Podcasts about commerce subcommittee

In 2020, AFLDS founder Dr. Simone Gold became Public Health Enemy No. 1 after organizing a press conference in Washington, DC, where she asserted COVID-19 – still an emerging pandemic – was treatable and the real danger was the panic being spread by health officials and the media. Dr. Gold's White Coat Summit in front of the Supreme Court was viewed over 20,000,000 times within 8 hours – the most viral video of COVID-19's earliest days. • Sponsored by HOME TITLE LOCK – Use promo code DREW250 to get a FREE title history report so you can find out if you're already a victim AND access to your Personal Title Expert —a $250 value— at http://www.hometitlelock.com/drdrew Dr. Simone Gold is a board-certified emergency physician with 20 years of experience and a Stanford-educated attorney. She founded America's Frontline Doctors (AFLDS) after leading a pivotal 2020 press conference addressing COVID-19. She also established GoldCare, a platform promoting medical freedom and the doctor-patient relationship. Her upcoming book, Selective Persecution: The Legalization of American Fascism, details her experiences with government overreach and is available at https://amzn.to/4irbBDY. Find more at https://x.com/DrSimoneGold and https://TheGoldReport.substack.com Rep. Morgan Griffith is a U.S. Congressman from Virginia and Chairman of the House Energy and Commerce Subcommittee on Oversight and Investigations. He recently led hearings examining the federal COVID-19 response, focusing on issues like propaganda and health policy. Find more at https://x.com/RepMGriffith and https://morgangriffith.house.gov 「 SUPPORT OUR SPONSORS 」 Find out more about the brands that make this show possible and get special discounts on Dr. Drew's favorite products at https://drdrew.com/sponsors  • HOME TITLE LOCK – Use promo code DREW250 to get a FREE title history report so you can find out if you're already a victim AND access to your Personal Title Expert —a $250 value— at http://www.hometitlelock.com/drdrew • FATTY15 – The future of essential fatty acids is here! Strengthen your cells against age-related breakdown with Fatty15. Get 15% off a 90-day Starter Kit Subscription at https://drdrew.com/fatty15 • PALEOVALLEY - "Paleovalley has a wide variety of extraordinary products that are both healthful and delicious,” says Dr. Drew. "I am a huge fan of this brand and know you'll love it too!” Get 15% off your first order at https://drdrew.com/paleovalley • THE WELLNESS COMPANY - Counteract harmful spike proteins with TWC's Signature Series Spike Support Formula containing nattokinase and selenium. Learn more about TWC's supplements at https://twc.health/drew 「 MEDICAL NOTE 」 Portions of this program may examine countervailing views on important medical issues. Always consult your physician before making any decisions about your health. 「 ABOUT THE SHOW 」 Ask Dr. Drew is produced by Kaleb Nation (https://kalebnation.com) and Susan Pinsky (https://twitter.com/firstladyoflove). This show is for entertainment and/or informational purposes only, and is not a substitute for medical advice, diagnosis, or treatment. Learn more about your ad choices. Visit megaphone.fm/adchoices

Join America's Roundtable (https://americasrt.com/) radio co-hosts Natasha Srdoc and Joel Anand Samy with U.S. Senator Marsha Blackburn, senior senator for Tennessee and the first woman to represent the Volunteer State in the United States Senate. She serves on the Deputy Whip Team and is a member of the Finance Committee; the Commerce, Science & Transportation Committee; the Veterans' Affairs Committee; and the Judiciary Committee. Senator Marsha Blackburn serves as the Ranking Member on the Commerce Subcommittee on Consumer Protection, Product Safety, and Data Security and on the Judiciary Subcommittee on Human Rights and the Law. Before her election to the Senate, Marsha represented Tennessee's 7th Congressional District in the United States House of Representatives. The conversation focuses on the following topics: ✅ President Trump's State of the Union Address, presenting his vision for a Golden Age of America. ✅ Senator Blackburn requiring transparency and accountability, working with FBI Director Kash Patel in obtaining unredacted Epstein logs and other pertinent materials ✅ Senator Blackburn spearheading DOGE Acts to hold the federal government accountable for managing taxpayer dollars. Collaborative efforts with Elon Mask in making the federal government more efficient and slash wasteful spending. ✅ Strengthening the economic partnership between the U.S. and Taiwan. ✅ Senator Blackburn's recently introduced Tax Administration Simplification Act, to provide straightforward, taxpayer-focused improvements to streamline tax filing and payment for individuals and small businesses. ✅ Strengthening US-Israel ties and combating anti-Semitism with new leadership in Congress and the White House. ✅ Making America Healthy Again | Healthy foods and eating habits for a healthier America. Throughout her time in Congress, Marsha has led the fight to hold Communist China accountable. Her in-depth analyses of the Chinese Communist Party's threats to American sovereignty have prompted Congress to examine legislation countering Beijing's malign influence on global supply chains, technology infrastructure, and international organizations. After Beijing took over the once autonomous region of Hong Kong in 2019, Marsha led bipartisan legislation, which was signed into law by President Trump, that prohibits the U.S. export of crowd control equipment to the Hong Kong Police Force. Her bipartisan Open Technology Fund Authorization Act, which supports internet freedom by addressing authoritarian regimes' efforts to censor the internet, was also signed into law. At the same time Marsha has stood up to Communist China, she has worked to bolster the U.S.-Taiwan relationship. In August 2022, she visited Taiwan, met with President Tsai Ing-wen in Taipei, and called to strengthen connections between the U.S. and Taiwan. During this visit, Marsha made her stance clear: Taiwan is a country. On border policy, Marsha bases her approach on the simple truth that until our borders are secure, every town will be a border town and every state will be a border state. In the Senate, she has led the charge to fully fund the United States Border Patrol, restart construction of a physical barrier, impose harsher criminal penalties for drug smuggling, and fight for law and order on behalf of the thousands of women and girls lost to cross-border human trafficking. Further reading: Blackburn, Hassan, Colleagues Introduce the “Patients Before Middlemen Act” to Bring Down Cost of Prescription Drugs (https://www.blackburn.senate.gov/2025/3/health%20care/blackburn-hassan-colleagues-introduce-the-patients-before-middlemen-act-to-bring-down-cost-of-prescription-drugs) Blackburn, Kelly Push for More Federal Resources to Combat Fentanyl Crisis in Tennessee (https://www.blackburn.senate.gov/2025/2/crime/national%20security/blackburn-kelly-pushes-for-more-federal-resources-to-combat-fentanyl-crisis-in-arizona) Blackburn, Schatz Introduce Bill to Strengthen U.S.-Taiwan Partnership, Safeguard U.S. from Communist China's Security Threats (https://www.blackburn.senate.gov/2025/2/china/jobs%20and%20economy/national%20security/blackburn-schatz-introduce-bill-to-strengthen-u-s-taiwan-partnership-safeguard-u-s-from-communist-china-s-security-threats) americasrt.com (https://americasrt.com/) https://ileaderssummit.org/ | https://jerusalemleaderssummit.com/ America's Roundtable on Apple Podcasts: https://podcasts.apple.com/us/podcast/americas-roundtable/id1518878472 Twitter: @MarshaBlackburn @ileaderssummit @NatashaSrdoc @JoelAnandUSA @supertalk America's Roundtable is co-hosted by Natasha Srdoc and Joel Anand Samy, co-founders of International Leaders Summit and the Jerusalem Leaders Summit. America's Roundtable (https://americasrt.com/) radio program - a strategic initiative of International Leaders Summit, focuses on America's economy, healthcare reform, rule of law, security and trade, and its strategic partnership with rule of law nations around the world. The radio program features high-ranking US administration officials, cabinet members, members of Congress, state government officials, distinguished diplomats, business and media leaders and influential thinkers from around the world. Tune into America's Roundtable Radio program from Washington, DC via live streaming on Saturday mornings via 65 radio stations at 7:30 A.M. (ET) on Lanser Broadcasting Corporation covering the Michigan and the Midwest market, and at 7:30 A.M. (CT) on SuperTalk Mississippi — SuperTalk.FM reaching listeners in every county within the State of Mississippi, and neighboring states in the South including Alabama, Arkansas, Louisiana and Tennessee. Listen to America's Roundtable on digital platforms including Apple Podcasts, Spotify, Amazon, Google and other key online platforms. Listen live, Saturdays at 7:30 A.M. (CT) on SuperTalk | https://www.supertalk.fm

Howie and Harlan are joined by Lee Schwamm, associate dean for digital strategy and transformation for Yale School of Medicine and chief digital health officer for Yale New Haven Health System, to discuss how AI and other digital tools can be part of fixing a broken healthcare system. Harlan reports on lightly regulated compounding pharmacies producing anti-obesity drugs; Howie gives an update on efforts by the FDA and CDC to fight bird flu. Links: "2023 Paul Dudley White Award: Dr. Lee Schwamm" Yale School of Medicine | Lisa Leffert, MD Health & Veritas | Dr. Lisa Leffert: Leading in Anesthesiology Testimony Prepared by Dr. Lee Schwamm Submitted to the House Committee on Energy and Commerce Subcommittee on Heath "Ambient AI Is Here, And We Are Blissfully Unaware Of It" "Yale New Haven Health to provide AI-driven clinical documentation" "Abridge, Mayo Clinic, And Epic Collaborate To Develop An Integrated Artificial Intelligence Documentation Solution For Nurses" "Are You Sure Your Ozempic Is Real? Fakes Are on the Rise." "Bill on Drug Compounding Clears Congress a Year After a Meningitis Outbreak" CDC | H5 Bird Flu: Current Situation "Is Bird Flu Spreading Widely to Farm Workers? A Small Study Offers Some Reassurance" Learn more about the MBA for Executives program at Yale SOM. Email Howie and Harlan comments or questions.

Howie and Harlan are joined by Lee Schwamm, associate dean for digital strategy and transformation for Yale School of Medicine and chief digital health officer for Yale New Haven Health System, to discuss how AI and other digital tools can be part of fixing a broken healthcare system. Harlan reports on lightly regulated compounding pharmacies producing anti-obesity drugs; Howie gives an update on efforts by the FDA and CDC to fight bird flu. Links: "2023 Paul Dudley White Award: Dr. Lee Schwamm" Yale School of Medicine | Lisa Leffert, MD Health & Veritas | Dr. Lisa Leffert: Leading in Anesthesiology Testimony Prepared by Dr. Lee Schwamm Submitted to the House Committee on Energy and Commerce Subcommittee on Heath "Ambient AI Is Here, And We Are Blissfully Unaware Of It" "Yale New Haven Health to provide AI-driven clinical documentation" "Abridge, Mayo Clinic, And Epic Collaborate To Develop An Integrated Artificial Intelligence Documentation Solution For Nurses" "Are You Sure Your Ozempic Is Real? Fakes Are on the Rise." "Bill on Drug Compounding Clears Congress a Year After a Meningitis Outbreak" CDC | H5 Bird Flu: Current Situation "Is Bird Flu Spreading Widely to Farm Workers? A Small Study Offers Some Reassurance" Learn more about the MBA for Executives program at Yale SOM. Email Howie and Harlan comments or questions.

It is now H.R. 8449, and is being championed by House Members Gus Bilirakis and Energy and Commerce Committee Ranking Member Frank Pallone Jr. as part of an effort to get it to the finish line. The new, marked-up "AM Radio for Every Vehicle Act" surfaced earlier this week, and on Thursday a House Innovation, Data, and Commerce Subcommittee markup of three bills included discussion of the legislation that would mandate AM radio availability in all new vehicles sold in the U.S.A host of House E&C Committee Members shared their thoughts on the legislation, with a Congresswoman from Detroit noting that while she clearly supports AM radio, she wants a full understanding of the cost to consumers and her constituents representing the domestic automotive industry's biggest companies.This InFOCUS Podcast, presented by dot.FM, offers audio highlights from the May 23 session — giving you direct access to the future of kHz-band radio from our elected officials in Washington.With no amendments, the bill was forward to the full committee. From here, the House E&C will schedule a discussion and vote on the AM Radio for Every Vehicle Act, which would then get a likely floor vote in the full U.S. House of Representatives.

What exactly constitutes "free speech" and falls under the protection of the First Amendment? As the political left increasingly advocates for (and often achieves) unconstitutional censorship, the line between what's permissible and what's not in public dialogue becomes increasingly blurred. In this age dominated by social media and cancel culture, who ultimately holds the authority in deciding what is or isn't allowed in the public square? This week, Seth Dillon, CEO of The Babylon Bee, sits down with Frank to discuss concerns about big tech's role in American censorship, why the Babylon Bee was censored, and how he's combating it through satire and comedy using his popular Christian news satire website lovingly dubbed, “the definitive source of fake news you can trust”. You'll also get to hear Seth's recent congressional testimony where he defended the right to free speech during the House Energy and Commerce Subcommittee on Communications and Technology in Washington, D.C. During their conversation, Frank and Seth will answer questions like: What's the difference between regulating conduct and regulating speech? Why is the LGBTQ+ community aligning itself with the ideology of Muslim terrorists? What is the "woke mind virus" and why are younger generations more susceptible to it? Does America love dogs more than babies? Why are euphemisms so powerful and how is the radical left using them to their advantage? Why was The Babylon Bee willing to risk being de-platformed from Twitter prior to Elon Musk gaining ownership?   Later in the discussion, Seth will talk about the inspiration and backstory behind some of The Babylon Bee's most hilarious headlines from this past week, touch on Vice President Kamala Harris' recent statements about abortion, share some helpful tips on how all content creators can push against big tech's attempt to silence you on social media, and unpack the worldview that's motivating the anti-Israel protests on U.S. college campuses. It's impossible to cram all of these topics into just one podcast episode, so be sure to join Frank and Seth on the upcoming midweek podcast for the conclusion of this important and eye-opening talk on censorship! To view the entire VIDEO PODCAST be sure to join our CrossExamined private community. It's the perfect place to jump into some great discussions with like-minded Christians while simultaneously providing financial support for our ministry. You can also SUPPORT THE PODCAST HERE. House Energy and Commerce Subcommittee on Communications and Technology (3/8/2023) - Preserving Free Speech and Reining in Big Tech Censorship

Military recruitment numbers are at the lowest recorded levels in several years, with only 9 percent of young people in the United States saying they would consider joining the armed forces. Some are turning their attention to various requirements that make many Americans ineligible for service. As recruitment goals lag, military leaders are now seriously considering easing their enlistment requirements. Lawmakers too are seeking to relax guidelines, more recently targeting policies surrounding marijuana use and height and weight requirements for certain branches. Marine veteran and FOX News contributor Johnny Joey Jones joins the Rundown to discuss why the military needs to change the way it presents itself to bolster recruitment and shares a few stories from his new book, 'Unbroken Bonds of Battle.' It appears to be a matter of time before the U.S. energy sector becomes more reliant on a growing nuclear industry. This was a main focus of last week's Energy and Commerce Subcommittee hearing, where representatives discussed the merits of addressing the obstacles in the way of building more nuclear reactors in our country. Chairman of that subcommittee, Congressman Jeff Duncan, says unlike many issues in Congress, lawmakers on both sides of the aisle are committed to supporting America's future with nuclear energy. Rep. Duncan joins the Rundown to explain what Congress is doing to bring Americans nuclear power as soon as possible, why this specific issue has earned bipartisan support on the Hill, and what steps are being taken to ensure this technology will be implemented safely. Plus, commentary by a former investment banker and author of 'You Will Own Nothing,' Carol Roth. Learn more about your ad choices. Visit megaphone.fm/adchoices

Military recruitment numbers are at the lowest recorded levels in several years, with only 9 percent of young people in the United States saying they would consider joining the armed forces. Some are turning their attention to various requirements that make many Americans ineligible for service. As recruitment goals lag, military leaders are now seriously considering easing their enlistment requirements. Lawmakers too are seeking to relax guidelines, more recently targeting policies surrounding marijuana use and height and weight requirements for certain branches. Marine veteran and FOX News contributor Johnny Joey Jones joins the Rundown to discuss why the military needs to change the way it presents itself to bolster recruitment and shares a few stories from his new book, 'Unbroken Bonds of Battle.' It appears to be a matter of time before the U.S. energy sector becomes more reliant on a growing nuclear industry. This was a main focus of last week's Energy and Commerce Subcommittee hearing, where representatives discussed the merits of addressing the obstacles in the way of building more nuclear reactors in our country. Chairman of that subcommittee, Congressman Jeff Duncan, says unlike many issues in Congress, lawmakers on both sides of the aisle are committed to supporting America's future with nuclear energy. Rep. Duncan joins the Rundown to explain what Congress is doing to bring Americans nuclear power as soon as possible, why this specific issue has earned bipartisan support on the Hill, and what steps are being taken to ensure this technology will be implemented safely. Plus, commentary by a former investment banker and author of 'You Will Own Nothing,' Carol Roth. Learn more about your ad choices. Visit megaphone.fm/adchoices

Military recruitment numbers are at the lowest recorded levels in several years, with only 9 percent of young people in the United States saying they would consider joining the armed forces. Some are turning their attention to various requirements that make many Americans ineligible for service. As recruitment goals lag, military leaders are now seriously considering easing their enlistment requirements. Lawmakers too are seeking to relax guidelines, more recently targeting policies surrounding marijuana use and height and weight requirements for certain branches. Marine veteran and FOX News contributor Johnny Joey Jones joins the Rundown to discuss why the military needs to change the way it presents itself to bolster recruitment and shares a few stories from his new book, 'Unbroken Bonds of Battle.' It appears to be a matter of time before the U.S. energy sector becomes more reliant on a growing nuclear industry. This was a main focus of last week's Energy and Commerce Subcommittee hearing, where representatives discussed the merits of addressing the obstacles in the way of building more nuclear reactors in our country. Chairman of that subcommittee, Congressman Jeff Duncan, says unlike many issues in Congress, lawmakers on both sides of the aisle are committed to supporting America's future with nuclear energy. Rep. Duncan joins the Rundown to explain what Congress is doing to bring Americans nuclear power as soon as possible, why this specific issue has earned bipartisan support on the Hill, and what steps are being taken to ensure this technology will be implemented safely. Plus, commentary by a former investment banker and author of 'You Will Own Nothing,' Carol Roth. Learn more about your ad choices. Visit megaphone.fm/adchoices

The purpose of this webinar is to further discuss how Congresswoman Robin Kelly (IL-02), Chair of the Congressional Black Caucus Health Braintrust and Co-Chair of the Congressional Caucus on Black Women and Girls, first introduced the Mothers and Offspring Mortality & Morbidity Awareness Act, or MOMMA's Act, which was instilled to address the maternal health crisis nearly five years ago. The panel will focus on the successes on the implementation of the MOMMA'S Act and what still needs to be done. Moderator Meagan Thompson, DNP Senior Health Policy Advisor for Congresswoman Robin Kelly Dr. Meagan Thompson is the Senior Health Policy Advisor for Congresswoman Robin Kelly who serves on the House Committee on Energy and Commerce Subcommittee on Health. As a nurse and former hospital administrator working at the intersection of public health and health policy, Meagan understands that we must improve the conditions in which people live, work, and play to make healthcare interventions most effective. Under the tutelage of Congresswoman Kelly, she is working on legislation to improve the quality of maternal health services, expand access to mental health services, improve access to nutritious food, and increase diversity in clinical trials. She hails from Mississippi and received her Bachelor of Science in Nursing from the University of Mississippi (Ole Miss). Following her time at Ole Miss, she completed a dual masters program receiving her Masters of Business Administration and Health Administration at the University of Alabama at Birmingham. She then received her Doctorate in Nursing Practice with an emphasis in health care leadership where her dissertation focused on spirituality in African-American women and the association with Breast cancer mortality rates. Panelist Mia Keeys, MA, DrPH(c) Director of Federal Affairs Hologic, Inc. Mia R. Keeys is the Director of Federal Affairs at Hologic, Inc. She's formerly the Chief of Staff to Congresswoman Robin L. Kelly, and also previously served as the Director of Health Equity Policy & Advocacy with the American Medical Association, after serving as the Policy Director of Congresswoman Robin Kelly's (D-IL) Congressional Black Caucus (CBC) Health Braintrust, the premier health policy arm of the CBC. In April 2017, The National Minority Quality Forum recognized Mia as a 40 Under 40 Leader in Minority Health. The Institute of Medicine of the National Academy of Sciences features Mia's children's book on health equity-titled Cole Blue, Full of Valor-in their national archives, "Visualizing Health Equity." Mia has been a Kaiser Family Foundation Barbara Jordan Health Policy Scholar; a Fellow for the City of Philadelphia in the Deputy Mayor's Office for Health and Opportunity; and an HIV/AIDS researcher in South Africa. Mia was also a U.S. Fulbright Fellow to Indonesia, where she lived and worked in various teaching, public health service and research capacities for three years, while simultaneously learning the national language, Bahasa Indonesian. Mia holds Bachelor of Arts degrees in English and Psychology from Cheyney University, and a Master of Arts degree in Medical Sociology from Vanderbilt University in Nashville, TN, where she was also a Robert Wood Johnson Foundation Health Policy Fellow at Meharry Medical College. She is currently a doctoral of public health student at The George Washington University. Mia is also a creative non-fiction writer, with training from the University of Oxford. She is originally from Philadelphia, PA. Originally published May 15, 2023

Join us as we discuss the Act that U.S. Senators Bob Menendez (D-N.J.) and Susan Collins (R-Maine), along with Representatives Robin Kelly (D-Ill.-02) and Brian Fitzpatrick (R-Pa.-01), recently introduced bipartisan, bicameral legislation to increase the diversity of participants in all National Institutes of Health (NIH) - funded trials. The NIH Clinical Trial Diversity Act builds upon their current policies to enhance the inclusion of women, racially and ethnically diverse individuals and people of all ages in all NIH-funded trials. Moderator Donney John, PharmD Executive Director NOVA ScriptsCentral Dr. John is the Executive Director of NOVA ScriptsCentral an award winning non-profit charitable pharmacy that provides life saving medication and education to uninsured patients in the Northern Virginia area. He is a practicing pharmacist, patient advocate, healthcare consultant and entrepreneur. Dr. John has considerable expertise in the areas of precision medicine, patient engagement, population health management, health disparities and mobile health technology solutions. He serves as a medical advisor for a variety of companies focused on health/wellness, patient engagement and medication adherence Dr. John has also worked in academia serving as an Assistant Professor of Pharmacy Practice at Massachusetts College of Pharmacy & Health Sciences where he developed innovative ambulatory care practice sites within federally qualified community health centers. He has worked to train healthcare professionals in the areas of health literacy and cultural competency in order to address health dispartities. In 2017, he was named as one of the 40 under 40 Thought Leaders in Health by the National Minority Quality Forum. Panelists Meagan Thompson, DNP Senior Health Policy Advisor Congresswoman Robin Kelly (IL-02) Dr. Meagan Thompson is the Senior Health Policy Advisor for Congresswoman Robin Kelly who serves on the House Committee on Energy and Commerce Subcommittee on Health. As a nurse and former hospital administrator working at the intersection of public health and health policy, Meagan understands that we must improve the conditions in which people live, work, and play to make healthcare interventions most effective. Under the tutelage of Congresswoman Kelly, she is working on legislation to improve the quality of maternal health services, expand access to mental health services, improve access to nutritious food, and increase diversity in clinical trials. She hails from Mississippi and received her Bachelor of Science in Nursing from the University of Mississippi (Ole Miss). Following her time at Ole Miss, she completed a dual masters program receiving her Masters of Business Administration and Health Administration at the University of Alabama at Birmingham. She then received her Doctorate in Nursing Practice with an emphasis in health care leadership where her dissertation focused on spirituality in African-American women and the association with Breast cancer mortality rates. Cecilia Vaughn-Guy, M.S.,OT Women's Congressional Policy Institute Legislative Fellow Congresswoman Robin L. Kelly (IL-02) Cecilia Vaughn-Guy is a Women's Congressional Policy Institute Legislative Fellow in the office of Congresswoman Robin L. Kelly (IL-02), focusing on issues within the Congresswoman's health portfolio. Cecilia was particularly drawn to this office due to her present interest and history in healthcare advocacy. Cecilia graduated from Duquesne University with a bachelor's degree in psychology and from University of Illinois at Chicago with a master's degree in occupational therapy. Cecilia worked across the lifespan and hospital, outpatient, community, and academic settings as an occupational therapy before returning to graduate school. Originally published June 23, 2023

In this episode, Mindy, Ryan, and Jen discuss a few recent newsworthy items including recent approvals from the House Energy and Commerce Subcommittee on Health and Phase 3 clinical trial results for oral semaglutide to treat obesity.Podcast Tags: healthcare, healthcare news, health plans, life sciences, health policy, public health, Medicare, drug prices, PBMs, 340B, obesitySource Links: A key House panel approved a slew of health policies. Here's a look at 4 of them Novo Nordisk A/S: Oral semaglutide 50 mg achieved 15.1% weight loss (17.4% if all people adhered to treatment) in adults with obesity or overweight in the OASIS 1 trial Anti-obesity medications are set to skyrocket this year. But how will we afford them? What Could New Anti-Obesity Drugs Mean for Medicare?  For additional discussion, please contact us at TrendingHealth.com or share a voicemail at 1-888-VYNAMIC.  Mindy McGrath, Healthcare Industry Advisor and Head of Public Health Sector Mindy.McGrath@vynamic.comRyan Hummel, Executive and Head of Provider Sector Ryan.Hummel@vynamic.comJen Burke, Healthcare Industry Strategist Jen.Burke@vynamic.com

