likes of California Gov. Gavin Newsom, Michigan Gov. Gretchen Whitmer, Pennsylvania Gov. Josh Shapiro and California Rep. Ro Khanna — though many say they’re endorsing Harris.

Inside the White House, meanwhile, there’s low expectation that Harris will get a serious challenge, according to a person familiar with deliberations who requested anonymity to discuss the private conversations.

Others who have been mentioned as viable contenders — including Shapiro and North Carolina Gov. Roy Cooper — have also both endorsed Harris and would seem unlikely to run in light of Biden’s backing her, and the expected fundraising advantage she would hold over anyone who’d enter the field.

The DNC had planned to hold a virtual roll call to choose its nominee ahead of the convention, in order to meet Ohio ballot eligibility rules. That state’s original ballot deadline was Aug. 7, and though the Legislature has since approved a law nullifying that, it doesn’t take effect until Sept. 1.

DNC lawyers say that means the party could face legal challenges in Ohio if it fails to name their party’s nominee prior to the state’s original deadline. But the convention rules committee has said it won’t set a date for the virtual roll call — which could take place over several days — before Aug. 1.

Some Democrats fear a host of other GOP legal challenges, including New York Rep. Alexandria Ocasio-Cortez, who had defended Biden staying in the race by arguing that replacing him might trigger “a presidential election being decided by Clarence Thomas and the Supreme Court” — like what happened during the 2000 presidential election and the disputed recount in Florida.

At Wednesday’s conventions rules committee meeting, members could establish virtual roll call rules and a process to nominate Harris or create a more open process for choosing a nominee, according to a person familiar with the process who spoke on condition of anonymity to discuss internal deliberations.

Harrison, the DNC chair, refrained from endorsing Harris in a statement, saying only, “In short order, the American people will hear from the Democratic Party on next steps and the path forward for the nomination process.”

A somber Harrison also joined a virtual meeting of the convention credentials committee on Sunday, telling members, “I’m emotional.”

“I still support my president,” Harrison said of Biden. “And we will get through this, my friends, as we always do.”

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Associated Press writer Colleen Long contributed to this report.

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Nominations for National Guard leaders languish, triggering concerns as top officers retire https://federalnewsnetwork.com/defense-news/2024/07/nominations-for-national-guard-leaders-languish-triggering-concerns-as-top-officers-retire/ https://federalnewsnetwork.com/defense-news/2024/07/nominations-for-national-guard-leaders-languish-triggering-concerns-as-top-officers-retire/#respond Fri, 19 Jul 2024 21:45:21 +0000 https://federalnewsnetwork.com/?p=5082430 The top four officers of the National Guard Bureau have left or are set to retire in about two weeks, and to date no nominations for their replacements have been confirmed by the Senate. The lack of action leaves the bureau, the Air Guard and the Army Guard without permanent leadership as they head into a busy hurricane season and a potentially challenging election period. Gen. Daniel Hokanson, chief of the Guard Bureau, will retire at the beginning of August and Lt. Gen. Marc Sasseville, who was the vice chief, has already retired. Lt. Gen. Jon Jensen, who is chief of the Army Guard but has been serving as acting vice chief, is also scheduled to retire in early August.

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WASHINGTON (AP) — The top four officers of the National Guard Bureau have left or are set to retire in about two weeks, and to date no nominations for their replacements have been confirmed by the Senate, leaving the bureau, the Air Guard and the Army Guard without permanent leadership as they head into a busy hurricane season and a potentially challenging election period.

Gen. Daniel Hokanson, chief of the Guard Bureau, will retire at the beginning of August and Lt. Gen. Marc Sasseville, who was the vice chief, has already retired. Lt. Gen. Jon Jensen, who is chief of the Army Guard but has been serving as acting vice chief, will also retire in early August.

The lack of progress on the nominations has become a source of concern to the bureau, which oversees the training and oversight of the Guard and Reserve forces who deploy on federal duty for overseas combat and to protect the homeland. The Guard chief is a member of the Joint Chiefs of Staff, and serves as a key link to the adjutant generals who command the state Guard units across the country and its territories.

As an example, Guard troops from a number of states were called to Washington, D.C. to help secure the city after rioters attacked the U.S. Capitol on Jan. 6, 2020. They also, in their state active duty status, routinely respond to hurricanes, fires and other disasters, including during the COVID-19 pandemic.

As the retirements loom, the National Guard Association of the United States sent a letter to the leaders of the Senate Armed Services Committee.

Retired Maj. Gen. Francis M. McGinn, president of the association, said Friday that they are “shocked and disappointed in the process” and the fact that the White House hasn’t gotten nominations to the Senate.

He said that with the busy months ahead, having other officers serving temporarily in acting positions isn’t as effective as having a confirmed leaders in the job. In some cases, he said, they don’t have all the same authorities as those who are confirmed.

“A key part of having our chief on the Joint Chiefs is that direct line right to the secretary of defense. And that’s one of the benefits of having him in that room and in those discussions,” said McGinn.

The administration, he said, has known for several years that all four leaders – the chief, vice chief, Air Guard director and Army Guard director — would all be retiring this summer. The prospect has forced the bureau to juggle people around to cover the jobs, while nominations languish.

In March, the nomination of Maj. Gen. Duke Pirak to become the next Air Guard director was sent to the Senate to replace Lt. Gen. Michael A. Loh. Early last month, Loh retired, and Pirak has been serving as the acting director.

Just last week, the Senate received the nomination of Maj. Gen. Jonathan Stubbs, currently the adjutant general in Arkansas, to be the next director of the Army Guard, to replace Jensen.

No hearings or votes have been scheduled for either Stubbs or Pirak.

Meanwhile, the nominations for the top two slots — the chief and vice chief of the Guard – have not yet left the White House.

“Delays in the confirmation process can lead to gaps in leadership, disrupting operational continuity and potentially compromising our military’s ability to respond swiftly and effectively to emerging threats,” wrote McGinn in the letter to the committee’s chairman, Sen. Jack Reed, D-Rhode Island, and the ranking Republican, Sen. Roger Wicker of Mississippi.

According to officials, the Pentagon has recommended Air Force Lt. Gen. Steven Nordhaus as the next chief, and Army Maj. Gen. Joseph Jarrard as the vice chief. But their names haven’t been sent to the Senate. Officials spoke on condition of anonymity to discuss personnel movements.

Nordhaus is currently the commander of 1st Air Force and the North American Aerospace Defense Command’s (NORAD) continental U.S. region, which provides and controls airspace surveillance and activities for the U.S.

Jarrard has been serving as the director of operations for the Guard bureau.

Officials said that if Pirak is confirmed in the next week or two, he would likely serve as acting chief.

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Pentagon leaker Jack Teixeira to face a military court-martial, Air Force says https://federalnewsnetwork.com/defense-main/2024/07/pentagon-leaker-jack-teixeira-to-face-a-military-court-martial-air-force-says/ https://federalnewsnetwork.com/defense-main/2024/07/pentagon-leaker-jack-teixeira-to-face-a-military-court-martial-air-force-says/#respond Wed, 17 Jul 2024 20:24:21 +0000 https://federalnewsnetwork.com/?p=5079232 Massachusetts Air National Guard member Jack Teixeira is expected to face a military court-martial for leaking highly classified military documents.

