Letter details how Biden-era Pentagon officials circumvented ban on federal agencies lobbying Congress

WASHINGTON, D.C. – U.S. Senate Commerce Committee Chairman Ted Cruz (R-Texas) has asked the Department of Defense (DOD) to turn over documents related to how Biden-era officials pressured defense contractors to lobby against reauthorizing the Federal Communications Commission’s (FCC) spectrum auction authority. In a letter to Defense Secretary Pete Hegseth, Sen. Cruz details allegations that Biden DOD officials and career staff sought to circumvent laws prohibiting federal agencies from lobbying on legislation.

Sen. Cruz highlights that in recent years, defense contractors spent millions of dollars lobbying against legislation that would have made available for commercial use underutilized mid-band spectrum currently controlled by federal agencies. He notes that the Commerce Committee has been made aware that the Biden administration encouraged, and potentially pressured, them to lobby Congress in opposition to legislation.

Despite an expression of public support for legislation creating a spectrum pipeline from former Department of Defense Secretary Lloyd Austin and Commerce Secretary Gina Raimondo, a leaked memo highlighted that then-Chairman of the Joint Chiefs of Staff Mark Milley opposed allowing President Biden to decide whether to hold an auction.

As part of his investigation, Sen. Cruz is requesting documents and communications from DOD officials, employees, consultants, contractors, and third-parties referring to the FCC’s auction authority and similar terms.

In his letter to the Department of Defense, Sen. Cruz wrote:

“I write today regarding concerning information that has come to the attention of the Senate Committee on Commerce, Science, and Transportation indicating that Biden-era Pentagon officials and career staff engaged in a deliberate campaign to circumvent the Anti-Lobbying Act, the Hatch Act, and various appropriations riders prohibiting agencies of the executive branch from producing materials to support or defeat legislation pending before the Congress. Specifically, the Committee has been made aware that multiple Pentagon officials and career staff during the Biden administration engaged directly with members of the United States defense industrial base and encouraged, and potentially pressured, them to lobby the Congress in opposition to legislation related to reauthorizing the Federal Communications Commission (FCC) spectrum auction authority. This kind of jawboning is corrosive to the trust between elected lawmakers and Pentagon officials and is precisely why Congress outlawed direct lobbying by executive branch agencies in the first place.  

“Last month, the Committee held a hearing on the crucial role commercially available electromagnetic spectrum plays in spurring economic growth, job creation, and positioning American companies at the forefront of global innovation in telecommunications. Similarly, witnesses testified how American leadership in new telecommunication technologies is critical to the security of global telecommunication networks and our own national security, and that important economic benefits come with such advancement. In other words, freeing up spectrum for commercial use benefits Americans all over the country, now and into the future.  

“Unfortunately, our policies on spectrum management, and in particular how federal incumbent users occupy certain bands, have put the United States at a distinct disadvantage. China, an adversarial communist surveillance state, continues to find ways to infiltrate and control worldwide communication networks. From their state-subsidized push of Huawei and ZTE network infrastructure to their efforts to dominate global standards setting in everything from quantum computing to 6G, to their recent ‘Salt Typhoon’ cyber espionage offensive, China’s malicious intentions have been clear. This is true in spectrum management as well. It is public knowledge that China’s Ministry of Industry and Information, which is already ahead of the U.S. in 5G mid-band allocations, has announced the opening of more spectrum bands for future 5G and 6G use, making it the first country in the world to do so. Increasing commercial access to spectrum in the United States, and in particular freeing up some of the large swaths of underutilized spectrum occupied by federal departments and agencies, is essential to our economic and national security interests. That Pentagon officials were allegedly hampering congressional efforts to reauthorize the FCC’s spectrum authority only adds to the urgency of this issue[…]”

Read the full letter HERE.

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