On February 3rd, a train carrying 20 cars with poisonous, flammable chemicals derailed in East Palestine, OH. In this episode, we're going to get some answers. Using testimony from four Congressional hearings, community meeting footage, National Transportation Safety Board preliminary reports, and lots of articles from local and mainstream press, you will learn what Congress is being told as they write the Rail Safety Act, which both parts of Congress are working on in response to the East Palestine train derailment. Please Support Congressional Dish – Quick Links Contribute monthly or a lump sum via PayPal Support Congressional Dish via Patreon (donations per episode) Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank's online bill pay function to mail contributions to: 5753 Hwy 85 North, Number 4576, Crestview, FL 32536. Please make checks payable to Congressional Dish Thank you for supporting truly independent media! View the show notes on our website at https://congressionaldish.com/cd274-norfolk-southern-train-derailment-in-east-palestine Background Sources Recommended Congressional Dish Episodes CD247: BIF: The Growth of US Railroads East Palestine Derailment Overview “It's been more than a month since a freight train carrying hazardous chemicals derailed in Ohio. Here's what's happened since.” Alisha Ebrahimji and Holly Yan. Mar 23, 2023. CNN. “Residents can return home after crews burned chemicals in derailed tanker cars.” Associated Press. Feb 8, 2023. NPR. “WATCH: Smoke billows over East Palestine after controlled burn at train derailment site.” Feb 8, 2023. Cleveland 19 News. Vinyl Chloride and Dioxins “East Palestine Train Derailment: What is vinyl chloride and what happens when it burns?” Associated Press. Feb 8, 2023. CBS News Pittsburgh. “Dioxins and their effects on human health.” Oct 4, 2016. World Health Organization. “Medical Management Guidelines for Vinyl Chloride.” Last reviewed Oct 21, 2014. Centers for Disease Control Agency for Toxic Substances and Disease Registry. National Transportation Safety Board Findings “Norfolk Southern Railway Train Derailment with Subsequent Hazardous Material Release and Fires: Investigation Details.” Last updated Mar 21, 2023. National Transportation Safety Board. “What appears to be an overheated wheel bearing seen moments before East Palestine train derailment, NTSB says.” Ian Cross. Feb 14, 2023. ABC News 5 Cleveland. “Vent and Burn” Decision “Ex-EPA Administrator Doubts Agency's East Palestine Claims: 'Hard to Believe They Were Silent' Before Norfolk Southern Detonated Toxic Vinyl Chloride Cars.” Jordan Chariton. May 25, 2023. Status Coup News. “East Palestine emails reveal insight into decision to vent and burn toxic rail cars.” Tara Morgan. May 15, 2023. ABC News 5 Cleveland. “EXCLUSIVE: 'I truly feel defeated and useless.' Emails and texts reveal anguish of East Palestine fire chief over lack of adequate health advice after he was told to treat chemical disaster 'like a normal house fire.'” Daniel Bates. May 15, 2023. The Daily Mail. EPA failures “East Palestine Bombshell: EPA Official Admits It May Be Missing Toxic Chemicals in Air Testing, Admits Some of Its Decision Making Has Been to Prevent Lawsuits.” Louis DeAngelis. Mar 29, 2023. Status Coup News. East Palestine Resident Health Problems “No one has accepted real responsibility for the East Palestine disaster.” Zsuzsa Gyenes. May 16, 2023. The Guardian. “East Palestine survey reveals residents experienced headaches and anxiety after train derailment.” Nicki Brown, Artemis Moshtaghian and Travis Caldwell. Mar 4, 2023. CNN. “People in East Palestine showing breakdown product of vinyl chloride in urine tests.” Tara Morgan. Apr 28, 2023. ABC News 5 Cleveland. Norfolk Southern “Making it Right.” Norfolk Southern. “Norfolk Southern unveils compensation plans for homeowners near derailment site.” Andrea Cambron, Jason Carroll and Chris Isidore. May 11, 2023. CNN Business. “‘32 Nasty:' Rail Workers Say They Knew the Train That Derailed in East Palestine Was Dangerous.” Aaron Gordon. Feb 15, 2023. Vice. “Wall Street says Norfolk Southern profits won't suffer from derailment.” Rachel Premack. Feb 14, 2023. Freight Waves. “US rail industry defends safety record amid staffing cuts.” Josh Funk. May 16, 2021. AP News. Lobbying Against Regulations “Rail Companies Blocked Safety Rules Before Ohio Derailment.” David Sirota et al. Feb 8, 2023. The Lever. ECP Brake Deregulation “USDOT repeals ECP brake rule.” William C. Vantuono. Dec 5, 2017. Railway Age. Railway Safety Act “Railway Safety Act passes committee, moves to Senate floor for full vote.” Abigail Bottar. May 10, 2023. Ideastream Public Media. Staffing Cuts “Railroads are slashing workers, cheered on by Wall Street to stay profitable amid Trump's trade war.” Heather Long. Jan 3, 2020. The Washington Post. Long Trains “The True Dangers of Long Trains.” Dan Schwartz and Topher Sanders. Apr 3, 2023. Propublica. Bills S.576: Railway Safety Act of 2023 Audio Sources Senate Executive Session May 10, 2023 Senate Committee on Commerce, Science and Transportation Clips 36:30 Sen. JD Vance (R-OH): This bill has changed a lot from what I introduced just a few short months ago. We've made a number of concessions to industry; a number of concessions to the rail industry, a number of concessions to various interest groups, which is why we have so much bipartisan support in this body but also why we have a lot of support from industry. East Palestine Community Meeting March 28, 2023 Status Coup News Government Response to East Palestine: Ensuring Safety and Transparency for the Community March 28, 2023 House Energy and Commerce Subcommittee on Environment, Manufacturing, & Critical Materials Watch on YouTube Witnesses: Debra Shore, Regional Administrator, U.S Environmental Protection Agency, Region 5 Wesley Vins, Health Commissioner, Columbiana County General Health District Anne M. Vogel, Director, Ohio Environmental Protection Agency Clips 30:40 Debra Shore: Since the derailment, EPA has been leading robust, multi-layered air quality testing, using state of the art technology in and around East Palestine, and that extensive monitoring has continued daily at 23 stations throughout the community. Since the fire was extinguished on February 8, EPA monitors have not detected any volatile organic compounds above established levels of health concerns. EPA has also been assisting with indoor air screenings in homes through a voluntary program to keep residents informed. As of March 21, more than 600 homes have been screened, and no sustained or elevated detections of chemicals have been identified. 33:00 Debra Shore: Here's how EPA is holding Norfolk Southern accountable. On February 21, EPA issued a Unilateral Administrative Order to Norfolk Southern, including a number of directives to identify and clean up contaminated soil and water resources, to attend and participate in public meetings at EPA's request, and to post information online, and ordering the company to pay EPA's costs for work performed under the order. All Norfolk Southern work plans must be reviewed and approved by EPA. It must outline all steps necessary to address the environmental damage caused by the derailment. If the company fails to complete any of the EPAs ordered actions, the agency will immediately step in, conduct the necessary work, and then seek punitive damages at up to three times the cost. 46:30 Rep. Bill Johnson (R-OH): In one case, trucks were actually turned around at the gate of a proper, certified disposal facility and sent back to East Palestine to sit practically in my constituents backyard. Why did the EPA believe that it needed to send those letters? Debra Shore: Chairman Johnson, the instance you cite occurred before EPA assumed responsibility under the Unilateral Administrative Order for the cleanup. We don't know who told those trucks to turn around, whether it was the disposal facility itself or someone else. 48:50 Rep. Bill Johnson (R-OH): Why were they turned around? Debra Shore: This occurred during the transition period between Ohio EPA and US EPA assuming the lead for the emergency response. As such, under the Unilateral Administrative Order, all disposal facilities are required to be on the CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act) approved off-site disposal list. So, we needed a few days to review what had occurred and ensure that those facilities that Norfolk Southern had contracts with were on that approved list. Once we determined which ones were on the approved list, it's up to Norfolk Southern to ship waste off the site. 1:03:30 Rep. Diana DeGette (D-CO): Is the EPA intending to use the Unilateral Administrative Order to ensure that Norfolk Southern establishes a health and environmental screening program beyond this initial cleanup period? Debra Shore: Right now, the focus of the Unilateral Order and our work with Norfolk Southern is to make sure the site is cleaned up. I think the responsibility for that longer term health effort, I support what Dr. Vins recommended, and that may have to be negotiat[ed] with Norfolk Southern going forward. Rep. Diana DeGette (D-CO): Obviously, that hasn't started yet. Debra Shore: Not to my knowledge. 1:09:05 Rep. Buddy Carter (R-GA): What will take place in the remediation phase, what happens then? Debra Shore: Then there'll be restoration of stream banks and the places where the soil was removed from along the railroad sites and I think a larger vision for the community that they're already beginning to work on, such as parks and streetscapes. Rep. Buddy Carter (R-GA): Right. Any idea of what kind of timeframe we're talking about here? I mean, are we talking like in my district, decades? Debra Shore: No. We believe the core of the removal of the contaminated site and the restoration of the tracks will be several months. 1:11:35 Rep. Frank Pallone (D-NJ): When did clean up responsibility shift from EPA to Norfolk Southern, and what protections were put in place to ensure the health and safety of the community during that shift? Debra Shore: Thank you, Congressman Pallone. The transition from the State agency, which has the delegated authority in every state, has an emergency response capability, and so Ohio was on the ground working with the local firemen and other agencies as EPA arrived shortly after the derailment. It is typical in these kinds of emergency responses for the state agency to take the lead in the early days and Norfolk Southern was complying with the directives from the state. They continued to comply, but we've found over time that it's important to have all the authority to hold the principal responsible party in this case Norfolk Southern accountable, which is why on February 21, several weeks after the derailment, EPA issued its Unilateral Administrative Order. 1:19:55 Debra Shore: In the subsequent soil sampling that's been conducted, we looked at the information about the direction of the plume from the vent and burn event and focused that primarily where there might have been aerial deposition of soot or particulate matter, and that those soil samples have been collected in Pennsylvania. Rep. John Joyce (R-PA): And today, what soil, air, and water tests are continuing to occur in Pennsylvania? Debra Shore: Additional soil samples will be collected in collaboration, principally, with the Pennsylvania Department of Agriculture, the local Farm Bureau, and the Pennsylvania Department of Environmental Protection. 1:28:36 Anne M. Vogel: The reason that we have been able to say that the municipal drinking water is safe is based on an Ohio EPA map that pre-exists the derailment. This is the source water protection map. So the municipal wellfield is right here, if folks can see that, that big well in the blue. So the derailment happened way over here, a mile and a half away from the wellfield. And we know how the water flows, down this way, down this way, down the creeks. So the derailment would not have affected the municipal water source and we knew that very quickly after the derailment. 1:49:05 Debra Shore: Norfolk Southern has encountered some difficulties in finding and establishing contracts with sites to accept both liquid and solid waste. And I think we could accelerate the cleanup if they were able to fulfill that obligation more expeditiously. 1:51:20 Rep. Raul Ruiz (D-CA): What are some of the long term health concerns that residents and your providers have? Wesley Vins: We've heard a whole wide range of concerns long term. Certainly, cancer is first and foremost, because of much of the information that the residents see online and here, as well as reproductive concerns, growth concerns, hormonal concerns Rep. Raul Ruiz (D-CA): Do you think there's a potential with the carcinogens or any of the toxins that it could lead to ailments for five years from now? Wesley Vins: Yeah, I understand your question. So the some of the constituents that we have related to this response, obviously are carcinogenic, however, we're seeing low levels, is really the initial response. So I think the long question is, we don't know. Rep. Raul Ruiz (D-CA): We don't know. 2:04:50 Rep. Nanette Barragán (D-CA): Administrator Shore, one concern my office has heard is that relocation costs are not being covered by Norfolk Southern for everyone in East Palestine. How is it determined whether a resident is eligible to have their relocation costs paid for? Debra Shore: I'm sorry to hear that. My understanding was that Norfolk Southern was covering temporary relocation costs for any resident who sought that, and I would direct you to Norfolk Southern to ask why they are being turned down. Rep. Nanette Barragán (D-CA): Can the EPA require that Norfolk Southern cover relocation costs for anyone in East Palestine? Debra Shore: I'll find out. 2:11:45 Rep. Mariannette Miller-Meeks (R-IA): I guess my concern is, if the EPA is website says that the sampling data hasn't been quality assured, how did the EPA make the determination that the air is safe to breathe when it appears that the sampling data has not been quality assured? Debra Shore: Congresswoman, I'm going to ask our staff to get back to you with an answer for that. Executive Session and Improving Rail Safety in Response to the East Palestine Derailment March 22, 2023 Senate Committee on Commerce, Science, & Transportation View on Senate website Introduction Panel: U.S. Senator Sherrod Brown U.S. Senator J.D. Vance Mike DeWine, Governor of Ohio Misti Allison, Resident of East Palestine Witnesses: Jennifer Homendy, Chair, National Transportation Safety Board David Comstock, Chief, Ohio Western Reserve Joint Fire District Clyde Whitaker, Legislative Director, Ohio State SMART-TD Alan Shaw, CEO, Norfolk Southern Ian Jefferies, CEO, Association of American Railroads Clips 1:35:00 Sen. Ted Cruz (R-TX): Is there any relief being offered now to say, if you make the decision to move your home and move your family somewhere else, there is an avenue for you to sell your home and get a fair market price for it? Misti Allison: The short answer is, as of today, no. There is not a clear cut explanation or parameters of how you would do that. We've heard time and time again from Norfolk Southern that they're going to make it right and that they're looking into some long term health care monitoring and assistance and home value protection, but details of that plan have not been disclosed to residents as of today. 1:42:05 Jennifer Homendy: This derailment, as all accidents we investigate, was 100% preventable. 1:43:20 Jennifer Homendy: First, the definition of high hazard flammable train should be expanded to a broader array of hazmats and the definition's threshold of 20 loaded tank cars in a continuous block or 35 tank cars dispersed throughout a train should be eliminated. Second, DOT 111 should be phased out of all hazmat service. They're not as protected as DOT 117 tank cars. Third, people deserve to know what chemicals are moving through their communities and how to stay safe in an emergency. That includes responders who risk their lives for each of us every single day. They deserve to be prepared. That means access to real time information, obtaining the right training and gear, and having the right communications and planning tools. Fourth, light cockpit voice recorders in the aviation, audio and video recorders in the locomotive cab are essential for helping investigators determine the cause of an accident and make more precise safety recommendations. Recorders also help operators proactively improve their safety policies and practices. In the East Palestine derailment, the locomotive was equipped with an inward facing camera. However, since the locomotive was put immediately back into service following the accident, the data was overwritten. That means the recorder only provided about 15 minutes of data before the derailment, and five minutes after. The FAST Act, following terrible tragedies in Chatsworth and in Philadelphia, required Amtrak and commuter railroads to maintain crash and fire hardened inward and outward facing image recorders in all controlling locomotives that have a minimum of a 12 hour continuous recording capability. This was extremely helpful in our DuPont Washington investigation. Now is the time to expand that requirement to audio, and include the Class One freight railroads in that mandate. In fact, now is the time to address all of the NTSB's open rail safety recommendations, many of which are on our most wanted list. Fifth and finally, as the committee works on enhancing rail safety, I trust that you'll consider the resources that we desperately need to carry out our critical safety mission. Investments in the NTSB are investments in safety across all modes of transportation. 1:52:05 Clyde Whitaker: This derailment did not have to happen. And it makes it so much more frustrating for us to know that it was very predictable. And yet our warnings and cries for help over the last seven years have fallen on deaf ears and the outcome was exactly as we feared. Now the result is a town that doesn't feel safe in their own homes, businesses failing to survive and a railroad that prioritized its own movement of trains, before the people in the community, as well as its workers. It truly is a shame that operational changes in place prior to that incident are still in place today and the possibility for a similar disaster is just as possible. My entire railroad career I've listened to the railroads portray a message and image of safety first, but I have never witnessed or experienced that truth, one single day on the property. For years I've handled complaint after complaint regarding unsafe practices and unsafe environments, and for almost every single one I've been fought every step of the way. The truth is, ask any railroad worker and they will tell you, that their carriers are masters of checking the boxes and saying the right things, without ever doing anything meaningful toward improving safety. They're only focus is on the operating ratios and bottom lines, which is evidenced by the fact that their bonus structures are set up to reward timely movements of freight rather than reaching destinations safely, as they once were. Actions do speak louder than words. And I assure you that what you have heard, and will hear, from the railroads today are nothing more than words. Their actions are what's experienced by men and women I represent as well as what the people of East Palestine have been through. This is the reality of what happens when railroads are primarily left to govern and regulate themselves. 1:54:05 Clyde Whitaker: On July 11, 2022, I filed a complaint with the FRA (Freight Railroad Administration) regarding an unsafe practice that was occurring on Norfolk Southern (NS), despite existing operating rules to the contrary. NS was giving instructions to crews to disregard wayside detector failures and to keep the trains moving. This meant the trains were not being inspected as intended, and that the crews were not able to ascertain the integrity of such trains. This practice remained in place even after East Palestine. 1:54:40 Clyde Whitaker: It is a virus that has plagued the industry for some time, with the exception of precision scheduled railroading. Across America, inspections and maintenance is being deferred to expedite the movement of trains. No longer is identifying defects and unsafe conditions the goal of inspections, but rather minimiz[ing] the time it takes to perform them, or the elimination of them all together. 2:17:40 Sen. Ted Cruz (R-TX): Why did Norfolk Southern not stop the train then and examine the bearing to make sure that it didn't melt the axle and that you didn't have a derailment? If you'd stop then it would have prevented the derailment. So my question is, why did the second hotbox reading not trigger action? Alan Shaw: Senator, my understanding is that that second reading was still below our alarm threshold, which is amongst the lowest in the industry. In response to this, the industry has agreed to work together to share best practices with respect to hotbox detectors, trending technology, and thresholds. Sen. Ted Cruz (R-TX): So when you and I visited my office yesterday, you said your threshold is now 170 degrees above ambient temperature. As I understand it, at the time of the derailment, your threshold was 200 degrees above ambient temperature. 2:20:15 Clyde Whitaker: Make note that trending defect detector technology from being in the cab of a locomotive, when we pass a defect detector, it trends to an office like Norfolk Southern in Atlanta, Georgia. It doesn't convey to the railroad crews, which is a problem in this incident as well as many others that still continue to this day. What we need as a train crew -- which they say they listen, they haven't been listening for quite a while -- we need to be notified whenever these trending detectors are seeing this car trend hotter. That way we can keep a better eye on it. 2:22:35 Clyde Whitaker: It is feasible. The technology is there. Several days after East Palestine, we almost had a similar incident in the Cleveland area on Norfolk Southern. The defect detector said no defects to the crew. The train dispatcher came on and said, "Hey, we have a report of a trending defect detector on the train. We need you to stop and inspect it." Immediately after that the chief dispatcher, which is the person that controls the whole railroad, told them to keep going. If it were not for an eastbound train passing them and instructing them, "Hey, your train is on fire, stop your train." And we set that car out. They had to walking speed this car five miles. So the technology is there. They're just raising and lowering their thresholds to move freight. 2:25:15 Sen. Ed Markey (D-MA): His testimony is loud and clear: it would have been worse if there was only one person as a crew on that train. Do you disagree with him? Alan Shaw: Senator, I believe that we have operations infrastructure on the ground to respond to derailments. Sen. Ed Markey (D-MA): I think you're not answering the question, okay? It's almost like the last hearing all over again. Because I think the evidence is very clear that these trains can be absolutely safer, but that technology is no replacement for human beings. For example, it can't provide the cognitive functions of a conductor and can't collect visual cues during an emergency. Two-person crews make our trains safer and I wish that you would commit to that today, because I think it's pretty obvious that is the correct answer. I just get sick of industry executives talking about supporting the principles of regulation, while they lobby against common sense regulations like this one behind the scenes. 2:38:50 Sen. Peter Welch (D-VT): I understand that the business plan of Norfolk Southern includes a $7.5 billion stock buyback that is ongoing. Do you believe it would be appropriate to suspend that buyback program until all of the assurances that you are making to this committee and also to the people of East Palestine, about "making this right," that that stock back buyback program should be suspended until you have accomplished what you've assured us and what you've assured that people of East Palestine that you would do? Alan Shaw: Senator, we think about safety every day. We spend a billion dollars a year in capital on safety. And we have ongoing expenses of about a billion dollars a year in safety and as a result over time, derailments are down, hazardous material releases are down and injuries are down. We can always get better. Sen. Peter Welch (D-VT): Right, so you won't answer my question about suspending the buyback program. Alan Shaw: Senator, stock buybacks never come at the expense of safety Sen. Peter Welch (D-VT): I take that is that you will continue with your plan on the buyback. 2:51:30 Sen. Shelley Moore Capito (R-WV): I know that high hazardous flammable trains have more safety regulations. Why would this not have been characterized as a high hazard flammable train if it had th ese hazardous materials on it as part of the 149 car train? Alan Shaw: Senator, thank you for your question. I'm not familiar with the entire makeup of the train. I know that a highly hazardous train is defined by a certain number of highly hazardous cars in it or a certain number of cars in a block. Sen. Shelley Moore Capito (R-WV): Miss Homendy, maybe you can help me with that question. Jennifer Homendy: Yes, the definition of a high hazard flammable train involves class three flammable liquids only, 20 car loads in a continuous block, which would be a unit train, or 35 car loads of class three flammable liquids in a mixed freight train. That was not what was on this train. There were some that were class three defined flammable liquids, but this train was not a high hazard flammable train. Sen. Shelley Moore Capito (R-WV): Right. It wasn't a high hazard train, but it had high hazardous materials that are very flammable that just lit up the sky. So is that something that you would consider that should be looked at as a safety improvement? Jennifer Homendy: Yes, Senator. We think that the thresholds of the 20 and 35 should be eliminated and we think a broader array of hazmat should be in the definition of high hazard flammable train. Protecting Public Health and the Environment in the Wake of the Norfolk Southern Train Derailment and Chemical Release in East Palestine, Ohio March 9, 2023 Senate Committee on Environment & Public Works View on Senate website Witnesses: Sen. Sherrod Brown (D-OH) Sen. JD Vance (R-OH) Sen. Bob Casey (D-PA) Alan Shaw, President and CEO, Norfolk Southern Corporation Debra Shore, Regional Administrator, U.S. Environmental Protection Agency, Region V Anne Vogel, Director, Ohio Environmental Protection Agency Richard Harrison, Executive Director and Chief Engineer, Ohio River Valley Water Sanitation Commission Eric Brewer, Director and Chief of Hazardous Materials Response, Beaver County Department of Emergency Services Clips 26:50 Sen. Sherrod Brown (D-OH): The company followed the Wall Street business model: boost profits by cutting costs at all costs, the consequences for places like East Palestine be damned. In 10 years, Norfolk Southern eliminated 38% of its workforce. Think of that. In a decade they cut more than a third of their jobs. We see what the company did with their massive profits. Norfolk Southern spent $3.4 billion on stock buybacks last year and were planning to do even more this year. That's money that could have gone to hiring inspectors, to putting more hotbox detectors along its rail lines, to having more workers available to repair cars and repair tracks. Norfolk Southern's profits have gone up and up and up and look what happened. 33:35 Sen. JD Vance (R-OH): It is ridiculous that firefighters and local officials don't know that hazardous chemicals are in their community, coming through their community. In East Palestine you had a community of largely volunteer firefighters responding to a terrible crisis, toxic burning chemicals, without knowing what was on them. 34:50 Sen. JD Vance (R-OH): I've talked to a number of my Republican colleagues and nearly everybody has dealt in complete good faith, whether they like the bill or have some concerns about it, and these comments are not directed at them. Who they are directed at is a particular slice of people who seem to think that any public safety enhancements for the rail industry is somehow a violation of the free market. Well, if you look at this industry and what's happened in the last 30 years, that argument is a farce. This is an industry that enjoys special subsidies that almost no industry enjoys. This is an industry that is enjoys special legal carve outs that almost no industry enjoys. This is an industry that just three months ago had the federal government come in and save them from a labor dispute. It was effectively a bailout. And now they're claiming before the Senate and the House that our reasonable legislation is somehow a violation of the free market. Well, pot, meet the kettle, because that doesn't make an ounce of sense. You cannot claim special government privileges, you cannot ask the government to bail you out, and then resist basic public safety. 40:10 Alan Shaw: Air and water monitoring have been in place continuously since the accident and to date it consistently indicated that the air is safe to breathe and the water is safe to drink. 47:20 Debra Shore: Since the fire was extinguished on February 8, EPA monitors have not detected any volatile organic compounds above levels of health concerns. 47:45 Debra Shore: EPA has been assisting with indoor air screenings for homes through a voluntary program offered to residents to provide them with information and help restore their peace of mind. As of March 4, approximately 600 homes had been screened through this program and no detections of vinyl chloride or hydrogen chloride have been identified. 48:40 Debra Shore: On February 21, we issued a unilateral administrative order to Norfolk Southern which includes a number of directives to identify and clean up contaminated soil and water resources, to attend and participate in public meetings at EPA's request, and to post information online, to pay for EPA's costs for work performed under this order. EPA is overseeing Norfolk Southern's cleanup work to ensure it's done to EPA specifications. The work plans will outline all steps necessary to clean up the environmental damage caused by the derailment. And most importantly, if the company fails to complete any of the EPA ordered actions, the agency will immediately step in, conduct the necessary work, and then force Norfolk Southern to pay triple the cost. 1:04:30 Eric Brewer: Norfolk Southern hazmat personnel and contractors arrived on scene shortly after 11pm. At around midnight, after research of the contents, it was decided to shut down fire operations and move firefighters out of the immediate area and to let the tank cars burn. This is not an unusual decision. This decision was made primarily by Norfolk Southern's hazmat coordinator, as well as their contractor. 1:05:15 Eric Brewer: There was a possibility of explosion and we should consider a one mile evacuation. Ohio officials notified us that the one mile radius would now be from the leaked oil address. This would add additional residents from Beaver County in the one mile evacuation zone. Donington township officials went door to door, as well as using a mass notification system to advise the residents of the one mile recommended evacuation. It was stressed that this was a recommendation as we cannot force residents from their homes. Social media posts began to circulate stating that arrest would be made if people refused to leave during the evacuation. Let me be clear that was not the case in Pennsylvania, as this was not a mandatory evacuation. Monday morning, we assembled at the Emergency Operations Center in East Palestine. We learned Norfolk Southern wanted to do a controlled detonation of the tank car in question. We were assured this was the safest way to mitigate the problem. During one of those planning meetings, we learned from Norfolk Southern that they now wanted to do the controlled detonation on five of the tank cars rather than just the one. This changed the entire plan, as it would now impact a much larger area. 1:21:25 Sen. Shelley Moore Capito (R-WV): Why did you wait a month before you started to order the dioxin testing when the community was asking for this? Was that a decision that you made early on that it wasn't critical? Or how was this decision made? Debra Shore: Senator Capito, our air monitoring was searching for primary indicators, such as phosgene and hydrogen chloride, immediately during and after the burn. We detected very low levels which very quickly went even down to non detectable. Without those primary indicators, it was a very low probability that dioxins would have been created. They are secondary byproducts of the burning of vinyl chloride. 1:25:40 Alan Shaw: As you saw just this week, a six point safety plan that included a number of issues which we're implementing immediately to improve safety, including installing more wayside detectors. The first one was installed yesterday outside of East Palestine. 1:30:20 Sen. Markwayne Mullin (R-OK): Mr. Shaw, when the vent and burn process was being made, who who made those decisions? And what was other considerations other than just burning it and letting the material burn off? Alan Shaw: Thank you for that question. The only consideration, Senator, was the safety and health of the community. And that decision was made by Unified Command under the direction of the Incident Commander? Sen. Markwayne Mullin (R-OK): Who's that? Alan Shaw: The Incident Commander was Fire Chief Drabick. Norfolk Southern was a part of Unified Command. 2:07:25 Alan Shaw: Senator, the NTSB report indicated that all of the hotbox detectors were working as designed. And earlier this week, we announced that we are adding approximately 200 hotbox detectors to our network. We already have amongst the lowest spacing between hotbox detectors in the industry. And we already have amongst the lowest thresholds. 2:15:35 Sen. Ed Markey (D-MA): Will you commit to compensating affected homeowners for their diminished property values? Alan Shaw: Senator, I'm committing to do what's right. Sen. Ed Markey (D-MA): Well, what's right is a family that had a home worth $100,000 that is now worth $50,000 will probably never be able to sell that home for 100,000 again. Will you compensate that family for that loss? Alan Shaw: Senator, I'm committed to do what's right. Sen. Ed Markey (D-MA): That is the right thing to do. These are the people who are innocent victims, Mr. Shaw. These people were just there at home and all of a sudden their small businesses, their homes are forever going to have been diminished in value. Norfolk Southern owes these people. It's an accident that is basically under the responsibility of Norfolk Southern, not these families. When you say do the right thing, will you again, compensate these families for their diminished lost property value for homes and small businesses? Alan Shaw: Senator, we've already committed $21 million and that's a downpayment Sen. Ed Markey (D-MA): That is a down payment. Will you commit to ensuring that these families, these innocent families, do not lose their life savings in their homes and small businesses? The right thing to do is to say, "Yes, we will." Alan Shaw: Senator, I'm committed to doing what's right for the community and we're going to be there as long -- Sen. Ed Markey (D-MA): What's right for the community will then be balanced -- which is what we can see from your stock buybacks -- by what's right for Norfolk Southern. C-SPAN: Washington Post Live March 6, 2023 Speakers: Heather Long, Columnist and Editorial Writer, Washington Post Jennifer Homendy, Chair, National Transportation Safety Board Clips 5:14 Jennifer Homendy: Hazardous materials are transported on all modes of transportation. Our aviation system is the safest, but they're limited in what they can transport for dangerous materials. Pipelines can also be safe as well. They have a generally good safety record until one big rupture occurs. But then our railroads also have a good safety record. Train accidents in general, per million trains miles, are going up. So it's trending upwards, accidents. With that said, going on our nation's roads with these materials is not something we want to see. You know, we have 43,000 people that are dying on our nation's roads annually. We have a public health crisis on our roads. Millions of crashes are occurring, so transporting hazmat on our roads would be more dangerous than on our railways. 6:50 Jennifer Homendy: The numbers are trending upward on accidents overall and also for Norfolk Southern 8:20 Jennifer Homendy: That is a role that's very important for the NTSB and why we are independent of the Department of Transportation. We are not part of the Department of Transportation because we do conduct federal oversight to see if DoT's oversight of the freight railroads is adequate or inadequate and we may make recommendations on that. 10:20 Jennifer Homendy: Once it hit well over 250 degrees, it was time for the train crew to stop to inspect the axle, to inspect the wheel bearing and to possibly, in this case, set out the car. But it was too late because as they were slowing and stopping, the train derailed, the wheel bearing failed. And so there might need to be more conservative temperature thresholdss o that started earlier. Also, something the Transportation Safety Board of Canada has looked at is real time monitoring of temperatures and data trending from the control center so that they can see the temperatures increase over a period of time. In this derailment, or what we saw of this train and its operations, is the temperature of that wheel bearing was going up pretty significantly over the course of the three different wayside detectors, but you know, the crew doesn't see that. So that real time monitoring and data trending so that there's some communication with the crew to stop the train and take immediate action is definitely needed. We'll look at that as part of our investigation as well. 12:30 Jennifer Homendy: One thing I will mention is that these decisions about the placement of these hot bearing detectors and the thresholds really vary railroad by railroad and so there needs to be good decision making, some policies and practices put in place. 18:00 Jennifer Homendy: Electronically controlled pneumatic (ECP) brakes don't prevent a derailment. It could lessen damage. So let me explain that. So in this one, car 23 still would have derailed because a wheel bearing failed. So car 23 still would have derailed. Still would have been a derailment, still would have been a fire, and the responders, and Norfolk Southern, and the state and locals would have had to still make a decision on whether to vent and burn the five vinyl chloride tank cars. There could have been a possibility of less damage, meaning a few cars could have remained on the track later in the train. But as for most of the damage, that still would have occurred whether we had ECP brakes on this train or not. 19:50 Heather Long: There's a lot fewer people working on rail, especially freight rail. Does the number of people make any difference here? Jennifer Homendy: Well for this one, as you said, we had two crew members and a trainee. They all stay, as with every train, in the cab of the head locomotive. So I do not see where that would have made a difference in this particular train and this derailment. One thing we are going to look at is whether any changes in staffing lead to any differences in how these cars are maintained or how they're inspected. That is something we will look at. 21:05 Jennifer Homendy: Yeah, so the fire chief, upon arrival at the command center following the derailment, had electronic access to the train consist, which is the list of cars and the materials or liquids that the train is carrying, but none of the responders had the Ask Rail app. You could look up a UN number for a particular car and get the whole consist of the train. It's in an app that the railroads developed for helping emergency responders to get information following an accident. 25:05 Jennifer Homendy: And we have over 250 recommendations that we've issued on rail safety generally that have not been acted upon yet. Music Tired of Being Lied To by David Ippolito (found on Music Alley by mevio) Editing Pro Podcast Solutions Production Assistance Clare Kuntz Balcer

It's Electric! Later this week, Reineke Ford-Lincoln will host an event where you can get answers to everything you've ever wondered about owning an EV (at 14:48) --- Congressman Bob Latta discusses his priorities as the new Chair of the Energy and Commerce Subcommittee on Communications and Technology in the 118th Congress... particularly with respect to the growing threat from China (at 23:46) --- Young people today often get a bad rap, but a great many of them are doing amazing things in and for their communities... and the Shyne Foundation Awards aim to give them the recognition they deserve (at 47:02)

After multiple formula-related infant deaths were reported to the FDA in February, samples from Abbott Laboratories' Sturgis, Michigan baby formula production facility tested positive for cronobacter, triggering a recall and a subsequent formula shortage. In this episode, Jen uncovers monopoly and neglect in the baby formula production industry, lack of oversight by the FDA, and the United States' refusal to adopt the World Health Organization's International Code of Marketing of Breast-Milk Substitutes. Please Support Congressional Dish – Quick Links Contribute monthly or a lump sum via PayPal Support Congressional Dish via Patreon (donations per episode) Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank's online bill pay function to mail contributions to: 5753 Hwy 85 North, Number 4576, Crestview, FL 32536. Please make checks payable to Congressional Dish Thank you for supporting truly independent media! View the shownotes on our website at https://congressionaldish.com/cd254-baby-formula-shortage Background Sources Recommended Congressional Dish Episodes CD234: AWOL Recall: The Rock and Play Sleeper The Formula Shortage Abbott. Jun 15, 2022. “Update on Abbott's Sturgis Plant and Formula Production.” “Testimony of Robert M. Califf, M.D., Commissioner of Food and Drugs, Food and Drug Administration, Department of Health and Human Services, before the Committee on Health, Education, Labor & Pensions, Infant Formula Crisis: Addressing the Shortages and Getting Formula on Shelves.” May 26, 2022. U.S. Senate. Center for Food Safety and Applied Nutrition. May 18, 2022. “Guidance for Industry: Infant Formula Enforcement Discretion Policy” [FDA–2022–D–0814]. U.S. Food and Drug Administration. Annie Gasparro and Jaewon Kang. May 12, 2022. “Baby Formula Shortage Could Leave Parents Scrambling for Months.” The Wall Street Journal. U.S. Food and Drug Administration. Feb 2022. “FDA Investigation of Cronobacter Infections: Powdered Infant Formula.” Baby Formula Monopoly Matt Stoller. May 13, 2022. “Big Bottle: The Baby Formula Nightmare.” BIG by Matt Stoler on Substack. Sam Knight. Apr 23, 2022. “Company Responsible for Tainted Baby Formula Has Monopoly Over Aid Program Sales.” Truthout. FDA Failure Letter from Rep. Raja Krishnamoorthi to FDA Commissioner Robert Califf. March 24, 2022. U.S. House of Representatives. Poisoned Baby Food House Committee on Oversight and Reform, Subcommittee on Economic and Consumer Policy Staff. Feb 4, 2021. “Report: Baby Foods Are Tainted with Dangerous Levels of Arsenic, Lead, Cadmium, and Mercury.” Operation Fly Formula Brenda Goodman and Deidre McPhillips. Jun 10, 2022. “How far will Operation Fly Formula shipments really go to fill America's store shelves?” CNN. The White House. May 22, 2022. “Biden Administration Announces Second Operation Fly Formula Flight.” White House Briefing Room: Statements and Releases. 60 minutes Segment Bill Whitaker. May 22, 2022. “Medical Middlemen: Broken system making it harder for hospitals and patients to get some life-saving drugs.” 60 Minutes. The WHO Code and Formula Marketing The World Health Organization. Apr 28, 2022. “Scope and impact of digital marketing strategies for promoting breastmilk substitutes.” The World Health Organization. Apr 28, 2022. “WHO reveals shocking extent of exploitative formula milk marketing.” The World Health Organization. #EndExploitativeMarketing Petition. La Leche League International. “International WHO Code.” Bonnie Goldstein. Jul 13, 2018. Paper Cuts: No Match for Mother's Milk. Project on Government Oversight. Baby-Friendly USA website. The World Health Organization. Jan 27, 1981. “International Code of Marketing of Breast-Milk Substitutes.” Fisher-Price Update Katie Porter [@RepKatiePorter]. Jun 15, 2022. “Following yesterday's news of previously unreported infant deaths in Fisher-Price products, I'm calling on the company to immediately recall all…” Twitter. Laws H.R.7791: Access to Baby Formula Act of 2022 Jen's Highlighted PDF of Public Law 117–129 H.R.3182: Safe Sleep for Babies Act of 2021 Audio Sources INFANT FORMULA CRISIS May 26, 2022 Senate Committee on Health, Education, Labor, and Pensions The committee concluded a hearing to examine the infant formula crisis, focusing on addressing the shortage and getting formula on shelves. Witnesses: Robert M. Califf, Commissioner of Food and Drugs, Food and Drug Administration Clips 37:26 Dr. Robert Califf: Frankly, the inspection results were shocking. Standing water, cracks in key equipment that presented the potential for bacterial contamination to persist, particularly in the presence of moisture, leaks in the roof, a previous citation of inadequate hand washing and current poor foot sanitation, bacteria growing from multiple sides, and many signs of a disappointing lack of attention to the culture of safety in this product that is so essential to the lives of our most precious people. 38:14 Dr. Robert Califf: As soon as we receive positive cronobacter results from environmental samples at the facility that we collected during the inspection, we contacted Abbott to ask the company to issue a voluntary recall. The need to take urgent action to protect the most vulnerable of all of our people -- infants -- presented a dilemma. This was the largest plant of the dominant manufacturer, and it was the sole source of a number of metabolic formulas essential for viability of infants with no substitution possible, because Abbott had no backup plan. We knew that ceasing plant operations would create supply problems, but we had no choice given the unsanitary conditions. 50:50 Sen. Richard Burr (R-NC): Why haven't you waived labeling requirements from trusted manufacturers in countries like the UK, Australia or Canada? Couldn't manufacturers provide temporary labels on imported formula? Cans if the label is printed in a language other than English until US manufacturing is restored? Some countries have higher nutritional requirements. Why can't we provide a waiver for their products to come into the country? Dr. Robert Califf: We've waived many of the requirements that are the ones that make sense, but the directions have to be clear to Americans in language that's understandable so the formula can be mixed correctly. An error in mixing up the formula for example, can lead to a very sick infant not getting the right nutrition. 2:16:18 Dr. Robert Califf: We saw the lack of quality in the system and the lack of accountability for the problems that were there. And so we had to invoke the Justice Department to negotiate a consent decree, which is essentially Abbott saying, “Yes, we had all these problems. Here's exactly what we're going to do to fix them.” For legal reasons, I can't discuss the exact details of the negotiation, but let's just say that it took a little armwrestling to get to the point where the Justice Department got Abbott to sign the consent decree. FORMULA SAFETY AND SUPPLY: PROTECTING THE HEALTH OF AMERICA'S BABIES May 25, 2022 Committee on Energy and Commerce: Subcommittee on Oversight and Investigations Witnesses: Robert M. Califf, Commissioner, Food and Drug Administration Frank Yiannas, Deputy Commissioner, Food Policy and Response, Food and Drug Administration Susan Mayne, Director, Center for Food Safety and Applied Nutrition, Food and Drug Administration Chris Calamari, Senior Vice President of U.S. Nutrition, Abbott Robert Cleveland, Senior Vice President of the Nutrition Business Unit for the US and Europe, Mead Johnson Nutrition Scott Fitz, Vice President of Technical and Production, Gerber Clips 41:55 Robert Califf: Because of the lack of the diversification of this market in the absence of a central hub for integrating supply chains, we concluded early on that getting the Sturgis facility up and running safely was a top priority. But we had no confidence in the integrity of the Abbott quality program at this facility. Accordingly, we initiated proceedings toward a consent decree, which requires Abbott to undertake steps to assure safe production of formula, including hiring an outside expert with reporting to FDA. 43:03 Robert Califf: Despite the overall numbers showing diminished but steady supply, we knew that distribution was an issue. Some areas were experiencing significant shortages, but overall, there was enough formula to go around. About a month ago, the reports of shortages on the shelf proliferated, although there was not a drop in production. This increase in consumption most likely represents heightened concern of parents and caregivers about shortages, leading to an understandable effort to purchase ahead to ensure adequate supply at home. This type of cycle has happened with other products throughout the pandemic, and we realize that the only solution is to have adequate supply to make sure shelves are stocked. 45:57 Robert Califf: Abbott's enormous market share left it with a responsibility for producing safe infant formula that was not met. We will do everything in our power to work with Abbott to make this happen as quickly and as safely possible, but this timing is an Abbott's control. 46:35 Robert Califf: Across the industry we regulate, we are seeing evidence that the just-in-time distribution system, market concentration, and sole-source contracting are leading to shortages. Multiple reports to Congress call for improved supply chain management. Until regulatory agencies have digital access to critical supply chain information and personnel to do the work, we will continue to react to supply chain disruptions rather than intervening to prevent them. 1:01:113 Robert Califf: It's really important for people to go to the HHS website: hhs.gov/formula. There you'll find the hotline for all the manufacturers and helpful information about where to go. 1:04:12 Robert Califf: You would be surprised to know there's no just-in-time system where all the FDA employees can see what's going on. What we really need is access to the information that the manufacturers have about each of their individual supply chains. They each have their individual supply chains, but there is no national system to make sure the supplies getting where it needs to go. 1:05:11 Rep. Cathy McMorris Rodgers (R-WA): Did FDA not have a data analytics tool to monitor the supply chains of various products, including infant formula? Robert Califf: We requested funding for a tool and because we didn't get the funding, we cobbled it together. It's a start, but it's nowhere near — you know, again, I was at Google for five years. The technology at FDA, and in many federal agencies is outmoded and needs an upfit, there's just no question about. 1:07:33 Susan Mayne: We have been in discussion with infant formula manufacturers throughout COVID, but discussion is not the same thing as data and we do not have the authorities to demand data from the companies to get necessarily all the information that you would want to have to really monitor the supply chains as Dr. Califf indicated. 1:10:30 Robert Califf: But given what we saw, the only way we could have confidence was through a consent decree, where we literally have oversight of every single step. When we met with the CEO yesterday, there were hundreds of steps that they went through that they're having to do, many of which have already been done. So it's only if we have direct oversight over it that I would have confidence, but I do have confidence that we are seeing every single step both physically in-person, and also through following the documentation and the outside expert. 1:10:53 Rep. David B. McKinley (R-WV): How will the passage of last week's FDA Bill increase the production of baby formula? Robert Califf: Production is increasing already — Rep. David McKinley The criticism, that they said that on these various tweets — it was not just one there were several — that said it was unnecessary. So I want to know, how do we increase, how do we get back to production? How to put in $28 million? How would that how's that gonna increase production? Robert Califf: Well, remember, the Abbot plant needs to get up and running, we've got to oversee and micro detail to make sure that it's done correctly. And as we bring in supply from other countries, remember, we already have overseas plants that we import from on a regular basis, almost double digits. So as we bring that product in, we've got to inspect it, make sure it's of the quality that we expect in America of formula and we need to upgrade our information systems, as I've already said, to make sure that as all this goes on, we can keep track of it and make sure that we're coordinated. 1:44:55 Rep. Kim Schrier (D-WA): Is there any early warning system for products like baby formula? And not just the ingredients but for formula itself or manufacturer would let you know if they're running short or anticipate a shortage? Robert Califf: First of all, let me thank you for being a pediatrician. I sometimes call the Academy of Pediatrics just for the positive vibes that you all exude as a profession. But no, there is not such a warning system. We've repeatedly asked for that authority and have not been granted it. The industry by and large has opposed it. 1:52:21 Susan Mayne: What the data show is, we can't rule in or rule out whether or not those infants, their cronobacter was caused by this plant. The data just simply can't be used to inform it. Rep. John Joyce (R-PA): But the genetic testing you did. It does not match from the plant, correct? Susan Mayne: That is correct. But what we did not have is any sampling done at the same time that the product was manufactured that was consumed by the individuals who got sick, so we didn't have that every director 2:08:57 Rep. Ann Kuster (D-NH): I know that in this part of the country, I'm in New Hampshire, we have milk banks of mother's breast milk. And I'm wondering what is the regulation by the FDA? And can we assure our constituents that breast milk from milk bank is safe and is thoroughly vetted by the FDA? Robert Califf: You're asking some very good questions. I'm gonna refer this to Dr. Mayne who probably would have the best answer. Susan Mayne: Thank you, Congresswoman. So human breast milk is regulated as a food. And so that is reassuring and they have to have proper screening protocols and things like that in place to make sure that the donors that are donating the milk, get that, that's critical for human food safety. So that's how I would respond. Thank you. 2:26:28 Robert Califf: You would think that a critical industry like this would have resilience plans, redundancy, but we don't even have legal authority right now to require that the firms have a plan for potential failures and resilience. That's something we've asked Congress for every year for a while, and we're asking for it again. So I hope that it happens this time. I'd also add that this is not unique to this industry. We are seeing this across the entire device and medical supply industry with frequent failures as exemplified by the 60 minutes show and the contrast medium problem that I talked about. We have gone to a just-in-time, large single source contracts that lead to lack of diversification in the industry and the industry has fought us tooth and nail on requiring that there be insight into their supply chains, so that the sum of all of the industries leads to the the avoidance of preemption. We'd like to be able to stress test and prevent these things from happening rather than waiting until they happen, and then scrambling. 2:58:58 Susan Mayne: What we've seen is, first the strain of the COVID 19 pandemic, then the strain of the recall, and now we've got the Russia-Ukraine conflict. And one of the things that we know is the Ukraine region is one of the world's biggest exporters of products like sunflower oil. Sunflower oil is used as an ingredient in many food products, including infant formula. And so we have been working with the manufacturers should they be unable to maintain their supply of sunflower oil, what they would replace it with and make sure that that would meet the nutritional requirements for infant formula. 3:26:28 Chris Calamari: We plan to start production at Sturgis the first week of June. We will begin with the production of EleCare, before turning to the production of other formulas and Similac. From restart, we estimate that it will take six to eight weeks before product is available on shelves. 4:28:51 Rep. Paul Tonko (D-NY): Your testimony also mentions global supply chain challenges as a factor the company has had to contend with. What, if any, steps has Gerber taken to maintain its production and distribution supply? Scott Fitz: Thank you for the question. Certainly, our industry is not immune to the global supply chain challenges brought on by the pandemic. We struggled with materials supply issues, intermittent materials supply issues, whether it be ingredients or packaging components, we struggled struggled with the material quality issues related to the pandemic, we've had transportation and logistics issues, just getting trucks and truck drivers available to move the products and supplies that we need. And we've had COVID related labor challenges and higher turnover than normal are all things that have impacted us. Through the course of the pandemic though we've we've resolved these on an ongoing basis, one at a time as they've come up. We are putting trying to put in more robust business continuity plans in place for critical components and ones that we know we will have challenges with in the future. 4:30:50 Rep. Paul Tonko (D-NY): Did you not think the FDA should be notified or at least aware of your struggle? Scott Fitz: Should FDA be aware of our struggle? Rep. Tonko: Yeah, should you have shared those concerns for supply chain? Scott Fitz: If it could help, we would certainly be willing to do that. Yes. Rep. Tonko: What should you have told us during the last year? Scott Fitz: Well, as I testified, the issues that have come up for us, we've been able to resolve. Through the last six months our in-stock rates have averaged 86%. 4:35:55 Chris Calamari: On the horizon, we see in the manufacture of infant formula agricultural oils are absolutely essential, paper is absolutely essential, the cost of fuel to supply and distribute the product is essential. So I would call out those key elements ranging from agricultural oils to the cost to deliver the product would be the biggest areas of focus. 4:41:42 Robert Cleveland: We reached out and spoke to the USDA almost immediately seeking flexibility, for example in the size format. And while that sounds small, it's very significant because what that means is the WIC consumer doesn't have to look for one particular size of product at the shelf. They can find any size of the shelf to fulfill their their benefits with and that's allowed us to continue production and step up to meet the requirements of those consumers. We've since worked with the USDA to find a number of other ways to flexibly administer the program, because really, the focus for the WIC consumer is the same as the others, making sure she has safe access to formula and doesn't have to compete with non-WIC consumers to get it. So the more sizes, the more formats, the more manufacturers that the program can support, the more likely she is to have her needs met. 4:47:35 Rep. Kim Schrier (D-WA): The baby formula industry in our country is really unique in that about 90% of the product is made right here in the United States. And the vast majority is made by your three companies [Abbott, Gerber, and Mead Johnson]. And so it should be no surprise that when something goes wrong, like what happened in Sturgis, it really rocks the whole industry and the facility in Sturgis is responsible for 40% of Abbott's formula on the market and makes up about 20% of the total formula on the market in the US, and that is really significant, especially when this year Similac has the contract with WIC. 5:10:40 Rep. Buddy Carter (R-GA): Okay, the supply chain issues, is that because some of the ingredients were coming from other countries? Chris Calamari: Representative, yes, so global supply chains are such that we have ingredients coming from global sources and that is the nature of our supply chain. 5:19:29 Rep. Diana DeGette (D-CO): Let's say my daughter, who has a six-week-old baby, called me up and said, “I need to get some formula for my baby. And my store shelves are bare.” What can we tell them between now and all of the emergency measures we put into place to start putting formula on the shelves? Who should they call? Where can they go to try to get some of this limited product right now? What's the practical suggestion? Robert Cleveland: It's very unfortunate that you have to answer that question or ask that question, but let me do my best to answer it. I think the shelves — the reality is they don't have anywhere near the product that they do. So one of the things I've often said during this crisis is it takes a village to raise a child. In this case, sometimes it's taking a village to find infant formula. So the first thing to do is work with your network of family and friends, and as they go to the stores, look for the product that's there. And I've seen many mothers and grandmothers and fathers and cousins doing this on the shelf. You can call our Consumer Response Center. Now to be fair, those folks are doing a phenomenal job of fielding waves and waves of calls. But we will help you if you call. That's one other resource. The physician's office is another. Sometimes they do have the samples that are required, and they can help transition between finding product on the shelf. And then I would be sure to look online as well as in-person at the store and be open to other formats. Many mothers and fathers have a particular type of format they like. You may need to be more flexible in the format that you use. But all infant formula regulated by the FDA is safe for your infant, whether it's a liquid or a powder or what size it's in. And so I would say shop widely. See your doctor or enroll your family friends, give us a call if you need to, and be flexible. THE INFANT FORMULA CRISIS May 25, 2022 Committee on Appropriations: Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Witnesses: Ginger Carney, Director of Clinical Nutrition, St. Jude Children's Research Hospital Sarah Chamberlin, Executive Director, National PKU News Michael Gay, Owner and Manager, Food Fresh Brian Ronholm, Director of Food Policy, Consumer Reports Linkedin Clips 32:29 Michael Gay: WIC's rigid rules have made it difficult for the program to be responsive to critical shortages throughout the pandemic and now during the formula crisis. Substitutions may be easily available when situations like this arise. The emergency waivers instituted by the USDA during the pandemic have provided flexibility in some states, but those waivers were only available because of the pandemic. To prevent this issue from happening in the future, Congress should allow WIC vendors operating during severe supply shortages, disasters or public health emergencies to automatically substitute limited WIC approved products impacted by supply chain disruptions. The USDA should direct states to include product substitutions for WIC in their emergency preparedness plan. These changes would have allowed families to immediately switch to another formula in states with shortages allowing for smooth continuation of feeding infants. 33:27 Michael Gay: Secondly, there's a significant need for USDA to examine the long term effects of cost containment, competitiveness and peer grouping formulas for WIC vendors. States operate a peer group system to monitor vendor prices and determine reimbursements are cost competitive. These cost containment measures have led to reduced retail embursement and reduced retailer participation in the program, leading to fewer locations for families to access formula. 33:55 Michael Gay: WIC infant formula cost containment measures have led to extreme consolidation in the formula marketplace, leaving it highly vulnerable to supply disruptions like we are experiencing now. These contracting policies must be reviewed to ensure future food security of the nation's babies and families. 41:50 Brian Ronholm: The evidence suggests that the agency was too slow to act, failed to take this issue seriously, and was not forthcoming with information to parents and caregivers. The infant formula crisis exposed a greater structure and culture problem that has long existed FDA. This was merely one symptom of the overall problem, and it is clear that confidence in the food program at the FDA is eroding. A big reason for this is the food program has second class status within FDA, and it's resulted in serious problems. The FDA also lacks a single, full-time, fully empowered expert leader of all aspects of the food program. As you know, in recent decades, most FDA commissioners have been medical specialists who naturally focus on the programs impacting medical products. This is certainly warranted considering the impact these programs have on public health. And the pandemic is a perfect example of this. However, this usually results in intense competition for the commissioner's time and support and focus on the food program is typically what has suffered under this dynamic. It has become impossible for an FDA commissioner to possess the bandwidth to provide leadership and accountability to a set of offices that regulates 80% of our food supply. 51:45 Ginger Carney: I would want to warn parents not to make homemade formulas — the American Academy of Pediatrics warns against that — they should not dilute the formula, as both of these situations can lead to disastrous results and lead possibly to hospital admissions. 56:40 Brian Ronholm: Splitting out the food safety functions of the agency as it exists now and creating separate agencies while still remaining under the HHS umbrella would be an effective approach that would get to the issues that I think everyone has become aware of during this crisis. 59:32 Rep. Rosa DeLauro (D-CT): We now have 15 agencies at the federal level who deal with some form of food safety, the principal ones are USDA and FDA. It should be one single agency! 1:06:30 Michael Gay: In a rural area such as ours, probably 85-90% of my formula is WIC formula, which is just down to one type of formula. So even like today, for example, or my truck Monday, I got about 20 cases of Gerber formula in a different variety, but that's not approved on what and the Georgia WIC office just approved some substitutions for formulas that were, you know, prescribed by the doctor with the contract formula. So therein lies the problem is there's no easy way to substitute that for the customer. 1:23:29 Brian Ronholm: Four companies that control 90% of the market and only three of them actually bid on WIC rebate contracts. Abbott is by far the largest one and I believe they have contracts in 30 or 31 states, I think it was the latest figure. So when those contracts come up, these companies submit based on their ability to meet the demand in a particular state, and Abbott is usually the only one that's big enough to do that. We mentioned that they have a large part of the market, I think when it comes to the WIC market, they have approximately 55 to 60% of the WIC market. So that's a significant size of the market that it really needs to be examined so when situations like this hit, how does it impact that particular….And it's obviously going to have a bigger impact because these companies use the WIC market to get into the overall non-WIC market to even increase the share of their market, so that creates further shortage problems. 1:40:35 Ginger Carney: One thing that we really haven't talked about is the WHO code for marketing breast milk substitutes. And that's what these formulas are, they're breast milk substitutes. So if we look at the WHO code in other countries, other developed countries are abiding by the WHO code and this gives guidelines for how companies can market their infant formulas in a safe way. So maybe we should go back to that and think about what is it about the WHO code that would benefit all of our families in the country so that they are assured when they do have to reach for infant formula when breastfeeding cannot be an option or will not be an option? What are the things that are marketed directly to our families that tell them about the formula? 1:44:20 Rep. Debbie Wasserman Schultz (D-FL): Half of all US formula consumption goes through the WIC program, which provides free infant formula as we've been talking about today, where states negotiate bulk discounts in exchange for market exclusivity. Now, I'll take you back to 1989 when Republican President George Bush enacted legislation requiring all state WIC programs to use competitive bidding for the purchase of infant formula. In practice, this means that the state of Florida for example is required to use a single supplier for the entire state supply of WIC baby formula. The competitive bidding process has yielded $1.3 billion to $2 billion a year in savings and allowing WIC to serve about 2 million more participants annually because of the discounts. However, when there's a supply shock caused by one of the four market participants, like what happened with Abbott in this case, it creates a serious risk to infant health across the country. 1:48:00 Rep. Debbie Wasserman Schultz (D-FL): We know that in Europe, they consistently produce a baby formula surplus. But there are rigid labeling and nutritional requirements for formula containers here in the US that the FDA requires and they prohibit the sale of many European-made products, even though the formulas themselves meet FDA nutritional and purity standards. So what sort of policy changes would you like to see undertaken to ease restrictions on baby formula imports, while still ensuring that the product meets our safety standards? Brian Ronholm: Yeah, I think it's critical that we maintain those safety standards that FDA has set on infant formula, that's absolutely critical. There's a comfort level with consumers when they're able to purchase something that they know is an FDA inspected facility overseas. But to your point, sometimes these regulations, these really strict regulations are thinly disguised trade protection measures. And so you know, that's certainly an issue that we'd have to examine carefully to make sure that we can have that access. Cover Art Design by Only Child Imaginations Music Presented in This Episode Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)