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BOSTON (AP) — Massachusetts Air National Guard member Jack Teixeira, who pleaded guilty in March to federal criminal charges for leaking highly classified military documents, will now face a military court-martial.

Teixeira admitted to illegally collecting some of the nation’s most sensitive secrets and sharing them on the social media platform Discord. He is facing military charges of disobeying orders and obstructing justice.

The U.S. Air Force said in a statement Wednesday that he will be tried at Hanscom Air Force Base in Massachusetts but no date has been set. An attorney for Teixeira didn’t immediately respond to a message seeking comment.

At a May hearing, military prosecutors said a court-martial is appropriate given that obeying orders is the “absolute core” of the military. But Teixeira’s lawyers argued that further action would amount to prosecuting him twice for the same offense.

Teixeira, who was part of the 102nd Intelligence Wing at Otis Air National Guard Base in Massachusetts, worked as a cyber transport systems specialist, essentially an information technology specialist responsible for military communications networks.

Teixeira was arrested just over a year ago in the most consequential national security leak in years.

He pleaded guilty on March 4 to six counts of willful retention and transmission of national defense information under a deal with prosecutors that calls for him to serve at least 11 years in prison. He’s scheduled to be sentenced in that case in September.

Authorities in the criminal case said Teixeira first typed out classified documents he accessed and then began sharing photographs of files that bore SECRET and TOP SECRET markings. The leak exposed to the world unvarnished secret assessments of Russia’s war in Ukraine, including information about troop movements in Ukraine and the provision of supplies and equipment to Ukrainian troops. Teixeira also admitted to posting information about a U.S. adversary’s plans to harm U.S. forces serving overseas.

The stunning security breach raised alarm over America’s ability to protect its most closely guarded secrets and forced President Joe Biden’s administration to scramble to try to contain the diplomatic and military fallout. The leaks embarrassed the Pentagon, which tightened controls to safeguard classified information and disciplined members it found had intentionally failed to take required action about Teixeira’s suspicious behavior.

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The Supreme Court strips the SEC of a critical enforcement tool in fraud cases https://federalnewsnetwork.com/management/2024/06/the-supreme-court-strips-the-sec-of-a-critical-enforcement-tool-in-fraud-cases/ https://federalnewsnetwork.com/management/2024/06/the-supreme-court-strips-the-sec-of-a-critical-enforcement-tool-in-fraud-cases/#respond Thu, 27 Jun 2024 19:11:47 +0000 https://federalnewsnetwork.com/?p=5055740 The Supreme Court has stripped the Securities and Exchange Commission of a major tool in fighting securities fraud.

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WASHINGTON (AP) — The Supreme Court on Thursday stripped the Securities and Exchange Commission of a major tool in fighting securities fraud in a decision that also could have far-reaching effects on other regulatory agencies.

The justices ruled in a 6-3 vote that people accused of fraud by the SEC, which regulates securities markets, have the right to a jury trial in federal court. The in-house proceedings the SEC has used in some civil fraud complaints, including against Houston hedge fund manager George Jarkesy, violate the Constitution, the court said.

“A defendant facing a fraud suit has the right to be tried by a jury of his peers before a neutral adjudicator,” Chief Justice John Roberts wrote for the court’s conservative majority.

Justice Sonia Sotomayor, who read from her dissent in the courtroom, said that “litigants who seek to dismantle the administrative state” would rejoice in the decision.

Federal agencies that oversee safety in mines and other workplaces are among many that can only impose civil penalties in in-house, administrative proceedings, Sotomayor wrote, joined by Justices Ketanji Brown Jackson and Elena Kagan.

“For those and countless other agencies, all the majority can say is tough luck; get a new statute from Congress,” she wrote.

The case is among several this term in which conservative and business interests are urging the nine-member court to constrict federal regulators. The court’s six conservatives already have done so, including in a decision last year that sharply limited environmental regulators’ ability to police water pollution in wetlands.

Still awaiting decision are cases calling on the court to overturn the 40-year-old ruling colloquially known as Chevron, which has made it easier to sustain regulation of the environment, public, health, worker safety and consumer protection. Some of the same parties that supported Jarkesy at the Supreme Court are calling for Chevron to be overturned.

The SEC was awarded more than $5 billion in civil penalties in the 2023 government spending year that ended Sept. 30, the agency said in a news release. It was unclear how much of that money came through in-house proceedings or lawsuits in federal court.

The agency had already reduced the number of cases it brings in administrative proceedings pending the Supreme Court’s resolution of the case.

The high court rejected arguments advanced by President Joe Biden’s Democratic administration that relied on a 50-year-old decision in which the court ruled that in-house proceedings did not violate the Constitution’s right to a jury trial in civil lawsuits.

The justices ruled in favor of Jarkesy after the SEC appealed a decision in which the New Orleans-based 5th U.S. Circuit Court of Appeals threw out stiff financial penalties against Jarkesy and his Patriot28 investment adviser.

The appeals court found that the SEC’s case against Jarkesy, resulting in a $300,000 civil fine and the repayment of $680,000 in allegedly ill-gotten gains, should have been heard in a federal court instead of before one of the SEC’s administrative law judges.

Jarkesy’s lawyers noted that the SEC wins almost all the cases it brings in front of the administrative law judges but only about 60% of cases tried in federal court.

The appeals court also said Congress unconstitutionally granted the SEC “unfettered authority” to decide whether the case should be tried in a court of law or handled within the executive branch agency. And it said laws shielding the commission’s administrative law judges from being fired by the president are unconstitutional.

Those issues got virtually no attention during arguments in November, and the court chose to resolve the case only on the right to a jury trial.

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Follow the AP’s coverage of the U.S. Supreme Court at https://apnews.com/hub/us-supreme-court.

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US proposes rules to stop Americans from investing in Chinese technology with military uses https://federalnewsnetwork.com/defense-news/2024/06/us-proposes-rules-to-stop-americans-from-investing-in-chinese-technology-with-military-uses/ https://federalnewsnetwork.com/defense-news/2024/06/us-proposes-rules-to-stop-americans-from-investing-in-chinese-technology-with-military-uses/#respond Fri, 21 Jun 2024 21:35:28 +0000 https://federalnewsnetwork.com/?p=5048752 The Treasury Department has fleshed out its proposed rule that would restrict and monitor U.S. investments in China for artificial intelligence, computer chips and quantum computing. The proposed rule, released Friday, stems from President Joe Biden’s August 2023 executive order regarding the access that “countries of concern” have to American dollars that fund advanced technologies, which the U.S. government says would enhance their military, intelligence, surveillance and cyber capabilities. The order identified China, Hong Kong and Macau as countries of concern.

