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Law360 (November 13, 2020, 8:05 PM EST) -- Sen. Michael Bennet, D-Colo., on Friday joined a chorus of Democrats who have voiced concerns over reports about the U.S. Department of Defense using $1 billion in COVID-19 funding for the military amid mask shortages.
Bennet said in a letter to Acting Secretary of Defense Christopher Miller that it is "disturbing" that eight months into the coronavirus pandemic, there is still a shortage of personal protective equipment, which is critical for protecting healthcare professionals and essential workers.
Congress allocated $1 billion in funding to the DOD in the Coronavirus Aid, Relief, and Economic Security, or CARES Act, under the Defense Production Act, for the production of masks and other personal protective equipment, according to the letter. Therefore, the DOD's use of CARES Act funding for drone technology and U.S. Army uniforms, among other military products, goes against congressional intent, Bennet said.
"The COVID-19 pandemic has claimed over 230,000 American lives, and as you start to lead the DOD, I urge you to utilize the DPA to ensure the nation has all the resources necessary to face COVID-19 effectively," he said.
In September, lawmakers including Sen. Elizabeth Warren, D-Mass., and Rep. Ro Khanna, D-Calif., urged the DOD's Office of Inspector General to investigate the department's spending of CARES Act funding.
The lawmakers said in a letter to the department's acting inspector general that the DOD appeared to be using taxpayer money "meant to protect lives from COVID-19 to pad the pockets of defense contractors."
Taking matters into their own hands, four House leaders launched an investigation last month into the DOD's spending, saying that "Americans deserve to know that the Trump administration is following the law and using relief funds for their intended purpose — to aid the nationwide pandemic response."
Bennet asked the DOD to explain how it plans to increase the production of personal protective equipment and other medical supplies to combat the pandemic, — or if it doesn't have a plan, why not — and provide a list of all the awards that the department has made for the procurement of personal protective equipment.
In addition, Bennet requested that the DOD disclose how COVID-19 funding is being allocated and what the department's approval process is for using the funds for purposes other than what is outlined in the CARES Act.
A representative for the Defense Department could not be immediately reached for comment.
--Additional reporting by Daniel Wilson and Jennifer Doherty. Editing by Steven Edelstone.
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