This is Garrison Hardie with your CrossPolitic Daily News Brief for Thursday, May 26th, 2022. Have you signed up for our upcoming conference in Knoxville TN? Early bird pricing will end before you know it, and by the way, if you’re a club member, you’ll get $100 off, so sign up now, at flfnetwork.com/knoxville2022 I want to start your day off with some positive news… Birth rates, went up last year, for the first time in nearly a decade. https://nypost.com/2022/05/25/us-birth-rates-increased-in-2021-for-the-first-time-in-7-years/ Couples seemed to have been busy during the pandemic… and it makes sense… what else is there to do when you’re forced to stay inside by a tyrannical government? For the first time in seven years, birth rates in the United States increased – albeit by only 1%. The Centers for Disease Control and Prevention’s National Center for Health Statistics revealed there were 3,659,289 babies born in 2021, the first rise in births since 2014. Past years had seen a steady birth decrease of 2%, according to ABC News. The data comes after births dropped 4% — dubbed the “baby bust” — in 2020 during the pandemic. But now that society is bouncing back… if you can call it that… people are once again starting families. Mothers, ages 35 to 44, gave birth the most of any age group — with a nearly 3% increase — which comes after a trend of women hesitant about having children. In a state-by-state case, the Northeast region was amongst the boom of births. New Hampshire came out on top, with a 7% yearly birth-rate increase, trailed by Connecticut (6.5%), Vermont (5.2%) and New Jersey (5.09%). While only New Mexico saw a 1.9% percent fall and Hawaii only 1%, no other states saw a birth decrease greater than 1% from 2020 to 2021. While the CDC doesn’t list an explanation for the boom, some respondents in a Pew Research Center poll cited medical issues (19%) or not knowing the “state of the world” (9%) as reasons for not having more or any children. A New York University study released in September 2021 demonstrated a similar trend: Fewer women wanted children, all thanks to the pandemic… I’d also like to add that women this day and age, are being encouraged to pursue careers as opposed to becoming mothers… one of the most incredible miracles we witness in this day and age, is a woman’s ability to create life….. But then again, I’m no Biologist. In 2021, fertility rates were up. The number of live births per 1,000 women between 15 and 44 years of age was 56.6, an increase from 56 the year prior. While the total fertility rate was 1,663.5 births per 1,000 women, it still isn’t enough to reach “replacement levels,” or the level the population would need to essentially replace itself. According to ABC News, that number is 2,100 births per 1,000 women. Some more good news… teen pregnancies were down by 6%. Pregnancies amongst 15- to 17-year-olds decreased by 8% and those amongst ages 18 to 19 fell by 7%. Speaking of babies… More baby formula is heading to store shelves as early as this weekend https://www.cnn.com/2022/05/25/health/formula-supply/index.html From CNN, More baby formula is expected on store shelves as soon as this weekend through a variety of government efforts. On Wednesday, 60 tons of formula landed at Dulles International Airport in Washington from Ramstein Air Base in Germany, the second shipment from Europe as part of the Biden administration's Operation Fly Formula. That effort was started to address the nationwide shortage that was exacerbated by the closure of formula maker Abbott Nutrition's plant in February after several inspections by the US Food and Drug Administration found "insanitary conditions." Chris Calamari, who leads Abbott's nutrition division, apologized for his company's role in the shortage Wednesday at a hearing before the House Energy and Commerce Subcommittee on Oversight and Investigation. "On behalf of everyone at Abbott, I want to express our extraordinary disappointment about the shortage. We are deeply, deeply sorry," Calamari said. Oh that’s alright Calamari, while our economy has been floundering, it’s good to know that we still have the money to send $40 billion to Ukraine right? Abbott said Tuesday that it plans to restart work at its Sturgis, Michigan, plant on June 4, with the first batches of new formula expected to be available to consumers on or around June 20. When the plant is up and running, it will be able to increase capacity by 40%, according to Calamari. On Wednesday, Calamari outlined Abbott's additional plans to boost supply by bringing in more formula on nearly 50 flights a week to 12 airports across the country. Abbott has also converted some of its manufacturing facilities to make formula and is working with US Department of Agriculture WIC agencies to make sure program participants get formula for free, Calamari said. "By the end of June, we expect we will be supplying more formula to Americans than we were in January, before the recall," he said. More formula from companies made overseas is scheduled to arrive in the coming days, according to US Health and Human Services Secretary Xavier Becerra. First lady Jill Biden and US Surgeon General Dr. Vivek Murthy were on hand to greet Wednesday's shipment. Home. It’s where you build your legacy. Where traditions are started, seeds are planted, meals are shared, stories are told. Home is where you prepare to go out into the world. Finding the home that’s perfect for your family is a big job. Story Real Estate is Moscow’s top real estate team. They give people real estate advice all over the country. Family homes, investments, land, new construction, or commercial— they know real estate. If you’ve thought about a move to Moscow or anywhere in the country, reach out to get connected with a Story Real Estate agent. Wherever you’re going, they can help guide you Home. Visit storyrealestate.com. United Airlines fires employee left bloodied after airport brawl with ex-NFL player Brendan Langley https://www.foxnews.com/sports/united-airlines-fires-employee-airport-brawl-nfl-brendan-langley The United Airlines worker that was left bloodied after getting into an altercation with former Denver Broncos cornerback Brendan Langley at Newark Liberty International Airport in New Jersey last week has been fired, according to the airline. A United Airlines rep told the New York Post on Tuesday that the employee, who has not since been identified, was terminated by the company after a video surfaced on social media showing him involved in a physical altercation with Langley on May 19. A two-minute-long video posted to Twitter shows the two men exchanging blows. The employee appears to fall over a baggage check-in desk before standing up with a bloodied face. He again approaches Langley before other employees step in to separate the two. Now… I don’t know if you guys had seen the video, but I’ve left a link in the show notes, where you can watch it and decide for yourselves… when I look at it, it looks as though the airport employee is really agging the NFL player on… Airport fight between United agent and ex-NFL player passenger goes viral The airline released a statement Monday condemning the incident. "United Airlines does not tolerate violence of any kind at our airports or on board our planes and we are working with local authorities to further investigate this matter." United Airlines… if we need the seating, you’ll get a beating. Speaking of fighting, Our Fight Laugh Feast Magazine is a quarterly issue that packs a punch like a 21 year Balvenie, no ice. We don’t water down our scotch, why would we water down our theology? Order a yearly subscription for yourself and then send a couple yearly subscriptions to your friends who have been drinking luke-warm evangelical cool-aid. Every quarter we promise quality food for the soul, wine for the heart, and some Red Bull for turning over tables. Our magazine will include cultural commentary, a Psalm of the quarter, recipes for feasting, laughter sprinkled through out the glossy pages, and more. Sign up for your annual subscription at: flfnetwork.com/product/fight-laugh-feast-magazine/ https://thehill.com/news/administration/3501051-biden-approval-rating-at-lowest-point-in-reuters-ipsos-polling/ Biden approval rating at lowest point in Reuters-Ipsos polling President Biden’s approval rating fell to 36 percent in a Reuters-Ipsos poll released Tuesday, marking its lowest point to date in that particular poll. The poll found Biden’s approval rating fell 6 percentage points from a week earlier, and it dropped from 76 percent to 72 percent among Democrats in that same span. The low point for Biden in the Reuters poll came less than a week after he hit a new low in the Associated Press poll, which found the president’s approval rating sat at 39 percent. Both polls reflect a consistent trend of Biden’s approval rating mired in the high 30 percent to low 40 percent range in recent months. Voters have consistently given Biden poor marks on his handling of the economy, which aides argue is strong despite persistent concerns about inflation. When confronted with bad polls, the White House has insisted its agenda benefits the American people and that officials must do a better job communicating that. This has been your CrossPolitic Daily News Brief… If you liked the show, share itm as that really helps grow our show… you know what else does? Becoming a club member. For just $10 a month, you could really help us build out a future TV Network, seeking to spread the glory of Jesus Christ abroad. Sign up at flfnetwork.com/membership. And as always, if you want to advertise on CrossPolitic. Email me at garrison@fightlaughfeast.com. For CrossPolitic news, I’m Garrison Hardie. Have a great day, and Lord bless.

This is Garrison Hardie with your CrossPolitic Daily News Brief for Thursday, May 26th, 2022. Have you signed up for our upcoming conference in Knoxville TN? Early bird pricing will end before you know it, and by the way, if you’re a club member, you’ll get $100 off, so sign up now, at flfnetwork.com/knoxville2022 I want to start your day off with some positive news… Birth rates, went up last year, for the first time in nearly a decade. https://nypost.com/2022/05/25/us-birth-rates-increased-in-2021-for-the-first-time-in-7-years/ Couples seemed to have been busy during the pandemic… and it makes sense… what else is there to do when you’re forced to stay inside by a tyrannical government? For the first time in seven years, birth rates in the United States increased – albeit by only 1%. The Centers for Disease Control and Prevention’s National Center for Health Statistics revealed there were 3,659,289 babies born in 2021, the first rise in births since 2014. Past years had seen a steady birth decrease of 2%, according to ABC News. The data comes after births dropped 4% — dubbed the “baby bust” — in 2020 during the pandemic. But now that society is bouncing back… if you can call it that… people are once again starting families. Mothers, ages 35 to 44, gave birth the most of any age group — with a nearly 3% increase — which comes after a trend of women hesitant about having children. In a state-by-state case, the Northeast region was amongst the boom of births. New Hampshire came out on top, with a 7% yearly birth-rate increase, trailed by Connecticut (6.5%), Vermont (5.2%) and New Jersey (5.09%). While only New Mexico saw a 1.9% percent fall and Hawaii only 1%, no other states saw a birth decrease greater than 1% from 2020 to 2021. While the CDC doesn’t list an explanation for the boom, some respondents in a Pew Research Center poll cited medical issues (19%) or not knowing the “state of the world” (9%) as reasons for not having more or any children. A New York University study released in September 2021 demonstrated a similar trend: Fewer women wanted children, all thanks to the pandemic… I’d also like to add that women this day and age, are being encouraged to pursue careers as opposed to becoming mothers… one of the most incredible miracles we witness in this day and age, is a woman’s ability to create life….. But then again, I’m no Biologist. In 2021, fertility rates were up. The number of live births per 1,000 women between 15 and 44 years of age was 56.6, an increase from 56 the year prior. While the total fertility rate was 1,663.5 births per 1,000 women, it still isn’t enough to reach “replacement levels,” or the level the population would need to essentially replace itself. According to ABC News, that number is 2,100 births per 1,000 women. Some more good news… teen pregnancies were down by 6%. Pregnancies amongst 15- to 17-year-olds decreased by 8% and those amongst ages 18 to 19 fell by 7%. Speaking of babies… More baby formula is heading to store shelves as early as this weekend https://www.cnn.com/2022/05/25/health/formula-supply/index.html From CNN, More baby formula is expected on store shelves as soon as this weekend through a variety of government efforts. On Wednesday, 60 tons of formula landed at Dulles International Airport in Washington from Ramstein Air Base in Germany, the second shipment from Europe as part of the Biden administration's Operation Fly Formula. That effort was started to address the nationwide shortage that was exacerbated by the closure of formula maker Abbott Nutrition's plant in February after several inspections by the US Food and Drug Administration found "insanitary conditions." Chris Calamari, who leads Abbott's nutrition division, apologized for his company's role in the shortage Wednesday at a hearing before the House Energy and Commerce Subcommittee on Oversight and Investigation. "On behalf of everyone at Abbott, I want to express our extraordinary disappointment about the shortage. We are deeply, deeply sorry," Calamari said. Oh that’s alright Calamari, while our economy has been floundering, it’s good to know that we still have the money to send $40 billion to Ukraine right? Abbott said Tuesday that it plans to restart work at its Sturgis, Michigan, plant on June 4, with the first batches of new formula expected to be available to consumers on or around June 20. When the plant is up and running, it will be able to increase capacity by 40%, according to Calamari. On Wednesday, Calamari outlined Abbott's additional plans to boost supply by bringing in more formula on nearly 50 flights a week to 12 airports across the country. Abbott has also converted some of its manufacturing facilities to make formula and is working with US Department of Agriculture WIC agencies to make sure program participants get formula for free, Calamari said. "By the end of June, we expect we will be supplying more formula to Americans than we were in January, before the recall," he said. More formula from companies made overseas is scheduled to arrive in the coming days, according to US Health and Human Services Secretary Xavier Becerra. First lady Jill Biden and US Surgeon General Dr. Vivek Murthy were on hand to greet Wednesday's shipment. Home. It’s where you build your legacy. Where traditions are started, seeds are planted, meals are shared, stories are told. Home is where you prepare to go out into the world. Finding the home that’s perfect for your family is a big job. Story Real Estate is Moscow’s top real estate team. They give people real estate advice all over the country. Family homes, investments, land, new construction, or commercial— they know real estate. If you’ve thought about a move to Moscow or anywhere in the country, reach out to get connected with a Story Real Estate agent. Wherever you’re going, they can help guide you Home. Visit storyrealestate.com. United Airlines fires employee left bloodied after airport brawl with ex-NFL player Brendan Langley https://www.foxnews.com/sports/united-airlines-fires-employee-airport-brawl-nfl-brendan-langley The United Airlines worker that was left bloodied after getting into an altercation with former Denver Broncos cornerback Brendan Langley at Newark Liberty International Airport in New Jersey last week has been fired, according to the airline. A United Airlines rep told the New York Post on Tuesday that the employee, who has not since been identified, was terminated by the company after a video surfaced on social media showing him involved in a physical altercation with Langley on May 19. A two-minute-long video posted to Twitter shows the two men exchanging blows. The employee appears to fall over a baggage check-in desk before standing up with a bloodied face. He again approaches Langley before other employees step in to separate the two. Now… I don’t know if you guys had seen the video, but I’ve left a link in the show notes, where you can watch it and decide for yourselves… when I look at it, it looks as though the airport employee is really agging the NFL player on… Airport fight between United agent and ex-NFL player passenger goes viral The airline released a statement Monday condemning the incident. "United Airlines does not tolerate violence of any kind at our airports or on board our planes and we are working with local authorities to further investigate this matter." United Airlines… if we need the seating, you’ll get a beating. Speaking of fighting, Our Fight Laugh Feast Magazine is a quarterly issue that packs a punch like a 21 year Balvenie, no ice. We don’t water down our scotch, why would we water down our theology? Order a yearly subscription for yourself and then send a couple yearly subscriptions to your friends who have been drinking luke-warm evangelical cool-aid. Every quarter we promise quality food for the soul, wine for the heart, and some Red Bull for turning over tables. Our magazine will include cultural commentary, a Psalm of the quarter, recipes for feasting, laughter sprinkled through out the glossy pages, and more. Sign up for your annual subscription at: flfnetwork.com/product/fight-laugh-feast-magazine/ https://thehill.com/news/administration/3501051-biden-approval-rating-at-lowest-point-in-reuters-ipsos-polling/ Biden approval rating at lowest point in Reuters-Ipsos polling President Biden’s approval rating fell to 36 percent in a Reuters-Ipsos poll released Tuesday, marking its lowest point to date in that particular poll. The poll found Biden’s approval rating fell 6 percentage points from a week earlier, and it dropped from 76 percent to 72 percent among Democrats in that same span. The low point for Biden in the Reuters poll came less than a week after he hit a new low in the Associated Press poll, which found the president’s approval rating sat at 39 percent. Both polls reflect a consistent trend of Biden’s approval rating mired in the high 30 percent to low 40 percent range in recent months. Voters have consistently given Biden poor marks on his handling of the economy, which aides argue is strong despite persistent concerns about inflation. When confronted with bad polls, the White House has insisted its agenda benefits the American people and that officials must do a better job communicating that. This has been your CrossPolitic Daily News Brief… If you liked the show, share itm as that really helps grow our show… you know what else does? Becoming a club member. For just $10 a month, you could really help us build out a future TV Network, seeking to spread the glory of Jesus Christ abroad. Sign up at flfnetwork.com/membership. And as always, if you want to advertise on CrossPolitic. Email me at garrison@fightlaughfeast.com. For CrossPolitic news, I’m Garrison Hardie. Have a great day, and Lord bless.

Are you writing for the sake of writing? Brad Kane generously shares the value of loving your craft, being passionate about what you're doing, establishing a path to success, and putting your voice out there. Lots of informative call-to-action pieces ahead!Key Takeaways from This EpisodeTransitioning from discovering one's passion to writing a bookThe value and benefits of networking Pitchfork Populism: A synopsisMarketing a book: Then and NowTips on how to get started with book writingResources Mentioned in This EpisodePrometheus BooksBookExpo AmericaSteven MitchellNancy RosenfeldRobert MuellerPost-Trump EraFresh AirAbout Brad KaneBradford R. Kane began his career in the US Congress as Legislative Counsel to U.S. Congresswoman Cardiss Collins; as Counsel to the House Energy and Commerce Subcommittee on Commerce, Consumer Protection; and as a member of President Clinton's Task Force on Health Care Reform. After that, he served the State of California as Deputy Controller, Legislation, and subsequently, a Deputy Secretary of Information Technology. Kane was a member of the Nielsen Media Research Task Force on Television Measurement; created the Bipartisan Bridge website (advancing bipartisanship in American government); was Vice President for Government Relations at a consulting firm; and developed environmental and economic equity initiatives.In the global arena, he was a Strategy Council member of the United Nations Global Alliance on ICT & Development, CEO of the International Commission on Workforce Development, and Director of Strategic Initiatives and Director of International Development at TechSoup Global. Kane also contributed a chapter to the book Dream of a Nation and posted many articles on The Huffington Post as a featured contributor. He received his undergraduate degree from the University of California, Davis, and his law degree from UC Hastings College of the Law.And he is the author of Pitchfork Populism: Ten Political Forces That Shaped an Election and Continue to Change America.Website: Pitchfork PopulismTwitter: @CitizenKaneBradLinkedIn: Bradford K.Brad's Book: Pitchfork Populism: Ten Political Forces That Shaped an Election and Continue to Change AmericaLove the show? Subscribe, rate, review, and share!Here's How » Join The Author's Corner Community today:Website: Robin ColucciLinkedIn: R Colucci, LLCFacebook: Robin ColucciTwitter: @Robin_ColucciRobin Colucci's Book: How to Write a Book That Sells You: Increase Your Credibility, Income, and Impact

Dr. Dina Velocci, president of AANA, speaks to U.S. Representative Jan Schakowsky (D-IL), Chairwoman of the House Committee on Energy and Commerce Subcommittee on Consumer Protection and Commerce, about some of the critical issues facing healthcare today.

Biden jokes about expanded fight with Russia: 'If I gotta go to war, I'm going with you guys' Biden tells union workers, 'This fight is far from over' https://www.foxnews.com/politics/biden-jokes-war-russia-ukraine-union-sanctions President Biden joked about the possibility of the Russian invasion of Ukraine to expand to directly involve the U.S. military on Wednesday, telling union workers, "If I gotta go to war, I'm going with you guys." Biden made the statement during an address to union workers at the North American Building Trades Unions legislative conference Wednesday. Biden opened his speech with a lengthy section addressing new sanctions against Russia. "This fight is far from over," Biden said. "Here's the point: This war could continue for a long time, but the United States will continue to stand with Ukraine and the Ukrainian people in their fight for freedom." "And by the way, if I gotta go to war I'm going with you guys. I mean it," he added. Biden's statement comes after months of he and other administration officials stating that the U.S. will not deploy troops to Ukraine. The U.S. military has limited its deployments to nearby NATO countries, and warned Russian President Vladimir Putin that invasion of one of those countries would mean direct war with the U.S. --------------------------- In fiery speech, Ukraine's Zelensky implores U.N. Security Council to hold Russia to account https://ca.news.yahoo.com/zelensky-address-security-council-renewed-115338286.html Ukrainian President Volodymyr Zelensky, in an impassioned address to the U.N. Security Council on Tuesday, likened perceived Russian atrocities in his homeland to Nazi war crimes, calling for Nuremberg-style tribunals to hold Moscow accountable. “They shot and killed women outside their houses. They killed entire families, adults and children, and they tried to burn the bodies,” Zelensky said in a video appearance before the Security Council, a day after an emotional visit to the ravaged town of Bucha, outside the capital, Kyiv. “They cut off limbs, slashed throats, raped women in front of their children," the Ukrainian leader said in his most forceful excoriation to date of the Russian invasion. In a perhaps risky strategy of sharply criticizing the body from which he is seeking help, Zelensky issued a stark challenge to world institutions such as the United Nations to make sweeping changes to the global security architecture, asking sardonically at one point: "Are you ready to close the U.N.?" “It is obvious that the key institutions of the world … simply cannot work effectively,” said the 44-year-old president, who has won worldwide accolades for presiding over his compatriots' fierce and sustained resistance to the Russian attempt to subjugate Ukraine. ----------------------------- Some hoped FDA approval of Pfizer's COVID vaccine would convince unvaccinated Americans. It didn't, study finds. But a study published Wednesday in JAMA Network Open found the shift from emergency use authorization of the vaccine to full approval did not sway unvaccinated Americans. Researchers from the University of Utah analyzed vaccination data from the Centers for Disease Control and Prevention starting July 25, a month before full FDA approval, to Sept. 9, the day before President Joe Biden made his vaccine mandate announcement. Using the vaccination rate leading up to full approval, they estimated how many doses would have been administered compared to the actual recorded number. Study authors found FDA approval was associated with an overall 36% increase in vaccinations, but most were second doses. First doses, they found, were 16% lower than predicted. Health experts are not surprised by the study's findings. “The reason why people get vaccinated has very little correlation with whether or not something is approved or an EUA,” said Dr. Jay W. Lee, a family physician and chief medical officer of Share Our Selves community health center in Orange County, California, who is not affiliated with the study. ---------------------------- Anti-vaccine beliefs come from a childhood of mistrust, study claims Are recent politics really to blame for the widespread resistance to the COVID-19 vaccine? A new study suggests that the real answer may go much deeper than people think. Researchers from Duke University say the passionate opposition to vaccinations and policies like mask mandates can trace its roots back all the way to a person's childhood. Their study claims that growing up in an atmosphere of mistrust leads to these attitudes later in life. “We had so many friends and family who initially said that the pandemic was a hoax, and then refused to wear a mask or social-distance, and kept singing in the choir and attending events,” says study senior author Terrie Moffitt in a university release. “And then when the vaccines came along, they said ‘over their dead bodies,' they would certainly not get them,” adds Moffitt, Duke's Nannerl O. Keohane University Distinguished Professor of Psychology & Neuroscience. “These beliefs seem to be very passionate and deeply held, and close to the bone. So we wanted to know where they came from.” ‘Don't trust the grownups' Researchers used data from the Dunedin Multidisciplinary Health and Development Study, which has been tracking nearly all of the 1,000 people born between 1972 and 1973 from a single town in New Zealand. Researchers have been measuring each person's social, psychological, and health factors since childhood — giving scientists insights into how these early years impact adulthood. Study authors conducted a special survey of the group in 2021 to examine each participant's stance on the COVID-19 vaccine before the shots became available in the country. The team then matched each person's responses to the records on their upbringing and personality over the years. Results show that, 40 years ago, respondents who are now vaccine-resistant or express vaccine hesitancy had more adverse childhood experiences than others. These include incidents of abuse, neglect, threats, and other hardships such as poverty. -------------------------- Democrats Interrogate Oil Executives About "America's Pain At The Pump" As public opinion poll after public opinion poll has confirmed, surging gas prices is one of the most controversial issues in the US. As President Biden made clear when he announced his plans to release 180 million barrels from the Strategic Petroleum Reserve, Democrats are doing everything they can to try and blame rising prices on President Putin and the American energy industry (which Biden accused of greedily holding back on production, even though his own energy policies have made it harder for shale producers to do so). So, in their latest attempt to blame the spike in prices on evil corporate America, Democrats on the House Energy and Commerce Subcommittee on Oversight and Investigations are holding a hearing on Wednesday, where they will interrogate the CEOs of Exxon Mobil, Chevron, BP America, Shell USA, Devon Energy Corp and Pioneer about the dynamics driving the surge in prices at the pump. The title of the hearing tells one everything they need to know about the overall tone: "Gouged At The Gas Station: Big Oil And America's Pain At The Pump". In testimony submitted to the subcommittee, the oil executives explained that a combination of labor and supply shortages have stopped their companies from raising output back to pre-pandemic levels, while the price of oil and gas are largely determined by international market conditions beyond their control. Of course, this reasoning was apparently lost on the Democrats. In an interview with Reuters, Democrat members of the committee are already sharpening their knives. "We will not sit back and allow the fossil fuel industry to take advantage of the American people and gouge them at the pump," Diana DeGette, a Democrat and chair of the subcommittee, said about the hearing at which executives from Exxon Mobil, Chevron, BP America, Shell USA , Devon Energy and Pioneer will testify. "We want to know what's causing these record-high prices and what needs to be done to bring them down immediately," she said. Many Democrats have complained that oil companies have made record profits while consumers face high prices. In addition to the executives, former Trump Administration National Security Advisor HR McMaster, now a senior fellow at Stanford's Hoover Institute, will also participate. ----------------------- FEATURED GUEST NEW BOOK from #1 Nationally Bestselling Author: The Dancer and The Devil April 6, 2022, Washington, D.C.—Communism must kill what it cannot control. So, for a century, it has killed artists, writers, musicians, and even dancers. It kills them secretly, using bioweapons and poison to escape accountability. Among its victims was Anna Pavlova, history's greatest dancer, who was said to have God-given wings and feet that never touched the ground. But she defied Stalin, and for that she had to die. Her sudden death in Paris in 1931 was a mystery until now. The Dancer and the Devil: Stalin, Pavlova, and the Road to the Great Pandemic by nationally bestselling author John O'Neill and international lawyer Sarah Wynne traces Marxism's century-long fascination with bioweapons, from the Soviets' leak of pneumonic plague in 1939 that nearly killed Stalin to leaks of anthrax at Kiev in 1972 and Yekaterinburg in 1979; from the leak of a flu in northeast China in 1977 that killed millions to the catastrophic COVID-19 leak from biolabs in Wuhan, China. Marxism's dark past must not be a parent to the world's dark future. COMMUNIST CHINA PLAYED WITH FIRE AND THE WORLD IS BURNING Nearly ten million people have died so far from the mysterious COVID-19 virus. These dead follow a long line of thousands of other brave souls stretching back nearly a century who also suffered mysterious "natural" deaths, including dancers, writers, saints, and heroes. These honored dead should not be forgotten by an amnesiac government trying to avoid the inconvenient truth. The dead and those who remember and loved them deserve answers to two great questions. How? Why? The Dancer and the Devil answers these questions. It tracks a century of Soviet and then Chinese Communist poisons and bioweapons through their development and intentional use on talented artists and heroes like Anna Pavlova, Maxim Gorky, Raoul Wallenberg, and Alexei Navalny. It then tracks leaks of bioweapons beginning in Saratov, Russia, in 1939 and Soviet Yekaterinburg in 1979 through Chinese leaks concluding with the recent concealed leak of the manufactured bioweapon COVID-19 from the military lab in Wuhan, China. Stalin, Putin, and Xi, perpetrators of these vast crimes against humanity itself, should not be allowed to escape responsibility. This book assembles the facts on these cowardly murderers, calling them to account for their heartless crimes against man culminating in COVID-19.

Bloomberg Washington Correspondent Joe Mathieu delivers insight and analysis on the latest headlines from the White House and Capitol Hill, including conversations with influential lawmakers and key figures in politics and policy. Joe Mathieu spoke with Senator Tina Smith, (D-MN), Robert McNally, Founder & President of Rapidian Energy, Bloomberg Politics Contributor Jeanne Sheehan Zaino, and Greta Joynes, Republican Strategist, co-chair of Brownstein Hyatt Farber Schreck's technology and telecommunications practice, Former-House Energy and Commerce Subcommittee. Learn more about your ad-choices at https://www.iheartpodcastnetwork.com

Carol A. Bernstein, MD is a Professor of Psychiatry and Behavioral Sciences and Obstetrics and Gynecology and Women's Health at the Montefiore Medical Center and the Albert Einstein College of Medicine.  She is also a Senior Scholar in the Department of Education and Organizational Development for the Accreditation Council for Graduate Medical Education a member of the National Academy of Medicine's Action Collaborative on Clinician Wellbeing and a Past President of the American Psychiatric Association. J. Corey Feist, JD, MBA is a health care executive with over 20 years of experience. Corey is the Co-Founder of the Dr. Lorna Breen Heroes' Foundation and Corey currently serves as the Chief Executive Officer of the University of Virginia Physicians Group, the medical group practice of UVA Health comprised of 1200+ physicians and advanced practice providers. Corey also holds an adjunct faculty appointment at the UVA Darden School of Business where he recently taught a course entitled “Managing in a Pandemic: The Challenge of COVID-19″. Corey is also the Chair of the Board of the Charlottesville Free Clinic. Corey holds his Masters in Business Administration from the UVA Darden School of Business, his Juris Doctorate from Penn State Dickinson School of Law and his Bachelors degree from Hamilton College The Dr. Lorna Breen Health Care Provider Protection Act, (S. 610  and HR 1667) which unanimously passed the US Senate on August 6, 2021, the Health subcommittee of the House Energy and Commerce Committee on October 26, 2021 and the full Energy and Commerce Committee on November 17, 2021 aims to reduce and prevent suicide, burnout, and mental and behavioral health conditions among health care professionals. Health care professionals have long experienced high levels of stress and burnout, and COVID-19 has only exacerbated the problem. While helping their patients fight for their lives, many health care professionals are coping with their own trauma of losing patients and colleagues and fear for their own health and safety. This bill helps promote mental and behavioral health among those working on the frontlines of the pandemic. It also supports suicide and burnout prevention training in health professional training programs and increases awareness and education about suicide and mental health concerns among health care professionals.Further reading: https://www.congress.gov/bill/117th-congress/senate-bill/610?q=%7B%22search%22%3A%5B%22S.+610%22%5D%7D&s=1&r=1 https://drlornabreen.org/about-the-legislation/ A Key Differential Diagnosis for Physicians-Major Depression or Burnout? Transcript: SUMMARY KEYWORDSstigma, people, burnout, talk, lorna breen, mental health, physicians, psychiatrist, mental health services, depression, burn out, challenges, medicine, feel, healthcare professionals, heard, licensure SPEAKERSResa Lewiss, Corey Feist, Carol Bernstein  Carol Bernstein. 00:02We really are a long way from where we were. You may know that in 2003, the AMA brought together a panel of experts and issued a consensus statement on physician well being and said this was a big problem and that physician mental health needed to be prioritized and it went nowhere. But we are at a different point in time. And this is about seize the moment.  Resa Lewiss  00:54Hi, audience. Thanks so much for joining me. In today's episode, we are going to speaking about health care, professional mental health, suicide prevention, burnout, depression in all sorts of things in the healthcare professional world. I'm going to start framing the episode by reading you a little blurb from the Dr. Lorna Breen heroes Foundation website. Healthcare professionals have long experienced high levels of stress and burnout and COVID-19 has only exacerbated the problem. While helping their patients fight for their lives. Many healthcare professionals are coping with their own trauma of losing patients and colleagues in fear for their own health and safety. So with that, as a start, you're going to hear a lot about stigma, the stigma surrounding mental health talking about mental health seeking help for mental health. My two guests are Dr. Carol Bernstein, and attorney Corey Feist. Carol is a psychiatrist. She's a Professor of Psychiatry and Behavioral Sciences and obstetrics and gynecology and Women's Health at the Montefiore Medical Center and the Albert Einstein College of Medicine in the Bronx. She is also the past president of the American Psychiatric Association. Attorney Corey Feist is a healthcare executive. He's the co founder of the Dr. Lorna brain heroes foundation. He's the brother in law of Dr. Lorna Breen. And he currently serves as the chief executive officer of the University of Virginia Physicians Group. Now, the topic is serious, and it can be triggering for some of you. If at any point, you want to take a break, take a pause, turn off the episode, please do so. And now, let's get to the conversation. When we start, Carol is talking about physician suicides in New York City, and how that was a pivotal moment for talking about health care, professional mental health. Here we go. Carol Bernstein  02:40In 2014, there were two interns who died by suicide in New York City wasn't someone at my institution, but I knew colleagues of the people who were involved. And at the time, I was sitting on the ACGME board of directors. And at our September 2014 board meeting, we had an extensive conversation about what was going on. And as I was listening, and I happened to be the only psychiatrist in the room at the at that time, I'm listening and I'm thinking, oh my goodness, if we can get doctors to look inward at themselves, they'll do a much better job at looking outward at the mental health issues that affect our patients. And that was the stimulus for me. I mean, I'd been involved in graduate medical education my whole career. But depression and suicide per se, had not been an overt interest of mine, although clearly the well being of my trainees had been very important to me throughout my career. But that was the driver. And that was really the kickstart because our we set up a task force at the ACGME that I co chaired with Tim Brigham. And that was really the stepping stone for what subsequently became the action collaborative at the National Academy of Medicine, the action Collaborative on clinician well being, and all of a sudden, I found myself really, really invested in that, particularly because my passion throughout my life has been making good physicians. And if we have physicians who are burned out depressed, anxious, miserable, for whatever reasons, they're not going to be able to give good care to our patients to say nothing of their own lives. Resa Lewiss  04:27Cory You come to the conversation wearing many hats. Why don't we jump right in: Update the audience on the Dr Lorna Breen heroes Foundation, and most recently the health care provider Protection Act. Corey Feist  04:41So Resa, thank you so much for having me today and thanks for having me back. This is this past year we have done so many podcasts and speaking engagements, but this is the first one I've been invited back to so it's really a pleasure to be here with you today. The last 20 months of the Dr Lorna Breenheroes Foundation have been incredibly fruitful in terms of making an impact in the areas of awareness, advocacy, and education of the challenges that the healthcare workforce has right now. In the past 20 months, and since we talked 12 months, we have now reached over 150 million people with the story we've published in the last year, six additional national publications, including an academic publication on physician suicide. We've launched a website called NPSA.org, which is now stands for National physician suicide awareness day.org, which is chock full of resources for hospitals and institutions. We have now been published over 300 articles that all accumulate to the 100 and 50 million people that we've reached. More importantly, though, we have heard from countless physicians, family members of physicians, nurses, family members of nurses about the impact of this storytelling and how the behavior change is followed. In addition to that, we have heard from mental health professionals who have commented about how important it was for us to share the information about Dr. Breen's concerns with regard to her license stigma so that they could pick it up in the language that their physician patients were sharing. weave in. So in that way, we've heard from many that that this work has been life saving, and enabled others to take care of each other. Advocacy has been something that we have spent a tremendous amount of time in as well. The Dr. Lorna Breen, healthcare provider Protection Act unanimously passed the Senate. The House of Representatives currently is voting on the legislation, it unanimously passed the House Energy and Commerce Subcommittee on Health, it is about to be voted on by the full Energy and Commerce Committee. And then the full committee, I'm sorry, the full House of Representatives, we will have law by the end of the calendar year. And on top of that, because the many of the grant provisions in this new law were already funded in the American rescue plan, which was in the spring, a really early late winter, early spring of 2021. HERSA is already allocating the dollars associated with the Lorna Breen act. So we've made tremendous progress there. I'll end by saying our advocacy work has also extended to states hospitals. On the September 9, we published an article in US News and World Report, which identifies six barriers to stigma. So I'll pause there by saying that we have spent a lot of time and advocacy and awareness. At some point in this podcast. I also get to tell you about our educational work, too, because it's cascading the country. Resa Lewiss  08:14Carol, you have been shaking your head, agreeing, knowing thinking, What is your reflection? Carol Bernstein  08:21Well, first of all, I want to thank both of you both Resa for inviting me and Cory to this podcast and for all of the work that you've both done in educating the general population about these challenges. Certainly, they've been true forever. Cory, I'm really sorry, for the loss that your family experienced. I think it is amazing that you've been able to grab this and use it and turn it into something that from what I've heard about your sister in law, she would be so proud of that you've been able to take it and move it into something that's meaningful and productive for everyone. And that will help not only other doctors, but all of our patients as well. This stigma there, the annual meeting of the American Psychiatric Association always has a theme. Usually it's a whole lot of words like you hear in a strategic planning mission. The one the one Sentinel word that I ever heard to describe a meeting somebody theme was a psychiatrist named Paul Fink in the 90s. And his theme was overcoming stigma. That is the only that is the only language that I remember from all of the American Psychiatric Association meetings that I ever went to for a theme to show you how long it's certainly been around. It's been around much longer than that. I mean, the stigmatization against mental illness is endemic for millennia. You know, people were always sequestered and hidden and it was shameful. It even took me Most of my career to talk openly about my mother's bipolar illness, and I was president of the American Psychiatric Association, and still never thought to make a public statement about that, because everybody's been impacted in one way or another by some family member who has struggled with a psychiatric illness. And given the macho tradition and culture in medicine. You know, it's certainly been hidden and shameful, and a real problem for those of us in the medical profession as it has been throughout the country for everyone. And I think if we can see people that we admire, and respect and look up to talk openly about the challenges that they have faced, that that will make a difference, and will make it possible for all of us to be more tolerant of each other and to help each other out, which is something that I think, sadly, we've lost in the country in general, and that the COVID pandemic has clearly made much worse. Resa Lewiss  11:04Rather than talking about the stigma of the past, let's talk about the stigma that is still present today, because I just recorded an episode on gun violence with the Chair of trauma surgery at the University of Chicago, and a former emergency medicine chief medical officer, and everybody who's saying yes, like physician should get treatment. Yes, physicians should address their mental health. It's very important for trainees. I think we're hearing people say that more people in leadership position, but I don't know how people feel they can really actualize it because of the stigma that still exists. So Carol, I'm wondering if you can address that. And Cory, please weigh in on what you've learned your thoughts. Carol Bernstein 11:45Well, you're completely right Resa. And I can't even tell you the stories that all of us in psychiatry have heard, which is, if you're a good student, they say to you what, why are you going into psychiatry, you should be going into XYZ. I mean, the good news is, as stigma against about mental illness is reducing, and it's very different now than when I finished medical school, more and more, that we were seeing a huge uptick in the number of students selecting psychiatry as a career. So that's really the very good news. But I think that people are ashamed, you know, we doctors feel very strongly about having to be the best do the best jump through hoops in order to go to medical school, and we are used to succeeding. And when we can't succeed, the shame and embarrassment, and, you know, just feeling really awful is quite profound. And so I think that that's contributory. And the fact that applications for licensure is you know, for credentialing. And I'll tell you, if we have time a little later, I'll talk about a very neat initiative that may come through the AMA House of Delegates, but there are stigmatizing questions on licensure examinations, they question questionnaires, they say, Have you ever been treated for a psychiatric illness? They don't say, Have you ever seen your general practitioner? So it's embedded in our culture, that mental illness seeking help for depression, for anxiety, for suicidal thinking, that all of that is something to be ashamed of, and to be hidden? And that we should know, just pull up your bootstraps? Don't ask for help. It's not okay. And that's through our families through our culture, through the population in general. Corey Feist  13:38I would add three, three points to that. The first is like any, any change initiative starts from the top and then maybe at the bottom, the behavior has to be modeled, right. So the more that we can get the frankly the senior physicians to start talking about their experiences, because I will tell you since the New York Times, first article on Dr. Breen's passing the day after she died, I have heard from more senior physicians about their personal private struggles, then, then about any other group that we've heard from other than their families. And so the more that we can get those at the top of that hierarchy, which is in that hierarchy and medicine, speaking, and then modeling the behavior would be is is one critical piece. The second I would say is that the expectation of our learners about the environment that they're going to mature into is very different. They have different expectations, and this has been evolving. I've been in healthcare over 20 years and I've heard about the evolution of, you know, work life balance and the demands by the future Gen. But I do think that particular to mental health, the expectations, and the openness, which this generation that is coming up is speaks about their mental health is a little different, is a little different. The third thing I would say, and this is to Carol's point, and this was the article that we published in US News and World Report, we found these six areas where stigma is, is really institutionalized or incorporated into questionnaires. It's incorporated into the medical plan, design of map of the medical plan that you have as a doctor at a hospital where it requires you to use the same services of your hospital. But when it comes to mental health, that just reinforces stigma. We've heard about it when it comes to your mental health medical records, being able to be subpoenaed in a malpractice case that you're a defendant. So then there's and then there's the credentialing and the licensure and all the questions. And one of the things that we've done, though, and I truly, I've heard that, that this is already making an impact is just to ask hospitals to publish for their own what the current state is in your hospital. In New York, you're in New York, does licensure require disclosure in New York? It does not. And I know that because Dr. Breen was convinced it did. She was convinced beyond any doubt that by obtaining mental health treatment for the first and only time in her life, that she was going to lose her license. So for us, this is personal. But just by publishing a report card to those who you work with, you know, knowledge is powered in this case, it can it really, it can allow folks to obtain, you know, it removes a barrier to obtaining access to mental health care that otherwise, otherwise would, you know, would be there, absent that knowledge. So, so those are the three points that I would make, I'm totally in agreement on the stigma thing. I'm also very, I would just say hopeful that where we are now, and maybe some of the some of the silver lining of the pandemic, is, I don't know anybody who doesn't have a mental health challenge right now for the pandemic, regardless of your walk of life. And so maybe just maybe it comes becomes part of the common conversation more common than it was before? Carol Bernstein  17:32Well, I'm, I'm hoping this is a tipping point, I actually thought before COVID That we were at a tipping point, because of all the changes in medicine, I wanted to make at least one other point, which is, and it relates obliquely, to the stigma thing. And by the way, just so everyone knows that the Federation of State medical boards published a template for what the question should be on licensure exams that are not stigmatizing. And in many states who had stigmatizing questions have changed their licensure requirements. So that's really important. And Cory, you're absolutely right about New York, there isn't a single stigmatizing question on our licensure application. I do want to say that reimbursement for mental health services from Medicare for Medicaid from our commercial insurance companies is abysmal. A GI Doc can do a colonoscopy that takes them 10 minutes, I'm making up the numbers gets $3,000 to do it, and we get $100 for spending 45 minutes with a patient. So stigma really impacts directly the access to care issues, which is another part of the problem. It's not just the stigma. It's having people available, who can provide the mental health services and we don't have enough. And part of the reason that we don't have enough is because the system the system that we live in, believes that it's more appropriate to reimburse for cardiology procedure than it is for a mental health service. Resa Lewiss  19:08Yeah. You mentioned about something coming through the AMA House of Delegates. Carol Bernstein  19:13Well, I'm very, I was very excited about this, because it's in a teeny little way, it may be a way to address some of the stigma issues. So now that we've conquered licensure, which I think we have, now it moves into credentialing. And if you look at your own our own institutions, there are still stigmatizing questions on the credentialing applications. And I think I hope it makes its way through the AMA house of delegates that Kim Templeton at the University of Kansas is pushing forward a resolution that would say to Jayco to CMS, that you will ding hospital systems that have discriminatory questions on their credentialing applications. So it's not even saying it's taking the regulatory advice. MIT and turning it on its head and say, you're going to get dinged, you're not going to get payment, you're going to get a problem if you continue to have stigmatizing questions on your credentialing applications. And I think that's a big way to start to make change where it has to happen, besides the amazing, incredible advocacy work that Corey has been able to do with Congress, which is astonishing to me, and thank you. Corey Feist  20:27It's my pleasure Carol truly is. Resa Lewiss  20:31So Carol, before the show, I typed your name into PubMed, and I looked at that on what you've published, and a few titles caught my attention. One specifically was the differential diagnosis between major depression and burnout among physicians and can you walk Resa Cory and the audience through these distinctions? Carol Bernstein  20:54Well, thank you very much for that Resa. I in several of my colleagues, I think that piece I wrote with Laurel Mayer and Maria Oquendo. And Maria happens to be the chair at Penn Laurel runs the resident mental health services at Columbia. And she was directly involved after Dr. Breen's untimely death. So we've talked a lot about what that means. And what's important is that the symptomatology can be similar what you feel when you're depressed, sad, apathetic, isolated, no energy, loss of interest, loss of appetite, difficulty sleeping, all of those symptoms you can be experiencing when you're burned out. But at least from you know, we talk about burnout as being a response to the environment. And it's kind of a simple way to make a distinction, but usually burnout will respond to rest time away, time with friends, colleagues, and you'll feel better, and we don't know yet that it responds to any depressant medication. And, and it is the response to systems are better at issue, not your own personal physiology, which may contribute to depression. Depression, on the other hand, can look the same. But if you're feeling depressed, no matter what you do, or where you go, you're still going to feel terrible. And what's really important to distinguish between the two is that burnout looks to the system for the solution. And depression looks to mental health for the solution. Now, there it is a Venn diagram, there is an interface, but you don't want to be saying to somebody who's depressed, oh, we just have to adjust the regulatory environment in the hospital. Conversely, you don't want to be saying to somebody who's burned out, go see a psychiatrist. So we want to be as careful as we can and understanding what the differences are. And that the two can work synergistically. People who are depressed can be experiencing burnout worse, and people who are burned out, can if they're susceptible, if they have a, what we call a diathesis. for depression, they can get depressed, given the circumstances. Resa Lewiss  23:15You said something about if someone is burnt out, you don't want to send them to a psychiatrist. Can you just clarify that a bit? Carol Bernstein  23:21Well, I'm talking in in a purely linear fashion, I'm very much about for burnout, trying to look at systemic solutions, and not putting the onus on the individual to feel better, which is, which is why I say that. But of course, if you're burned out, seeking mental health treatment may help you find some individual solutions to the situation since we know that systemic change is very hard to manage. We need efforts like the one Cory has initiated with Congress to really do it on a large scale, and what's happening with the National Academy. But so I don't want to say you shouldn't go to see a psychiatrist. I'm just saying, we want to be sure a not to miss depression, when it's really happening, and get treatment for people who need it. And if people are burned out not to forget that the bigger issue here is the system, and that we don't want to put the onus on the individual to fix it. Resa Lewiss  24:20Yeah. Thanks for that clarification. Go ahead, Cory. Corey Feist  24:22Yeah, I'd like to reinforce with what Carol just said there, because if I've heard from one doctor, I've heard from probably 1000, that when it comes to burnout, we don't need more meditation apps. That is That is literally a quote I have heard hundreds of times and let me be clear, I love meditation apps. I meditate all the time. I learned about meditation when I went back to business school and it was very stressful. So it is definitely very effective. But to Carol's point, and this is the big challenge that the entire healthcare industry has here is that it is found itself in a in a position where it The way that healthcare delivery is designed, burns out right now 55% of the workforce. And that is not a sustainable delivery system. So we have to redesign the coal mine. And what I've heard from those physicians and nurses who have said, If you give me another meditation app, I'm going to shove it right back in your face is redesigned my workplace so I can do my job. So I can thrive. So I can feel valued, by shifting by telling me that I just need to go get a meditation app, or do yoga, or even take the day off, what you're telling me is, this is my problem to solve. And you have abdicated or in some ways, just put a bandaid on the solution. And that's where I think we've got to do both we absolutely because right now the workforce is really, really struggling. And so we've got to give them interventions right now to support them in whatever that that fashion. But our longer term play, or I should say, maybe our intermediate and longer term play is gonna be to redesign this so that we prevent these in the future. Carol Bernstein  26:08And just to add completely, completely agree with Corey, that the challenge that we have is that the individual solutions are the easier ones to talk about. It is much harder to say no. I mean, I like the idea of Chief wellness officers, sorry, one person is not going to fix the system. We need an army of people. And they're different. They're different in different specialties. The challenges, they're different in different workplaces. They're different for different disciplines, nurses have certain challenges, physicians have others. The Transport Workers have others. I mean, there are multiple layers to this, that all require targeted solutions at on a systemic level. But people get so overwhelmed by that, that they say okay, here's another meditation and I'm like, No, I'm, I'm sorry, I haven't managed to do meditation yet. i People say would probably help. It probably would. But I'm very much about the system. And I'm about linking mental health services and adequate good accessible services to the system for the people who need it. Resa Lewiss  27:23People that still feel a stigma yet want to reach out and seek services, the surfaces that Corey referred to that sort of went unfilled, you know, the free therapy that was available throughout the pandemic. How would you help people and encourage them? Carol Bernstein  27:42Well, first of all, I think it's getting better. I think people are more will as we talk about it. And the narratives, the stories hearing about Dr. Breen hearing about our own struggles as people, people we respect and look up to, I mean, I remember even when Victor Dzau at one of the National Academy meetings, talked about wanting to change specialties, and how demoralized he felt in the work he was doing to a room of 4000 people, this very powerful person, admitting that he had struggled, that's huge. So that's a big way that we can do it. But it's still challenging. I mean, people, I feel that some of the future for my field is working alongside our colleagues in emergency medicine, and in medicine, and in surgery, so that we can sort of whisper in your ears, because people still feel shamed and embarrassed about going to see a psychiatrist. So it's getting better, though it really is. Corey Feist  28:45One of my hypothesis, Carol, and this is backed by the data from the American Medical Association's coping with COVID-19 survey, is that because of the stigma, many physicians would feel more comfortable in a peer support type of model. So it'd be helped me understand a little bit about your thoughts on whether a peer support model would be at least an intermediate step along that spectrum. Carol Bernstein  29:09It's not just intermediate, Cory, actually, thank you for asking the question. Because I have become increasingly interested and intrigued by the concept of peer support. I think that that's useful again, in any field, not I mean, law, okay. You're a lawyer, right? I think teachers I think all of us you know, when we're especially you truck drivers, whomever, you know, that we gain a lot from connecting to our peers. And as I don't think that most people in health care are going to need to be referred to psychiatrists or mental, other mental health professionals because of their burnout. But I think to the extent that we can connect with each other, and have peer support that that's wonderful, and I know that the Health and Hospitals Corporation in New York City really rolled out a huge initiative to try to develop programs that would enable people who are interested in having peer support, whether it was someone in your discipline someone of your age, someone older, someone in a different site. So yes, and yes, and yes, I think that I don't think it's just intermediate. I think that that is a potential solution, that that will be very helpful, both in the short term and the long term. Resa Lewiss  30:30Amazing. Now I knew Carol had expertise but I actually didn't understand that breadth and the depth of her expertise until doing some background reading and research for the show, and having her join for this conversation. I'm deeply appreciative that there are healthcare professionals focused on dealing with the health of healthcare professionals. Amazing work by both Cory and Jennifer of the Dr. Loner Breen heroes Foundation. They have been tireless in what they're doing and it's amazing to see how they have moved the needle. Coming up, we have some episodes on Health Design, which is one of my favorite topics on which to speak. And I have a conversation that's been pending with Dr. Aletha Maybank. Stay tuned, and we'll see you next week. 