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WASHINGTON (AP) — The Treasury Department on Friday fleshed out a proposed rule that would restrict and monitor U.S. investments in China for artificial intelligence, computer chips and quantum computing.

The proposed rule stems from President Joe Biden’s August 2023 executive order regarding the access that “countries of concern” have to American dollars that fund advanced technologies, which the U.S. government says would enhance their military, intelligence, surveillance and cyber capabilities. The order identified China, Hong Kong and Macau as countries of concern.

The Biden administration has sought to stymie the development of technologies by China, the world’s second-largest economy, that could give it a military edge or enable it to dominate emerging sectors such as electric vehicles.

In addition to the proposed rule, Democrat Biden has also placed a stiff tariff on Chinese EVs, an issue with political implications as the president and Republican Donald Trump are both trying to show voters who can best stand up to China, a geopolitical rival and major trading partner.

The proposed rule outlines the required information that U.S. citizens and permanent residents must provide when engaging in transactions in this area, as well as what would be considered a violation of the restrictions.

It specifically would prohibit American investors from funding AI systems in China that could be used for weapons targeting, combat and location tracking, among other military applications, according to a senior Treasury official who previewed the rule for reporters on the condition of anonymity.

J. Philip Ludvigson, a partner at King & Spalding and a former Treasury official for Investment Security, said “companies and investors are now getting a much better look at what will be expected of them” under the new outbound investment program. “These added details are particularly important because the private sector will be shouldering the many due diligence and compliance burdens associated with making new investments,” he said.

Craig Allen, president of the U.S.-China Business Council, a nonprofit organization of American firms that do business in China, said his organization “supports the Biden administration’s efforts to protect U.S. national security while also ensuring robust commercial exchange with China for the benefit of American companies, workers and our economy.”

Treasury is seeking comment on the proposal through Aug. 4, 2024, and after that is expected to issue a final rule.

Biden administration officials, including Treasury Secretary Janet Yellen, have insisted that they have no interest in “decoupling” from China — however, tensions between the two nations have increased in recent years.

After the U.S. military in February 2023 shot down a suspected Chinese spy balloon off the Carolina coast after it traversed sensitive military sites across North America, China threatened repercussions.

Since then, incidents between the two nations based on national security concerns have regularly occurred.

For instance, Biden in May issued an order blocking a Chinese-backed cryptocurrency mining firm from owning land near a Wyoming nuclear missile base, calling its proximity to the base a “national security risk.”

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Ospreys face flight restrictions through 2025 due to crashes, military tells Congress https://federalnewsnetwork.com/defense-main/2024/06/congress-sought-osprey-crash-and-safety-documents-from-the-pentagon-last-year-its-still-waiting/ https://federalnewsnetwork.com/defense-main/2024/06/congress-sought-osprey-crash-and-safety-documents-from-the-pentagon-last-year-its-still-waiting/#respond Wed, 12 Jun 2024 21:26:14 +0000 https://federalnewsnetwork.com/?p=5037347 The military's hundreds of V-22 Ospreys will not be permitted to fly their full range of missions until at least 2025 following a series of deadly crashes.

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WASHINGTON (AP) — The military’s hundreds of V-22 Ospreys will not be permitted to fly their full range of missions until at least 2025 as the Pentagon addresses safety concerns in the fleet, the head of the program told lawmakers at a hearing Wednesday.

Vice Adm. Carl Chebi, head of U.S. Naval Air Systems Command, which has responsibility for the aircraft military-wide, told lawmakers at a House oversight hearing into a series of recent crashes that it will be at least another six to nine months before the command will be able to complete all of the safety and performance assessments for the Osprey.

Over the lifespan of the program, Chebi said a total of 64 service members have been killed in air and ground accidents, and 93 have been injured. In the last two years, four separate crashes killed a total of 20 service members, and two of those crashes involved catastrophic materiel or mechanical failures the program had not experienced before.

Following a November crash off the coast of Japan that killed eight service members, the fleet was grounded for months. The Ospreys started flying again in a very limited format in March and do not perform the full range of missions, including carrier operations, that the aircraft was made to carry out.

In use since only 2007, the Osprey can fly like an airplane and land like a helicopter. Critics say its innovative design has systemic flaws that are driving the unexpected failures.

One of the reasons for the extension of restricted flight: The military is still working to fix a clutch failure that was identified as one of the primary factors in a June 2022 crash that killed five Marines in California.

The clutch component, like many other parts of the aircraft, has been wearing out far faster than expected. This led to an unprecedented dual hard clutch engagement in the 2022 crash, creating a situation in which the pilots had no way to save the aircraft.

The military has not yet said what exact part failed in the November crash, but Chebi told the panel Wednesday that the cause was something “we’d never seen before.”

Rep. Stephen Lynch, a Massachusetts Democrat, told Chebi to reground the entire fleet until all safety issues were fixed.

“What do you think the consequences will be if we have another V-22 go down and we lose more brave Marines or Airmen between now and the time?” Lynch said. “Your whole program’s done. It’s done. If another Osprey goes down, we’re done. This program’s done. So why don’t we ground this now?”

Families of service members killed in Osprey accidents sat behind Chebi as he testified. Each held a photograph of their family member killed, and after the hearing, he stayed to listen as they told him their concerns.

“We’re afraid that they’re aging out, and now we are having all these crashes,” said Bart Collart, whose son Marine Corps Cpl. Spencer Collart was killed in a 2023 Osprey crash off the coast of Australia.

The committee is looking into whether the program has adequate oversight, but to date, it has not received the data and documents it has requested, members said at the hearing.

Among the information that the House Oversight Committee’s Subcommittee on National Security, the Border and Foreign Affairs has requested but has yet to receive is the wear and replacement rates on Osprey proprotor gearboxes, a component that was a factor in the crash off Japan.

Committee members also have asked for internal crash reports that the military conducts with surviving air and ground crews and witnesses. The reports aren’t available to the public and cannot be used to punish a crew — they are in place to identify and quickly share any safety issues among the fleet.

To date, the staffers said they had received about 3,500 pages of documents, but information was redacted, leaving them unable to conduct oversight. The committee staffers spoke on the condition of anonymity to discuss sensitive matters.

The staffers said the documents they have reviewed left them concerned about whether Pentagon leadership has maintained a close watch on the Osprey program. Some of the problems with the aircraft date back a decade or more but still haven’t been fixed.

After mechanical and material failures led to the 2022 Osprey crash in California, the military said it had instituted changes to prevent the issue from happening again.

“However, the recent fatal crash and ongoing investigations suggest that more transparency and rigorous testing is needed to verify these claims,” Rep. Glenn Grothman, a Wisconsin Republican who chairs the committee, said in a statement to the AP ahead of the hearing.

The Marine Corps is planning on using the Osprey through 2050, while Air Force Special Operations Command has already begun to talk publicly about finding another type of aircraft to conduct missions.

Osprey producers Bell Flight, the Boeing Co. and Rolls-Royce, which supplies the engines, are facing a new lawsuit from families of the five Marines killed in the 2022 California crash. The lawsuit alleges that the companies did not address known parts failures or safety issues that were a factor in the crash.

Boeing and Bell have declined to comment, citing the ongoing litigation.

The staffers say the Pentagon has not provided details on what the restrictions are as the aircraft returns to operations.

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Retired Navy admiral arrested in bribery case linked to government contract https://federalnewsnetwork.com/defense-news/2024/05/retired-navy-admiral-arrested-in-bribery-case-linked-to-government-contract/ https://federalnewsnetwork.com/defense-news/2024/05/retired-navy-admiral-arrested-in-bribery-case-linked-to-government-contract/#respond Fri, 31 May 2024 20:46:29 +0000 https://federalnewsnetwork.com/?p=5023115 Retired four-star admiral Robert Burke, who served as vice chief of naval operations, faces federal charges including bribery and conspiracy.

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WASHINGTON (AP) — A retired four-star admiral who was once the Navy’s second highest ranking officer was arrested Friday on charges that he helped a company secure a government contract for a training program in exchange for a lucrative job with the firm.

Robert Burke, who served as vice chief of naval operations, faces federal charges including bribery and conspiracy for what prosecutors allege was a corrupt scheme that led to the company hiring him after his retirement in 2022 with a starting annual salary of $500,000. He oversaw naval operations in Europe, Russia, and most of Africa.

Also charged in the case are Yongchul “Charlie” Kim and Meghan Messenger, who are co-chief executive officers of the company. The company is not named in court papers, but Kim and Messenger are named as the CEOs on the website for a company called NextJump, which provides training programs.

“The law does not make exceptions for admirals or CEOs. Those who pay and receive bribes must be held accountable,” said Matthew Graves, the U.S. attorney for the District of Columbia. “The urgency is at its greatest when, as here, senior government officials and senior executives are allegedly involved in the corruption.”

Burke, 62, of Coconut Creek, Florida, made his initial appearance in Miami on Friday but didn’t enter a plea during the hearing, according to defense attorney Timothy Parlatore. The lawyer said Burke will plead not guilty and intends to clear his name at trial.

“I think a jury will see through this,” Parlatore said.

Burke conditionally retired from the Navy on July 31, 2022. Senior officers will often conditionally retire if there are administrative matters pending.

Rear Adm. Ryan Perry said the Department of the Navy has fully cooperated with the investigation.

“We take this matter very seriously and will continue to cooperate with the Department of Justice,” Perry said in a statement.

Kim and Messenger’s company provided a workforce training pilot program to a component of the Navy from August 2018 through July 2019. The Navy terminated the pilot program in late 2019 and directed the company not to contact Burke.

But the two company executives arranged to meet with Burke in Washington, D.C., in July 2021. During the meeting, Kim and Messenger proposed that Burke use his Navy position to steer them a contract in exchange for future employment at the company, the indictment alleges.

In December 2021, Burke ordered his staff to award a $355,000 contract to train personnel under Burke’s command in Italy and Spain, according to the indictment. Burke began working at the company in October 2022.

Parlatore noted that the value of that contract was smaller than Burke’s starting salary.

“There was no connection between this contract and his employment.” Parlatore said. “The math just doesn’t make sense that he would give them this relatively small contract for that type of a job offer.”

___

Associated Press writer Lolita C, Baldor in Washington contributed to this report.

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Key Republican calls for ‘generational’ increase in defense spending to counter US adversaries https://federalnewsnetwork.com/defense-main/2024/05/key-republican-calls-for-generational-increase-in-defense-spending-to-counter-us-adversaries/ https://federalnewsnetwork.com/defense-main/2024/05/key-republican-calls-for-generational-increase-in-defense-spending-to-counter-us-adversaries/#respond Wed, 29 May 2024 18:07:07 +0000 https://federalnewsnetwork.com/?p=5018966 The top-ranking Republican on a Senate committee that oversees the military is calling for a “generational investment” in America’s defense.

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WASHINGTON (AP) — The top-ranking Republican on a Senate committee that oversees the military is calling for a “generational investment” in America’s defense, saying aggressive and significant spending increases are necessary to deter coordinated threats from U.S. adversaries such as Russia, Iran and China.

Sen. Roger Wicker told The Associated Press that he will seek an additional $55 billion in defense spending over the limits that were forged in the deal to suspend the nation’s debt limit a year ago. Wicker explained his position in global terms, saying there has “never been such a level of cooperation and coordination among an axis of aggressors” that aims to challenge U.S. dominance.

The plan lays down a significant marker for Senate Republicans as they enter into a new round of budget fights with Democrats in the heat of a closely fought election year. The White House has proposed $850 billion in defense spending, adhering to the debt limit deal by proposing a 1% increase from the previous year. That plan is unlikely to keep pace with inflation and would seek to reduce the military’s costs by retiring older ships and aircraft.

Wicker acknowledged it would be “a hill to climb” to convince Congress to break from the spending caps at a time of deep political upheaval. Washington is still grappling with divisions over support for Ukraine, the aftershocks of two long wars in Iraq and Afghanistan and a presidential election between two presumptive candidates — Biden and Republican Donald Trump — who espouse vastly different visions of America’s role abroad.

But Wicker, R-Miss., said the U.S. has no choice. “We would be very foolish on a national survival basis to adhere to that when it comes to national defense,” said Wicker, the ranking member on the Senate Armed Services Committee.

While GOP defense hawks have long advocated for robust defense spending, Wicker’s plan goes a step further, calling for a broad shift in the U.S. defense posture that would amount to a reshuffling of national priorities. Under his proposal, the military would eventually consume 5% of America’s gross domestic product, or total economic output.

Defense spending when measured as a portion of GDP is currently about 3% and has been declining since the height of the wars in Afghanistan and Iraq. It has not reached above 5% since the early 1990s.

Back in the 1980s and early 1990s, Wicker said, “nobody took a chance against the United States because we were powerful enough to keep the peace. We are simply not anywhere near that right now.”

“I think that the fact that we’re in a new Cold War is self-evident,” he said.

Wicker’s full plan is laid out in a 52-page paper he has been working on for the past year. In it, he makes the case for a new generation of weapons, pointing to an aging American arsenal as Russia moves to expand its territory in Europe and China tries to show increasing dominance in parts of the Pacific.

Closer ties between China and Russia were underscored earlier this month by a visit between leaders Vladimir Putin and Xi Jinping. The two-day visit — Putin’s first trip abroad after being inaugurated to a fifth term in office — reflected a growing partnership between the two nations, an alliance grounded in support for authoritarian regimes and dominance in their respective regions.

China has given diplomatic support to Moscow after its invasion of Ukraine and emerged as a top export market for Russian oil and gas, helping fill the Kremlin’s war coffers for the ongoing offensive.

Wicker said the high-level meeting between Putin and Xi “ought to be a wake up call.”

He said in his proposal that the U.S. faces “the most dangerous threat environment since World War II” and urges a national war footing appropriate for a long, drawn-out conflict with a major world power. For Wicker, that encompasses everything from addressing deferred maintenance on U.S. military facilities that don’t have the right voltage on power outlets to preparing for nuclear weaponry in space.