After a brief hiatus, The Wireless Water Cooler, a podcast hosted by Inside Towers Managing Editor, Jim Fryer, and WIA President and CEO Jonathan Adelstein, restocked and met with Congressman Bob Latta (R-OH). Latta is the Ranking Member of the Energy and Commerce Subcommittee on Communications and Technology and has prioritized innovation in the telecommunications industry while pushing for increased access and deployment of high-speed broadband. He was first elected in 2007 to the same northwestern Ohio district his father once held for 30 years. Listen in on this candid half-hour conversation with the Congressman as he discusses his work on the Energy and Commerce Committee, where he and his colleagues introduced a comprehensive package of 28 bills aimed at improving the digital divide. Latta discusses how important it is to reduce unnecessary barriers to build out and to streamline siting. The recent actions by the FAA to delay the rollout of C-band was also on the agenda and the Congressman spoke frankly about actions that may be necessary to expedite the process. Support the show (https://insidetowers.com/subscription/)

The first segment in this episode is a conversation with Congresswoman https://schakowsky.house.gov/ (Jan Schakowsky), a Democrat representing Illinois' 9th district. Representative Schakowsky serves as Senior Chief Deputy Whip and Chair of the Consumer Protection and Commerce Subcommittee of the House Energy and Commerce Committee, which has called the tech CEOs to testify in recent months and introduced proposed legislation.  The second is a discussion on the threat of big tech and disinformation to social movements that took place recently at NetRootsNation, conference for progressive organizers. It is hosted by http://melissaryan.net/ (Melissa Ryan), a Tech Policy Press masthead member and author of the https://actionnetwork.org/forms/subscribe-to-ctrl-alt-right-delete/ (Ctrl Alt-Right Delete), a newsletter that covers extremism that has grown to more than 15,000 weekly readers. Melissa uses her expertise to help people, policymakers and institutions combat online extremism and toxicity as the CEO of her firm, CARD Strategies. At NetRoots Nation, Melissa organized a https://www.netrootsnation.org/nn_events/nn21/the-threat-of-big-tech-and-disinformation-to-social-movements/ (panel of activists) to discuss how platform power and disinformation affected their communities in 2020, and how they plan to fight it in 2021 and beyond. They include https://twitter.com/bridgetmarie (Bridget Todd), who drives feminist cultural & political change at UltraViolet; https://twitter.com/brennansuen (Brennan Suen), a senior strategist at Media Matters, which tracks right wing disinformation; and https://twitter.com/michaelkhoo?lang=en (Michael Khoo), the Co-chair of the Climate Disinformation Coalition at Friends of the Earth and CO-CEO of Upshift strategies.

The Verge - Everything you need to know from the Facebook whistleblower hearing: https://www.theverge.com/2021/10/5/22710539/facebook-whistleblower-hearing-instagram-child-safety-congress NBC News - Facebook Whistleblower tells Congress the Social Network "is accountable to no one" - https://www.nbcnews.com/politics/congress/facebook-whistleblower-tell-congress-social-network-accountable-no-one-n1280786 My latest carousel - Parents Being Cautious with Teens on Instagram: https://www.instagram.com/p/CUubMCirrz3/ Leave a Review: https://alxa.me/insta Support the Show: https://buymeacoffee.com/igstories --- Send in a voice message: https://anchor.fm/danielhillmedia/message

The Verge - Everything you need to know from the Facebook whistleblower hearing: https://www.theverge.com/2021/10/5/22710539/facebook-whistleblower-hearing-instagram-child-safety-congress NBC News - Facebook Whistleblower tells Congress the Social Network "is accountable to no one" - https://www.nbcnews.com/politics/congress/facebook-whistleblower-tell-congress-social-network-accountable-no-one-n1280786 My latest carousel - Parents Being Cautious with Teens on Instagram: https://www.instagram.com/p/CUubMCirrz3/ Leave a Review: https://alxa.me/insta Support the Show: https://buymeacoffee.com/igstories

Our anchors have been tracking Facebook's fallout since The Wall Street Journal published a series of articles “The Facebook Files,” detailing that Facebook knows it causes harm through its platforms. The reports were based on documents provided by whistleblower and Former Facebook Product Manager Frances Haugen who revealed her identity Sunday night on “60 Minutes.” Today, Haugen testifies before the Senate Commerce subcommittee on consumer protection following last week's testimony by Facebook Global Head of Safety Antigone Davis. Tune in to hear our anchors' coverage of the hearing and reactions from The Verge Editor-in-Chief Nilay Patel, Arjuna Capital Managing Partner Natasha Lamb and The New York Times Tech Correspondent Mike Isaac.

In this edition of the Communicators, Energy & Commerce Subcommittee on Communications & Technology Ranking Member, Rep. Bob Latta (R-OH), discusses tech issues facing Congress, including data privacy, and social media regulation. Learn more about your ad choices. Visit megaphone.fm/adchoices

In mid-February 2021, a not-as-rare-as-it-used-to-be winter storm swept across the country, causing massive power outages in the state of Texas with deadly consequences. In this episode, hear the highlights of the congressional investigation into the causes of the extended power outages. They were foreseeable, and in fact foreseen, and similar power outages can be prevented; the only question is whether they will be. Please Support Congressional Dish – Quick Links Click here to contribute monthly or a lump sum via PayPal Click here to support Congressional Dish via Patreon (donations per episode) Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank’s online bill pay function to mail contributions to: 5753 Hwy 85 North, Number 4576, Crestview, FL 32536 Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Recommended Podcast/YouTube Episodes 100 Days of Biden w/ David Dayen & Jennifer Briney Bad Faith Podcast with Briahna Joy Gray and Virgil Texas.  Articles/Documents Article: Report: Bulk of February power plant outages 'weather related' amid historic Texas freeze, By Bob Sechler, Austin American Statesman, April 6, 2021 Article: Why Texas was not prepared for Winter Storm Uri, By Kara Norton, PBS, March 25, 2021 Article: Texas power grid CEO Bill Magness getting fired in wake of deadly blackouts, CBS, March 4, 2021 Article: ERCOT CEO Refuses $800K Payout Following Firing, By Jaclyn Diaz, npr, March 5, 2021 Article: What’s behind $15,000 electricity bills in Texas?, By Seth Blumsack, The Conversation, February 24, 2021 Article: How Winter Storm Uri Impacted the United States, By Theresa Machemer, Smithsonian Magazine, February 19, 2021 Transcript: ERCOT Update Press Conference on Texas Power Outages February 17, Rev, February 17, 2021 Article: Why the Texas power grid is struggling to cope with the extreme cold, By Umair Irfan, Vox, February 16, 2021 Article: Winter Storm Uri Spread Snow, Damaging Ice From Coast-to Coast, Including the Deep South (Recap), The Weather Channel, February 16, 2021 Article: Bitter cold deepens state's power crisis, By Marcy de Luna and Amanda Drane, Houston Chronicle, February 14, 2021 Article: Shellenberger’s Optimistic, Viral Take on Climate Future Challenged by Scientists He Cites, By Alex Kasprak, Snopes, August 4, 2020 Additional Resources Michael Shellenberger DeSmog Texas’ Energy Market and Power Grid 101, Electric Choice Campaign Finance Summary: John A Barrasso, opensecrets.org Sound Clip Sources Hearing: POWER STRUGGLE: EXAMINING THE 2021 TEXAS GRID FAILURE, House Committee on Energy and Commerce: Subcommittee on Oversight and Investigations, March 24, 2021 Watch on Youtube Witnesses: Sylvester Turner 2015 -: Mayor of Houston, TX 1989 - 2016: Member of the TX House of Representatives Bill Magness President and CEO of the Electric Reliability Council of TX (ERCOT) Testified after being given notice that he would be getting fired at the beginning of May Christi Craddick Chairman of the Railroad Commission of TX Michael Shellenberger Founder and President of Environmental Progress Website: "He has helped save nuclear reactors around the world." James Robb President and CEO of the North American Electric Reliability Corporation (NERC) The standard setting body for reliability associated with the electric power industry 1988 - 2002: Principal at McKinsey Transcript: 35:45 Cathy McMorris Rodgers: Recent trends show a transition away from coal and nuclear power plants designed to function as baseload capacity toward variable renewable energy sources with just in time natural gas backup. States like California that rely more on weather dependent renewables experienced energy failures on a regular basis. Indeed, California residents experienced blackouts on an ongoing annual basis as the state fails to manage summer electricity demand and wildfire risk. These events suggest that replacing nuclear plants with variable renewable energy sources could make energy grids less resilient. Policies that drive renewables at the expense of firm baseload put lives at risk. 49:09 Bill Magness: Let me give you a bit of background to explain ERCOT's role in the provision of electric power in Texas. We manage the flow of electric power to more than 26 million Texas customers. That's about 90% of the state's electric load and about 75% of the landmass of Texas, ERCOT does not own power plants. We do not own poles and wires. We are the grid operator, like air traffic control for the grid. We're also the settlement agent for the market. We do the bookkeeping and billing, we don't participate in the financial side of our market. Our number one job is to see that supply and demand on the grid are in balance at all times. As the independent system operator for the region, ERCOT schedules power on an electric grid that connects more than 46,500 miles of transmission lines and over 680 generating units. It also performs financial settlement for the competitive wholesale bulk power market and administers retail switching for 8 million premises in the competitive areas in ERCOT. We're a membership based 501 c four nonprofit corporation governed by a board of directors and subject to oversight by the Public Utility Commission of Texas and the Texas Legislature. Our members include consumers, cooperatives, generators, power marketers, retail electric providers, and best droned electric utilities, transmission and distribution providers and municipally owned electric utilities. ERCOT's not a policymaking body. We implement the policies adopted by the Public Utility Commission and the Texas Legislature and we operate under reliability rules adopted by the North American Electric Reliability corporation or NERC. Generators produce power from a variety of sources in ERCOT such as gas, coal, wind, solar and nuclear. These are private and public entities subject to regulation by various state and federal agencies. Transmission and distribution providers own the wires and transport the power to consumers subject to their own sets of federal and state regulations. 24 hours a day, seven days a week ERCOT monitors the entirety of the system to make sure that when transmission lines go down, we can work around them. We talk to generators instructing them to bring load onto the system or to back it down as needed. We oversee the scheduling of maintenance and more. The work is done with one purpose to maintain the 60 hertz frequency that's needed to ensure the stability of the grid. There's a constant balancing act to manage the supply and demand to ensure a stable frequency. During the week of February 15, the Texas electric market experienced more demand than available supply. At its worst the storm took out 48.6% of the generation available to ERCOT to balance the grid. We always keep reserves, but when you lose nearly half your generation, you're going to have a problem. And supply quickly diminished the frequency of the grid dipped perilously low. Many generators stayed off for days and this led the system unable to serve that high demand. We use the last tool in our toolkit. Planned outages. Calling for load shed to manage the stability of the grid. This crisis required are caught using procedures established for emergencies like this to call on Transmission providers to use control load shedding to balance the system and prevent a devastating blackout for the entire grid. avoiding a complete blackout is critical. Were to occur, the Texas grid could be down for several days or weeks while the damage to the electrical grid was repaired and the power restored in a phased and highly controlled process. The cost of restoration of the system. The economic loss for Texas and the personal costs of the well being of Texas citizens would be unfathomable. as terrible as the consequences of the controlled outages in February were if we had not felt the blackout power could have been out for over 90% of Texans for weeks. The steps we took were difficult, but they had to be taken and when power was able to be fully restored. The Texas electric delivery system immediately returned to its pre emergency conditions. 57:36 Christi Craddick: As the storm sat over Texas wind, solar, coal, nuclear oil and natural gas all experienced challenges. Through numerous conversations with the oil and gas industry and operators, we learned of frozen roadways preventing crews from accessing the fields. But the number one problem we heard reported from operators was a lack of power at their production sites. As outages spread across the state operators were unable to keep their systems functioning as power was cut. Some operators did need to preemptively shut in their wells for safety and well integrity purposes prior to the storm, beginning as early as February 9. Starting on Tuesday, February 16, as it was safe to return to the oilfield, crews arrived to find that their facilities were experiencing electricity outages. The oil fields simply cannot run without power, making electricity the best winterization tool. 59:13 Christi Craddick: For just one moment, I'd like to highlight the overall success of our LDC's our local distribution companies. They are the companies that provide gas directly to residential customers. If you have a gas powered stove, fireplace, furnace heat, you're an LDC customer. As millions of homes lost electricity in Texas, only 2,153 LDC customers experienced service disruption. That means that 99.95% of all customers did not lose gas. 4.6 million households in Texas utilize natural gas in their homes representing about 13 million Texans and these families were able to continue to heat their homes. 1:11:19 Rep. Diana DeGette (CO): ERCOT has stated publicly that the recent extreme weather in Texas, 'caused many generating units across fuel types to trip offline and become unavailable.' Isn't it true that during the extreme weather event, natural gas, wind, coal, solar and even nuclear power were forced offline? Bill Magness: Yes, Chairman, we did see periods of time where each one of those types of generation flipped offline. Rep. Diana DeGette: And as devastating as this was, I guess a lot of people who are surprised because, Mayor, you were in the Texas legislature for more than 25 years. And you said in your written testimony, the magnitude, and also today, that magnitude of damages was foreseeable, and preventable. The Texas grid must be designed with the full appreciation that climate change is real and extreme weather events can occur with throughout the year. Is it your view that Texas ignored these warnings, and missed several opportunities to fortify the grid against the threat of extreme weather? Sylvester Turner: Madam chair? The answer is yes. I was in the legislature when the winter storm occurred in 2011. In fact, I found House Bill 1986. That's specifically what mandated the Public Utility Commission to have ERCOT have a sufficient reserve to prevent blackouts. That was in 2011. Rep. Diana DeGette: Mr. Rob, I understand that NERC has issued a series of recommendations in recent years warning about reliability risk to the Texas grid, including after this same storm that hit Texas in 2011. Now, I know nurse inquiry is ongoing, but based on the information you have, did Texas winterize its power infrastructure to the degree NERC had recommended after the 2011 storm? Jim Robb: Well, the inquiry will affirm this but evidence was just absolutely not. Rep. Diana DeGette: Absolutely not. 1:14:05 Sylvester Turner: I will tell you we're not just relying on generators. We had a number of generators go under in wastewater treatment facilities. When the grid failed, some of those generators didn't kick in. What we are doing now is looking at piloting micro grids that actually tie into the Texas grid. And they are always on, they never turn off. They're on 24 seven. And so we're looking at power utilizing that for our key infrastructure projects with it for city facilities as well as in low income communities in the city. 1:15:03 Jim Robb: But the key to integrating large amounts of renewable resources is the balancing resource that that picks up generation when the renewable resources can't perform because of weather conditions or what have you. And today, the only real resource we have that can do that would either be hydro, as was mentioned earlier, or natural gas. And natural gas of those fuels is the most easily transported to to where it's needed. So gas is the answer to making this transition work. 1:17:36 Michael Shellenberger: I just will also mention I this talk and this idea that there is some inevitability to a transition towards variable renewable energy sources is incorrect. It is not shared by most energy experts. It is a consequence of policy choices. And if we want to have affordable, reliable, resilient electricity sources, we need reliable sources of electricity produced in large, efficient power plants, whether nuclear natural gas or coal. 1:33:06 Jim Robb: The report that we put out in 2011, called for very clear freeze protection on the generating plants and raised the issue as to whether that should extend into the natural gas supply as well. And what I understand Texas did was to put in place legislation that required weatherization, but not to a specific level. And it was not aggressively enforced standard. I think it was spot checked. And, and enforcement against that was relatively modest is my understanding. Why we're... No, I think that's one of the reasons why after the 2018 event, we concluded that we needed to move to a mandatory freeze protection standard for equipment and to have that be monitored and enforced by us. 1:50:24 Michael Shellenberger: If we're going to shut down all of our nuclear plants which are 20% of our electricity, and we better keep our coal plants around, and I say this is somebody that has long advocated the transition from coal to natural gas and nuclear. 1:58:32 Christi Craddick: I believe that transmission pipes are in the ground and that's natural insulation, where we do have some challenges when you had the electric TriCity roll off into fields and across the state than we did our problems with compressors that are electric compressors and or natural gas compressors. Like you can't move stuff in a pipe if you've got an up compressor without electricity. So but the pipes themselves did not freeze and I think that's been a mis communication across the board when you've looked at the press communication 2:04:12 Michael Shellenberger: Civilization depends on reliable electricity. I think everybody agrees with that. But then you need to people need to explain how it is that variable renewable energy sources which are weather dependent, are somehow add up to being reliable and resilient at grid levels they don't, that actually just adds up to less reliability and less resilience, all else being equal. 3:02:55 Rep. Marc Veasey (TX): We also know that many natural gas producers and processors failed to file the necessary paperwork with the electric utility to be listed as critical infrastructure. That meant that when we have rolling blackouts, and when they were initiated, these natural gas companies didn't have the electricity necessary to pull gas from underground, which in turn led to a natural gas shortage of power plants and created a downward spiral of more blackouts. Right now, it's optional for these companies to file this paperwork, but Charlie Garin also from Fort Worth, he has a bill, Commissioner Craddick, that he is going to file that will answer some of these concerns that I just laid out. And I want to ask you, Commissioner Craddick should ease energy producers, who we all know are critical to keep the lights on. So we won't have a repeat of what we saw, should they be required to file this paperwork? And should it be included on the electric utilities critical list? Christi Craddick: I think it's an important piece that frankly, my agency hadn't been communicated from ERCOT that this existed, but to if you look at for these forums, and the second the the time when we finally realize this form existed, because it was based on summertime, not winter time. But when we realized that we've now sent it from our agency sent a letter to every single operator that we regulate, suggesting that they file this form, but youdon't think it should be required.The challenge we still have though, is ERCOT today doesn't prioritize gas fields. It's only gas processing plants for it, so we'd like to encourage ERCOT to remap the system and understand that the the whole system needs to be included not just part because we had operators who told us they would have been happy to file the form had one, they known about it and two, had have been included in the form and they were not. Hearing: ELECTRIC SERVICE AND EXTREME WEATHER EVENTS, Senate Committee on Energy and Natural Resources, March 11, 2021 Watch on Youtube Witnesses: Mark A. Gabriel Administrator, Western Area Power Administration, Department of Energy James B. Robb, North American Electric Reliability Corporation Pat Wood, III, Hunt Energy Network, former Chairman of the Federal Energy Regulatory Commission Michael D. Shellenberger, Environmental Progress Manu Asthana, PJM Interconnection Transcript: 11:51 Jim Robb: There are three major trends which are fundamentally transforming the bulk power system and challenging our historic reliability paradigms. First, the system is decarbonizing rapidly and this evolution is altering the operational characteristics of the grid. policies, economics and market designs are resulting in significant retirements of traditional generation, new investment is increasingly focused on developing carbon free generation with variable production profiles. And in this resource mix, natural gas fired generation is becoming ever more critical, both for both energy to serve load and balancing energy to support the integration of these variable resources. Second, the grid is becoming more distributed. The improved economics of solar is a key example. These smaller scale resources have been deployed on both the bulk electric as well as distribution systems and in many cases reside behind the meter. And third, the system is becoming increasingly digitized through smart meters and digital control systems. These investments greatly enhanced the operational awareness and efficiency of grid operators, but at the same time, it heightens our exposure to cybersecurity risk. 12:59 Jim Robb: Our reliability assessments are one important way we evaluate the performance of the grid, identify reliability trends, anticipate challenges, and provide a technical platform for important policy discussion. With growing reliance on variable and just in time resources, we are developing more advanced ways to study energy supply risk. Our assessments consistently have identified three regions of the country, particularly exposed to these dynamics: California, Texas and New England. Last August, a massive heat wave across the west caused an energy supply shortage in California in the early evening, solar energy was ramping down and the grid operator was unable to import power as planned. due to high demand throughout the West, Cal ISO was forced to cut power to approximately 800,000 customers. Among the lessons learned from this event are one the critical need for reliable ramping resources to balance load, and second, the need for improved ways to estimate resource availability when the system is under stress. In New England, cold weather exacerbates its dependence on limited pipeline capacity and a handful of critical fuel assets. An early January coldsnap in 2018, led to natural gas shortages and fuel oil was burned to preserve reliability. Had that coldsnap not abated when it did. The fuel oil inventory would eventually be exhausted, and I assume New England almost certainly would have needed to shed load. It was a classic near miss event. Insufficient and inadequate weatherization of generation in Texas in the middle South states has been a growing concern for us since 2012. After a cold weather event caused loadshedding for 3 million customers in Texas in 2011. We developed a winter preparation guideline to focus industry on best practices and started conducting significant outreach on winter preparedness. Following additional extremes and unplanned load shedding in that region in 2018. We concluded that these events could no longer be treated as rare, and that a mandatory approach was warranted. As a result, nerf began the process of adding mandatory weatherization requirements into our reliability standards. 15:00 Jim Robb: First, more investment in transmission and natural gas infrastructure is required to improve the resilience of the electric grid. Increased utility scale wind and solar will require new transmission to get power to load centers. Next, the regulatory structure and oversight of natural gas supply for the purposes of electric generation needs to be rethought. The natural gas system was not built and operated with electric reliability. First in mind, policy action and legislation will likely be needed to assure reliable fuel supply for electric generation. As the critical balancing resource natural gas is the fuel that keeps the lights on. Third, the electric and natural gas systems must be better prepared for extreme weather conditions which are frankly becoming more routine. Regulatory and market structures need to support this planning and the necessary investment to assure reliability. And finally, investment in energy storage or alternative technologies needs to be supported to have a viable alternative to natural gas for balancing variable resources. A technology which can be deployed cost effectively and at massive scale with adequate duration to deal with supply disruption lasting for days rather than hours is required. 19:13 Mark A. Gabriel: First, every former generation can be disrupted by extreme temperatures. Second, a competitive market can discourage long term capital investment in reliability and resilience measures. And finally, costs move in both directions in competitive markets, and electricity will flow often times at impractical prices. 21:07 Mark A. Gabriel: In conclusion, power and gas markets in the United States are marvelously efficient at driving out inefficient, generating huge units, increasing financial liquidity and expanding the sale of electricity. However, the real question is whether electricity and to a lesser extent natural gas are logical commodities to participate in open markets. Unlike pork bellies and orange juice trading electrons has consequences far greater than the availability of bacon or a morning refreshment. 23:25 Pat Wood: Today I'm CEO of the hunt energy network. We're building storage batteries, small batteries at the distribution level around the state of Texas. I think the role of energy storage in the future is going to be one that will be just nowhere to go but up. As we bring on intermittent resources, understand the members concerns and lived through them as well with intermittent resources or variable resources that we've got to do something to firm those up. Storage is that golden bullet that as a regulator, I didn't have 15-20 years ago, and we were talking through market issues across from California to New England. But storage is just beginning. It's got to scale up but it's a pretty interesting place to be. 46:00 Sen. John Barrasso (WY): You've written and you see, 'California is big bet on renewables and shunning of natural gas and nuclear is directly responsible for the state's blackouts and high electricity prices.' Could you expand upon your comments for the committee? Michael D. Shellenberger: Well, sure, there was a root cause analysis published by the California Public Utilities Commission, the California Energy Commission, and the California grid operator Kaiso, which made a very similar point though, in a more muted fashion. That point was made very dramatically in the midst of the crisis last August in a conference call with reporters, where the grid operator specifically pointed to the closure of San Onofre nuclear power plant, which was about 2200 megawatts of power, as well as the closure of natural gas plants as the really the main factors that resulted in the shortage of energy. 46:49 Sen. John Barrasso (WY): You know, you've written a bit and you said, quote, have some have long pointed to batteries is the way to integrate unreliable renewables onto the grid. However, that batteries you say are simply not up to the task today and you went on to explain indeed for renewables to work batteries would need to be able to store the power for weeks, and perhaps even months. Can you expand upon the comments for the committee? Michael D. Shellenberger: Sure. Well, we have one of the largest battery installations in the world in Escondido, California, and it provides power for 16,000 Californians for about four hours. There's almost 40 million Californians, the cost is prohibitive prohibitively high and in fact, most advocates of renewables now, no longer think that lithium batteries are going to be an important form of storage beyond you know, managing minutes or hours. 52:38 Mark A. Gabriel: I think what we also have to look at and understand is how can we use the existing transmission system differently. For example, there are seven ties between the eastern and western grid that are perfect examples of 1980s technology, which could clearly be upgraded and quite frankly, could be done within a two to four year timeframe. So we'd have some immediate benefit there. 59:47 Mark A. Gabriel: Gotta consider in the United States only 3% of the 90,000 dams have power capabilities to them. And if anything, I think it's a it's a valuable discussion to have to make sure that we are thinking about increasing hydro power, as it is a carbon free resource, and one that can help bolster a grid in times of great stress. 1:02:08 Sen. Martin Heinrich (NM): Coal has become completely unaffordable as a power source. If you look at Lazard or any of the independent analysis of what wholesale costs are for various different generations, and you have solar at three to four cents a kilowatt and wind at three to five cents a kilowatt, and then you have coal at 7 to 16 cents a kilowatt, or nuclear at 13 to 20 cents a kilowatt, you understand what some of the market pressures are here, and why we're being asked for example, to subsidize nuclear power. 1:03:00 Sen. Martin Heinrich (NM): I'd ask what policies you think would be wise to accelerate the deployment of the storage that you mentioned, on the grid both in Texas and nationally? Pat Wood: Well, I think getting a diversity of supply chain, we clearly are dependent on China and a few other countries in East Asia for the current technologies that I think Mr. Shallenberger pointed out correctly, that there are a lot of things other than lithium ions, but those are what are in all the EV's and in certainly all the storage technology. So the cost upstream if there could be some American or at least North American European suppliers to that. The policies in the US make it easy make it as easy to interconnect a battery as we've made it to connect gas plants and windmills. Yeah, we're of course version 1.0 talking with our utilities. We haven't done it before, but it's it's not easy. Learning to get these things done one by one. I think the market policies in most of the organized markets are very friendly to battery so I think we've got that box checked. Sen. Martin Heinrich (NM): So interconnection is really a big... Pat Wood: Interconnection is important. 1:04:40 Sen. Martin Heinrich (NM): Would it have been helpful for Texas to be able to import power either from the east or the west? In this recent episode, because I noticed that El Paso power for example, El Paso didn't have the same rolling blackouts because they were able to pull from the western grid. Pat Wood: And they are directly interconnected with it. We do have some gates in the wall. Sen. Martin Heinrich (NM): Yes, you have DC connections. But if you don't have direct connections? Pat Wood: Correct, that's right. And there actually are proposals to put more of the DC ties in both east and west. To be honest, a few gigawatts wouldn't wouldn't hurt. But it wouldn't have saved us from really what was a 20 gigawatt short shortfall at the... Sen. Martin Heinrich (NM): What was the single largest shortfall from which generation source? If you look at it Pat Wood: Well, our largest supplier on a normal day is gas. So the impact of gas dropping both at the supply level and then at the power plant level. That's that's the interesting thing to figure out is how much was related to the lack of winterization, which we should have learned from the 2011 experience, how much was done from that, and how much actually had to do with the supply system or the upstream issues from the gas wells all the way down to the power plant. 1:23:15 Sen. James Lankford (OK): Natural gas is quick to be able to turn on. But when you're not asked for much for a long period of time, and then suddenly you ask for a lot in a short period of time, especially an extremely cold weather event, then suddenly it's like, you know what, we can't turn it all on that fast that much. Is there a tipping point that you're seeing for providing other fuels that are out there that for instance, were 40, 50, 60% renewables and you've got a very small portfolio of natural gas, and then the wind stops blowing, and it's a cloudy day, and you suddenly don't have those. And he asked natural gas to turn on 50% suddenly, that's just not realistic, because what is upstream is not able to turn on that fast. Is that a realistic conversation? Jim Robb: I think that's that is the conversation that needs to take place. Natural gas plants are the most flexible that we have in the system to accommodate the variability that we see with large amounts of variable resources. And it is a real challenge for the natural gas industry to provide that kind of capacity that quickly. It's not designed to do that. But that's what the electric industry needs. And this is the question that I think policymakers and probably legislators are going to have to tackle which is how do we create a construct for natural gas to be able to serve these very unique needs of the electric system for which it's not designed to do 1:35:40 Sen. Roger Marshall (KS): How could Burke investigate if there was anything nefarious, what does that process look like? And I'm not saying there is. I'm just it just hard for me to imagine just prices going up exponentially. And again, I think of that, you know, my parents on a fixed income, what's happening to their electric bill and their heating bill coming up? Right now was well, how would Burke investigate this? Pat Wood: NERC does have authority over market manipulation, or just markets in general in the interstate markets, of course, interstate natural gas pipeline serve Kansas, Oklahoma and parts of Texas as well. We have an interest state that separate but the Commodities Futures Trading Commission, they were certainly involved with us 20 years ago, when we unpacked the issues in the California crisis. The state attorneys general, as I mentioned, the one in Texas is already investigating this issue. Those three, three camps for CFTC. For the futures foryour experiences, that takes decades to go through,well, no, it doesn't. I mean, you can unpack in this digitized age. We have a lot more capability that in 2021 than we did in 2001 to review trades in this matter or in any matter much more expeditious. 1:37:40 Sen. Angus King (ME): Can you tell us unequivocally that wind turbines did not cause the problem in Texas? Pat Wood: They did not cause the problem, they were honestly the only thing was like gas and coal and everywhere. Sen. Angus King (ME): So every... Pat Wood: Everything could have helped solve it more faster. But you know, when was slow to get back, and so was coal and so was gas.Sen. Angus King (ME): And I want to mention that the wind project that I worked on in Maine has been online in 10 years in Maine. And it's never been down because of the cold that I know of it was a question of they're not weatherizing their entire turbine. So there's nothing intrinsic in the wind power that can't survive cold weather. 1:40:25 Manu Asthana: But I think the the really exciting part of electric vehicles and PJM did a study with the University of Delaware on vehicle to grid. We actually piloted having vehicles provide regulation services off of their batteries. And, you know, people were able to earn $100 a month in the pilot, so I think there's a lot of capability that will come to the grid that hopefully can add resilience through EV's as well. Republicans LIE, Say Texas Blackouts Caused by Wind Power, David Pakman Show, February 17, 2021 Chris Hayes Debunks GOP, Right-Wing Media Lies About Texas Power Outages | All In | MSNBC, MSNBC, February 16, 2021 Cover Art Design by Only Child Imaginations Music Presented in This Episode Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)

Energy & Commerce Subcommittee on Communications & Technology Senior Member, Rep. Jerry McNerney (D-CA) talked about potential media regulation and other social media and tech issues facing the new Congress. Learn more about your ad choices. Visit megaphone.fm/adchoices