Still, the spending increases are likely to be viewed skeptically by lawmakers wary of growing the defense budget, which already dominates annual discretionary funding. The legislation to suspend the nation’s debt limit passed Congress with strong bipartisan support and aimed to limit federal budget growth to 1% for the next six years, although the spending caps were only mandatory through this year’s budget.

The House Armed Services Committee this month approved with near-unanimous support an $884 billion proposal for the annual defense authorization bill, keeping within the spending caps but shifting funding towards specific military programs. Yet Senate Democrats are likely to resist further spending cuts to other government programs.

The Senate committee is set to craft the annual military authorization bill next month, but the chairman, Democratic Sen. Jack Reed of Rhode Island, has not publicly released the spending amount that he will propose. Wicker said that he had been in contact with Reed, as well as top Democratic appropriators, about the plan, but their level of support was not clear.

At the same time, defense hawks like Wicker are navigating the shifting politics of defense spending in their own party under Trump’s “America First” brand of foreign policy. Earlier this year, a $95 billion package of foreign aid for Ukraine, Israel and Taiwan faced heavy resistance from a large portion of congressional Republicans, even though much of the funds would be spent buying equipment and ammunition from U.S.-based defense manufacturers.

Senate Republican leader Mitch McConnell, R-Ky., has been vocal about countering those within his party who want to push the U.S. towards a more isolationist stance. And Wicker said there was “an opportunity” to win broad support for redoubling U.S. efforts in the Pacific because congressional Republicans are still supportive of countering China.

As he works to convince Congress to rethink defense spending, Wicker said he was modeling his effort on the push that former Sen. John McCain, an Arizona Republican, made in 2017 as he tried to dramatically increase defense spending. That effort was mostly unsuccessful.

But Wicker expressed confidence that this time can be different.

With China’s military strength dramatically growing and Russia launching the largest land invasion in Europe since World War II, the difference between 2017 and now is “the reality on the ground,” he said.

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Defense Secretary Lloyd Austin resumes duty after undergoing procedure at Walter Reed https://federalnewsnetwork.com/defense-news/2024/05/defense-secretary-lloyd-austin-to-undergo-procedure-at-walter-reed-will-transfer-power-to-deputy/ https://federalnewsnetwork.com/defense-news/2024/05/defense-secretary-lloyd-austin-to-undergo-procedure-at-walter-reed-will-transfer-power-to-deputy/#respond Sat, 25 May 2024 02:23:40 +0000 https://federalnewsnetwork.com/?p=5014621 Defense Secretary Lloyd Austin has undergone a medical procedure at Walter Reed National Military Medical Center and has resumed duty after temporarily transferring power. He is continuing to deal with bladder issues that arose in December following his treatment for prostate cancer. The Pentagon says the procedure Friday was successful, elective and minimally invasive, “is not related to his cancer diagnosis and has had no effect on his excellent cancer prognosis.” Austin has returned home, and the Pentagon says no changes in his official schedule are anticipated, including his participation in Memorial Day events.

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WASHINGTON (AP) — Defense Secretary Lloyd Austin underwent a medical procedure at Walter Reed National Military Medical Center Friday evening and has resumed duty after temporarily transferring power to his deputy, Pentagon press secretary Maj. Gen. Pat Ryder said in a statement.

Austin is continuing to deal with bladder issues that arose in December following his treatment for prostate cancer, Ryder said.

The procedure was successful, elective and minimally invasive, “is not related to his cancer diagnosis and has had no effect on his excellent cancer prognosis,” the press secretary said.

Austin transferred authority to Deputy Secretary of Defense Kathleen Hicks for about two-and-a-half hours while he was indisposed, the Pentagon said.

The Pentagon chief returned home after the procedure. “No changes in his official schedule are anticipated at this time, to include his participation in scheduled Memorial Day events,” Ryder said.

Austin, 70, has had ongoing health issues since undergoing surgery to address a prostate cancer diagnosis. He spent two weeks in the hospital following complications from a prostatectomy. Austin faced criticism at the time for not immediately informing the president or Congress of either his diagnosis or hospitalization.

Austin was taken back to Walter Reed in February for a bladder issue, admitted to intensive care for a second time and underwent a non-surgical procedure under general anesthesia at the time.

The Pentagon has notified the White House and Congress, Ryder said.

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Supreme Court sides with the Consumer Financial Protection Bureau, spurning a conservative attack https://federalnewsnetwork.com/agency-oversight/2024/05/supreme-court-sides-with-the-consumer-financial-protection-bureau-spurning-a-conservative-attack/ https://federalnewsnetwork.com/agency-oversight/2024/05/supreme-court-sides-with-the-consumer-financial-protection-bureau-spurning-a-conservative-attack/#respond Thu, 16 May 2024 17:08:52 +0000 https://federalnewsnetwork.com/?p=5003948 The Supreme Court's rejected a conservative-led attack that could've undermined the Consumer Financial Protection Bureau.

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WASHINGTON (AP) — The Supreme Court on Thursday rejected a conservative-led attack that could have undermined the Consumer Financial Protection Bureau.

The justices ruled 7-2 that the way the CFPB is funded does not violate the Constitution, reversing a lower court and drawing praises from consumers. Justice Clarence Thomas wrote the majority opinion, splitting with his frequent allies, Justices Samuel Alito and Neil Gorsuch, who dissented.

The CFPB was created after the 2008 financial crisis to regulate mortgages, car loans and other consumer finance. The case was brought by payday lenders who object to a bureau rule that limits their ability to withdraw funds directly from borrowers’ bank accounts. It’s among several major challenges to federal regulatory agencies on the docket this term for a court that has for more than a decade been open to limits on their operations.

The CFPB, the brainchild of Democratic Sen. Elizabeth Warren of Massachusetts, has long been opposed by Republicans and their financial backers. The bureau says it has returned $19 billion to consumers since its creation.

Outside the Supreme Court following the decision, Warren said, “The Supreme Court followed the law, and the CFPB is here to stay.”

President Joe Biden, a fellow Democrat who has taken steps to strengthen the bureau, called the ruling “an unmistakable win for American consumers.”

Unlike most federal agencies, the consumer bureau does not rely on the annual budget process in Congress. Instead, it is funded directly by the Federal Reserve, with a current annual limit of around $600 million.

The federal appeals court in New Orleans, in a novel ruling, held that the funding violated the Constitution’s appropriations clause because it improperly shields the CFPB from congressional supervision.

Thomas reached back to the earliest days of the Constitution in his majority opinion to note that “the Bureau’s funding mechanism fits comfortably with the First Congress’ appropriations practice.”

In dissent, Alito wrote, “The Court upholds a novel statutory scheme under which the powerful Consumer Financial Protection Bureau (CFPB) may bankroll its own agenda without any congressional control or oversight.”

The CFPB case was argued more than seven months ago, during the first week of the court’s term. Lopsided decisions like Thursday’s 7-2 vote typically don’t take so long, but Alito’s dissent was longer than the majority opinion, and two other justices, Elena Kagan and Ketanji Brown Jackson, wrote separate opinions even though they both were part of the majority.

Consumer groups cheered the decision, as did a bureau spokesman.

“For years, lawbreaking companies and Wall Street lobbyists have been scheming to defund essential consumer protection enforcement,” bureau spokesman Sam Gilford said in a statement. “The Supreme Court has rejected their radical theory that would have devastated the American financial markets. The Court repudiated the arguments of the payday loan lobby and made it clear that the CFPB is here to stay.”

Jesse Van Tol, president and CEO of the National Community Reinvestment Coalition, said the decision upholding the consumer bureau’s funding structure would have positive effects across the U.S. economy.

“It’s always nice to see the courts get something right — especially in this tawdry circumstance where payday loan predators sought to wriggle out of basic oversight using absurd distortions of law and fact,” Van Tol said in a statement.

While the U.S. Chamber of Commerce and some other business interests backed the payday lenders, mortgage bankers and other sectors regulated by the CFPB cautioned the court to avoid a broad ruling that could unsettle the markets.

In 2020, the court decided another CFPB case, ruling that Congress had improperly insulated the head of the bureau from removal. The justices said the director could be replaced by the president at will but allowed the bureau to continue to operate.

___

This story has been corrected to show the bureau spokesman’s surname is Gilford, not Goldford or Gifford.

___

Follow the AP’s coverage of the U.S. Supreme Court at https://apnews.com/hub/us-supreme-court.

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Biden blocks Chinese-backed crypto mining firm from land ownership near Wyoming missile base https://federalnewsnetwork.com/defense-main/2024/05/biden-blocks-chinese-backed-crypto-miner-from-land-ownership-near-wyoming-military-base/ https://federalnewsnetwork.com/defense-main/2024/05/biden-blocks-chinese-backed-crypto-miner-from-land-ownership-near-wyoming-military-base/#respond Mon, 13 May 2024 22:48:44 +0000 https://federalnewsnetwork.com/?p=4999550 President Joe Biden on Monday issued an order blocking a Chinese-backed cryptocurrency mining firm from owning land near a Wyoming nuclear missile base, calling its proximity to the base a “national security risk.” The order forces the divestment of property operated as a crypto mining facility near the Francis E. Warren Air Force Base. It also forces the removal of certain equipment owned by MineOne Partners Ltd., a firm that is partly owned by the Chinese state. The move was made in coordination with the U.S. Committee on Foreign Investment in the United States.

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WASHINGTON (AP) — President Joe Biden on Monday issued an order blocking a Chinese-backed cryptocurrency mining firm from owning land near a Wyoming nuclear missile base, calling its proximity to the base a “national security risk.”

The order forces the divestment of property operated as a crypto mining facility near the Francis E. Warren Air Force Base. MineOne Partners Ltd., a firm partly backed by Chinese nationals, and its affiliates are also required to remove certain equipment on the site.

This comes as the U.S. is slated on Tuesday to issue major new tariffs on electric vehicles, semiconductors, solar equipment and medical supplies imported from China, according to a U.S. official and another person familiar with the plan.

And with election season in full swing, both Biden and his presumptive Republican challenger, former President Donald Trump, have told voters that they’ll be tough on China, the world’s second-largest economy after the United States and an emerging geopolitical rival.

The Monday divestment order was made in coordination with the U.S. Committee on Foreign Investment in the United States — a little-known but powerful government committee tasked with investigating corporate deals for national security concerns that holds power to force companies to change ownership structures or divest completely from the U.S.

A 2018 law granted CFIUS the authority to review real estate transactions near sensitive sites across the U.S., including F.E. Warren Air Force Base.

MineOne purchased the land that is within one mile of the Air Force base in Cheyenne in 2022, and according to CFIUS, the purchase was not reported to the committee as required until after the panel received a public tip.

The order was vague about the specific national security concerns, with the Treasury Department saying only that there were issues with “specialized and foreign-sourced equipment potentially capable of facilitating surveillance and espionage activities” that “presented a significant national security risk.”

A representative from the firm did not respond to an Associated Press request for comment.

Treasury Secretary Janet Yellen, who serves as the chairperson of CFIUS, said the role of the committee is “to ensure that foreign investment does not undermine our national security, particularly as it relates to transactions that present risk to sensitive U.S. military installations as well as those involving specialized equipment and technologies.”

The committee is made up of members from the State, Justice, Energy and Commerce Departments among others, which investigates national security risks from foreign investments in American firms.

CFIUS directed the sale of the property within 120 days, and that within 90 days the company remove all structures and equipment on the site.

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More than a dozen military families in Hawaii spark trial over 2021 jet fuel leak that tainted water https://federalnewsnetwork.com/defense-news/2024/04/more-than-a-dozen-military-families-in-hawaii-spark-trial-over-2021-jet-fuel-leak-that-tainted-water/ https://federalnewsnetwork.com/defense-news/2024/04/more-than-a-dozen-military-families-in-hawaii-spark-trial-over-2021-jet-fuel-leak-that-tainted-water/#respond Mon, 29 Apr 2024 23:41:03 +0000 https://federalnewsnetwork.com/?p=4980446 A trial for a mass environmental injury is starting more than two years after a jet fuel leak in Pearl Harbor's drinking water poisoned thousands of people.

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HONOLULU (AP) — The U.S. government said Monday it took responsibility for jet fuel that leaked into a Navy water system serving 93,000 people in 2021, but attorneys dispute whether the families who are suing were exposed to enough tainted water to make them sick.

A trial for a mass environmental injury case began in federal court in Honolulu on Monday, more than two years after a U.S. military fuel tank facility under ground poisoned thousands of people when it leaked jet fuel into Pearl Harbor’s drinking water.

Instead of a jury, a judge is hearing about a lawsuit against the United States by 17 “bellwether” plaintiffs: a cross-selection of relatives of military members representing more than 7,500 others, including service members, in three federal lawsuits.

According to court documents, the U.S. government has admitted the Nov. 20, 2021, spill at the Red Hill Bulk Fuel Storage Facility caused a nuisance for the plaintiffs, that the United States “breached its duty of care” and that the plaintiffs suffered compensable injuries.

But they dispute whether the residents were exposed to jet fuel at levels high enough to cause their alleged health effects, ranging from vomiting to rashes.

The plaintiffs have submitted declarations describing how the water crisis sickened them and left them with ongoing health problems, including seizures, asthma, eczema and vestibular dysfunction.

The Navy mobilized after getting reports about the water, Rosemary Yogiaveetil, an attorney with the U.S. Department of Justice, said in an opening statement in court. Crews went to homes and began taking water samples and officials shut down the Red Hill well as a precaution, she said.

They began “flushing each and every home on the water line,” to restore clean water, Yogiaveetil said. The Navy began providing bottled water and paid for months of hotel rooms for some affected families.

Lawyers for the plaintiffs argue Navy officials knew there was fuel in the water and failed to warn people not to drink it, even while telling residents the water was safe.