The 116th Congress finished their reign by passing every section of government funding into law with COVID relief attached. In this episode, learn about the new COVID relief law after you hear about a surprise dingleberry that promises to end surprise medical billing in the United States. That's right! Something good happened! Find out in this episode how the new provisions will positively affect you. Please Support Congressional Dish – Quick Links Click here to contribute monthly or a lump sum via PayPal Click here to support Congressional Dish via Patreon (donations per episode) Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank’s online bill pay function to mail contributions to: 5753 Hwy 85 North, Number 4576, Crestview, FL 32536 Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Recommended Episodes CD219: Oversights of CAREs CD213: CARES Act - The Trillions for COVID-19 Law CD199: Surprise Medical Bills Coronabus Outline CBO Score of COVID provisions (Division N) CBO Score of COVID provisions (Division M) CBO Score of the omnibus H.R.133: Consolidated Appropriations Act, 2021 "Coronabus" Congress.gov Text Explanatory Statement 1 Explanatory Statement 2 DIVISION M: CORONAVIRUS RESPONSE AND RELIEF SUPPLEMENTAL APPROPRIATIONS ACT Sec. 201: General Provisions The Federal government will pay 100% of the cost of funeral expenses that the Governor of a state chooses to pay for expenses through 12/31/2020. Child Care and Development Block Grant: Provides $10 billion and expand eligibility by waiving eligibility restrictions tied to income. It specifically mentions health care sector employees, emergency responders, sanitation workers, farm workers, and other "workers deemed essential during the response to coronavirus by public officials". The money can be used to pay for co-payments and tuition payments for families. Public Health and Social Services Fund: Provides $22,945,000,000 for vaccines and $22,400,000,000 for testing and contract tracing. Education Stabilization Fund: Provides almost $82 billion available through September 2022 to “prevent, prepare for, and respond to coronavirus domestically or internationally”. $2.75 billion will go to "non-public schools". Non-public schools can not also take PPP money if they apply for this money. Federal Aviation Administration: Provides $2 billion for airports, and requires them to retain at least 90 percent of their workforce as of March 27, 2020 (minus retirements and employees who quit) until February 15th DIVISION N - ADDITIONAL CORONAVIRUS RESPONSE AND RELIEF TITLE I - HEALTHCARE Sec. 101: Supporting Physicians and Other Professionals in Adjusting to Medicare Payment Changes During 2021 Medicare fee schedules will be increased by 3.75% from January 1, 2021 through January 1, 2022. Prohibits judicial review of the fee schedules that determine payment amounts. Funds it with $3 billion plus "necessary" amounts from the Supplementary Medical Insurance Trust Fund. TITLE II - ASSISTANCE TO INDIVIDUALS, FAMILIES, AND BUSINESSES Subtitle A - Unemployment Insurance Sec. 201: Extension and Benefit Phaseout Rule For Pandemic Unemployment Assistance Extends the eligibility period for COVID-19 unemployment payments through March 14, 2021. People who haven't used their benefit eligibility of 50 weeks can get payments through April 5, 2021. Gives individuals the right to appeal denials of their unemployment benefits, but any denials issued before the end of 2020 will stand. Sec. 203: Extension of Federal Pandemic Unemployment Compensation Adds $300 in federal tax money to the weekly unemployment benefits we receive from our states from December 26, 2020 through March 14, 2021. Sec. 241: Requirement To Substantiate Employment or Self-Employment and Wages Earned or Paid to Confirm Eligibility for Pandemic Unemployment Assistance Requires people filing for COVID unemployment benefits who aren't usually eligible (such as self-employed people, people who can't work because they are sick with COVID or caring for a COVID, etc.) to provide documentation to prove they are employed or self employed. The law is not specific about what kind of documentation is required. Sec. 263: Continuing Eligibility for Certain Recipients of Pandemic Unemployment Assistance Starting in February 2021, people in this category have to submit documents every week proving they are still, caring for someone who is sick, or can't work for another eligible reason. Sec. 242: Requirement for States to Verify Identity of Applicants for Pandemic Unemployment Assistance Requires the states to verify the identity of any approved to receive COVID unemployment payments. States need to start doing this by February 1. Sec. 251: Return to Work Reporting For CARES Agreement By February 1, states have to set up a snitching hotline or website for employers to use to rat on employees who refuse to return to work "without good cause." The definition of good cause is left up to the states. Subtitle B - COVID-related Tax Relief Act of 2020 Sec. 272: Additional 2020 Recovery Rebates For Individuals Individuals making up to $75,000 - based on 2019 taxes - will receive a $600 "tax credit", in addition to $600 per dependent Sec. 276: Clarification of Tax Treatment of Forgiveness of Covered Loans A business that receives a PPP loan that is forgiven does not have to count that money as income and expenses paid with the PPP money can be deducted. Sec. 277: Emergency Financial Aid Grants Students who receive emergency financial aid grants don’t have to count the money as income Sec. 286: Extension of Credits For Paid Sick and Family Leave Extended a tax credit for employers which would cover 100% of the costs of paid sick and family leave they offer to their employees and the tax credit for self-employed people for the days they can’t work because of COVID until March 31, 2021. TITLE III - CONTINUING THE PAYCHECK PROTECTION PROGRAM AND OTHER SMALL BUSINESS SUPPORT Sec. 304: Additional Eligible Expenses Expands the list of expenses that can be paid using PPP funds to include operations expenditures, property damage caused by the BLM protests in summer 2020 that were not covered by insurance, supplier costs, and worker protection measures related to COVID safety. Sec. 305: Hold Harmless Exempts the banks that administer the PPP program from lawsuits related to loan origination or forgiveness for a second draw of PPP loans as long as they collect required paperwork "in good faith". Sec. 307: Simplified Forgiveness Application Creates a simplified application process for PPP loan forgiveness for loans less than $150,000. Those loans "shall be forgiven" if the person submits a 1 page document describing how many employees were retained thanks to the loan, how much of the loan was spent on payroll, and the total loan amount. The recipient will have to retain employment records for 4 years after submitting the application. The banks are not allowed to require any other documents for loan forgiveness. This is effective from the signing of the CARES Act. Sec. 308: Specific Group Insurance Payments as Payroll Costs Clarifies that "group life, disability, vision, or dental insurance" counts as payroll costs, which can be paid using PPP loan money. Sec. 311: Paycheck Protection Program Second Draw Loans Allows people to get a second round of forgivable PPP loans with the amount based on their payroll expenses for the last year or 2019 with a maximum loan amount of $2 million. Limits the size of the business to one with fewer than 300 employees per location, instead of 500 employees per location. Sec. 318: Eligibility of 501(c)(6) and Destination Marketing Organizations For Loans Under the Paycheck Protection Program Allows PPP funds to be given to tax exempt business organizations, including organizations that engage in lobbying Congress. Sec. 319: Prohibition on Use of Loan Proceeds For Lobbying Activities Prohibits PPP funds from being used on lobbying expenses. Sec. 322: Conflicts of Interest A business that is more than 20% owned or controlled by the President, Vice President, the head of an Executive department or a member of Congress or their spouses is not eligible to receive PPP loans. Sec. 324: Grants for Shuttered Venue Operations Live performance venues, except ones that "present live performances of a prurient sexual nature", that have taken in 30% or less of their 2019 revenues can get grants to help make up for 45% of their lost revenue during the pandemic. $2 billion is set aside for businesses with fewer than 50 employees. Sec. 342: Prohibition of Eligibility For Publicly-Traded Companies Prohibits publicly traded companies from receiving PPP loans. TITLE IV - TRANSPORTATION Subtitle A - Airline Worker Support Extension Sec. 402: Pandemic Relief for Aviation Workers Provides $15 billion to pay the salaries and benefits of passenger airlines and $1 billion for contractors. Sec. 404: Required Assurances Conditions the money on the promise from the airlines and contractors that they won't lay anyone off or reduce their pay until March 31, 2021 and that the money won't be used to buy the companies stock or pay out dividends until March 31, 2022. Airlines or contractors that accept this money will have 72 hours from the time they accept the agreement with government to recall any employees they laid off. The employees who return will receive back pay from December 1, 2020 (minus any severance they received). Sec. 406: Limitation of Certain Employee Compensation Freezes the pay of anyone in the airlines accepting our tax money funded bailout who made more than $425,000/year in 2019 to their 2019 pay levels until October 1, 2022. No one in the company will be allowed to collect more than $3 million plus 50% of the amount over $3 million that they earned in 2019. Sec. 407: Minimum Air Service Guarantees Authorizes the Secretary of Transportation (Pete Buttigeg) to require an airline to maintain service to any destination that airline served on March 20, 2020, if the airline accepts the COVID bailout money. This authority automatically expires on March 1, 2022. Subtitle B - Coronavirus Economic Relief for Transportation Services Act Sec. 421: Assistance For Providers of Transportation Services Affected by COVID-19 Provides $2 billion to transportation service companies that have lost at least 25% of their revenue due to COVID-19 that has fewer than 500 employees or a company with over 500 employees that hasn't received a bailout yet. The companies have to use at least 60% of the money to pay up to $100,000/yr per employee in salary as long as they don't furlough any more workers (they can spend the money on other things if all their workers are back and making their 2019 pay levels already). TITLE V - BANKING Subtitle A - Emergency Rental Assistance Sec. 501: Emergency Rental Assistance Provides $25 billion for rental assistance . The money will be given to the states and 90% of it needs to be used to pay rent, utilities, home energy costs, and other costs as determined by the Treasury Secretary. Under no circumstance can any household get payments for more than 15 months. The money will flow from the government directly to the landlord or utility provider (unless the landlord or utility provider refuses to accept the payment, which is the only circumstance during which the household will get the money). To be eligible you either have to have income below 50% of the area median income or one or more individuals in the home have been unemployed for at least 90 days. Landlords are allowed to apply on behalf of their tenants, with their permission and signature on the application. The funding expires December 31, 2021. Sec. 502: Extension of Eviction Moratorium Extends the eviction moratorium through January 31, 2021. Subtitle B - Community Development Investment Sec. 522: Capital Investments For Neighborhoods Disproportionately Impacted By The COVID-19 Pandemic Creates a new fund with $9 billion to give money to banks - by purchasing their stock - to lend out in low income and minority communities. The administration of these purchases can be outsourced to "any bank, savings association, trust company, security broker or dealer, asset manager, or investment advisor as a financial agent of the Federal Government." The law sets no limits on executive compensation, share buybacks, or dividend payments for the recipients of the bank's lending (the Secretary of the Treasury gets to make those rules). The authority for using this $9 billion is valid until 6 months after the emergency declared on March 13, 2020 is terminated. Subtitle C - Miscellaneous Sec. 540: Extension of Temporary Relief and Emergency Authorities Extends the provision from the CARES Act that exempted banks from relatively new reporting requirements on their credit losses until the end of the emergency or January 1, 2022, an extra year. Sec. 541: Extension of Temporary Relief From Troubled Debt Restructurings And Insurer Clarification Extends the provision from the CARES Act that allows banks to avoid counting troubled loans as troubled on their balance sheets until 60 days after the emergency declared on March 13th ends or January 1, 2022, an extra year. This law also expands the eligibility to include insurance companies. TITLE VI - LABOR PROVISIONS Sec. 601: Job Corp Flexibilities Temporarily allows people who have already turned 25 to qualify for the Jobs Corps. TITLE VII - NUTRITION AND AGRICULTURE RELIEF Subtitle A - Nutrition Sec. 702: Supplemental Nutrition Assistance Program From January 1, 2021 through June 30, 2021, food stamp beneficiaries will get 115% of the amount they received in June 2020. Money received from Federal unemployment payments - the money provided on top of state payments - will not be counted as income for the month the money was received or for the 9 months that follow for the purpose of determining food stamp eligibility. Subtitle B - Agriculture Sec. 751: Office of the Secretary Provides over $11 billion for farmers and those that provide for local food systems such as farmers markers, restaurants, and schools. $1.5 billion will be used to purchase food for hungry Americans. $1 billion of this money can be used to pay up to 80% of the revenue losses of contract growers of livestock and poultry for the period beginning on January 1, 2020 (two months before COVID) through January 1, 2021. TITLE VIII - UNITED STATES POSTAL SERVICE Sec. 801: COVID-19 Funding For The United States Postal Service Allows the postal service to keep the money it was loaned by the CARES Act TITLE IX - BROADBAND INTERNET ACCESS SERVICE Sec. 904: Benefit For Broadband Service During Emergency Period Relating to COVID-19 Creates the "Emergency Broadband Benefit Program" funded with $3.2 billion, which allows households that qualify for some other COVID relief benefits can also get a monthly $50 discount on their internet service, or $100 if they are renting equipment, but only if their internet service provide elects to participate in the program. The FCC will reimburse the internet companies directly for the discounts. Companies that accept the money are not allowed to require an early termination fee of new customers who get service due to this benefit who then decide to cancel later. This is valid until 6 months after the end of the emergency is declared. TITLE X - MISCELLANEOUS Sec. 1003: Rescissions Rescinds $429 billion out of the $500 billion that was provided the CARES Act to provide loans and invest in corporate bonds by the Federal Reserve. Sec. 1005: Termination of Authority Terminates the authority created by the CARES Act for the Federal Reserve to make loans or purchase securities using the Main Street Lending Program, or the authorities granted to loan money to state and local governments. They can still make loans using the Term Asset-Back Securities Loan Facility. They are allowed to restructure and extend existing loans. Sec. 1006: Rule of Construction Clarifies that the Federal Reserve is not in any way restricted from using authorities it already had before enactment of the CARES Act. DIVISION BB - PRIVATE HEALTH INSURANCE AND PUBLIC HEALTH PROVISIONS TITLE I - NO SURPRISES ACT Sec. 102: Health Insurance Requirements Regarding Surprise Medical Billing Starting on January 1, 2022, any health insurance company that provides "any benefits" in an emergency department can not require pre-authorization of those services or deny coverage because the emergency department is out of their network. If emergency services are provided out-of-network, there can not be any limits on coverage any more restrictive than what would be covered by an in-network emergency department and the out-of-pocket costs can't be more than they would be in-network. Out-of-pocket payments at an out-of-network emergency room must count towards in-network deductibles and out-of-pocket maximums. Emergency services include any care that happens in connection to the emergency visit, regardless of what department of the hospital provides the services. After the patient is stabilized, inpatient or outpatient stays in connection to that event are also covered. Loophole: Services are not covered if the patient is able to travel without medical transportation, is able to provide informed consent, and "other conditions" that will be determined by regulation. The prices to be paid by insurers will be based on the median price paid in the geographic area for similar services, and it will increase along with the consumer price index. In the case of a out-of-network doctor who works at an in-network hospital, if that doctor doesn't notify the patient that he/she is out-of-network, the health insurance company can't require the patient to pay any more out of pocket than they would pay if the doctor were in-network. Any cost-sharing payments must be applied to the in-network deductible and annual maximum out of pocket limits. This also applies to air ambulance providers. Health insurance companies are no longer allowed to require referrals for women to go to the gynecologist. Health insurance plans are still allowed to require gynecologists to notify the plan and/or the primary care doctor of their treatment decisions. Sec. 103: Determination of Out-of-Network Rates to Be Paid By Health Plan; Independent Dispute Resolution Process To determine how much an insurance company will directly pay to an out-of-network provider, the provider has 30 days from receiving a payment or a denial of payment to start a negotiation process. If the negotiation fails, within four days, the provider or health insurance company can elect to start an independent dispute resolution. The Secretaries of Health and Human Services, Labor, and Treasury have until the end of 2021 to create this process by regulation. The regulation process will determine who will be certified to act as the dispute resolution judge, but it is not allowed to be an affiliate, subsidiary or trade group that represents a health insurance company or health care provider. The independent disputer settler will have 30 days to make the payment determination. The payment amounts can consider the comparable rates in the geographic region, the market share that provider controls in the region, the complexity of the patients case, and if either side made any effort to be in each other's network. They payment amounts can not consider the amount the provider usually chooses to charge or the rates usually paid by Medicare and Medicaid. The decisions will be binding and not subject to judicial review, unless there is evidence of fraud. The insurance company will have 30 days from the decision date to pay the bill. A lot of information about who uses this process and its results will be made public. Sec. 104: Health Care Provider Requirements Regarding Surprise Medical Billing The emergency departments and doctors can't send patients bills for anything more than their co-pay amounts. Out-of-network doctors working at in-network facilities are also prohibited from sending bills that are greater than the co-pay amounts. Out of network doctors at in-network facilities that provide services such as anesthesiology, radiology, and lab services can send bills to patients if the the patient makes an appointment to see them 72 hours or more in advance of their treatment and if the patient signs a written notice or email. The notice has to inform the patient that getting treated by the out-of-network doctor is optional and that they have the option to get treated by an in-network doctor, along with a list of in-network doctors available to provide the service. The notice also has to inform the patient that the amount they pay may not apply to their out-of-pocket limits or in-network deductible. The notice has to be dated and signed by the patient before they receive the services. Loophole: The notice has to have a "good faith estimated amount" that the provider "may" charge, but that that amount is not a contractual obligation. The states are given the authority to enforce these laws. If the state refuses to enforce them, the Secretary of Health and Human Services has the ability to enforce them, and issue fines to doctors (and specifically air ambulance operators) up to $10,000 per violation. There will be a process for submitting complaints to the Secretary of Health and Human Services, and the department has 60 days to respond. The doctor or air ambulance operator can avoid the fine by withdrawing the bill, reimbursing the patient for the difference between what they were charged and what they should have been charged, plus interest, within 30 days. Loophole: The law does give the Secretary of HHS the permission to create a "hardship exemption" to the fines. Sec. 105: Ending Surprise Air Ambulance Bills Establishes similar laws for air ambulance operators as are enacted for emergency rooms and out-of-network doctors working at in-network facilities. Patients with health insurance who receive air ambulance services can only be charged the in-network rate for a copay. Air ambulance companies are not allowed to bill patients with health insurance more than their co-pay amount. Sec. 107: Transparency Regarding In-Network and Out-of Network Deductibles and Out-of-Pocket Limitations By January 1, 2022, health insurances have to issue new insurance identification cards which include "any deductible", "any out-of-pocket limit", and a telephone number and internet website that patients can use to find out who is in-network. Sec. 111: Consumer Protections Through Health Plan Requirement for Fair and Honest Advance Cost Estimate Starting on January 1, 2022, before a patient receives a scheduled service, the health insurance company has to send them a physical notice or email - patient's choice - about whether they are schedule to see an in-network or out-of-network doctor. If they are scheduled for an in-network appointment, they have to tell the patients the contracted rate for the service. If they are scheduled for an out-of-network appointment, they have to tell the patient how to find an in-network doctor. The notice also has to include cost estimates, including an estimate submitted by the doctor, how much the health insurance company will probably pay, the cost of any co-pays, and how close the patient is to reaching any out-of-pocket limits. The notice must also include a disclaimer that these are only estimates. Sec. 112: Patient Protections Through Transparency and Patient-Provider Dispute Resolution Starting on January 1, 2022, before a patient receives a scheduled service, the doctor needs to ask the patient if they have insurance, are covered bypass a government plan, or have no insurance. If the patient has insurance, they have to provide the health insurance company or the government with a "good faith estimate" of the expected charges with the billing codes for the expected services. If the person does not have insurance, the estimate has to be given directly to the patient. The Secretary of Health and Human Services will have to create a process by January 1, 2022 for uninsured patients who are charged more than their estimates to have their bill determined by an independent dispute resolution authority. Sec. 113: Ensuring Continuity of Care If a health insurance plan ends its contract with a patient's doctor, the health insurance company has to notify the patient and give the patient the opportunity to request and be granted 90 days of keeping the co-payment structure they had while the doctor was in-network. Sec. 114: Maintenance of Price Comparison Tool Health insurance companies will have to offer patients - via telephone and internet - a tool that allows them to compare the co-pays they would be responsible for if they received a service from each of their in-network providers. Sec. 116: Protecting Patients and Improving the Accuracy of Provider Director Information Requires health insurance companies to accurately maintain their in-network provider database. If the patient gets information about a doctor from an outdated database, or if the patient's requests for information go unanswered, the insurance company must charge the patient in-network copays, but the deductible will be applied to the out-of-network maximum limit. TITLE II - TRANSPARENCY Sec. 201: Increasing Transparency By Removing Gag Clauses on Price and Quality Information Health insurance companies will be prohibited from contractually preventing doctors from revealing their pricing agreements to referring doctors, the patient, the patient's employer, or people eligible to be a part of that health insurance plan. Restrictions can be placed upon what information is made public. Sec. 204: Reporting on Pharmacy Benefits and Drug Costs Starting at the beginning of 2022, health insurance companies will annually submit a report to the government about the 50 most common prescription drugs they pay for, the 50 most expensive prescription drugs, and the 50 prescription drugs with the greatest increase in price. The report also has to break down the costs of other categories of care, such as hospital visits, provider costs, and drug costs. They will also have to report on the average amount monthly premiums they receive from employers and patients. TITLE XIV - COVID-19 CONSUMER PROTECTION ACT Sec. 1401: Prohibiting Deceptive Acts or Practices In Connection with the Novel Coronavirus For the duration of the public emergency, it will be illegal for "any person, partnership, or corporation" to deceive anyone in association with a COVID-19 treatment, cure, prevention, or diagnosis or a government benefit related to COVID-19. This will be enforced by the Federal Trade Commission and violators can be fined up to $10,000 per violation. Articles/Documents Article: Want a Bigger Stimulus Check? Consider Filing Your Tax Return Early, By Anna Wilde Mathews, Tom McGinty and Melanie Evans, The Wall Street Journal, February 11, 2021 Article: Want a Bigger Stimulus Check? Consider Filing Your Tax Return Early, By Richard Rubin, The Wall Street Journal, February 6, 2021 Article: Surprise Medical Bills: New Protections for Consumers Take Effect in 2022, By KFF.org, February 4, 2021 Article: Freeloaders and the Fed: Scrutinizing the Federal Reserve’s Secondary Market Bond Purchases Under the CARES Act, By Brandon Brockmyer and Ryan Summers, Pogo, February 3, 2021 Article: Amazon’s quarterly revenue hits record $125.6 billion, By Katherine Khashimova Long, Seattle Times, February 2, 2021 Article: Delay in Extending Unemployment Aid Has Shortchanged Workers $17 Billion in January, By Ellie Kaverman and Andrew Stettner, The Century Foundation, February 2, 2021 Article: Judge mulls striking law barring pandemic relief to strip clubs&firstPage=true), By Jody Godoy, Westlaw Today, January 20, 2021 Article: Libor scandal: the bankers who fixed the world’s most important number, By Liam Vaughan and Gavin Finch, The Guardian, January 18, 2021 Article: Unlucky: Do the recent changes to the Federal Reserve’s powers under Section 13(3) of the Federal Reserve Act inhibit future action?, By White & Case LLP, Lexology, January 7, 2021 News Release: U.S. DEPARTMENT OF LABOR ANNOUNCES NEW GUIDANCE TO STATES ON UNEMPLOYMENT INSURANCE PROGRAMS, Department of Labor, December 30, 2020 Document: Estimate for Divisions O Through FF, H.R. 133, Consolidated Appropriations Act, 2021, Public Law 116-260, By Congressional Budget Office, December 27, 2020 Article: Finally Positive News for Nonprofits: $900 Billion COVID-Relief Package Has Been Approved by Congress, By Rachel Lilienthal Stark, National Law Review, December 22, 2020 Article: Congress Acts To Spare Consumers From Costly Surprise Medical Bills, By Julie Appleby, npr, December 22, 2020 Article: Senators reach deal on Fed powers, setting stage for coronavirus relief passage, By Alexander Bolton, The Hill, December 19, 2020 Article: Fight over Federal Reserve powers holding up year-end deal, By Alexander Bolton, The Hill, December 17, 2020 Article: Borrowers looking to use Fed’s Main Street lending program run into dead end, By Steve Liesman, CNBC, December 8, 2020 Article: Admiral Theatre is among a bevy of adult businesses suing to get a PPP loan. So far, the nightclubs are winning., By Robert Channick, Chicago Tribune, May 21, 2020 Article: Joe Biden: The Heartbreaking Car Accident that Killed His Wife and Daughter, By Tim Ott, Biography, September 28, 2020 Sound Clip Sources News Clip: Dr. Fauci: It will be ‘open season’ by April for everyone to receive vaccines, Today, February 11, 2021 Hearing: Safeguarding American Consumers: Fighting Fraud and Scams During the Pandemic, House Committee on Energy and Commerce: Subcommittee on Consumer Protection and Commerce, February 4, 2021 Watch on Youtube Witnesses: Bonnie Patten Executive Director of TruthInAdvertising.org Jessica Rich Distinguished Fellow at the Institute for Technology Law and Policy at Georgetown Law School Former Director of Consumer Protection at the Federal Trade Commission She served at the FTC for 26 years Transcript: 44:40 Bonnie Patten: The list of deceptively marketed products and services exploiting this pandemic is extensive. CBD products marketed to military veterans as a Coronavirus treatment, bleach advertised as a liquid cure all, Wellness Centers targeting first responders, with IV vitamin drips to protect against COVID-19. Amazon and eBay sellers falsely claiming that their PPE FDA approved. Hand sanitizer marketed is protecting for 24 hours against COVID-19. Alleged immune immunity boosting supplements targeting children. Colloidal Silver solutions advertised as having the ability to kill the virus from within. Toothpaste and teeth whitening products claiming to prevent COVID-19 and Sham wellness kits targeting seniors. Unfortunately, the deception does not stop with outrageous health claims. Many are exploiting the economic desperation wrought by this pandemic. Multi level marketing companies claiming people can earn full time pay working part time. Lending companies deceptively using the cares act to exploit college students. Investment scams claiming to have patented COVID cures and financial entities pretending to be SBA authorized lenders to lure in small businesses struggling to keep their workers employed. 46:15 Bonnie Patten: And to make matters worse, the agency primarily charged with policing these deceptive acts, the FTC, is now at risk of losing a mainstay of its enforcement authority and the ability to make victims whole under Section 13-b. Because 13-b does not specifically say anything about equitable relief when a permanent injunction is issued, the Supreme Court is now deciding the remedial scope, if any of 13-b in the case AMG vs FTC. AMG was a payday lending scheme that extracted money from people in desperate circumstances and in its appeal, the company does not dispute that it violated the law. Instead, it argues that the $1.3 billion it's stole should be it's to keep. AMG asserts that it was never Congress's intention for the FTC to return money to victims of fraud under 13-b. Quite to the contrary. AMG argues that this legislative body fully endorsed the notion that wrongdoers should pocket the money they've illegally taken when it drafted 13-b. If the Supreme Court rules in AMG's favor, and this Congress does not act to empower the FTC to seek restitution under 13-b, then the deceptive practices I have enumerated will only multiply. 1:17:40 Jessica Rich: The new law covers a huge amount of scams. It's very broad as to COVID scams. So if a company engages in any of that activity, the FTC can pursue civil penalties and so just as Miss Patton just said, it's very important for deterrence to make it painful for fraudsters to rip off consumers. 1:18:20 Rep. Frank Pallone (NJ): But now that the FTC has this authority to find companies who've committed fraud and scams related to the pandemic under this new law, why is it still important to ensure that the FTC 13 b authority is preserved? Why is that so important? Bonnie Patten: COVID scams are terrible, but they're one of many frauds that the FTC has to fight all year long in and out of a pandemic. So in many of those cases, the FTC doesn't have civil penalty authority, and its rigorous authority is under threat. So it's a much broader problem that goes beyond the COVID scams that are occurring here. And so it still needs to be fixed. 2:23:25 Rep. Darren Soto (FL): Is this being sufficiently used already by the FTC? Do you anticipate gaps in all this law realizing it just was passed? Bonnie Patten: To my knowledge, the FTC has not yet used that act. But that's the only information I know, that there's no public on their website. It does have gaps. It does. You cannot target work from home scams using this, because it's really focused primarily on government benefits, scams and healthcare scams. But what I would say is that, while it's absolutely critical to have an act like this, at this time, during the pandemic, I would warn you that it doesn't provide for coverage for the next disaster. For the next earthquake for the next fire, what have you, there are unfortunately will always be a segment of our population that is in devastating events. And so I think that legislation is necessary that covers all such events and not just focused on the pandemic. Hearing: Examination of Loans to Businesses Critical to Maintaining National Security, Congressional Oversight Commission, December 10, 2020 Witnesses: Eric Rosengren - President and Chief Executive Officer of the Federal Reserve Bank of Boston Gwen Mills - Secretary Treasurer of Unite Here Lauren Anderson - Senior Vice President & Associate General Counsel of the Bank Policy Institute Transcript: 03:20 Bharat Ramamurti: Four months ago, Congress gave the Treasury Department half a trillion dollars to stabilize the economy. The Treasury quickly pledged 75 billion of those dollars to the Federal Reserve's Main Street lending program for small and mid sized companies. After taking three months to set up the program, the Fed has now been operating it for about a month. In that time, it has supported only 18 loans for a total of $104 million. That is 0.017% of the $600 billion lending capacity that the Fed touted for the program in April. 16:07 Eric Rosengren: This facility is very different than some of the other traditional kinds of facilities that central banks operate during a time of crisis. So most of our facilities operate through markets, market securities, you can purchase them very easily through the market. They clear usually in a couple days depending on the security. So it's relatively easy to quickly purchase a large number of securities and hold those securities over time. This facility is a facility we didn't have during the financial crisis, and really tries to get to a different segment of the population, which is those businesses that are bigger than the PPP program was designed for and smaller than what the corporate facilities are designed for. Session: The Senate confirmed two nominations to the National Labor Relations Board, Senate, July 29, 2020 Session: Senate Session, Part 2:The Senate confirmed two nominations, Senate, July 28, 2020 News Clip: Senate GOP outlines next coronavirus relief bill as deadline for enhanced unemployment benefits nears, CBS News, July 28, 2020 Hearing: NO MORE SURPRISES: PROTECTING PATIENTS FROM SURPRISE MEDICAL BILLS, Committee on Energy and Commerce: Subcommittee on Health, June 12, 2019 Watch on Youtube Witnesses: Sonji Wilkes: Patient Advocate Sherif Zaafran, MD: Chair of Physicians for Fair Coverage Rick Sherlock: President and CEO of Association of Air Medical Services James Gelfand: Senior Vice President of Health Policy at The ERISA Industry Committee Thomas Nickels: Executive Vice President of the American Hospital Association Jeanette Thornton: Senior Vice President of Proiduct, Employer, and Commercial Policy at Americas’ Health Insurance Plans Claire McAndrew: Director of Campaigns and Partnerships at Families USA Vidor E. Friedman, MD: President of American College of Emergency Physicians Transcript: 51:50 CEO Rick Sherlock: $10,199 was the median cost of providing a helicopter transport. While Medicare paid $5,998, Medicaid paid $3,463 and the uninsured paid $354. This results in an ongoing imbalance between actual costs and government reimbursement and is the single biggest factor in increasing costs. 53:45 Senior VP James Gelfand: We're focused on three scenarios in which patients end up with big bills they couldn't see coming or avoid. Number one, a patient receives care at an in-network facility, but is treated by an out of network provider. Number two, a patient requires emergency care, but the provider's facility or transportation are out of network. And number three, a patient is transferred or handed off without sufficient information or alternatives. It's usually not the providers you're planning to see. It's anesthesiologists, radiologists, pathologists, or emergency providers or transport or an unexpected trip to the NICU. Many work for outsourced medical staffing firms that have adopted a scam strategy of staying out of networks, practicing at in-network facilities and surprise billing patients. It's deeply concerning, but the problem is narrowly defined and therefore we can fix it. Hearing: Safeguarding American Consumers: Fighting Fraud and Scams During the Pandemic, House Committee on Education and Labor, April 2, 2019 Watch on Youtube Witnesses: Christen Linke Young: Fellow at USC-Brookings Schaeffer Initiative on Health Policy Ilyse Schuman: Senior Vice President for Health Policy at American Benefits Council Frederick Isasi, Executive Director at Families USA Professor Jack Hoadley: Research Professor Emeritus at Georgetown University’s Health Policy Institute Transcript: 33:50 Frederick Isasi: Take for example, one significant driver of this problem. The movement of hospitals to offload sapping requirements for their emergency departments to third party management companies. These hospitals very often make no requirements of these companies to ensure the staffing of the ED fit within the insurance networks that the hospitals have agreed to. As a result, a patient who does their homework ahead of time and rightly thinks they're going to an in network hospital, received services from an out of network physician and a surprise medical bill follows. 43:30 Chairman Frederica Wilson (FL): Under current law, who is responsible for making sure that a doctor or a hospital is in-network? Is it the doctor, the insurance company or the patient themselves? Frederick Isasi: Uh, chairman Wilson, thank you for the question. To be very clear, it is the patient themselves that has a responsibility and these negotiations are very complex. These are some of the most important and intense negotiations in the healthcare sector between a payer and a provider. There is absolutely no visibility for a consumer to understand what's going on there. And so the notion that a consumer would walk into an emergency department and know, for example, that their doctor was out of network because that hospital could not reach agreement on an in-network provider for the ED is absurd, right? There's no way they would ever know that. And similarly, if you walk in and you received surgery and it turns out your anesthesiologist isn't in-network, there's no way for the consumer to know that. Um, and I would like to say there's some discussion about transparency and creating, you know, sort of provider directories. We've tried to do that in many instances. And what we know is that right now the healthcare sector has no real way to provide real actual insight to consumers about who's in-network, and who's out of network. I would-probably everybody in this room has tried at some point to figure out if a doctor's in-network and out of network and as we know that system doesn't work. So this idea that consumers can do research and find out what's happened behind the scenes in these very intensive negotiations is absurd and it doesn't work. 46:30 Professor Jack Hoadley: Provider directories can be notoriously inaccurate. One of the things that, even if they are accurate, that I've seen in my own family is you may be enrolled in Blue Cross-You ask your physician, "are they participating in Blue Cross? They say "yes", but it turns out Blue Cross has a variety of different networks. This would be true of any insurance company, and so you know, you may be in this one particular flavor of the Blue Cross plan and your provider may not participate in that particular network. 1:01:25 Rep. Phil Roe (TN): I've had my name in networks that I wasn't in. That you-that you use, and many of those unscrupulous networks, will use that too to get people to sign up because this doctor, my doctor is in there when you're really not. Cover Art Design by Only Child Imaginations Music Presented in This Episode Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)

The future of the Affordable Care Act is uncertain with a Supreme Court vacancy. Terry and Dr. Bob discuss protections for preexisting conditions, and Congressman Michael Burgess speaks on the need for price transparency and passing rebates onto patients. Plus, one of Congressman Burgess’ constituents shares her struggles with accessing her medication due to copay accumulators and specialty pharmacy procedures. Guest:Congressman Michael C. Burgess, M.D. U.S. Representative, Texas’ 26th Congressional District Since 2003, Congressman Michael C. Burgess has served the constituents of Texas’ 26th Congressional District. Prior to his election to Congress, Rep. Burgess spent nearly thirty years as a practicing physician.Rep. Burgess currently serves on the prestigious House Energy and Commerce Committee as the Republican Leader of the House Energy and Commerce Subcommittee on Health, and also sits on the Subcommittee on Oversight and Investigations and the Subcommittee on Consumer Protection and Commerce. In addition, he is a member of the powerful House Rules Committee. As of the 115th Congress, Rep. Burgess is the most senior medical doctor, on both sides of the aisle, serving in the House of Representatives. Because of his medical background, Rep. Burgess has been a strong advocate for health care legislation aimed at reducing health care costs, improving choices, reforming liability laws to put the needs of patients first, and ensuring there are enough doctors in the public and private sector to care for America’s patients and veterans. He has voted to repeal the Affordable Care Act over 50 times and has played an important role in bipartisan efforts to reform the Food and Drug Administration.Rep. Burgess earned his medical degree from the University of Texas Medical School in Houston, and his master’s degree in medical management from the University of Texas in Dallas. Hosts:Terry Wilcox, Executive Director, Patients RisingDr. Robert Goldberg, “Dr. Bob”, Co-Founder and Vice President of the Center for Medicine in the Public Interest.Kate Pecora, Field Correspondent Links:U.S. Congressman Michael C. BurgessPatientTexas TwitterPatients Rising Concierge Need help?The successful patient is one who can get what they need when they need it. We all know insurance slows us down, so why not take matters into your own hands. Our Navigator is an online tool that allows you to search a massive network of health-related resources using your zip code so you get local results. Get proactive and become a more successful patient right now at PatientsRisingConcierge.orgHave a question or comment about the show, want to suggest a show topic or share your story as a patient correspondent?Drop us a line: podcast@patientsrising.orgThe views and opinions expressed herein are those of the guest(s)/ author(s) and do not reflect the official policy or position of Patients Rising.

In this episode, we focus on why #WeHaveHerBack. You heard it recently in the wake of Sen. Kamala Harris’s selection as the vice presidential candidate for the Democratic ticket. #WeHaveHerBack is as a powerful challenge to newsrooms to avoid sexism in media representation. Tina Tchen, president and CEO of Time’s Up Now, joins host Dr. Michele Goodwin to talk the importance of having Harris’s back—and other women candidates’ backs, too. Today’s episode also focuses on women’s political leadership, starting with the urgent need to repeal the Helms Amendment. Dr. Goodwin is joined by two pathbreaking members of Congress—Representatives Jan Schakowsky and Barbara Lee—to discuss why women’s leadership has been central to forging political representation, equality and fighting for reproductive health, rights and justice—at home and abroad. Their leadership helps to put in context why the #WeHaveHerBack campaign is so important, and why women’s leadership matters. This week, on the issues: • Representative Barbara Lee represents California’s 13th district, which serves Oakland and the East Bay. She is the highest-ranking Black woman in Congress. She is also a senior member of the Appropriations Committee, serves as co-chair of the majority leader’s Task Force on Poverty and Opportunity, co-chair of the Pro Choice Caucus, and is former chair of the Congressional Black Caucus and Congressional Progressive Caucus. • Representative Jan Schakowsky represents Illinois's 9th congressional district, which includes Chicago's North Side. She is the House senior chief deputy whip, chair of the Energy and Commerce Consumer Protection and Commerce Subcommittee, and chair of the Congressional Pro-Choice Caucus Providers and Clinics Task Force. • Tina Tchen is president and CEO of Time’s Up Now. She is the former assistant to President Barack Obama and served as chief of staff to First Lady Michelle Obama. She was also the executive director of the White House Council on Women and Girls.Support the show (http://msmagazine.com)

China engages in egregious “innovation mercantilism,” including massive tech subsidies and forced tech transfer, all designed to have China replace America as the global tech leader. It’s time for America to rise to the challenge by developing its own plan to maintain competitive advantage in advanced and emerging technology industries that are critical to U.S. economic and national security. Rob and Jackie discuss all of this—along with what an Energy and Commerce agenda might look like next Congress--with Representative Cathy McMorris Rodgers (R-WA), Ranking Member on E&C’s Consumer Protection and Commerce Subcommittee.Mentioned:Walden, McMorris Rodgers Announce Emerging Tech AgendaAll Information (Except Text) for H.R.6950 - GAINS ActDaniel Castro and Michael McLaughlin, “Ten Ways the Precautionary Principle Undermines Progress in Artificial Intelligence” (ITIF, February 2019).Related:Robert D. Atkinson, “How China’s Policies Have Stifled Global Innovation” (ITIF, January 2020).Robert D. Atkinson, “The Case for a National Industrial Strategy to Counter China’s Technological Rise” (ITIF, April 2020).

Wednesday, June 3, 2020 ~ Tim Walberg, Congressman of Michigan’s 7th District talks about today’s House Energy and Commerce Subcommittee hearing on the states response to COVID-19, Congressman Walberg questioned Governor Gretchen Whitmer on Michigan’s response to the situation in the states nursing homes.