The families lost trust in the institutions they themselves served, Kristina Baehr, one of the attorneys for the plaintiffs, said in an opening statement.

“Home was supposed to be a place they felt safe,” especially during the pandemic, she said.

Nastasia Freeman, wife of a Navy officer and mother of three, described in her declaration how the family thought their vomiting and diarrhea was Thanksgiving food poisoning.

“I had developed a rash on my arms with sores and lesions on my scalp, feet, and hands accompanied by a headache,” she wrote. “I had a very strange sensation that I had never had before — I felt like my blood was on fire.”

Even their dogs were vomiting.

On Nov. 29, a nurse told her she received multiple calls all with a common theme: the tap water.

“It felt like we were being gaslit,” Freeman’s declaration said. “We knew the water wasn’t safe, but the Navy was telling us that it was. They said they didn’t know what was in the water and that they were ‘investigating.’”

She was expected to be the first of the plaintiffs to be cross-examined in court Monday.

Experts will testify during the trial that the “myriad of injuries” the plaintiffs claim were preexisting conditions or had no known link to the fuel exposure, Yogiaveetil said.

A Navy investigation report in 2022 listed a cascading series of mistakes from May 6, 2021, when an operator error caused a pipe to rupture and caused 21,000 gallons (80,000 liters) of fuel to spill while it was transferred between tanks. Most of this fuel spilled into a fire suppression line and sat there for six months, causing the line to sag. When a cart rammed into this sagging line on Nov. 20, it released 20,000 gallons (75,700 liters) of fuel.

When people started speaking up about the water, the Navy understood there had been a leak on Nov. 20, but at the time, they believed it was contained, Yogiaveetil said Monday.

The military eventually agreed to drain the tanks, amid state orders and protests from Native Hawaiians and other Hawaii residents concerned about the threat posed to Honolulu’s water supply. The tanks sit above an aquifer supplying water to 400,000 people in urban Honolulu.

Outside the courthouse Monday, activists calling themselves water protectors held signs in support of the plaintiffs.

A lot is riding on this trial.

“A bellwether trial helps attorneys to understand the likely success or failure of the cases that are in the pipeline,” explained Loretta Sheehan, a Honolulu-based personal injury attorney not involved in the water litigation.

The outcome can help determine future damages to be awarded or settlements, she said.

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Senate passes $1.2 trillion funding package in early morning vote, ending threat of partial shutdown https://federalnewsnetwork.com/congress/2024/03/congress-rushes-to-approve-final-package-of-spending-bills-before-shutdown-deadline/ https://federalnewsnetwork.com/congress/2024/03/congress-rushes-to-approve-final-package-of-spending-bills-before-shutdown-deadline/#respond Sat, 23 Mar 2024 06:25:14 +0000 https://federalnewsnetwork.com/?p=4935454 The second of two large spending packages keeps agencies funded for the rest of 2024. The bill now goes to President Joe Biden to be signed into law.

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WASHINGTON (AP) — The Senate passed a $1.2 trillion package of spending bills in the early morning hours Saturday, a long overdue action nearly six months into the budget year that will push any threats of a government shutdown to the fall. The bill now goes to President Joe Biden to be signed into law.

The vote was 74-24. It came after funding had expired for the agencies at midnight, but the White House sent out a notice shortly after the deadline announcing the Office of Management and Budget had ceased shutdown preparations because there was a high degree of confidence that Congress would pass the legislation and the president would sign it on Saturday.

“Because obligations of federal funds are incurred and tracked on a daily basis, agencies will not shut down and may continue their normal operations,” the White House statement said.

Prospects for a short-term government shutdown had appeared to grow Friday evening after Republicans and Democrats battled over proposed amendments to the bill. Any successful amendments to the bill would have sent the legislation back to the House, which had already left town for a two-week recess.

But shortly before midnight Senate Majority Leader Chuck Schumer announced a breakthrough.

“It’s been a very long and difficult day, but we have just reached an agreement to complete the job of funding the government,” Schumer said. “It is good for the country that we have reached this bipartisan deal. It wasn’t easy, but tonight our persistence has been worth it.”

While Congress has already approved money for Veterans Affairs, Interior, Agriculture and other agencies, the bill approved this week is much larger, providing funding for the Defense, Homeland Security and State departments and other aspects of general government.

The House passed the bill Friday morning by a vote of 286-134, narrowly gaining the two-thirds majority needed for approval. More than 70% of the money would go to defense.

The vote tally in the House reflected anger among Republicans over the content of the package and the speed with which it was brought to a vote. House Speaker Mike Johnson brought the measure to the floor even though a majority of Republicans ended up voting against it. He said afterward that the bill “represents the best achievable outcome in a divided government.”

In sign of the conservative frustration, Rep. Marjorie Taylor Greene, R-Ga., initiated an effort to oust Johnson as the House began the vote but held off on further action until the House returns in two weeks. It’s the same tool that was used last year to remove the last Republican speaker, Kevin McCarthy of California.

The vote breakdown showed 101 Republicans voting for the bill and 112 voting against it. Meanwhile, 185 Democrats voted for the bill and 22 against.

Rep. Kay Granger, the Republican chair of the House Appropriations Committee that helped draft the package, stepped down from that role after the vote. She said she would stay on the committee to provide advice and lead as a teacher for colleagues when needed.

Johnson broke up this fiscal year’s spending bills into two parts as House Republicans revolted against what has become an annual practice of asking them to vote for one massive, complex bill called an omnibus with little time to review it or face a shutdown. Johnson viewed that as a breakthrough, saying the two-part process was “an important step in breaking the omnibus muscle memory.”

Still, the latest package was clearly unpopular with most Republicans, who viewed it as containing too few of their policy priorities and as spending too much.

“The bottom line is that this is a complete and utter surrender,” said Rep. Eric Burlison, R-Mo.

It took lawmakers six months into the current fiscal year to get near the finish line on government funding, the process slowed by conservatives who pushed for more policy mandates and steeper spending cuts than a Democratic-led Senate or White House would consider. The impasse required several short-term, stopgap spending bills to keep agencies funded.

The first package of full-year spending bills, which funded the departments of Veterans Affairs, Agriculture and the Interior, among others, cleared Congress two weeks ago with just hours to spare before funding expired for those agencies.

When combining the two packages, discretionary spending for the budget year will come to about $1.66 trillion. That does not include programs such as Social Security and Medicare, or financing the country’s rising debt.

To win over support from Republicans, Johnson touted some of the spending increases secured for about 8,000 more detention beds for migrants awaiting their immigration proceedings or removal from the country. That’s about a 24% increase from current levels. Also, GOP leadership highlighted more money to hire about 2,000 Border Patrol agents.

Democrats, meanwhile, are boasting of a $1 billion increase for Head Start programs and new child care centers for military families. They also played up a $120 million increase in funding for cancer research and a $100 million increase for Alzheimer’s research.

“Make no mistake, we had to work under very difficult top-line numbers and fight off literally hundreds of extreme Republican poison pills from the House, not to mention some unthinkable cuts,” said Sen. Patty Murray, the Democratic chair of the Senate Appropriations Committee.

Sen. Susan Collins, the top Republican on that committee, appealed to her GOP colleagues by stating that the bill’s spending on non-defense programs actually decreases even before accounting for inflation. She called the package “conservative” and “carefully drafted.”

“These bills are not big spending bills that are wildly out of scope,” Collins said.

The spending package largely tracks with an agreement that then-Speaker McCarthy worked out with the White House in May 2023, which restricted spending for two years and suspended the debt ceiling into January 2025 so the federal government could continue paying its bills.

Shalanda Young, director of the White House Office of Management and Budget, told lawmakers that last year’s agreement, which became the Fiscal Responsibility Act, will save the federal government about $1 trillion over the coming decade.

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Associated Press congressional correspondent Lisa Mascaro and staff writers Farnoush Amiri and Chris Megerian contributed to this report.

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Congress unveils $1.2 trillion plan to avert government shutdown and bring budget fight to a close https://federalnewsnetwork.com/government-shutdown/2024/03/congress-unveils-1-2-trillion-plan-to-avert-federal-shutdown-and-bring-budget-fight-to-a-close/ https://federalnewsnetwork.com/government-shutdown/2024/03/congress-unveils-1-2-trillion-plan-to-avert-federal-shutdown-and-bring-budget-fight-to-a-close/#respond Thu, 21 Mar 2024 20:05:50 +0000 https://federalnewsnetwork.com/?p=4934134 Lawmakers have introduced a $1.2 trillion spending package that sets the stage for avoiding a partial government shutdown for several key federal agencies.

The post Congress unveils $1.2 trillion plan to avert government shutdown and bring budget fight to a close first appeared on Federal News Network.

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WASHINGTON (AP) — Lawmakers introduced a $1.2 trillion spending package Thursday that sets the stage for avoiding a partial government shutdown for several key federal agencies this weekend and allows Congress, nearly six months into the budget year, to complete its work funding the government through September.

Democrats were able to swat back scores of policy mandates and some of the steeper budget cuts that House Republicans were seeking to impose on nondefense programs, though House Speaker Mike Johnson, R-La., highlighted some wins, including a nearly 24% increase in detention beds for migrants awaiting their immigration proceedings or removal from the country.

This year’s spending bills were divided into two packages. The first one cleared Congress two weeks ago, just hours before a shutdown deadline for the agencies funded through the bills.

Now Congress is focused on the second, larger package, which includes about $886 billion for the Defense Department, a more than 3% increase from last year’s levels. The 1,012-page bill also funds the departments of Homeland Security, Health and Human Services, Labor, and others.

“Congress must now race to pass this package before government funding runs out this Friday,” said Senate Majority Leader Chuck Schumer, D-N.Y.

Nondefense spending will be relatively flat compared with the prior year, though some agencies, such as the Environmental Protection Agency, are taking a hit, and many agencies will not see their budgets keep up with inflation.

When combining the two packages, discretionary spending for the budget year will come to about $1.66 trillion. That does not include programs such as Social Security and Medicare, and financing the country’s rising debt.

The House is expected to take the measure up first on Friday. House Majority Leader Steve Scalise, R-La., urged Republicans to vote for the measure, noting that more than 70% of the spending goes to defense.

“At at time when the world’s on fire, more than ever, we need to make sure that we are properly funding our nation’s defense and supporting our troops,” Scalise said.

Then it would move to the Senate where senators would have to agree on taking it up expeditiously to avoid a partial shutdown. Usually, such agreements include votes on proposed amendments to the bill.

Johnson described the bill as a serious commitment to strengthening national defense while expanding support for those serving in the military. The bill provides for a 5.2% pay increase for service members.

In promoting the bill, Republicans cited several ways it would help Israel. Most notably, they highlighted a prohibition on funding through March 2025 for the U.N. Relief and Works Agency, which is the main supplier of food, water and shelter to civilians in Gaza.

Republicans are insisting on cutting off funding to the agency after Israel alleged that a dozen employees of the agency were involved in the attack that Hamas conducted in Israel on Oct. 7.

But the prohibition does concern some lawmakers because many relief agencies say there is no way to replace its ability to deliver the humanitarian assistance that the United States and others are trying to send to Gaza, where one-quarter of the 2.3 million residents are starving.

Democrats emphasized that humanitarian assistance will increase globally though, by about $336.4 million.

Sen. Patty Murray, the chair of the Senate Appropriations Committee, also highlighted a $1 billion increase for Head Start programs and new child care centers for military families. Democrats also played up a $120 million increase in funding for cancer research and a $100 million increase for Alzheimer’s research.

“We defeated outlandish cuts that would have been a gut punch for American families and our economy,” said Murray, D-Wash.

She also said Democrats successfully fought off numerous policy measures, known as riders, that House Republicans were seeking to add.

“From Day 1 of this process, I said there would be no extreme, far-right riders to restrict women’s reproductive freedoms — and there aren’t, she said.

Among the policy provisions that House Republicans did secure was a requirement that only allows for the American flag and “other official flags” to fly over U.S. diplomatic facilities. Under the Biden administration, U.S. embassies have been invited to fly the pride flag or light up with rainbow colors in support of the LGBTQ community.

There is also a provision that prevents the Consumer Product Safety Commission from banning gas stoves. But the White House has said President Joe Biden would not support a ban, and the commission, an independent agency, says no such ban was in the works.

The spending in the bill largely tracks with an agreement that former Speaker Kevin McCarthy worked out with the White House in May 2023, which restricted spending for two years and suspended the debt ceiling into January 2025 so the federal government could continue paying its bills.

Shalanda Young, director of the White House Office of Management and Budget, told lawmakers Thursday that last year’s agreement, which became the Fiscal Responsibility Act, will save taxpayers about $1 trillion over the coming decade.

McCarthy, R-Calif., was ousted from the speaker’s role a few months after securing the debt ceiling deal. Eight Republicans ended up joining with Democrats in removing McCarthy as speaker. And some of those unhappy with that deal also expressed misgivings about the latest package.

“I hope there will be some modest wins. Unfortunately, I don’t expect that we will get much in the way of significant policy wins based on past history and based on our unwillingness to use any kind of leverage to force policy wins, meaning a willingness to walk away and say no,” said Rep. Bob Good, R-Va.

Work on the spending bills has been more bipartisan in the Senate. Murray issued a joint statement after the bill’s release with Sen. Susan Collins, R-Maine, urging colleagues to vote for it.

“There is zero need for a shutdown or chaos — and members of Congress should waste no time in passing these six bills, which will greatly benefit every state in America and reflect important priorities of many senators,” Murray and Collins said.

Johnson said that after the spending package passes, the House would next turn its attention to a bill that focuses on aiding Ukraine and Israel, though lawmakers are scheduled to be away from Washington for the next two weeks. The Senate has already approved a $95.3 billion aid package for Ukraine, Israel and Taiwan, but Johnson has declined to bring that up for a vote.

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