When Congress (finally) returned from their COVIDcation, experts in medicine, vaccine development, law, and business testified under oath. In this episode, hear the highlights from 17 hours of that expert testimony during which you'll learn about a concerning new vaccine development policy, Mitch McConnell's dangerous demands for the next COVID-19 response law, and how Republicans and Democrats failed for the last two decades to secure the nation's medical mask supply.  Thank you to all Congressional Dish producers who make the independence of this podcast possible. Enjoy your show!  Please Support Congressional Dish – Quick Links Click here to contribute monthly or a lump sum via PayPal Click here to support Congressional Dish for each episode via Patreon Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank’s online bill pay function to mail contributions to: 5753 Hwy 85 North, Number 4576, Crestview, FL 32536 Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Articles/Documents Article: Scientists Worldwide Are Questioning A Massive Study That Raised Concerns About The Malaria Drug Hyped As A COVID-19 Treatment By Stephanie M. Lee, Buzz Feed News, May 30, 2020 Article: CORPORATE IMMUNITY, MITCH MCCONNELL’S PRIORITY FOR CORONAVIRUS RELIEF, IS A LONGTIME FOCUS OF THE CONSERVATIVE RIGHT By Akela Lacy, The Intercept, May 26, 2020 Press Release: Trump Administration’s Operation Warp Speed Accelerates AstraZeneca COVID-19 Vaccine to be Available Beginning in October, U.S. Department of Health and Human Services, May 21, 2020 Article: Social Distancing Is Not Enough By Derek Thompson, The Atlantic, May 22, 2020 Article: Federal agency finds 'reasonable grounds to believe' Rick Bright's whistleblower claims: NYT By Eric Sagonowsky, Fierce Pharma, May 8, 2020 Article: McConnell’s coronavirus business liability pledge sparks lobbying frenzy By Jennifer Haberkorn, Los Angeles Times, May 6, 2020 Article: FDA cautions against use of hydroxychloroquine or chloroquine for COVID-19 outside of the hospital setting or a clinical trial due to risk of heart rhythm problems, U.S. Food & Drug Administration, April 24, 2020 Article: As workers face virus risks, employers seek liability limits By Emily Kopp, Roll Call, April 17, 2020 Article: Hydroxychloroquine: how an unproven drug became Trump’s coronavirus 'miracle cure' By Julia Carrie Wong, The Guardian, April 17, 2020 Article: Sunlight exposure increased Covid-19 recovery rates: A study in the central pandemic area of Indonesia By Al Asyary and Merita Veruswati, ScienceDirect, Elsevier, 10 April 2020 Resources Tweet @JenBriney, Jennifer Briney, Twitter, May 27, 2020 Sound Clip Sources News Alert: Trump says he's taking hydroxychloroquine despite FDA warnings, Axios, Fox News, May 18, 2020 Interview: McConnell says next stimulus must have coronavirus liability protections, By Noah Manskar, The New York Post, Fox News, May 15, 2020 Hearing: Protecting Scientific Integrity in the COVID-19 Response, United States House Committee on Energy and Commerce Subcommittee on Health, May 14, 2020 Watch on Youtube Watch on CSPAN Witnesses: Dr. Richard Bright - Former Director of BARDA, current Senior Advisor at the National Institutes of Health Mike Bowen - Executive Vice President of Prestige Ameritech Transcript: 51:40 Rep. Ana Eshoo (CA): Was there a failure to respond with the needed urgency when you correctly pushed to ramp up production of masks, respirators, syringes, swabs. Dr. Rick Bright: Congresswoman, we've known for quite some time that our stockpile is insufficient and having those critical personal protective equipment. So once this virus began spreading and became known to be a threat, I did feel quite concerned that we didn't have those supplies. I began pushing urgently in January along with some industry colleagues as well. And those urges, those alarms were not responded to with action. 52:15 Rep. Ana Eshoo (CA): Was there a failure to take immediate action when you correctly push to acquire additional doses of the drug Remdesivir, which is the only drug so far that has appeared to be at least mildly effective, thank God, for treating people with COVID-19? Dr. Rick Bright: There was no action taken on the urgency to come up with a plan per acquisition of limited doses that Remdesivir nor to distribute those limited doses of Remdesivir once we had the scientific data to support their use for people infected with this virus. 1:04:00 Rep. Frank Pallone (NJ): My concern is, I'm very critical administration in terms of their I call it incompetence, with the supply chain, with lack of testing. I'm afraid the same thing is going to happen with vaccines and once it's in the distribution. I mean, should I be concerned based on your experience? Dr. Rick Bright: Absolutely, sir. We're already seeing those challenges with limited doses of Remdesivir with data that we're getting that Remdesivir has some benefit in people. And we have limited doses and we haven't scaled up production and we don't have a plan and how to fairly and equitably distribute that drug. If you can imagine this scenario, this fall or winter, maybe even early next spring, when vaccine becomes available. There's no one company that can produce enough for our country or for the world. It's gonna be limited supplies. We need to have a strategy and plan in place now to make sure that we can not only feel that vaccine, make it, distribute it, but administer it in a fair and equitable plan. And that's not the case at all. We don't have that yet and it is a significant concern. 1:11:50 Dr. Rick Bright: Normally it takes up to 10 years to make a vaccine. We've done it faster in emergency situations. But from when we had starting material in the freezer for Ebola, but for a novel virus is actually haven't been done yet that quickly. So a lot of optimism is swirling around a 12 to 18 month timeframe. If everything goes perfectly - we've never seen everything go perfectly. My concern is if we rush too quickly and considered cutting out critical steps, we may not have a full assessment of the safety of that vaccine. So it's still going to take some time. I still think 12 to 18 months is an aggressive schedule. And I think it's going to take longer than that to do so. Rep. Eliott Engel (NY): 12 to 18 months from now, or 12 to 18 months from when this all started at the beginning of the year? Dr. Rick Bright: It will be 12 to 18 months from when the particular manufacturers has first received the material or information that they need to start developing that vaccine. It's critical to note when we say 12 to 18 months. That doesn't mean for an FDA approved vaccine. That means to have sufficient data and information on the safety and immunogenicity if not efficacy, to be able to use on an emergency basis. And that is a consideration that we have in mind when we talk about an accelerated timeline. 1:14:20 Dr. Rick Bright: Congressmen our concern's centered around the potential use of chloriquine in people who are infected with this Coronavirus. There are data, the effective use and safe use of chloriquine in malaria patients and other patients and other indications. We also knew that there are potential safety risks with chloriquine they cause irregular heart rhythms, and even in some cases death. So our concern was with limited information and knowledge, especially of its use in COVID-19 infected patients and the potential for those risks, then we should make sure that any studies with that drug are done in a carefully controlled clinical study and a close watchful eye of a physician so they could respond to a patient if they did experience one of those adverse events. There wasn't sufficient data at that time to support use of this drug in patients with COVID-19 without close physician supervision. Rep. Eliott Engel (NY): And when you raised that issue of chloriquine use in Coronavirus patients with HHS leadership. What happened to you you removed as a director of BARDA. Is that not true? Dr. Rick Bright: I believe part of that removal process for me was initiated because of a push back that I forgave when they asked me to put in place an expanded access protocol that would make chloriquine more freely available to Americans that were not under the close supervision of a physician and may not even be confirmed to be infected with the coronavirus. The sciences, FDA, BARDA, NIH and CDC worked hard to switch that to a emergency use authorization with strict guardrails that the patients would be in a hospital confirmed to be infected with this virus under close supervision of a doctor and who could not otherwise participate in a randomized controlled study. My concerns were alleviated somewhat by being able to lock that in the stockpile with those conditions. However, my concerns were escalated when I learned that leadership in the department health and human services were pushing to make that drug available outside of this emergency use authorization to flood New York, New Jersey with this drug, regardless of the EUA and when I spoke outside of our government and shared my concerns for the American public, that I believe was the straw that broke the camel's back and escalated my removal. 1:47:15 Rep. Kathy Castor (FL): Dr. Bright you understood that America would face a shortage of respirators in January? Is that right? Dr. Rick Bright: We understood America would face a shortage of N95 respirators for a pandemic response in 2007. And we have exercise and known and evaluated that number almost every year since 2007. It was exercised even as late as early as 2019, August in Crimson contagion, that we would need 3.5 billion in 95 respirators in our stockpile to protect our healthcare workers from a pandemic response. Rep. Kathy Castor (FL): And you sounded the alarm repeatedly. But were ignored by the senior leadership at the Department of Health and Human Services. Please explain what steps you took and the responsibilities you received. Dr. Rick Bright: We knew going into this pandemic that critical medical equipment would be in short supply. I began getting alerts from industry colleagues in mid and late January, telling me that from an outside view, from the industry view that the supply chain was diminishing rapidly telling me that other countries that we relied on to supply many of these masks were blocking export and stopping transfer of those masks to the United States. I learned that China was trying to buy the equipment from the United States producers to have it shipped to China so they could make more. In each of these alerts, and there were dozens of these alerts, I pushed those forward to our leadership and asked for Dr. Cadillac and his senior leadership team. I pushed those warnings to our critical infrastructure protection team. I pushed those warnings to our Strategic National Stockpile team who has the responsibility of procuring those medical supplies for our stockpile. In each of those. I was met with indifference, saying they were either too busy they didn't have a plan. They didn't know who was responsible for procuring those. In some cases they had a sick child and we'll get back to it later in the week. A number of excuses, but never any action. It was weeks after my pushing that finally a survey was sent out to manufacturers or producers of those masks. A five page survey asking producers or companies if they actually made those masks. Rep. Kathy Castor (FL): In your whistleblower filing you discuss a February 7th meeting of the department leadership group, but which you urge the department to focus on securing and 95 masks. Can you describe what happened at that meeting? Dr. Rick Bright: They informed me that they did not say believe there was a critical urgency to procure mass. They conducted some surveys, talked to a few hospitals and some companies and they didn't yet see a critical shortage. And I indicated that we know there will be a critical shortage of these supplies. We need to do something to ramp up production. They indicated if we notice there is a shortage that we will simply change the CDC guidelines to better inform people who should not be wearing those masks. So that would save those masks for healthcare workers. My response was, I cannot believe you can sit and say that with a straight face. That was an absurd. Rep. Kathy Castor (FL): In fact, it took three months from your initial warnings - until mid April for the federal government to invoke its authority under the Defense Production Act, to require the production of millions of more N-95 masks. And even then, the administration required the production of only 39 million masks which is far fewer than you and other experts said that we would need. What was the consequence of this three month delay and inadequate response. Were lives in danger? Dr. Rick Bright: Lives were in danger and I believe lives were lost. And not only that, we were forced to procure the supplies from other countries without the right quality standards. So even our doctors and nurses in the hospitals today are wearing N-95 Mark masks from other countries that are not providing the sufficient protection that a US standard N-95 mask would provide them. Some of those masks are only 30% effective. Therefore, nurses are rushing in the hospitals thinking they're protected and they're not. 2:15:50 Dr. Rick Bright: I believe there's a lot of work that we still need to do. And I think we need still, I don't think I know, we need still a comprehensive plan and everyone across the government and everyone in America needs to know what that plan is and what role they play. There are critical steps that we need to do to prepare for that fall, for that winter coming. We do not still have enough personal protective equipment to manage our healthcare workers and protect them from influenza and COVID-19. We still do not have the supply chains ramped up for the drugs and vaccines and we still don't have plans in place on how we distribute those drugs and vaccines. And we still do not have a comprehensive testing strategy. So Americans know which tests do what, what to do with that information. And we know how to find this virus and trap it and kill it. There's a lot of work we still have to do. 3:40:15 Dr. Rick Bright: I think what's really interesting about the testing story that gets lost in the narrative sometimes is the confusion about the different types of tests. There's an antigen test that tells you if you have the virus in you, there's a PCR test, it says it may the fragments of the virus and there's antibody tests, it looks at your antibody titer to try to tell you you've been exposed already maybe immune to that the virus. There's a lot of confusion, I think the first thing HHS needs to do is determine which of those tests is most important to achieve which objective. If the antigen test is was needed, because it's faster and lower cost, and more readily available, in some cases, what does it tell Americans? What does it tell employers? What does it tell schools about the potential for an individual who has a positive or negative on that test and their potential to have different results the next day or later that day? There's a lot of confusion about these tests. So I think the first thing that HHS should do is determine the type of test and how that test would be used effectively. And then make sure that we have enough of those types of tests and they're in the right place and the people using them know what the data tells them and how to use it effectively. I think there's a lot of confusion there and they need leadership in HHS to distinguish those challenges and clarify that for the American public. 3:41:30 Rep. Blunt Rochester (DE): Why do you think that our nation has struggled with ramping up the testing capacity, unlike other countries, and were there contingencies in place or a backup, in light of this situation we're in now. Dr. Rick Bright: I think part of the struggle is waiting too late to think about it and to get it started. When we've had conversations with some manufacturers, they've been very creative and how they can ramp up. Another part of the challenge is, we have allowed many of these capabilities to be offshore. And so we have much more capability of expanding domestic capacity when it's in our country, and we can ramp up and bring innovation to those companies in the US. But if the supply chain is offshore, and there's a global need and competition for that supply chain, that also significantly impairs our ability to ramp up. 3:47:30 Dr. Rick Bright: We need to have a strategy that everyone follows, the same strategy, to test for the word the viruses who's infected with this virus. And then we have to appropriately isolate that person in quarantine so they don't infect others. And we rapidly need to trace their contacts to understand who they may have been exposed to, and be able to test to those individuals. And if they've been infected as well, we need to be able to isolate those. Through a concerted coordinated effort across the country, we can be able to identify where that virus is who's been exposed, give those people proper treatment and isolation and can slow the spread of this virus significantly. But that has to be in a coordinated way. We have to have the right tests and enough of those tests. It's not something we do once and we're done. It's something we have to continually do in the community. So it's not just that we need one test for every person in America. We need multiple tests and the right types of tests. We need the right types of individuals and professionals who know how to use those tests to trace the individual contacts and to isolate that virus and stop it from spreading. 4:11:00 Mike Bowen: Until 2004, 90% of all surgical masks worn and I'm including surgical respirators, were domestically made. That year, or about around that year. All of the major domestic mask sellers switched from selling domestically made masks to selling imported masks. Prestige Ameritech was founded in 2005 recognized this as a security issue in 2006. We thought that once America's hospitals learned that their mask supplies were subject to diversion by foreign governments, during pandemics, they would switch back to U.S. made masks. We were wrong. In November of 2007, we received a phone call from BARDA asking for a tour of our mask factory. BARDA was acting on George W. Bush's Presidental Directive 21, the purpose of which was to review America's disaster plans. Brenda Hayden with BARDA gave a presentation which showed that BARDA was concerned about the foreign controlled mask supply. We were thrilled that BARDA had discovered the issue until Brenda said that BARDA was only charged with studying the problem. We were disappointed but we took consolation in the fact that finally, a federal agency knew that the mask supply was in danger. We were very happy to have an ally. Two years later, I received a call from Brenda Hayden. She started the conversation by saying, we have a situation. Her serious tone caused me to ask her if she was talking about a pandemic. And she said, Yes. She asked if we could ramp up production, and I said yes. We built more machines bought an abandoned Kimberly Clark mask factory and tripled and tripled our workforce. America's hospitals needed us and we rose to the occasion. We told them about the high cost of ramping up. And they said they would stay with us. Unfortunately most returned to buying cheaper foreign made masks when they became available. The company survived by laying off 150 people who helped save the US mask supply by taking pay cuts. And by taking on more investors. The H1N1 pandemic, this is 2009 2010, wasn't severe enough to cause the foreign health officials to cut off mask shipments to America. So our predictions didn't come true...yet. In a weakened state, but undaunted, Prestige Ameritech continued saying that the US mask supply was headed for failure. We just didn't know when. In 2004 to give my security story more issue, I formed the Secure Mask Supply Association. You can find it at securemasksupply.org. Paraphrasing Ben Franklin, I told three competing domestic mask makers that if we didn't hang together, we would hang separately, as China was poised to put all of us out of business and put the country at even greater risk, Crosstex, Gerson, and Medecom all with domestic mask making factories agreed and joined the SMSA. Unfortunately, the Secure Mask Supply Associations warnings were also unheeded. During my quest to secure the US mask supply, I had the privilege of working with three BARDA directors, Dr. Robin Robinson, Dr. Richard Hatchet, and Dr. Rick Bright. They were helpful and they encouraged me to go continue warning people about the mask supply. I'll say a little bit more about that. After years of doing this, I quit many times. And the only reason I kept doing it is because of the directors of BARDA. They would encourage me and asked me not to not to quit. They said that they would express their concerns about the masks supply to anyone that I could get to call them. Anyone except reporters. They weren't allowed to talk to reporters, which was very frustrating to me. They also weren't allowed to endorse the Secure Mask Supply Association. Dr. Robinson was going to do so until HHS attorneys told him that it could cost him his job. He called me personally on vacation to tell me that I can confirm that the emails and Dr. Bright's complaint are mine. They are merely the latest of 13 years of emails I sent to BARDA in an effort to get HHS to understand that the US mask supply was destined for failure, Robinson, Hatchet and Bright all wanted to remedy the problem. In my opinion, they didn't have enough authority. Their hearts were in the right places. America was told after 911 that governmental silos had been torn down so that different federal federal agencies could work together for national securities. But I didn't see any of that. The DOD, the VA, the CDC and HHS could have worked together to secure America's mask supply. I suggested this to BARDA and to the CDC on several occasions. 4:23:00 Rep. Greg Walden (OR): This is your email to Dr. Bright and to Laura wolf. It says and I quote, "my government strategy is to help the US government if and only if the VA and DOD become my customers after this thing is over. Mike Bowen: Yes, sir. Rep. Greg Walden (OR): So Madam Chair, I'd like to submit the mail for the record. We'll send you an electronic copy as per our agreements here. Now, Mr. Cohen, I'm sorry. You said you want to help the U.S. government, you want to help Americans get the masks. Yet it appears that there seems to be a condition here. I assume that's because in the past, you ramped up, things went away, people bought from other manufacturers. And so here you're saying, and I have it here in the email, 'My strategy is to help my existing customers and bring on new customers who are willing to sign a long term contract. My government strategy is to help the US government if and only if the VA and DOD become my customers after this thing is over.' And here we were in a crisis is masks are going overseas now. The US government's not your only purchaser, right? Mike Bowen: The U.S. government has never bought from me except during a pandemic, sir. Rep. Greg Walden (OR): Okay. And so... Mike Bowen: In that email, and that statement, was basically saying that I don't want the government to only call me in a pandemic. Give me business during peacetime so that I can survive to help you during a pandemic. Rep. Greg Walden (OR): Did you ever ask for a sole source contract? Mike Bowen: I have. I have been on the DOD and the VA business. And I continually lose to masks that are made in Mexico, because the DOD does not obey the Berry Amendment. They buy foreign masks made in Mexico, because Mexico is a friend of ours and is called a TAA compliant country. Made the decision based on price... Rep. Greg Walden (OR): How long...Sir, if I may, can I reclaim my time? How long, you said you couldn't turn on these lines of manufacturing very quickly. How long? If you got a big order from the government today, would it take you to produce masks? Mike Bowen: Three or four months and the government wants to do that right now. HHS is asking me to do that. Rep. Greg Walden (OR): And it will take three to four months? Mike Bowen: Yes, I'm told. I told him it's going to take three or four months. They only want masks to the end of the year. So I would have to hire 100 people to train 100 people and then fire them at the end of the program. I'm not going to do that. Again. I don't want the government to only deal with me when... Rep. Greg Walden (OR): My time is expired. Madam Chair, I yield back. 4:29:45: *Mike Bowen:** Let me say this: China sells a box of masks for $1. I don't think anybody's making any profit doing that, because I sell them for about $5. So if their prices are so cheap that they've captured most of the world's mass market. Rep. Elliot Engel (NY): Does the government subsidize the Chinese government, the Beijing government? Mike Bowen: I don't know that. I don't know. All I know is their masks cost less than than materials. If I take my labor costs totally out, I'm still nowhere near the cost of their products. 4:30:30 Rep. Elliot Engel (NY): What steps can the federal government take to incentivize more medical manufacturing of critical equipment like surgical face masks in the United States? Mike Bowen: Well as in a letter that I sent to President Obama, I don't think it requires money. I think it requires the government saying and it's a national security problem. It requires the CDC telling America's hospitals, they are too dependent on foreign aid masks, and put them in legal liability. They have to protect their patients and staff. If in a public forum like this, you say, this is a national security issue, then those hospitals' attorneys are probably going to get on the ball and tell their hospitals to buy American made products. And they don't cost that much. The whole market is only a couple of hundred million dollars. This whole problem, this is a $30 million problem, folks, just for people trying to save pennies across the whole United States. It's not some multibillion dollar problem. 4:36:20 Rep. Brett Guthrie (KY): Mike Bowen: You thought it was necessary to go through Dr. Bright. You couldn't get anybody else to listen to them and Dr. Bright under No, no, no, you got it all wrong. First of all I wasn't looking for I'm just trying to find the information. Oh yeah. I wasn't looking for business. I opened my email. I don't need your business. My phones are ringing off the wall. I'm just I thought of BARDA - Dr. Robinson, Dr. hatchet and Dr. Bright. I thought of them as brothers in arms, and who they couldn't buy my products. I knew that. But they were the only people who believed it. I would like everybody to go to YouTube, put in Michael Burgess and Prestige Ameritech you'll see Mr. Burgess talking at our factory 10 years ago. You'll see him say that only 10% of the mask supplies are made in the United States. I talked to Michael Burgess. Ron Wright. Joe Barton. Patrick Leahy. My associate Matt Conlin talked to Chuck Schumer. I wrote Barack Obama letters, wrote President Trump and everybody in his early administration, Defense Secretary Mattis, General Jeffrey Clark, Nicole Lurie and Anita Patel with CDC, National Academies of Science. Greg Burrell, hundreds of hospitals, hospital purchasing groups, the hospital risk Managers Association. The hospital risk managers Association. Told them the mask supply is going to collapse, this is a risk. Nobody listened. Association of Operating Nurses, the Defense Department, the Veterans Department, Texas Governor Rick Perry. State Texas Rep. Bill Zedler, by the way, Bill Zedler got in dozens of reporters. I've been in every news show. I've done this for 13 years. Nobody listened. And my conscience is clean, Mr. Guthrie. I've been working on this damn issue for 13 years trying to save lives. Nobody listened. And now, I'm not going to take any of this. 4:46:20 Rep. Morgan Griffith (VA): We can't guarantee you a contract. I think everybody agrees we've got to have more made in America. Why not ramp up with the understanding that the policy is likely to change? I think it will change because I think we don't, whether it be masks or other PPE or drug supply, we're going to have to have a significant portion of these items made in the United States going forward. Knowing that, and your phone's ringing off the hook, why not ramp up those four lines? Mike Bowen: Because one day, the pandemics gonna end and the the usage will go down to the basement again, where it was there'll be 10 times less usage. And I'll have all these machines and people and these materials and have nothing to do with them. That's what happened to us before. It was a very difficult thing to ramp up. And let me say this again, let me remind you that we have ramped up. We've gone from making 75,000 respirators I'm going to about four... In 40 days, we'll be ramped up to making 4 million respirator per month. So don't concentrate on these four Chinese machines that we really don't know much about and would be a total pain to get going on top of... I'm trying not to kill my business partner who is in charge of getting all this stuff done. He's working 20 hours a day now with all the projects we've already got now, to dump this on top for some business that may or may not come? Absolutely not. 4:48:40 Rep. Morgan Griffith (VA): Okay, after H1N1 did you continue to produce masks for purposes of restocking the Strategic National Stockpile? Mike Bowen: I can't do that without the Strategic National Stockpile wanting to buy them. Rep. Morgan Griffith (VA):Did you have conversations with BARDA, SNS and HHS at that time about supplying the masks for the National Stockpile? Mike Bowen: I have talked to Greg Burrell on many occasions, sir. I've also offered those machines to him. And I've offered those machines to the Department of Defense. Rep. Morgan Griffith (VA): You're just gonna give the machines or you're gonna give them the production? Mike Bowen: No, listen to this. Here's what I wanted to do. I wanted CDC and VA and DOD to get together I had four machines, that very little money and that could make a whole bunch of masks and for years, and I got 13 years worth of emails, I can document all this stuff. I said to the CDC Hey, we can fix, we can make sure that the Department of Defense and the Veterans Administration always has masks. I got these four machines sitting here doing nothing. Rep. Morgan Griffith (VA): You were willing to give them the production, but not the machines. Mike Bowen: Let me finish. Rep. Morgan Griffith (VA): I'm just trying to sort it out. Mike Bowen: Well here's what I was gonna say. We must use one machine, you'll make your whole annual usage for one machine, and we'll let three of them sit there in our factory just ready to go. When you need them, we can turn those things on and I couldn't get anybody interested in Rep. Morgan Griffith (VA): Were you going to give them to them or lease them? Mike Bowen: Didn't matter. I didn't have any money in them. I said give me your peacetime military hospital business and we'll give you these machines. I'll just sit there. Now we would have if we would have had had some kind of a plan, you know, to get materials and things like that. But I was basically saying we've got a warm base operation is not going to cost you guys anything. I made that offer to several agencies. Rep. Morgan Griffith (VA): I see my time is up. I yield back, Madam Chair. Mike Bowen: And by the way, let me Forgive me for being angry. I'm angry because I've done this for so, so long. And I've been ignored for so long. And I apologize. Rep. Ana Eshoo (CA): Well, Mr. Bowen, I don't think you need to apologize. At least that's my view. I think shame on us. I think shame on all of us that we've allowed this to happen. 4:58:30 Mike Bowen: America has a weakness for low prices. And I think Chinese prices are so low. A few years ago, I decided to go buy a 12 things from Lowe's Lowe's Home Improvement center, and I decided I was going to pay whatever it took to buy American. I couldn't make that decision. That decision was taken away from me. I bought one item, it was a plunger. A toilet plunger was the only thing I could find it was made in America. And it is what it is. It's the people like the Lowe's and Home Depot and the Walmarts and the medical companies that the way they want to make money is to lower their costs to where they lower their cost to go to China. The line is long and wide for people going to China, and that's why we're dependent on them for everything. I mean, go out and look in your closet. Look at your tools, look at everything. It's all from China. And the stuff that's in Mexico... When I say this, half of the US mask supply's in Mexico, it's got reservations to go to China. Mexico is not cheap enough. And hospitals are cash strapped and they're they're bidding out things. If this hadn't happened, Mexico would have lost their business and everything... China would have been five years China would have made all masks and respirators like they do the gowns. 5:35:40 Mike Bowen: I've dealt with this thing for so long and it's been so illogical. And I've tried to figure it out and who's at fault who's at fault. And so people ask me that, who's to blame? And I got to the point where it's human nature. It's all of us. I couldn't convince doctors. I couldn't. Listen to this. I had three directors of BARDA said that, Mike, if you get somebody to call me, I will verify that what you're saying is true. I'll tell them it was true. Mr. Schrader, I couldn't get him to call. I couldn't get hospitals to make that call. I don't think they wanted to hear it. They're programmed to save money. They're not programmed to say, I want to make sure my masks are gonna be here. It didn't compute. I was speaking Greek everyone. So to look at this story, and look back and blame everybody, I'm not even going to do that. I'm looking at this pandemic. There's a silver lining, the silver lining is - told everybody there's a big problem. And we can fix this problem and never go through this again. 5:50:00 Rep. Buddy Carter (GA): I'm still confused about your current capabilities. You said you've got four lines that are just sitting dormant sitting in the right now, is that correct? Mike Bowen: We have four idle respirator manufacturing lines. Yes, sir. Rep. Buddy Carter (GA): And they're just, I mean, they're not being used right now. Mike Bowen: Yes. But...go ahead, finish your question. Rep. Buddy Carter (GA): Yes, they are not being used, right. Correct? So you said you've already gotten machines for those lines. You don't have to procure them. The only thing you're going to have to do is to get staff in order to use those lines. Mike Bowen: No, now there's three things we need to hire 100 people, we need to train 100 people. We need to get all the materials for that and we need to get NIOSH approval. We bought those systems from a defunct Vermont mask company seven years ago, we really don't even know how to use those machines. They're kind of a last resort. And if you'll go back and look at my email to Dr. Bright, I said this would be a basically a pain to do but they're here. And if we need this for infrastructure, let's talk about it. But what we've done in the meantime, is we've gone from making 75,000 respirators a month. Think of that number 75,000 to 2 million, and then in another 40 days, we'll be at 4 million from 75,000. So that's thousands and thousands of percent. Rep. Buddy Carter (GA): You said you bought those you bought them for a purpose. You bought them to use them, right? Mike Bowen: No. Thank you for asking that question. No, they came as part of an acquisition we bought. We bought a defunct a medical company and those machines came as part of the acquisition. And made in China. But go ahead. Rep. Buddy Carter (GA): Did you say earlier that you phones ringing off the hook you got orders coming out of the yazoo? Mike Bowen: Yeah, okay, but I can't go on a suicide mission. I can't ramp up, hire all these people for something that I don't know how it's going to end or how long it's going to last. And we did this. You gotta remember, we almost went out of business doing this before. We ramped up and we spent money and got a bigger factory, hired 150 people, built more machines. And then one day, the business not only went away, it went smaller than it was. And we had to raise a million dollars. We had to take pay cuts, and we had to fire 150 people. Rep. Buddy Carter (GA): So what you're saying, and I'm not trying to put words in your mouth, but I'm saying I'm not gonna use them, you're not gonna fire them up unless you get a long term contract from the government. Mike Bowen: I'm not going on a suicide mission. Absolutely. Rep. Buddy Carter (GA): So that's yes, you're not going to use them unless you get a long term contract... Mike Bowen: Unless I get a customer who is going to commit to use those machines so I don't have to fire 100 people. Rep. Buddy Carter (GA): So that means that you'd have to have a long term contract from the government in order to do it. Mike Bowen: Yeah. Listen, we've gone from one shift to 3. 80 people to 200. We're making four times the products we made. We're making over a million masks a day, don't you look at me, and act like I'm sitting on my ass and not firing up four machines. It's not like just turning on a switch. It's putting people's lives... It's gonna, I'm not sure...Listen...let me tell you this. Rep. Buddy Carter (GA): I understand. I'm a businessman. And I understand what it takes Mike Bowen: I watched my business partner cry when he had to lay those people off. We're not doing that again. Rep. Buddy Carter (GA): So in order so it's gonna have to be a long term contract from the government, though, that that's my point. Mike Bowen: From somebody. Rep. Buddy Carter (GA): And I get it from somebody Mike Bowen: I can't hire 100 people based on a maybe based on a when's it gonna end who knows? Rep. Buddy Carter (GA): None of us can whether we're in the private sector or the public sector, we can't do that. We all understand that. Mike Bowen: You don't. You're not risking your livelihood and your... Rep. Buddy Carter (GA): I risked my livelihood for 30 years. As an independent retail pharmacist, I never had long... Mike Bowen: You want to buy machines or hire 100 people, I'll tell you what, I'll give you my machines if you want to hire 100 people, Rep. Buddy Carter (GA): But but the point is, is that you're here saying that I'm not gonna do it unless I get a long term contract from the government. Mike Bowen: I'm just gonna wait, no, no, no, go back to the context. The context of that was in those emails in hey, here's four machines. Let's... they're here, but I can't turn them on unless it's a long term deal. I'm not just going to flip them on and have you flip them off and leave me hanging like everybody did last time. And let me tell you what happened last time, the government sits around doesn't buy American made products, comes to me in a pandemic buys millions of masks. In 2010, you know what they do for those masks, they stored them for 10 years, then they auction them to some knucklehead who put them on eBay and sold them for 10 times what they were worth. So not only did I... have I not seen the government in 10 years, I got to compete with my own masks. And I gotta have thousands of phone calls to me from people who bought that 10 year old masks of mine on eBay for 10 times the price yelling at me, and I had nothing to do with it because the government waited and sold this stuff. I've been hit from every side on this thing. We have bled for this country. We have created jobs, we put our factory in Texas when everybody else had already left the country. So don't don't sit here and judge me for four machines that aren't running that I'd have to hire and fire 100 people for. I'm not going to do it. Rep. Buddy Carter (GA): Not unless you have a long term government contract. Rep. Anna Eshoo, Chairwoman: The gentleman's time has expired. Hearing: Corporate Liability During the Coronavirus Pandemic, United States Senate Committee on the Judiciary, May 12, 2020 Watch on CSPAN Witnesses Kevin Smartt - CEO of Kwik Chek Convenience Stores Anthony “Marc” Perrone - International President of United Food and Commercial Workers International Rebecca Dixon - Executive Director of the National Employment Law Project Leroy Tyner - General Counsel for Texas Christian University Professor David Vladeck - A.B. Chettle Chair in Civil Prodecure at * Georgetown University Law Center Helen Hill - CEO of Explore Charleston Transcript: 13:15 Professor David Vladeck: My name is David Vladek. I teach at Georgetown Law School mostly litigation related courses. And I spent more than 40 years as a litigator, mostly in state and federal court. Like all Americans, I am anxious to get the nation back on its feet. I applaud the committee for exploring ways to facilitate that process. And I can only imagine the heavy burden that weighs on your shoulders. As my testimony makes clear, businesses like Mr. Smarts that act reasonably to safeguard employees, and the public are already protected from liability. But as all of the panelists have said, We urgently need science-based COVID-19 enforceable guidelines from our public health agencies. Those guidelines not only safeguard the public, but at the same time, they provide the standards of liability that Mr. Tyner was just talking about compliance with those guidelines will eliminate any liability risk. On the other hand, it would be counterproductive for Congress to take the unprecedented act of bestowing immunity on companies that act irresponsibly. Workers and consumers are going to open this economy, not government sponsored immunity. We all know that large segments of the public are still justifiably fearful about reopening. Granting immunity would only feed those fears. Immunity sends the message that precautions to control the spread of virus is not a priority. Even worse, immunity signals to workers and consumers that they go back to work or they go to the grocery store at their peril. Why? Because the Congress has given employers and businesses a free pass the short change safety. 16:30 Professor David Vladeck: The line between unreasonable or negligent misconduct, and gross misconduct is murky, context based, and fact dependent. Any tort claim can constitute gross negligence, depending on the wrongdoer state of mind. Second, differentiating between the two tiers of liability turn on intent, questions of intent, questions of intent are factual questions for a jury, not a judge to resolve and conduct is labeled negligent or grossly negligent only at the end of a case, not at the outset. In other words, we don't know for sure whether conduct is grossly negligent until the jury says so. And third, and most importantly, the difference is utterly meaningless if we care about containing the spread of the virus. Irresponsible acts spread the virus just as easily, just as effectively as reckless acts. 17:45 Professor David Vladeck: Legislation that simply displaces state liability laws is not only unprecedented, it is likely unconstitutional. 30:40 Sen. Diane Feinstein (CA): ...how the corona virus spreads? How could a customer of... Well, given how it spreads, nobody really knows how, could a customer of a particular business prove they were infected at a particular business? If professor Vladeck could respond, I believe he's our legal counsel here. Professor David Vladeck: Yes. So the answer is they can't. See are the viruses so transmissible, that it's very difficult unless you have a situation like you've had in the meatpacking plant to know where the virus comes from. In New York, one of the findings was that even people who had been housebound for a long time contracted the virus, even though they hadn't gone out. And so part of the reason why there have been almost no tort cases, about COVID-19 people have bandied about figures, but the truth is, they're been almost none of these cases and they're likely to be very few, because in order to plead a case in court, you have to be able to establish causation. And if someone who's been out and about walking on the streets, visiting the grocery store, visiting another shop, contracts virus, there's no way in the world they're going to be able to say, it's Mr. Smith's fault. 43:45 Sen. Patrick Leahy (VT): Some people are talking about this wave of COVID-19 litigation as the justification for corporate immunity. Actually about 6% of the COVID-19 related lawsuits are tort related, constantly seeking immunity for 6%. And moreover, the corporation's claiming they need this immunity are often the ones that subjected the employees to mandatory arbitration clause, we know those almost always favor the employer. So, can you tell us how the prevalence of mandatory arbitration clauses actually within or across key industries impacts the likelihood of a so called wave litigation? Rebecca Dixon: Yes, Senator, I would say that the wave of litigation is actually mostly businesses suing other businesses and businesses trying to enforce insurance contracts related to the pandemic. So that's one important thing to put out there. And when you have forced arbitration, you must go through a secret process with an arbitrator. So you are barred from going to court. And we know that employees are being coerced into signing these if they don't sign those, they don't get the job. Sen. Patrick Leahy (VT): So the additional shield against losses would pretty much be done with, is that correct? Rebecca Dixon: Correct. Sen. Patrick Leahy (VT): Thank you. 1:25:15 Rebecca Dixon: For workers in particular, right now, they don't really have any enforceable recourse if their employer is not following the guidelines because they're not enforceable. And if they are injured because of it, they have the workers compensation system or they can file an OSHA complaint, but they're pretty much locked out other than that, so that's going to make it really risky for workers to when they're making a choice between wages and their health to choose to come back to the workplace. 1:36:00 Sen. Chris Coons (DE): Let's just clear the deck on this one. Mr. Smart, Professor, excuse me, President if I could Perrone, do you believe the federal government has set clear, consistent science based enforceable standards for what's expected of employers to protect the safety of their workers during a pandemic? Kevin Smartt: I do not believe so. No. Sen. Chris Coons (DE): Mr. President? Anthony “Marc” Perrone: Senator, I don't think that they've done that for the employees or the customers. 2:08:04 Sen. Kamala Harris (CA): In 49 states employers are required to carry workers compensation insurance. Is that correct? Rebecca Dixon: Yes, that's correct. Sen. Kamala Harris (CA): And is it correct that by and large businesses that carry workers compensation cannot be sued by their workers for negligence? Rebecca Dixon: That's also correct. Sen. Kamala Harris (CA): And is it also correct that forced arbitration agreements also prohibit workers from seeking justice in courtrooms? Rebecca Dixon: That's also correct. Hearing: COVID-19: Safely Getting Back to Work and Back to School, United States Senate Committee on Health, Education, Labor and Pensions, May 12, 2020 Watch on CSPAN Witnesses Anthony Fauci - Director National of the Institute of Allergy and Infectious Diseases at the National Institutes of Health Robert Redfield - Director of the United States Centers for Disease Control and Prevention Admiral Brett Giroir - Assistant Secretary For Health at the United States Department of Health and Human Services Stephen Hahn - Commissioner of Food and Drugs at the United States Food and Drug Administration Transcript: 46:45 Sen. Lamar Alexander (TN): Let's look down the road three months, there'll be about 5,000 campuses across the country trying to welcome 20 million college students. 100,000 Public Schools welcoming 50 million students. What would you say to the Chancellor of the University of Tennessee Knoxville, or the principal of a public school about how to persuade parents and students to return to school in August? Let's start with treatments and vaccines first, Dr. Fauci, and if you can save about half of my five minutes for Admiral Giroir's testing I would appreciate it. Anthony Fauci: Thank you very much, Mr. Chairman. Well, I would be very realistic with the chancellor and tell him that when we're thinking in terms. Sen. Lamar Alexander (TN): It's a her in this case. Anthony Fauci: I would tell her, I'm sorry, sir, that in this case, that the idea of having treatments available or a vaccine to facilitate the re-entry of students into the fall term would be something that would be a bit of a bridge too far. 48:30 Anthony Fauci: But we're really not talking about necessarily treating a student who gets ill, but how the student will feel safe in going back to school. If this were a situation where we had a vaccine, that would really be the end of that issue in a positive way, but as I mentioned in my opening remarks, even at the top speed we're going, we don't see a vaccine playing in the ability of individuals to get back to school this term. 52:50 Anthony Fauci: What we have worked out is a guideline framework of how to safely open America again. And there are several checkpoints in that with a gateway first of showing, depending on the dynamics of an outbreak in a particular region, state, city or area that would really determine the speed and the pace with which one does re enter or reopen. So my word has been, and I've been very consistent in this, that I get concerned, if you have a situation with a dynamics of an outbreak in an area such that you are not seeing that gradual over 14 days decrease that would allow you to go to phase one. And then if you pass the checkpoints of phase one, go to phase two and phase three. What I've expressed then and again, is my concern that if some areas city states or what have you jump over those various checkpoints and prematurely opened up without having the capability of being able to respond effectively and efficiently. My concern is that we will start to see little spikes that might turn into outbreaks. 54:30 Anthony Fauci: But this is something that I think we also should pay attention to, that states, even if they're doing it at an appropriate pace, which many of them are and will, namely a pace that's commensurate with the dynamics of the outbreak, that they have in place already The capability that when there will be cases, there is no doubt, even under the best of circumstances. When you pull back on mitigation, you will see some cases appear. It's the ability and the capability of responding to those cases, with good identification, isolation and contact tracing will determine whether you can continue to go forward as you try to reopen America. 1:05:40 Sen. Bernie Sanders (VT): The official statistic, Dr. Fauci is that 80,000 Americans have died from the pandemic. There are some epidemiologists who suggests the number may be 50% higher than that. What do you think? Anthony Fauci: I'm not sure, Senator Sanders if it's gonna be 50% higher, but most of us feel that the number of deaths are likely higher than that number, because given the situation, particularly in New York City, when they were really strapped with a very serious challenge to their healthcare system, that there may have been people who died at home, who did have COVID, who are not counted as COVID because they never really got to the hospital. So the direct answer to your question, I think you are correct, that the number is likely higher. I don't know exactly what percent higher, but almost certainly, it's higher. 1:26:30 Sen. Rand Paul (KY): You've stated publicly that you'd bet at all that survivors of Coronavirus have some form of immunity. Can you help set the record straight that the scientific record as is as being accumulated is supportive? That infection with Coronavirus likely leads to some form of immunity. Dr. Fauci? Anthony Fauci: Yeah, thank you for the question, Senator Paul. Yes, you're correct. That I have said that, given what we know about the recovery from viruses, such as Corona viruses in general, or even any infectious disease, with very few exceptions, that when you have antibody present is very likely indicates a degree of protection. I think it's in the semantics of how this is expressed. When you say has it been formally proven by long term Natural History studies, which is the only way that you can prove one is it protective, which I said and would repeat is likely that it is, but also what is the degree or titer of antibody that gives you that critical level of protection. And what is the durability, as I've often said, and again, repeat, you can make a reasonable assumption that it would be protective. But Natural History studies over a period of months to years will then tell you definitively if that's the case. 1:31:30 Anthony Fauci: You don't know everything about this virus. And we really better be very careful, particularly when it comes to children. Because the more and more we learn, we're seeing things about what this virus can do that we didn't see from the studies in China or in Europe. For example, right now, children presenting with COVID-19, who actually have a very strange inflammatory syndrome, very similar to Kawasaki syndrome. I think we've got to be careful if we are not cavalier in thinking that children are completely immune to the deleterious effects. So again, you're right in the numbers that children in general do much, much better than adults and the elderly, and particularly those with underlying conditions. But I am very careful, and hopefully humble in knowing that I don't know everything about this disease, and that's why I'm very reserved in making broad predictions. 2:30:15 Anthony Fauci: We do the testing on these vaccines, we are going to make production risk, which means we will start putting hundreds of millions of dollars of federal government money into the development and production of vaccine doses before we even know it works. So that when we do and I hope we will and have cautious optimism that we will ultimately get an effective and safe vaccine that we will have doses available to everyone who needs it in the United States, and even contribute to the needs globally because we are partnering with a number of other countries. 2:49:00 Sen. Mitt Romney (UT): Given our history with vaccine creation for other coronaviruses, how likely is it? I mean, is it extremely likely we're going to get a vaccine within a year or two? Is it just more likely than not? Or is it kind of a long shot? Anthony Fauci: It's definitely not a long shot, Senator Romney, the I would think that it is more likely than not that we will, because this is a virus that induces an immune response and people recover. The overwhelming majority of people recover from this virus, although there is good morbidity and mortality at a level in certain populations. The very fact that the body is capable of spontaneously clearing the virus tells me that at least from a conceptual standpoint, we can stimulate the body with a vaccine that would induce a similar response. So although there's no guarantee, I think it's clearly much more likely than not that somewhere within that timeframe, we will get a vaccine for this virus. 3:06:50 Sen. Jacky Rosen (NV): Can you talk about PPE for the general public? Anthony Fauci: Well, you know, the best PPE for the general public, if possible right now is to maintain the physical and social distancing. But as we've said, and I think all of us would agree, there are certain circumstances in which it is beyond your control, when you need to do necessary things. Like go to the drugstore and get the occasion, go to the grocery store and get your food that in fact, you need some supplementation to just physical distancing. That's the reason why some time ago, recommendation was made, I believe it was Dr. Redfield at the CDC, who first said that about getting some sort of a covering we don't want to call it a mask because back then we were concerned, we would be taking masks away from the health care providers with some sort of mask like facial covering, I think for the time being, should be a very regular part of how we prevent the spread of infection. And in fact, the more as you go outside right here and where I'm sitting in Washington DC, you can see many people out there with masks on, which gives me some degree of comfort that people are taking this very seriously. 3:20:00 Sen. Lamar Alexander (TN): You didn't say you shouldn't go back to school because we won't have a vaccine? Anthony Fauci: No, absolutely not. Mr. Chairman, what I was referring to, is that going back to school would be more in the realm of knowing the landscape of infection with regard to testing. And as Admiral Giroir said, it would depend on the dynamics of the outbreak in the region where the school is, but I did not mean to imply at all any relationship between the availability of a vaccine and treatment and our ability to go back to school. Addressing the Senate: McConnell: Americans on the Front Lines Need Action, Mitch McConnell, Senate Majority Leader, May 12, 2020 Hearing: Shark Tank: New Tests for COVID-19, United States Senate Committee on Health, Education, Labor and Pensions, May 7, 2020 Watch on Youtube Watch on CSPAN Witnesses: Francis Collins, MD, PhD - Director of the National Institutes of Health Gary Disbrow, PhD.- Acting Director, Biomedical Advanced Research And Development Authority, Office Of The Assistant Secretary For Preparedness And Response at the Department of Health and Human Services Transcript: 1:36:20 Gary Disbrow: We do know that Coronavirus, the COVID-19, is one the immune system recognizes and eradicate the virus, we do know that people recover from it. And after a while you can't recover the virus anymore. That's good. That tells you the immune system knows what to do with this. It's not like HIV. At the same time, we do know that this virus can mutate. We've already been able to observe that it's an RNA virus. Fortunately, it doesn't mutate the way influenza does. So we don't think it will have this sort of very rapid seasonal change that we have to deal with with influenza, which means last year's vaccine is maybe not the one you want this year. We really don't know the answer, though to a lot of your questions, and they're fundamentally important. Can you get reinfected with this? There have been a few cases of that they're not incredibly convincing. If you do develop immunity, how long does it last? We do not have a good reason... Sen. Bill Cassidy (LA): Can I ask you though there is evidence both from rhesus monkeys that this antibody is protective it and there's also from SARS1 if you will, somebody writes about immunity being for 18 years. So it does seem If the scientific evidence is pointing in that direction, Gary Disbrow: It's pointing in that direction. You're absolutely right. And we're counting on that to be the answer here. But until we know, we will need to know. Sen. Bill Cassidy (LA): Now, let me ask you though what is defined as knowing because knowing may not be for one or two years, and yet we have to make policy decisions, hopefully before then, Gary Disbrow: Indeed, and I think at the present time to be able to evaluate the meaning of a positive antibody test, one should be quite cautious, I think it's going to help a lot to see if there anybody who has such an antibody test, it turns out to get infected again, in the next six months or so because a virus is going to be around, we'll start to get an early warning sign there. But we won't know whether it's three years or five years or 10 years. Sen. Bill Cassidy (LA): So you suggested to me that not only should we test but we should be tracking who is positive so that we can follow them longitudinally to see whether or not they develop once more. Gary Disbrow: With their appropriate consent of course, and this is where the All of Us program that you and I have talked about which is enrolled now 300,000 Americans who are pre consented for exactly this kind of follow up is going to be very useful to track and see what happens. 2:16:00 Sen. Mitt Romney (UT): I was in a hearing yesterday with the Homeland Security Committee. And the suggestion was between 50 and 90% of the people that get COVID-19 have no symptoms. If that's the case, should we let this run its course to the population and not try and test every person. I'm saying that a bit as a straw man, but I'm interested in your perspective. Gary Disbrow: I appreciate you're putting it forward as a straw man, because while it is true, that lots of people seem to get this virus without any symptoms at all. And the estimates are that maybe 60% of new cases are transmitted by such people. It's still the case that 74,000 people have died from this disease. And so the people who are out there infected who may not themselves be suffering or passing this on becoming a vector to others who are vulnerable with chronic illnesses or in the older age group. And sometimes young people too. Let's not say that they're immune. There are certainly plenty of sad circumstances of young people who really you would not have thought would be hard hit by this, who have gotten very little or even died. So I think it is extremely unusual to have a virus like this that is so capable of infecting people without symptoms, but having them then spread it on, we just haven't encountered something like that before. But it doesn't mean that it's not a terribly dangerous virus for those people who aren't so lucky and who get very sick and end up in the ICU and perhaps lose their lives. The only way we're really going to put a stop to that is to know who the people are who are infected, even if they have no symptoms, get them quarantine, follow their contacts. It's just good solid shoe leather public health, and we've learned it over the decades and it applies here too. 2:31:45 Gary Disbrow: In terms of the need to track people to see what happens, and particularly as was brought up earlier, is the presence of antibody actually something you can say makes you immune. I think maybe our best chance at this is this program that Congress has funded, and it's part of 21st Century Cures Act. So I'll have to specifically give a shout out to this committee about that to the chairman. And that is this program called All of Us, which is tracking when we get there a million people over time, we're already up to over 300,000 that have signed up. And those individuals answer lots of questions. Their electronic health records are available for researchers to look at after they've been anonymized. They get blood samples over the course of time, so you can track and see, oh, it didn't have the antibody, then oh, now it does have the antibody, what happened there? We should be able to utilize that for this and many other purposes to try to get some of those answers. And I totally agree. We need those. Hearing: COVID-19 Response, United States House Committee on Appropriations, May 6, 2020 Watch on Youtube Watch on CSPAN Witnesses: Dr. Tom Frieden - President and CEO of Resolve to Save Lives, and former Director of the Centers for Disease Control and Prevention Dr. Caitlin Rivers - Senior Scholar at the Johns Hopkins Center for Health Security, Assistant Professor in the Department of Environmental Health and Engineering at the Johns Hopkins Bloomberg School of Public Health Transcript: 47:00 Dr. Caitlin Rivers: You heard from Dr. Frieden that contact tracing is really a key component, a key approach that will allow us to reopen safely. One thing that I don't hear a lot about about contact tracing, though that I want to bring to your attention is that it's also a key source of data that we badly need. We currently have very little understanding about where people are getting infected, our most new cases in long term care facilities or correctional facilities, which we know are high risk settings. But we don't have a good sense of whether 99% of our cases originate in those special settings or whether it's a small fraction. We don't know whether people who are essential workers still performing duties in the community are getting infected, or we don't know whether most infections are happening at home. Getting a better understanding of what that looks like will help us to guide better interventions. If it is special settings.

This week, on Inside the Skev, we sit down with Congresswoman Jan Schakowsky, U.S. Representative for Illinois’ 9th District, which include the Skev. In this episode we discuss the government’s response to Covid-19, the stimulus programs, and her work to protect nursing home employees and residents. We also discuss her story in getting into politics and her encouragement for more people to get involved.Schakowsky was elected to represent Illinois' 9th Congressional District in 1998, after serving for eight years in the Illinois State Assembly. She is in her eleventh term.Schakowsky serves in the House Democratic Leadership as a Senior Chief Deputy Whip. She is a member of the House Democratic Steering and Policy Committee, House Budget Committee, as well as the House Energy and Commerce Committee, where she serves as Chair of the Consumer Protection and Commerce Subcommittee, and as a member of the Environment and Oversight & Investigations Subcommittees. More information about her and live updates for the community can be found on her website and social media here: https://schakowsky.house.gov/Inside the Skev is a one stop shop for all things Skokie and Evanston hosted by Aaron Masliansky. Be the first to know about local events, new podcast episodes, real estate and the latest stories about the great people in these towns by going tohttp://www.skevanston.com. Sign up for the newsletter and reach out to Aaron Masliansky at aaron@skevanston.com with any questions or suggestions. Be sure to also follow Inside the Skev on Facebook, Instagram and Twitter for the latest updates. 

For 38 years, the United States government has been trying to figure out what to do with the radioactive nuclear waste that was created when the Defense Department developed nuclear weapons and the nuclear waste that continues to be created by nuclear power generation. In this episode, learn the history of this on-going dilemma and listen in on the debate as it currently rages in the 116th Congress.  Please Support Congressional Dish – Quick Links Click here to contribute monthly or a lump sum via PayPal Click here to support Congressional Dish for each episode via Patreon Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank's online bill pay function to mail contributions to: 5753 Hwy 85 North, Number 4576, Crestview, FL 32536 Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Articles/Documents Article: Proposed nuclear storage consent bill excludes Yucca Mountain by John Sadler, Las Vegas Sun, November 23, 2019 Article: Fukushima operator accused of cover-up over 'contaminated' water set to be poured into the Pacific by Julian Ryall, The Telegraph, November 19, 2019 Article: On Your Side: Is nuclear right for Nevada? by Cassie Wilson, News 4 On Your Side, November 14, 2019 Article: Japan plans to flush Fukushima water 'containing radioactive material above permitted levels' into the ocean by Julian Ryall, The Telegraph, October 16, 2019 Article: Japan will have to dump radioactive water into Pacific as Fukushima runs out of storage tanks, minister says by Julian Ryall, The Telegraph, September 10, 2019 Article: Nevada's veto power a sticking point in congressional negotiations on Yucca Mountain by Humberto Sanchez, The Nevada Independent, August 5, 2019 Article: All spent nuclear fuel in the U.S. will soon end up in one place by Sammy Feldblum, National Geographic, July 30, 2019 Article: Finding a repository for San Onofre plant’s nuclear waste is a difficult task by Rob Nikolewski, Los Angeles Times, July 27, 2019 Article: Why Yucca Mountain rattles us should be no surprise by Brian Greenspun, Las Vegas Sun, July 14, 2019 Article: Nation’s most ambitious project to clean up nuclear weapons waste has stalled at Hanford by Ralph Vartabedian, Los Angeles Times, June 4, 2019 Article: 'It will poison everything.' Native Americans protest Yucca Mountain Nuclear Waste site by Ed Komenda, Reno Gazette Journal, May 24, 2019 Audit Report: DEPARTMENT OF ENERGY'S QUALITY ASSURANCE: COMMERCIAL GRADE DEDICATION OF ITEMS RELIED ON FOR SAFETY by Teri L. Donaldson, Office of Inspector General, U.S. Department of Energy, May, 2019 Document: Public Law 115–439 - 115th Congress Authenticated U.S. Government Information, GPO, January 14, 2019 Article: Average US Wind Price Falls to $20 per Megawatt-Hour by Emma Foehringer Merchant, gtm, August 24, 2018 Article: One simple chart shows why an energy revolution is coming — and who is likely to come out on top by Jeremy Berke, Business Insider, May 8, 2018 Article: Which Utilities Are Most Exposed to Troubled Nuclear Generation? by Vineet Kulkarni, Market Realist, July 14, 2017 Document: Yucca Mountain Transportation Issues by Fred C. Dilger, University of Nevada, Las Vegas, February 19, 2015 Article: The 10 states that run on nuclear power by Brian Zajac, NBC News, February 23, 2012 Document: Fukushima Nuclear Disaster by Mark Holt, Richard J. Campbell, and Mary Beth Nikitin, Congressional Research Service, January 18, 2012 Article: Experts Had Long Criticized Potential Weakness in Design of Stricken Reactor by Tom Zeller Jr., The New York Times, March 15, 2011 Article: Nuclear experts weigh in on GE containment system by Jia Lynn Yang, The Washington Post, March 14, 2011 Press Release: SPENCER ABRAHAM APPOINTED CHAIRMAN OF THE BOARD OF AREVA INC. by Charles Hufnagel and Patrick Germain, March 1, 2006 Additional Resources S.903 — 116th Congress (2019-2020): Nuclear Energy Leadership Act, Congress.Gov, September 24, 2019 S.1234 — 116th Congress (2019-2020): Nuclear Waste Administration Act of 2019, Congress.Gov, April 30, 2019 S.512 — 115th Congress (2017-2018): Nuclear Energy Innovation and Modernization Act, Congress.Gov, January 14, 2019 About & Timeline: TerraPower TerraPower, A nuclear innovation company Glossary: Decommissioning, Independent Statistics & Analysis, U.S. Energy Information Administration Index: NS Energy: Projects NS Energy Leadership Spotlight: Maria G. Korsnick: President and Chief Executive Officer Nuclear Energy Institute Linkedin Profile: Maria Korsnick, Linkedin Linkedin Profile: Christopher Kouts, Linkedin nrg: Nuclear Nuclear Explained: U.S. nuclear industry, Independent Statistics & Analysis, U.S. Energy Information Administration Nuclear Waste, Nuclear Energy Institute Online Encyclopedia: Nuclear Exclusion Zones by John P. Rafferty, Encyclopaedia Britannica Project Summary: Fukushima Daiichi Nuclear Power Plant Decommissioning NS Energy Project Overview: HANFORD WASTE TREATMENT PLANT, WASHINGTON, USA Bechtel Report: Report to the Secretary of Energy Blue Ribbon Commission on America's Future, January 2012 Scientific and Technical Concerns State of Nevada, Nuclear Waste Project Office Stock: Uranium Energy Corp., MarketWatch The Abraham Group Uranium Energy Corp U.S. Code >> Development and Control of Atomic Energy 42 U.S. Code § 2214.NRC user fees and annual charges Legal Information Institute Witness Disclosure Requirement: Christopher Kouts, Committee on Energy and Commerce, U.S. House of Representatives Image: Potentially Riskier U.S. Nuclear Plants, The New York Times Sound Clip Sources Hearing: Nuclear Waste Storage, Senate Committee on Energy and Natural Resources, June 27, 2019.   Watch on C-SPAN Witnesses: Maria Korsnick - President and CEO of the Nuclear Energy Institute Steven Nesbit - Nuclear Waste Policy Task Force Chair at the American Nuclear Society Geoffrey Fettus - Senir Attorney at the National Resources Defense Council John Wagner - Associate Director at the Idaho National Labratory’s Nuclear Science & Technology Directorate Watch on YouTube Transcript: 0:50 Sen. Lisa Murkowski (AK): Beginning with the passage of the Nuclear Waste policy Act in 1982, congress has attempted several times to address the back end of the fuel cycle. In an effort to resolve an earlier stalemate, the federal government was supposed to begin taking title to use fuel and moving it to our pository at Yucca Mountain in Nevada, beginning in 1998. Manchin waste must be buried.aiff 5:30 Sen. Joe Manchin (WV):Since the National Academy of Sciences 1957 report recommending deep geologic disposal for highly radioactive waste, it is clear what we need to do with the nuclear waste. The prudent and responsible thing to do is to bury this waste deep in the earth, to protect the environment and public for generations to come. Unfortunately, the path to achieve this is not entirely clear. 7:45 Sen. Joe Manchin (WV): Failing to act means the federal government is racking up more liability to be paid to the utilities to store this waste in their own private storage facilities adjacent to the reactors. So the taxpayer is on the hook here to the tune of about $2 million a day with an estimated overall liability of $34.1 billion. 11:15 Maria Korsnick: Currently 97 commercial nuclear power plants in 29 states provide nearly 20% of the America's electricity and more than half of the emissions free electricity. 12:00 Maria Korsnick: The US nuclear industry has upheld its end of the bargain at sites in 35 states around the country. Commercial used fuel is safely stored and managed awaiting pickup by the federal government, which was scheduled for 1998. 13:00 Maria Korsnick:But let me be clear. Congressional action is necessary and three important points must be addressed. First, we need to answer on the Yucca Mountain license application. DOE submitted the application to the NRC more than a decade ago, and Congress directed the NRC to issue a decision in 2012. This deadline, like too many was missed because DOE without basis, shut down the Yucca mountain project for the sake of the communities holding stranded used fuel wishing to redevelop their sites. We must move forward and allow Nevada's concerns with Yucca mountain to be heard by NRC'S, independent administrative judges. This will allow a licensing decision to be determined based on its scientific merits rather than politics. 13:50 Maria Korsnick: Second, as a licensing process of Yucca mountain moves forward, interim storage can play an important role in helping move spent fuel away from reactor sites. Moving interim storage in parallel with the Yucca Mountain project helps to alleviate state and local concerns that interim storage will become a defacto disposal facility. 14:30 Maria Korsnick: And finally, the nuclear industry and electricity consumers around the country have paid their fair share to address the back end of the fuel cycle. But as 1234 was originally drafted prior to the court mandated prohibition on the fee, and I want to strongly convey the importance of not prematurely reimposing the nuclear waste fee, especially given the substantial balance and large investment interest, which accrues annually. 24:30 Steven NesbitIn addition, the money from the nuclear waste fund, the federal government has many means for providing infrastructure improvements, federal land, educational opportunities, and other means of support to states and communities interested in exploring a partnership on the management of nuclear material. Make those potential benefits abundantly clear from the beginning. 27:45 Geoffrey Fettus: The years of wrangling over what standards should be set for cleanup and are massively contaminated nuclear weapon's sites, such as those in Washington or South Carolina is made exponentially worse by DOE self regulatory status, which the Atomic Energy Act ordains with these exemptions. The same is true with commercial spent fuel, where any state that is targeted to receive nuclear waste looks to be on the hook for the entire burden of the nation's spent fuel. State consent and public acceptance of potential repository sites will never be willingly granted, unless and until power on how, when and where waste is disposed of is shared, rather than decided simply by Federal Fiat. There's only one way consent can happen consistent with our cooperative federalism. Specifically, Congress can finally remove the Atomic Energy Acts. Anachronistic exemptions from our bedrock environmental laws are hazardous waste and clean water laws must include full authority over radioactivity and nuclear waste facilities, so that EPA and most importantly, the states can assert direct regulatory authority. Removing these exemptions will not magically solve this puzzle and create a final repository. But I think it can work faster than what we have now, because it will open a path forward that respects each state rather than offering up the latest one for sacrifice. The Texas and New Mexico events of the last several weeks demonstrate this. 33:15 John Wagner: First and foremost, I want to be clear from a technical standpoint. Spent nuclear fuel storage and transportation is safe as evidenced by more than 50 years of safe and secure operations by the public and private sectors. We do not have a spent nuclear fuel safety crisis in this country. 46:35 Geoffrey Fettus:The actual waste issue, honestly Senator, has not, and is not what is holding up nuclear powers ability to compete in the market. What is holding up nuclear powers ability to compete in the market are it's gigantic upfront capital costs. The South Carolina reactors that are now a $9 billion hole in the ground at summer and Vogel now, I think is now pushing 28 billion for two new units. The likelihood of building new nuclear power is vanishingly unlikely in this [inaudible]. 47:40 Sen. Joe Manchin (WV): We're decommissioning some nuclear plants? Maria Korsnick: That's correct. Sen. Joe Manchin (WV): Are they-, have they run their life cycle? Maria Korsnick: Not all of them. No. Sen. Joe Manchin (WV): Could they be-... Maria Korsnick: They're being shutdown, because in the marketplace right now, the marketplace does not recognize the carbon free attribute of nuclear. It's competing.... Sen. Joe Manchin (WV): So there's no value to carbon free nuclear? Maria Korsnick: Not in the marketplace there's not. There should be. And that would help. And-... Sen. Joe Manchin (WV): Are any of these plants in basically controlled PSE's, or basically they're all merchant? Maria Korsnick: The ones that are shutting down for the most part are merchant, not all, but for the most part. 50:40 Sen. Lamar Alexander (TN): Yeah, we have four places that we could-, four tracks we could follow to do something. We could have a Yucca mountain open, we could build a new Yucca Mountain, we could have a public interim site, or we could approve a private interim site. 54:05 Geoffrey Fettus: Texas and New Mexico would both be barred from the consent process. Clearly by the terms of the bill. Sen. Lamar Alexander (TN): And I assume from your testimony, you think they should be? Geoffrey Fettus: We think that would put us in precisely the same stalemate. It's put us here for-... 54:20 Sen. Lamar Alexander (TN):Your testimony, you thought the private sites are because of the promise they have ought to have priority, is that correct? Maria Korsnick: We do think they should have priority. The challenge with the private sites right now, is they don't want to be the defacto longterm storage, which keeps it connected to a long term storage answer. 59:00 Sen. Martin Heinrich (NM): What should consent look like? Geoffrey Fettus: Consent should look like regulatory authority, as simple as that. To the extent that there has been acceptance in New Mexico of the WHIP-... Sen. Martin Heinrich (NM): right... Geoffrey Fettus: ...Transuranic Geologic Repository, the only operating one in the world. Sen. Martin Heinrich (NM): Why do we have that? Why do we have consent for-... Geoffrey Fettus: The only consent-, Well, it's a little complicated and it's not nearly the consent that needs to be there and it's not the full regulatory authority-... Sen. Martin Heinrich (NM): But the state has.... Geoffrey Fettus: But the state has hazardous waste permitting authority, and that state can shut the place down and set terms by which it can operate after it had a fire and an explosion that shut it down and contaminated it for several years. Sen. Martin Heinrich (NM): And we reopened that facility, which I will repeat, is the only, only deep geological repository, um, that's been successfully built that I'm aware of in this country, because of the state's involvement. 1:02:35 Sen. Mike Lee (UT): Dr. Wagner mentioned several small reactors. How much more efficiently would these smaller reactors use fuel than reactors in past decades, and could you describe how these new forms of generating nuclear energy could possibly change our need for nuclear waste storage going forward? Maria Korsnick: Yeah, so, I guess as you look forward, there's a variety of different types of small modular reactors that can be built, but some of the types of small modular reactors that can be built would actually be interested in using a different type of fuel. And some of that fuel could be in fact what we consider used fuel today. So in any solution set that we put in, we should remind ourselves that we want it to be retrievable. There's 95% still good energy in what we call used fuel. It's just in a different form. And some of these reactors that are being looked at for tomorrow, will be able to harvest that energy. Sen. Mike Lee (UT): And will be able to use it far below that 95% threshold that you described? Maria Korsnick: That's correct. Sen. Mike Lee (UT): How low would they go? Maria Korsnick: They should be able to use the majority of that good energy. I would say, you know, you'll be down to maybe the four to 5%, that's left, that would then need to be stored. 1:04:40 Maria Korsnick: Sort of goes back to when we said there's 95% still good energy in the, what we call, used fuel. It's transformed, and so instead of being, say, uranium 235, it's turned into uranium 238, or it's turned into plutonium 239. So those isotopes can still release energy, but they, not in the current way in our current lightwater reactors. So in recycling, what you do is you essentially take the fuel apart and you isolate what's good and can be used again. So that uranium, that plutonium,- it can then be mixed and you can use it in current reactors, that's called "Mox" fuel, or you can use it for other types of reactors. So, again, it sort of closes the fuel cycle, if you will. You're left with a very small amount that is not useful in a fuel. And France as an example, reprocesses their fuel, they turn that into a glass and then you store that inert glass. Sen. Mike Lee (UT): So the glass is inert? It's not [inaudible] at that moment. It's not emitting?... Maria Korsnick: It's radioactive, but it's not useful for fuel. So it's stored in accordance with,-. It would it be in a deep geologic situation, but it will be a very small amount. Sen. Mike Lee (UT): No, it reduces the overall volume of what's produced. Maria Korsnick: That's correct. Sen. Mike Lee (UT): So why wouldn't we do that? Maria Korsnick: So in the United States, we've chosen not to. We've chosen the fact that, and this was made in the Carter Administration, days that the fact of reprocessing, they look at it as a potential proliferation, even though there are many processes and things you could put in place to ensure that it's done, without any kind of proliferation concerns. But that's why the United States doesn't currently go for reprocessing today. Sen. Mike Lee (UT): So if that decision was made in the Carter administration, when we're talking about 40 years ago or more... Maria Korsnick: That's correct. Sen. Mike Lee (UT): What has changed since then that might cause us to need to reconsider that? Has the technology changed in such a way that, you know, what was perceived as dangerous would no longer necessarily be deemed, made dangerous? Maria Korsnick: Well, I mean, I think we've proven on a lot of fronts that we are, we have the capability of managing a significant things. The government manages plutonium on a regular basis, so it obviously can be done and can be done safely. 1:07:45 Sen. Catherine Cortez Masto (NV): In 1987, I believe it was, Tennessee was able to successfully remove the Oak Ridge facility as an interim storage facility changed the law. And now in this bill, Tennessee has equally, the opportunity to say no, like every other state, except Nevada. That's all I'm looking for in my state, is those similar opportunities. 1:08:25 Sen. Catherine Cortez Masto (NV): Section 306E requires a potential host state to veto or approve a site before they are fully informed of a site's local impacts, prior to initiating a review licensing process. That essentially leaves Yucca mountain as the default sole repository. Section 506A gives parody to all other states, yet allows Yucca Mountain and other states in New Mexico, Texas, and Utah to be kept on the list without requiring their consent. And section 509 eliminates the legal 70,000 metric ton limit of waste to be stored at a repository, so if no state wants to be a host, this guarantees all the waste goes to Yucca Mountain. 1:11:00 Sen. Catherine Cortez Masto (NV): Under this act, would the NEI support this act if the NWA walked away, and walked away from the Yucca Mountain project and demonstrated that a new repository project could be done more efficiently and rapidly than Yucca Mountain, would you support that? Maria Korsnick: I don't see how another process could be done more rapidly with all of the analysis that's already been done on Yucca. But if you found such magic place, yes, we could be supplying.... Sen. Catherine Cortez Masto (NV): Well, I, DOE studies have shown that walking away from Yucca Mountain and starting over with a repository in salt or shell could save billions of dollars over the life of the facility. So, and this is the challenge I've had, we've had a stalemate over the last 32 years and we have offered the opportunity to come in and work with us and find a solution for it, and I think you have that today. But unfortunately, what I see from the industry is this same old playbook and not willing to even admit there's an opportunity to move forward. There's not even a willingness to talk about potential new technology that can be utilized to address this safe storage, and that is my concern. 1:23:55 Sen. Angus King (ME): But if the main Yankee site is safe, why not a larger similar site that has the same technology? You're telling me everybody says it's safe. As an interim step until we've figure out what, what the best pr-, I don't understand why we have to go from 80 temporary to permanent? Um, isn't there a step in between that with technological.... Maria Korsnick: Well, that's what consolidated interim storage is. Sen. Angus King (ME): That's what I'm talking.... Maria Korsnick: Yeah, and the challenge is nobody wants to sign up for consolidated interim storage. You mentioned New Mexico. The governor just recently wrote a letter. The last New Mexico governor was in support of interim storage. The current New Mexico governor not, and the challenge is because they don't want to become the long-term repository, and until there is an idea of a long-term repository, anybody that raises their hands for that consolidated interim storage is defacto the long,-term... Sen. Angus King (ME): I think that's a good point because are these temporary sites are now the defacto long-term sites. 1:27:55 Maria Korsnick: If you decided today on a long term repository site, by the time you license it, let's just select Yucca since we've talked about it, that would still be another three to five years just to license it today, cause all of the analysis has been done and there's additional hearings that have to happen. Nevada has to have their say..... Sen. Joe Manchin (WV): Well, if we're not capacity, why would we have an interim site? If you just want to carry three to five years.... Maria Korsnick: That's just to get your license. It's going to be another decade to build it. Alright, so you're already talking, you have 15 years if you were on "go" today. 35 billion is what your obligation is today and in 15 years it's going to be closer to 50 billion. So you have to manage the liability that you are building on a daily basis and the best way to help manage that liability is that interim storage, because once you start taking that fuel off site, eventually that judgment fund comes down because you don't have to pay the judgment fee because you've taken the fuel in an interim state. Sen. Joe Manchin (WV): How far along are we on permitting the interim sites? Maria Korsnick: You're nowhere. Sen. Joe Manchin (WV): So, whether we started today with interim or permanent, it's the same timetable? Sen. John Barrasso (WY): There's two sites that have applications in, but you know, whether they will actually go forward and construct those sites, is an open question. 1:34:40 Sen. John Barrasso (WY): American rate payers have now paid about 12, I'm sorry, $15 billion, to site, to study and to design a repository for the Yucca Mountain site and thus funding $200 million that was paid to the state of Nevada to develop their own scientific and technical analysis. So, Ms. Korsnick, why is it important for the Nuclear Regulatory Commission to complete the independent safety review of the proposed Yucca mountain repository? Maria Korsnick: Well, you just mentioned the significant money that has been expended. We should have a fair hearing and quite frankly, give Nevada a chance to have their hearing. The process will require that it goes through the judges, et cetera, through the licensing process and for all this money that has been expended. Let's understand the science and the licensing process and work ourselves through it. In the future, we might need another long-term repository. So let's learn everything that we can and understand the science and the licensing process for the one that's so far along. 1:45:10 Sen. Catherine Cortez Masto (NV): I think we should learn from the science from Yucca Mountain because there are no natural barriers or manmade barriers that make it safe. But we keep hearing that all the time. So let me ask you this, if we were to learn from the science of Yucca Mountain, which would require still 40 more miles to, of tunnel to be, to dig the tunnel, to bury the canisters, which, by the way, the same canisters that are utilized for Yucca Mountain in the study can't be utilized because the industry doesn't use the same type of canisters. But what I'm told, it is so hot once it's stored, and it leaks like a sieve because the hydrology shows already in the exploratory tunnel that it leaks like a sieve, that once the canisters are there, titanium drip shields will have to be created to put over the canisters. And by the way, those titanium drip shields would not be placed in that facility once the canisters here till 90 years later, and it cannot be placed by man in there, so you have to build the robotics to put the pipe Titanium drip shields to protect the water that goes down into the canisters that would go into the aquifer below. Is that the science that you're saying that you would learn from that you should not have in any other repository? Steven Nesbit: What I was referring to senator, was completing the licensing process and having the concerns such as you just expressed evaluated by a panel of experts and ruled on in a manner that we can learn from them, if indeed we go on to develop other repositories elsewhere. That's all I talked about... Sen. Catherine Cortez Masto (NV): We already have the information, and that's my point..... Steven Nesbit: Well Senator, I don't agree with your terms.... Sen. Catherine Cortez Masto (NV): You spent $19 billion on a five mile exploratory tunnel to study the geology and hydrology. We know that because it's a volcanic tuff and there's fractures through the rock, that it's going to leak, so that's why the titanium drip shields are part of your plan for the canisters that will be placed there. So that's why I'm saying we've already had the information that shows it's not safe, so why are we going to waste another 30 years with 218 contentions by the state and lawsuits that I know I was part of, this attorney general against your department or, excuse me, against the Department of Energy, and instead of looking forward in a comprehensive approach and utilizing the science to help us understand, and moving forward, and the new technology that is out there, that's all I'm looking for, and I'd love the industry to come to the table and work with us on that, so thank you. Steven Nesbit: The key question at Yucca Mountain is not whether it's built in volcanic tuff, but whether it can or cannot comply with the very conservative environmental standards that were laid down to protect the health and safety of the public, and that's the question that would be resolved in a licensing hearing before fair, impartial and qualified judges. Sen. Catherine Cortez Masto (NV): I disagree, but now that I have more time, let me add a little bit more to this. Because I think, for purposes of science, we really are. And I would ask the scientists here, isn't the intent here to decrease any type of unexpected opportunities with respect to science? So you want an, you want a place that is safe, that you are going to decrease any vulnerabilities with respect to that deep geologic site, instead of adding to those vulnerabilities by manmade, alleged safety barriers or natural safety periods, you're going to decrease those kinds of vulnerabilities. And isn't that what you're really looking for, for any type of site, a deep, geologic site and, maybe Mr. Fettus, I don't know if you have a response to that? Geoffrey Fettus: I couldn't agree more Senator Cortez Masto. The idea behind any geological repositories to find geologic media that can isolate the waste for that length of time, it's dangerous. And the problem that the Yucca Mountain project has repeatedly run into is, whenever it ran into the technical challenges that you so accurately described, the response was to weaken the standards, to allow the site to be licensed. So we don't look at the upcoming atomic safety and licensing board proceeding, if it were to ever go forward as as a full exercise and having the state have a fair say. Advanced Nuclear Technology: Protecting U.S. Leadership and Expanding Opportunities for Licensing New Nuclear Energy Technologies, Committee on Environment and Public Works: Subcommittee on Clean Air and Nuclear Safety, June 4, 2019 Witnesses: Chris Levesque - CEO at TerraPower William Magwood - Director General at the OECD Nuclear Energy Agency Transcript: 26:35 William Magwood: About 30 companies around the world are vying to develop game changing technologies, most of them working in gen four concepts. While ithere is great hope and enthusiasm at each of these companies, it's important to note that developing a new light water technology and shepherding it through regulatory approval costs at least a billion and a half. Generation four technologies will cost substantially more, and this is before billions are spent on demonstration facilities. The typical company working to develop an innovative nuclear technology today has perhaps a dozen engineers and scientists devoted to the technology efforts and access to tens of millions of dollars. In comparison, I recently visited the Shanghai Institute of Applied Physics, which is developing a molten salt reactor technology. Molton salt reactors are a gen four technology that is high interest to several private sector companies because it represents the path of extraordinarily safe and efficient nuclear reactors. They have the potential as consume waste rather than generate it. The project in China has currently over 400 scientist and engineers hard at work developing this technology with plans to build a demonstration reactor the next decade. 31:20 Chris Levesque: Demonstrating new nuclear technologies is the most important step to jumpstart an advanced U.S.nNuclear industry and compete globally. No company can commercialize advanced nuclear technology until it is demonstrated. Federal supportive demonstration efforts has driven down costs for technologies like solar, wind, and hydraulic fracturing. We need a similarly ambitious effort to demonstrate a portfolio of advanced nuclear reactors. This will take increased public private cooperation, and we need to start this now. 54:00 Chris Levesque: One thing the government and specifically this committee has done very right, I think, is the passage of NIMA because that really empowers our safety regulator to entertain these advanced reactor designs. So thank you for that support. And one area where improvement is needed, I think, and the committee has already focusing on this is with NELA, the Nuclear Energy Leadership Act. We really need a demonstration project. We need multiple demonstration projects in the U.S. where we actually design, build, and demonstrate advanced technologies. Otherwise this will all be talk and we won't realize this, this new technology in the United States. 59:00 Sen. Mike Braun (IN): So you mentioned computer modeling as a difference. Give me some other differences so I can easily understand what generation one and two is then what this miracle might be if we ever see it. Chris Levesque: Yeah. So this is leading to some of the benefits of advanced reactors. And this applies to many of the technologies. These are now low pressure systems. They're systems that have inherent safety, meaning we don't need a lot of extra mechanical and electrical systems.Sen. Mike Braun (IN): Can they store fuel onsite when it's spent? Chris Levesque: Well, they do require onsite fuel storage and some of them require a future geological repository which the U.S. government is working on. But many of these technologies like Terra Power's also because of the computer modeling, they have very advanced physics to the core that generate much lower waste at the end of the fuel cycle, up to an 80% reduction in that waste. And so that's why China and Russia, even though they're building plants that are much like what we developed in the U.S, they have their eyes on these advanced reactor designs and really the U.S, because of our national lab complex and our legacy from those plants I mentioned... Sen. Mike Braun (IN): But they're not built yet? They're still in the developmental stage? Chris Levesque: We are really the best poised... The U S has a leadership opportunity here that if we don't take it, China and Russia will. But we are best situated today to take leadership on advanced reactors. And if we don't, China and Russia will in a very short period of time. The time to act is now, as in this year, we need to begin work on demonstration of advanced reactors. 1:05:30 Sen. Sheldon Whitehouse (RI): And Mr. Levesque, one of my earliest exposures to Terra Power involved the proposition that the technology had the promise of allowing us to go back through the currently just sitting there, nuclear waste stockpiles that we have for which we have no plan and actually be able to utilize that and repurpose it as fuel and turn, as I said in my opening remarks, a liability into an asset. Is that still a focus of Terra Power? Will it remain a focus of Terra Power? Is that a focus of the industry? And what can we do to help make sure it remains the focus of the next gen or gen four industry? Chris Levesque: Senator, you're pointing to a very, a major capability of, of advanced reactors. Today's reactors only use about 5% of the fissile material before the reactor has to be shut down and the fuel is removed. It's just the way the physics work. Advanced reactors, including Terra Power's design, much more completely uses that fuel. Now, Terra Power's designs today plan on using depleted uranium, which is the waste product of the enrichment process. We can use either depleted uranium or natural uranium to fuel the traveling wave reactor. hHowever, this entire new family of advanced reactors does offer the potential to go and look at spent fuel. Of course, we, you know, we're waiting for the U S to develop a geologic repository for spent fuel. But advanced nuclear technologies do allow you the opportunity to go look at what amount of fissile material is remaining in that spent fuel and is there a way to utilize more of it? So that's yet another benefit of advanced reactors. 1:07:30 Sen. Sheldon Whitehouse (RI): If I may make a comment, Mr. Chairman, I know that you made from a very strong business background and if we were running United States incorporated, the liability of all that nuclear waste we have stockpiled all around the country and dozens of sites would show up when your auditors came and when you did your financial reporting to your shareholders, they would say here on the debit side of the column is this liability that you have for having to deal with this nuclear waste at some point, and if it was a $500 million liability, you'd have an incentive to spend up to $499 million to clean it up. But because we're the United States of America, not the United States incorporated, there is no place where it shows up in our balance sheet and so we really don't have that persistent economic incentive that a corporation would have to deal with it as a national issue. There's a bit of a carbon price flavor to the point I'm trying to make, but there's also, this is like the reverse of it. There's this liability and there's no way in which, as I can see it, that a Terra Power or somebody else can say, okay, there's a $500 million problem, that means I can come up with a $200 million solution and then we can split the difference and we're making like $150 million and my business sense gets motivated. My innovation juices start to flow to solve that problem. Instead of just sits there and the stuff has sat there for decades and we're waiting for the magic solution to go put it in Yucca mountain or someplace. But I don't see that happening without a revolt from Nevada. So we need to, I think there's an economic solution here as well. If this was a pure business proposition, there'd be a lot more energy in solving it because there'd be this account that was dragging on our balance sheet saying, fix me, fix me, fix me. Civilian Radioactive Waste Management, House Energy and Commerce Subcommittee on Environment and Hazardous Materials, June 1, 2011. Witnesses: Peter Lyons - then Assistant Energy Secretary for Nuclear Energy Gregory Friedman - then Energy Department Inspector General Martin Malsch - Attorney representing the State of Nevada. Christopher Kouts - Former Acting Director of Civilian Radioactive Waster Management at the US Department of Energy Transcript: 20:00 Rep. Shelley Berkley (NV): Thank you for inviting me to testify today. Let's get right to the point. Nevadans had been saying no to Yucca Mountain for decades and we will continue shouting "No" at the top of our lungs until this effort to shove nuclear waste down our throats is ended. I don't know who you met with, but I can tell you the latest poll polls show that 77% of the people of the state of Nevada don't want nuclear waste stored at Yucca Mountain. Why? Because we don't want our home turned into a nuclear garbage dump and we oppose more wasteful spending on a $100 billion dinosaur in the Nevada desert that should have gone extinct years ago. I know members of this committee will hear today from others who will say that Nevada's efforts to stop the dump is all political and it's nothing to do with science. Hogwash! The truth is that Nevada's opposition has always been based on the danger that Yucca mountain poses to our state and our nation. Make no mistake, the Yucca Mountain project was born of politics starting with the infamous 1987 Screw Nevada bill. And why was it politics? Because the state of Nevada had a very small delegation at that time and we were unable to protect the state from the 49 others. You want to talk about science? There's no radiation standards that currently exist because there's no way to create radiation standards to protect the public from nuclear waste with a 300,000 year half shelf-life. Originally, they were going to store nuclear waste at Yucca Mountain, then they realized there were groundwater problems, so we were going to store it in containers with a titanium shield to protect it from the dripping water. Then they realized that wasn't enough, cause the titanium shields were going to erode. So then they were going to build concrete bunkers to contain the titanium shields that contain the canisters. And then, the last secretary of energy in the Bush administration actually said he was going to create an army of robots that were going to go down to Yucca mountain because man can't go down there, and to be able to protect us from the, the nuclear waste leakage. This legislation, the Screw Nevada bill, did away with any pretense of science when it eliminated every other site under consideration as a dump location. At the same time, the nuclear industry and its allies have worked for years to silence Nevada's criticism and to minimize the fact that the proposed dump is located smack in the middle of an active earthquake zone. This is an area that has been rocked by violent earthquakes in the recent past and we know the risks it creates. Proponents of the dump have also sought to dismiss scientific finding, showing that water will enter Yucca mountain causing rapid corrosion of waste canisters and resulting in release of dangerous radioactive materials. And dump backers have worked tirelessly to downplay the risk to millions of Americans living along the transportation routes from decades of waste shipments barreling down our nation's roads and railways, with each canister a potential terrorist target or accident waiting to happen, whether caused by human error, mechanical failure, or a deliberate 911 style strike, a massive release of these deadly materials threatens to kill or injure Americans to release radioactive contamination and to shut down major portions of our interstate highway system and rail system. When it comes to plans for Yucca Mountain, the fact remains that you can never eliminate the risks that will accompany shipping nuclear waste across more than 40 states, through communities utterly unprepared to deal with radioactive contamination. We're talking about shipments, passing homes, hospitals, schools, every single day for four decades, and even more incredible, at the end of those 40 years, there will even be more waste in the cooling ponds than there were when the shipments began, and that's because as long as the plant is operating, some amount of nuclear waste will always remain at the nuclear facility, and that is why the threat posed by Yucca Mountain must be weighed against the availability of dry cask storage as an affordable solution to this problem and it's available today. Using this method, we can secure waste at existing sites and hardened containers, where they can remain for the next hundred years until we figure out what to do with this garbage. The nuclear industry is already utilizing dry cask storage at various locations around the U.S.. There's no reason we should not require plans to begin moving waste right now from cooling pools into hardened containers. In conclusion, Nevada remains in case you don't already know, opposed to more wasteful spending on a failed $100 billion project that threatens lives, the environment and the economy of my community and others across the nation. I will lay my body down on those railroad tracks to prevent any train that has nuclear waste in it from going to Yucca Mountain. I make that pledge to you and the people I represent. Nuclear waste can remain on existing sites and dry cask storage for the next century, giving us time to find an actual solution to replace the failed Yucca Mountain project and if anybody watched what was happening in Japan, and still has the audacity to suggest this for the people of our country, shame on us all! And Germany just announced that they were ending their nuclear program because they have no way to safely store nuclear waste. If Germany can figure that out, by gosh, the United States of America should be able to figure that out too. I yield back the balance of my time. 29:00 Rep. Doc Hastings (WA): What is truly not workable is the uncertainty that faces our commercial nuclear power industry, as they look to a future that may require them to house spent nuclear fuel on a site for decades because there is no geological repository ready to accept it. 30:15 Rep. Doc Hastings (WA):My district is home to the Hanford nuclear site. Part of the top secret Manhattan project that developed and constructed the first atomic bomb. The work done at Hanford helped win WW II and later provided the nuclear deterrents that helped defeat communism and end the Cold War. Today, Hanford is the world's largest, the world's largest environmental cleanup project, and the high level defense nuclear waste at Hanford is slated to be shipped to the national repository at Yucca Mountain. Right now, the Department of Energy is building, right now, a building, a critical $12 billion plant that will treat 53 million gallons of high level defense waste currently stored in underground tanks at Hanford and turn it into safe, stable glass logs that are scheduled to be stored at Yucca Mountain. The waste treatment plant, which is a $12 billion plant, which is over halfway done, is being built to beat specifications designed to match the geological structure and makeup of Yucca Mountain. 32:00 Rep. Doc Hastings (WA): Delaying or abandoning Yucca Mountain means that Hanford will be home to high-level defense waste even longer. The federal government's legal commitment to our state won't be kept, and clean up progress at Hanford will be jeopardized. With more defense waste slated to go to Yucca mountain than any other state in the union, the stakes for my state of Washington cannot be higher and the risks could be not more, not more real. 32:30 Rep. Doc Hastings (WA): In addition, Richland, which is just south of the Hanford project, is the home to Pacific northwest only commercial nuclear power plant, the Columbia Generating Station. The spent nuclear fuel from this plant is also slated to go to Yucca mountain, but without Yucca opening, the spent fuel will have to be kept onsite for an unknown amount of time, at great expense to the taxpayers and rate payers. 1:33:00 Rep. Jay Inslee (WA): This is very disturbing on a couple of bases. One is, in my state, the state of Washington, we have people very diligently trying to follow their obligations legally and in their profession, getting this waste ready to ship to Yucca. They're going to be ready to ship 9,700 canisters to Yucca. They're doing their job, but the department's not doing its job. Now that's on a local concern, but on a national concern, I just think this situation is one of a failed state. You know, they talk about fail states around the world? This- because of the failure to follow the clear law here, this is the equivalency of a failed state. We reached a national decision. It is unpopular in one local part and a beautiful part of the country, as it will be in any part of the country that we ever have this decision made and yet we can't execute a decision. Now this, this sort of flagrant statement that social acceptance is now a legal criteria, I don't understand. I just ask Dr. Lyon, how are we ever to build anything like a nuclear waste repository anywhere in the United States if social acceptance is a mandatory criteria to build something? Dr. Peter Lyons: I use the example in my testimony of the waste isolation pilot plant in New Mexico, which has the strongest local acceptance, and I noted that there are a number of international examples where with careful education, with transparent processes, there has been strong acceptance of repository programs. 1:35:00 Rep. Jay Inslee (WA): And obviously in the decision making of the department based on the best science and geology and hydrology, we decided Nevada was the best place. But now you're telling me we're gonna maybe look for a less scientifically credible, less geologically stable, less hydrologically isolated place because we might get a little better social acceptance. That is a failed policy by a failed state and I have to just tell you, regardless who the administration is, in an abject failure to follow federal law here is most disturbing and it's unacceptable. And I don't really want to think I want to belabor you with too many more questions. I just want to tell you it's unacceptable by any administration of any party to make a decision when we're dealing with this number of curies of radiation based on social acceptance is an, is just a, not a, a winner for this country. 1:41:43 Gregory Friedman: Approximately 10% of Yucca mountain was designated as I am, as I recall, for a high level defense waste and spent nuclear-, defense spent nuclear waste. My understanding is that the current inventory of waste in that category exceeded, exceeds even the 10% of the Yucca mountain that was set, reserved for that purpose originally. 2:07:00 Martin Malsch: The original 1982 Nuclear Waste Policy act forsaw many of the problems which that now afflict the Yucca mountain program. Among other things, it sought fairness and redundancy by requiring multiple sites from which to choose ultimate locations for repositories and it's strove for regional equity by setting up site selection programs for two facilities, one in the west and one in the east. However, all this was scrapped in 1987. Congress decreed that all repository development efforts must focus now on just one site in Nevada and it did so not withstanding incomplete scientific information and the fact that now spent reactor fuel and high level waste from every region in the country would now be sent to a single western state with no nuclear power plants or high level waste generating facilities. After 1987, there was only one possible site and inevitably as more and more dollars were spent, it became progressively more difficult to admit that the selection of Yucca Mountain had been a mistake. But we know now things we did not know in 1987. We now know that groundwater will reach the wastes at the site in about 50 years, not the hundreds or thousands of years it had been originally thought. We now know the Yucca Mountain is not dry. Total of water seepage into the tunnels where the waste will be located will be as much as 130,000 kilograms per year. These and other serious problems led to even more exotic and doubtful engineering fixes. When it appeared likely that the Yucca Mountain site could not satisfy certain EPA and NRC licensing requirements, the requirements were simply eliminated. These actions by Congress and then by EPA DOE and NRC destroyed the credibility of the program. 2:18:00 Christopher Kouts: Because the development of Yucca mountain has been such a contentious and protracted process, it is being suggested that only consensual siting of these facilities should be pursued. I would submit to the subcommittee that the U.S. and international experience in this area proves otherwise. In my discussions over the years with the directors of repository programs abroad, they have consistently expressed their concerns that due to the very long time frame to repository programs take to develop, any political consensus at the beginning can evaporate with one election, just as it has in the U.S. with Yucca Mountain. At the end of the day, implementing a repository program requires steady, consistent national leadership. Nuclear Waste Storage, House Energy and Commerce Committee, April 18, 2002 Witnesses: Jim Gibbons - then Representative followed by Governor of Nevada from 2007 to 2011 Spencer Abraham - Secretary of Energy from 2001-2005 Transcript: 41:45 Rep. Jim Gibbons (NV): The disposal of the nation's high level nuclear waste has been and remains an important issue for many Americans. However, for the past 20 years it has been the single most important issue for the state of Nevada. And just as a historical note, Mr Chairman, the Nuclear Waste Policy act of 1982 as amended in 1987, selected Nevada and Yucca Mountain as the sole site to be studied for consideration of a nuclear repository. It's very important to note Mr Chairman, under this law and its subsequent amendment, a finding that the site is suitable to become a high level waste repository for the next 10,000 years would require and I repeat, would require that the site be determined "geologically sound". Mr Chairman, as the person who holds a Master of Science degree from the University of Nevada in geology, I'm probably one of the few geologists in Congress, but I can tell you having looked at this, Yucca mountain is not, nor will it ever be geologically sound. If the site is geologically sound, why so much cost on the engineering aspect of this project? The answer is, you cannot spend enough money to make a mountain geologically sound. What will the DOI, DOE realize is that they can spend enough to make the manmade engineering barrier sound? The problem is that is not what the law requires. If you look at the fine print and if you look hard enough, you'll see that the DOE has failed to prove Yucca mountain's geologic suitability and they have made promises that they cannot keep. How do I know this and how do the American people know this? Because once DOE started digging and actually studying Yucca Mountain, they realized they would have to change the rules in order to meet the suitability standards mandated by Congress in the act. And what the DOE found out was this,-one, rates of water infiltration into the mountain are on the order of 100 times higher than previously thought. Two, credible studies indicate a significant presence of Basaltic volcanism in and around Yucca Mountain. Three, with Nevada ranking third in the nation in seismic activity, it has been determined that there have been nearly 700 cases of earthquake or seismic activity of 2.5 magnitude on a Richter scale or more near Yucca Mountain since 1976, that's 700 occurrences. In fact, about 10 years ago, a 5.6 level earthquake occurred less than 10 miles from Yucca Mountain and actually caused some damage to nearby DOE facilities. So what has been the DOE response to these findings? Findings that even the DOE themselves acknowledge? They retroactively changed the rules for site suitability. They moved the goalpost. You see, the DOE cannot prove Yucca Mountain's capability of serving as a longterm high level nuclear waste repository that is geologically sound. Their response? Adopt new rules, permitting the agency to rely entirely on man-made waste packages. Mr Chairman, I ask, is this what Congress intended? I don't think so. Cover Art Design by Only Child Imaginations Music Presented in This Episode Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)

Energy & Commerce Subcommittee on Digital Commerce and Consumer Protection Chairman Bob Latta (OH-5) are joined by his committee members Leonard Lance (NJ-7) and Larry Bucshon (IN-8) to discuss the Internet of Things and what policies may balance continued rapid tech advancement with consumer privacy and safety.

If you are an American adult, there is a good chance that criminals now have the ability to match your name and social security number, greatly increasing your risk of becoming a victim of identity fraud. In this episode, hear highlights from Congressional hearings about the Equifax breach that exposed the personal information of 145.5 million Americans as we explore the key role that credit reporting companies play in our society. Please Support Congressional Dish Click here to contribute using credit card, debit card, PayPal, or Bitcoin Click here to support Congressional Dish for each episode via Patreon Mail Contributions to: 5753 Hwy 85 North #4576 Crestview, FL 32536 Thank you for supporting truly independent media! Bills H.J.Res.111: Providing for congresional disapproval under chapter 8 of title 5, United States Code, of the rule... H.R. 624: Social Security Number Fraud Prevention Act of 2017 H.R. 2622 (108th): Fair and Accurate Credit Transactions Act of 2003 Additional Reading Blog Post: The USS senate is preventing companies like Equifax being held accountable for major screw-ups by Tim Fernholz, Quartz Media, October 24, 2017. Article: The IRS gave Equifax a $7.25 million contract, and a congressman thought it was a joke from The Onion by Aaron Mark, Slate, October 4, 2017. Article: Equifax suffered a hack almost five months earlier than the date it disclosed by Michael Ray, Anita Sharpe, & Jordan Robertson, Bloomberg Technology, September 19, 2017. Article: The Equifax data breach: What to do by Seena Gressin, Federal Trade Commission, September 8, 2017. Article: Wells Fargo uncovers up to 1.4 million more fake accounts by Matt Egan, CNN Money, August 31, 2017. Article: Wells Fargo forced unwanted auto insurance on borrowers by Gretchen Morenson, The New York Times, July 27, 2017. Blog Post: U.S. cities with the best & worst credit scores by Mike Brown, Lend EDU, April 12, 2017. Article: Two major credit reporting agencies have been lying to consumers by Gillian B. White, The Atlantic, January 4, 2017. Report: CFPB orders TransUnion and Equifax to pay for deceiving consumers in marketing credit cores and credit products, CFPB, January 3, 2017. Article: Class-action suits target Experian over T-Mobile breach by Andrew Blake, The Washington Times, November 11, 2015. Article: The long, twisted history of your credit score by Sean Trainor, Time, July 22, 2015. Publication: Data point: Credit invisibles by Kenneth P. Brevoort, Philipp Grimm, & Michelle Kambara, CPFB, May 2015. Blog Post: 4 things to do when your credit score reaches 'good' or 'excellent' by Simple.Thrifty.Living, Huffpost, April 14, 2015 Article: What's the difference between a fraud alert, credit freeze, & credit lock? by STAFF, Lexington Law, January 26, 2015. Article: Revealed: One in four of the UK's top companies pay no tax while we give them millions in credits by Alex Hawkes and Simon Watkins, The Mail, March 2, 2013. Article: The high cost of a 'free credit report' by Stephanie Clifford, The New York Times, August 4, 2008. Article: Credit scores - what you should know about your own by Malgorzata Wozniacka & Snigdha Sen, Frontline, November 23, 2004. Publication: An overview and history of credit reporting by Mark Furletti, Discussion Paper, June 2002. Article: Witness says credit bureaus invade privacy and asks curb by Roy Reed, New York Times, March 13, 1968. References Bill Actions Tracking: H.J.Res.111 Credit Report Website: https://www.annualcreditreport.com/index.action Experian: ChoiceScore Info FTC Consumer Response Center: A summary of your rights under the Fair Credit Reporting Act Identity Theft Website: https://identitytheft.gov/ Open Secrets: Experian Client Profile Summary Open Secrets: Trans Union Corp Client Profile Summary Senate Vote Summary: H.J.Res.111 Sound Clip Sources Senate Session: US senate approves disaster relief bill; Senate; October 24, 2017. 3:57:20 Sen. Sherrod Brown (OH): Studies show that Wall Street and other big companies win 93 percent of the time in arbitration. Ninety-three percent of the time in arbitration the companies win. No wonder they are fighting like hell. No wonder they have lobbied this place like we have never seen. No wonder every Wall Street firm is down here begging their Senators to stand strong with Wall Street and pass this CRA, pass this resolution to undo the rule stopping forced arbitration. 4:05:00 Sen. Mike Crapo (ID): The real issue is whether we will try to force the resolution of disputes in financial resolution into class action lawsuits. This is a question about whether we should force dispute resolution mechanisms into class actions. In fact, let me read the actual language of the rule that we are debating. It doesn’t say anything about forced arbitration clauses. In fact, the rule doesn’t stop arbitration clauses in contracts. It stops protections in arbitration clauses against class action litigation. Let’s read what the actual rule says: The CFPB rule prohibits a company from relying in any way on a predispute arbitration agreement with respect to any aspect of a class action that concerns any consumer financial product or service. In other words, the entire purpose of this rule is to promote class action litigation and to stop arbitration resolution when there is a dispute. Hearing: Equifax Sen Banking Hearing; Senate Judiciary Committee, Subcommittee on Privacy, Technology, and the Law; October 4, 2017. Witness: Richard Smith: Former Chairman & CEO of Equifax 27:20 Sen. Chuck Grassley (IA): Additionally, we must appreciate that fact that not all data breaches are the same. The information and risk of harm can greatly vary from one breach to another. For example, the past breaches at Target and Neiman Marcus, which this committee held a hearing to examine, involved financial information such as credit and debit cards. Of course, this is information that absolutely must be protected and secured. If it falls in the wrong hands, it can create a lot of problems for individuals. But in the Equifax data breach, I think that’s different. It’s important that consumers and policymakers recognize this distinction because the threat landscape has changed. The information hackers obtained or gained access to in the Equifax breach is the most sensitive personal information used by thieves to commit identity theft. So, we should let that sink in very definitely. A credit card number or bank account information can be changed with a phone call, but you can’t change your social security number and your date of birth. Anyone who’s ever applied for a loan, a credit card, a job, or opened a bank account knows you have to provide a social security number, date of birth to verify your identity. Thus, if someone has this information they can do the same and take over your identity. They can become you. And you won’t know it happened until it’s too late. 38:30 Sen. Jeff Flake (AZ): In your testimony before the House yesterday, you stated that Equifax’s “traditional business model is with companies, not with 400 million consumers.” What portion of Equifax’s business is consumer facing? Richard Smith: Mr. Chairman, roughly 10% of our revenues around the world come from what we call B to C—business to consumer. Flake: That’s 10%. Then, what is the main source of Equifax’s revenue stream? Smith: The vast majority, the remaining, is largely doing analytics, insights, and providing solutions to banks, telecommunications companies, credit card issuers, insurance companies, and the like around the world. Flake: So, if only 10% of the revenue is consumer facing, what is the company’s incentive for keeping consumer data secure when it has no meaningful interaction or limited meaningful interaction with the accountability of consumers? Smith: We are clearly viewed as a trusted steward of that information, and losing that information violates the trust and confidence not only of the consumer but also of the companies we do business with as well. 1:01:52 Sen. Patrick Leahy (VT): You spent a lot of money lobbying against as consumer-protection act that might require you to notify consumers immediately in such breaches. Are you still going to fight and still spend hundreds of thousands of dollars to stop that kind of a consumer-protection bill from going through? Richard Smith: Senator, I can tell you as a company we do have a government-relations team. In the scheme of things, it’s relatively small. We’re a company with expenses of well over $2 billion. I think our entire lobbying budget, which includes association fees, is a million dollars or less. Leahy: I could care less what your budget is for lobbying. The fact is you opposed legislation that might require notifying consumers, might actually give consumers the ability to respond when they’ve been hurt. Are you going to—is Equifax going to continue to fight consumers’ right to know? Smith: One, I’m unaware of that particular lobbying effort you’re referring to. I can talk to the company, but I’m unaware of that particular lobbying effort. Leahy: It was in your report that you have to file on your lobbying expenses. 1:03:30 Sen. Mazie Hirono (HI): Do consumers have the right to find out what kind of information data brokers like Equifax has on them? Richard Smith: Do they have the right? Hirono: Yeah, yes. Can they call Equifax up and say, what do you have on me? Smith: Every consumer has the right to a free credit report from us, from the industry, and that credit report would detail all the information that the credit file would have on them. Hirono: But that’s just their credit, but you have a lot of other information on everybody besides just their credit information, do you not? Smith: Yes, we do. Hirono: So, if—and my understanding is that you get all this information free. You don’t pay anybody for the information you gather on 145 million people, which is more than one out of three people in our entire country. Smith: It’s largely free. There are exceptions, obviously, but this business, as you know, we’re 118 years old. We’re part of a federally regulated ecosystem that enables consumers to get access to credit. Hirono: Yes. Smith: So that data’s there, and it’s used at their consent, by the way. Regardless of the type of data we have—if it’s your employment data or your income data or your credit data—that data can only be accessed if you as a consumer give the consent for someone to access that. Hirono: How does one give consent— Smith: If you— Hirono: —if you’re selling the information that you have on them? Smith: So, if you as a consumer go to your bank and want to get a credit card, for example, when you sign a contract with the bank for the credit card, you’re allowing the bank the access to approve your credit, in this particular case, to give you the best rate and the best line. 1:17:52 Sen. Richard Blumenthal (CT): Can you guarantee this committee that no consumer will ever be required to go to arbitration? Richard Smith: I cannot, sir. Blumenthal: Why? Smith: Well, one, I’m no longer with the company. I can talk to the management team. Blumenthal: Well, that’s what I mean by the designated fall guy. You know, you’re here, you can’t speak for the company. I’m interested in looking forward. How will consumers be protected? Will arbitration be required of them? Will they be compensated for the sense of security that has been lost? Will there be a compensation fund? Will there be insurance against that kind of loss? And I’m talking about a compensation fund that applies to them because of that loss of privacy. These kinds of questions, which you’re unable to answer because you’re no longer with the company, are as profound and important as any investigative effort looking back, and I recognize you’re here without the authority to make these decisions, but I think someone from the company has to make them. Hearing: Equifax Senate Banking; Senate Banking Committee; October 4, 2017 Witness: Richard Smith: Former Chairman & CEO of Equifax 6:03 Sen. Sherrod Brown (OH): But security doesn’t generate short-term profits. Protecting consumers apparently isn’t important to your business model, so you gather more and more information, you peddled it to more and more buyers. For example, you bought a company called TALX so you could get access to detailed payroll information—the hours people worked, how much they were paid, even where they lived—7,000 businesses. You were hacked there, too, exposing the workers of one proud Ohio company—400,000 workers at Kroger—and an unknown number of people’s information to criminals who used it to commit tax fraud. 26:35 Sen. Ben Sasse (NE): Your organization has committed to providing identity-monitoring services for the next year, but I’m curious about whether or not Equifax and your board have deliberated. Do you think your responsibility ends in one year, in two years, in five years, in 10 years; and if you think it ends at some point, have you tried to think about the goodwill and balance sheet impact of all this? How can you explain to an American whose identity might be stolen later because of this breach why your responsibility would ever end? Does it end? Richard Smith: I understand the question. And it extends well beyond a year, Senator. The first step we took was the five services we mentioned to the chairman a minute ago, which gets the consumer through one year. The ultimate control for security for a consumer is going to the lifetime lock. The ability for a consumer to lock down his or her file, determine who they want to have access for life— Sasse: But isn’t this—just to interrupt—isn’t that about people who might be breached in the future. I’m talking about the 145 million whose data has already been stolen. Does your responsibility end, or what do you think your legal obligations are to them? Smith: I think the combination of the five services we’re offering combined with the lifetime lock is a good combination of services. Sasse: I actually think the innovation of some of the stuff you proposed for the big three going forward is quite interesting, but why does any of that five really do much for the data that’s already been stolen? Smith: Senator, again, the combination of the five offerings today plus the lifetime lock we think is the best offering for the consumer. Sasse: Okay, I don’t think you’ve really answered the question about whether or not you’re exposure legally ends for the 145 million. 29:13 Sen. Ben Sasse (NE): I want to open, at least, the allegations that Equifax executives engaged in insider trading relating to knowledge of this cyber breach. One of the clearest times in definitions of insider trading occurs when a business executive trades their company stock because of confidential knowledge that they have gained from their job. I’m sure you can imagine why Americans are very mad about the possibility that this occurred here. While insider trading is going to be discussed a lot more later in this hearing, I wish you could just very quickly give us a timeline of the first steps. When did Equifax first learn of the May 2017 breach, and when did you inform the FBI of that breach? Richard Smith: Thank you. I’ll answer as quickly as I can. We notified the FBI cybersecurity forensic team and outside global law firm on August 2. At that time, all we saw was suspicious activity. We had no indication, as I said in my oral testimony, of a breach at that time. You might recall that the three individuals sold stock on August 1 and 2. We did not have an indication of a breach until mid- to late August. Sasse: So you’re saying that those three executives—Mr. Chairman, I’ll stop—you’re saying those three executives had no knowledge of a breach on August 1 or 2. Smith: To the best of my knowledge, they had no knowledge and they also followed our protocol to have their stock sales cleared through the proper channels, which is our general counsel. 32:00 Sen. Jon Tester (MT): Let’s fast forward to the 29th of July, and you learned for the first time that your company has been hacked—don’t know how big the hack is, but it’s been hacked—and it was preceded by this notification from US-CERT. Three days after, as Senator Sasse pointed out, you had three high-level execs sell $2 million in stock. That very same day, you notified the FBI of the breach. Can you tell me if your general counsel was held accountable for allowing this stock sale to go forward? Or did he not know about the breach. Richard Smith: Senator, clarification: On the 29th and 30th, a security person saw suspicious activity, shut the portal down on the 30th. There was no indication of a breach at that time. The internal forensics began on the 30th. On the 2nd we brought in outside cyber experts—forensic auditors, law firm, and the FBI. The trades took place on the 1st and the 2nd. At that time, the general counsel, who clears the stock sales, had no indication—or to the company—of a security breach. Tester: Well, I’ve got to tell you something, and this is just a fact, and it may have been done with the best of intentions and no intent for insider trading, but this really stinks. I mean, it really smells really bad. And I guess smelling bad isn’t a crime. But the bottom line here is that you had a hack that you found out about on the 29th. You didn’t know how severe it was. You told the FBI about the breach. On that same day, high-level execs sell $2 million worth of stock, and then you do some investigation, evidently, and you find out at the end of the month that—or, at least, by the first part of September—that this is a huge hack, and you finally notify the public. And as was pointed out already in this committee, these are people that didn’t ask for your service. You’ve gathered it. And now it’s totally breached. And then, as Senator Sasse said, what’s the length of exposure here, and you said, we’ll be doing these five things. That’s proactive, and I think we can all applaud those efforts. But I’ve got to tell you, that doesn’t do a damn thing for the people who have had their identity stolen and their credit rating stolen. So let me ask you this: So their credit rate goes up a little bit, and they go buy a house for 250,000 bucks on a 30-year note, and it costs them 25 grand. Are you liable for that? Smith: Senator, I understand your anger and your frustration. We’ve apologized for the breach, we’ve done everything in our power to make it right for the consumer, and we think these services we’re offering is a right first step. 53:57 Sen. Elizabeth Warren (MA): In August, just a couple of weeks before you disclosed this massive hack, you said—and I want to quote you here—“Fraud is a huge opportunity for us. It is a massive, growing business for us.” Now, Mr. Smith, now that information for about 145 million Americans has been stolen, is fraud more likely now than before that hack? Richard Smith: Yes, Senator, it is. Warren: Yeah. So the breach of your system has actually created more business opportunities for you. For example, millions of people have signed up for the credit-monitoring service that you announced after the breach—Equifax is offering one year of free credit monitoring—but consumers who want to continue that protection after the first year will have to pay for it, won’t they, Mr. Smith. Smith: Senator, the best thing a consumer could do is get the lifetime lock. Warren: I’m asking you the question. You’re offering free credit monitoring, which you say is worth something, and you’re offering it for only one year. If consumers want it for more than one year, they have to pay for it. Is that right? Smith: Yes, Senator. But the most, the best thing a consumer can do is the lock product. It’s better than monitoring. Warren: Okay, but, they’re going to have to pay after one year if they want your credit monitoring, and that could be a lot of money. So far, seven and a half million people have signed up for free credit monitoring through Equifax since the breach. If just one million of them buy just one more year of monitoring through Equifax at the standard rate of $17 a month, that’s more than $200 million in revenue for Equifax because of this breach. But there’s more. LifeLock, another company that sells credit monitoring, has now seen a 10-fold increase in enrollment since Equifax announced the breach. According to filings with the SEC, LifeLock purchases credit monitoring services from Equifax; and that means someone buys credit monitoring through LifeLock, LifeLock turns around and passes some of that revenue directly along to Equifax. Is that right, Mr. Smith? Smith: That is correct. Warren: That’s correct. Okay. The second Equifax announced this massive data breach, Equifax has been making money off consumers who purchased their credit monitoring through LifeLock. Now, Equifax also sells products to businesses and government agencies to help them stop fraud by potential identity thieves. Is that right, Mr. Smith? Smith: Yes, Senator. There’s one clarification. You’d mentioned the LifeLock relationship— Warren: Uh-huh. Smith: —which was accurate. At the same time, the majority of that revenue we normally generate is direct to consumer. We’ve shut that down. We’re no longer selling consumer product directly. Warren: I’m sorry. My question is, every time somebody buys through LifeLock—and they’ve seen a 10-fold increase since the breach—you make a little more money. We actually called the LifeLock people to find this out. So, I asked you the question, but I already know the answer. It’s true. You’re making money off this. So, let me go to the third one. Equifax sells products to businesses and government agencies to help them stop fraud by potential identity thieves, right? Smith: To the government, yes. Not to the business. Warren: You don’t sell to businesses? Just small businesses? Smith: We sell business, but it’s not to prevent fraud. That’s not the primary focus or business. Warren: But to stop identity theft, you don’t have any products that you’re touting for identity-theft purposes? Smith: Senator, all I’m saying is the vast majority we do for businesses is not fraud. Warren: Look, you’ve got three different ways that Equifax is making money, millions of dollars, off its own screw up, and meanwhile, the potential costs to Equifax are shockingly low. Consumers can sue, but it turns out that the average recovery for data breaches is less than $2 per consumer, and Equifax has insurance that could cover some big chunk of any potential payment to consumers. So, I want to look at the big picture here. From 2013 until today, Equifax has disclosed at least four separate hacks in which it compromised sensitive personal data. In those four years, has Equifax’s profit gone up? Mr. Smith? Smith: Yes, Senator. Warren: Yes, it has gone up, right? In fact, it’s gone up by more than 80% over that time. You know, here’s how I see this, Mr. Chairman. Equifax did a terrible job of protecting our data because they didn’t have a reason to care to protect our data. The incentives in this industry are completely out of whack. Because of this breach, consumers will spend the rest of their lives worrying about identity theft. Small banks and credit unions will have to pay to issue new credit cards, businesses will lose money to thieves, but Equifax will be just fine. Heck, it could actually come out ahead. Consumers are trapped, there’s no competition, nowhere else for them to go. If we think Equifax does a lousy job protecting our data, we can’t take our data to someone else. Equifax and this whole industry should be completely transformed. Consumers—not you—consumers should decide who gets access to their own data. And when companies like Equifax mess up, senior executives like you should be held personally accountable, and the company should pay mandatory and severe financial penalties for every consumer record that’s stolen. Mr. Chairman, we’ve got to change this industry before more people are injured. 1:22:00 Sen. John Kennedy (LA): It just seems incongruent to me that you have my information—you don’t pay me for it; you don’t have my permission — you make money collecting that information, selling it to businesses — and I think you do a service there; don’t misunderstand me — and you also come to me—you can’t run your business without me; my data is the product that you sell — and you also offer me a premium service to make sure that the data you’re collecting about me is accurate. I mean, I don’t pay extra in a restaurant to prevent the waiter from spitting in my food. You understand my concern? Richard Smith: I understand your point, I believe, but another way to think about that is the monitoring part that you’re referring to, Senator? Kennedy: Uh-huh. Smith: In the future, it’s far less required if you as a consumer have the ability to freeze, or lock as we call it, and unlock your file. And that is free for life. Kennedy: But it’s not just the freeze part. What if you had bad information about me? Have you ever—has an agency ever had bad information about you, and you had to go through the process of correcting it? Smith: Yes, Senator. There’s a process that if— Kennedy: It’s a pain in the elbow, isn’t it. I mean, the burden’s kind of on – you have my data, which you haven’t paid me for. You’re earning a good living, which I don’t deny you. I believe in free enterprise. I think this is a very clever business model you’ve come up with. But you’re earning your money by selling my data, which you get from me and don’t pay me for, to other people, but if the data is wrong that you have about me, I would think you would want to make it as easy as possible to correct it, not as hard as possible. Smith: I understand your point, and it’s an important point for the entire industry to make the process as consumer-friendly as possible if there’s an error on your utility bill, if there’s an error on your bank bill, your credit card statement, to work with consumers to make— Kennedy: Well, can you commit to me today that Equifax is going to set up a system where a consumer who believes that Equifax has bad information about him can pick up the phone and call a live human being with a beating heart and say, here’s this information you have about me that you’re selling to other people—you’re ruining my credit, and it’s not true, and I want to get it corrected. How are you going to correct it, what information do you need from me to prove that it’s incorrect, and when are you going to get back to me, and give me your name and phone number so I can call you. Smith: Senator, I understand your point. There is a process that exists today. More than half— Kennedy: Yeah, and it’s difficult, Mr. Smith. Smith: Be more than happy to get the company to reach out to your staff, explain what we do, and what we’re doing to improve that process. I hear you. Hearing: House Equifax CEO Hearing; House Energy and Commerce Subcommittee on Digital Commerce and Consumer Protection; October 3, 2017 Witness: Richard Smith: Former Chairman & CEO at Equifax 5:13 Rep. Jan Schakowsky (IL): The Equifax data breach was massive in scale: 145.5 million American victims as of yesterday. I would call it shocking, but is it really? We have these under-regulated, private, for-profit credit reporting agencies collecting detailed personal and financial information about American consumers. It’s a treasure trove for hackers. Consumers don’t have a choice over what information Equifax or, for example, TransUnion or Experian, have collected, stored, and sold. If you want to participate in today’s modern economy; if you want to get a credit card, rent an apartment, or even get a job often, then a credit reporting agency may hold the key. Because consumers don’t have a choice, we can’t trust credit reporting agencies to self-regulate. It’s not like when you get sick at a restaurant and decide not to go there anymore. Equifax collects your data, whether you want to have it collected or not. If it has incorrect information about you, it’s really an arduous process—I’ve tried it—to get it corrected. When it comes to information security, you are at the mercy of whatever Equifax decides is right; and once your information is compromised, the damage is ongoing. Given vast quantities of information and lack of accountability, a major breach at Equifax, I would say, would be predictable if not inevitable. I should really say breaches. This is the third major breach Equifax has had in the past two years. From media reports and the subcommittee’s meeting with Equifax officials after the breach, it’s clear to me that the company lacked appropriate policies and practices around data security. This particular breach occurred when hackers exploited a known vulnerability that was not yet patched. It was months later before Equifax first discovered the breach, and it was another several weeks before Equifax shared news with consumers, this committee, the Federal Trade Commission, and the Consumer Financial Protection Bureau. Senior officials at the company are saying they weren’t immediately aware that the breach occurred, and yet, by the way, there were executives who sold over a million dollars in stock just days after the breach was discovered but, yet, not reported. And for a lot of Americans, that just doesn’t pass the smell test. 22:45 Richard Smith: We know now that this criminal attack was made possible because of combination of human error and technological error. The human error involved the failure to apply a software patch to our dispute portal in March of 2017. Technological error involved a scanner which failed to detect that vulnerability on that particular portal. Both errors have since been addressed. On July 29 and July 30, suspicious activity was detected, and a team followed our security-incident protocol. The team immediately shut down the portal and began our internal security investigation. On August 2, we hired top cybersecurity, forensic, and legal experts, and at that time, we notified the FBI. At that time, to be clear, we did not know the nature or the scope of the incident. It was not until late August that we concluded that we had experienced a major breach. 47:53 Rep. Frank Pallone (NJ): All right, during your tenure at Equifax, you expanded the company’s business into packaging and selling other people’s data, and in that August 17 speech, you explained that having free data with a gross margin of profit of about 90% is—and I quote—“a pretty unique model.” And I get that this unique model is a good deal for Equifax, but can you explain how it’s a good deal for consumers? Richard Smith: Thank you, Congressman. I think I understand the question. Our industry has been around for a number of years, as you know. In fact, Equifax is a 118-year-old company. We’re part of a federally regulated ecosystem that enables consumers to get access to credit when they want access to credit and, hopefully, at the best rates available to them at that time. So we’re very vital to the flow of economy, not just in the U.S. but around the world. Pallone: All right, I want to turn to what Equifax is offering consumers in the wake of this breach, specifically the free credit-lock service that is supposed to be introduced next year. We’ve been told that this free credit-lock service could require consumers to consent to Equifax sharing or selling the information it collects from the service to third parties with whom the individual already has a business relationship for marketing or other purposes. Is that true? Smith: This product will be a web-enabled, mobile-enabled application that will allow a consumer at a time he or she, if they decide they want access to credit, can simply toggle on, toggle off that application to give the bank, credit card issuer, auto lender, access to their credit file to approve their loan. Pallone: Well, by agreeing to use the Equifax’s lock service, will consumers also be opting in to any additional marketing arrangements, either via Equifax or any of its partners? Smith: Congressman, we’re trying to change the paradigm. What I mean by that is, this will be in an environment viewed as a service, a utility, not a product. But we know cross-selling, upselling, or any products available to the consumer, when they go to get and sign up for the lock product, it’s a service to them, and that’s the only product—this service they’ll be able to get. Pallone: Will Equifax give consumers an easy and free method to choose not to share their data in this way, even if the consumer already has a business relationship with the third party? Smith: Yeah, Congressman, I’d envision as this evolves over time, the consumer will have the ability to invite into their world who they want to have access and who they do not. It’ll be their choice, their power, not ours, to make that decision. Pallone: Now, last week, the interim CEO announced that by January 31 of 2018 Equifax would make locking and unlocking of a person’s Equifax credit report free forever. A credit-report lock is already included in TrustedID Premier and other services like credit monitoring and identity-theft insurance. Will that still end after one year? Smith: Congressman, a couple of differences. Number one, the product we offer today for consumers protects the consumer at the same-level protection they’d get January 31. The difference is, today is a browser-enabled product, or service; the 31 of January it’ll be an application, much simpler and easier for the consumer to use. The protection is largely the same. So they get this free service when they sign up for one year. At the end of the one year, effective January 31 of 2018, it goes into the new lock product. Pallone: I guess the difference, other than not expiring, between the credit-report lock that is part of TrustedID Premier and the credit-locking tool that will be available in January, why not just extend the freeze program? Smith: There’s a difference between the freeze product, which came to pass with FACTA back in 2003, passed into law in 2004, that is now governed by state laws in all states, and it’s a cumbersome process for a consumer. In many cases, some states require you to mail in your request for a freeze and that we must mail you a PIN, so your ability to get access to credit when you want credit is encumbered. A consumer could go to a car dealer or to a bank to get a credit card, forget his or her PIN on a freeze product, have to go back home, look for the PIN, mail the PIN in, so it’s a cumbersome process. The lock product we’re offering today is a big step forward; lock product for the 31 of January is an even further step forward. 53:00 Rep. Joe Barton (TX): Mr. Smith, what’s the market value of Equifax? What’s your company worth, or your former— Richard Smith: Congressman, last time I checked it’s somewhere close to 13 billion. Barton: Thirteen billion. I’m told by my staff that this latest data breach was about 143 million people. Is that right? Smith: We were informed yesterday from the company that is typical in a forensic audit, there was some slight movement and the numbers adjusted. Press release came out from the company last night. It’s 145.5. Barton: A hundred—well, okay, I appreciate your accuracy there. But under current law, you’re basically required to alert each of those that their account has been hacked, but there’s really no penalty unless there is some sort of a lawsuit filed and the Federal Trade Commission or state attorney general files a class-action lawsuit against your company. So you really only notify—you’re just required to notify everybody and say so sorry, so sad. I understand that your company has to stay in business, has to make money, but it would seem to me that you might pay a little bit more attention to security if you had to pay everybody whose account got hacked a couple thousand bucks or something. What would the industry reaction be to that if we passed a law that did that? Smith: Congressman, I understand your question. I think the path that we were on when I was there and the company’s continued is the right path, and that’s a path, a line that the consumers to control the power of who and when accesses a credit file going forward, taking the— Barton: Well, a consumer can’t control the security of your system. Smith: That is true, sir, but they can control— Barton: And your security people knew there was a problem, and according to staff briefings that I’ve been a part of, they didn’t act in a very expeditious fashion until the system had already been hacked. And, I mean, you’re to be commended for being here. I don’t think we subpoenaed you. I think you appeared voluntarily, which shows a commendable amount of integrity on your part, but I’m tired of almost every month there’s another security breach, and it’s okay, we have to alert you. I checked my file to see if I was one of the ones that got breached, and apparently I wasn’t. I don’t know how I escaped, but I didn’t get breached, but my staff person did, and we looked at her reports last night, and the amount of information that’s collected is way beyond what you need to determine if she (audio glitch) for a consumer loan. Basically, her entire adult history, going back 10 years, everywhere she’s lived, her name, her date of birth, her social security number, her phone numbers, her addresses, her credit card, student loans, security-clearance applications for federal employment, car insurance, even employment history of jobs that she worked when she was in high school. That’s not needed to determine whether she’s worthy of getting a five-thousand-dollar credit card loan or something. And now it’s all out in the netherworld of whoever hacked it. I can’t speak for anybody but myself, but I think it’s time at the federal level to put some teeth into this and some sort of a per-account payment—and, again, I don’t want to drive credit bureaus out of business and all of that, but we could have this hearing every year from now on if we don’t do something to change the current system. 58:42 Rep. Ben Lujan (NM): Will Equifax be willing to pay for this freeze at Experian and TransUnion for consumers whose information was stolen? Richard Smith: You’re referring to the freeze or the lock? Lujan: You said they’re the same, so… Smith: Yeah, right now we offer a free lock product, as you know, for one year, and then a free lifetime lock product for life, starting January 31, 2018. Smith: And that also extends to Experian and TransUnion? Smith: No, sir, it does not. Lujan: Would Equif—let me repeat the question. Will Equifax be willing to pay for that freeze, for that lock, at Experian and TransUnion for consumers whose information was stolen by it—through Equifax? Smith: Congressman, the company’s come out with what they feel is a comprehensive five different services today and a lifetime lock. I would encourage, to be clear, I would encourage TransUnion and Experian to do the same. It’s time we change the paradigm, give the power back to the consumer to control who accesses his or her credit data. It’s the right thing to do. Lujan: Okay, I’m down to limited time, Mr. Smith. I apologize. I’ll take that as a no that Equifax will not pay for Experian and TransUnion consumers. 1:26:09 Rep. Debbie Dingell (MI): Why do consumers have to pay you to access their credit report? Why should that data not be free? Richard Smith: Congresswoman, the consumer has the ability to access the credit report for free from each of the three credit reporting agencies once a year, and you combine that with the ability to lock your credit file for life for free. Again, it’s a step forward. 2:00:40 Rep. Larry Bucshon (IN): Is it possible people who never signed up or used Equifax directly could have been impacted by the breach? Richard Smith: Yes, Congressman. Bucshon: Okay, so how does Equifax get the information on people who’ve never directly associated with Equifax at all? I mean, I’m not familiar with that. Smith: Yeah, we get it from banks, telecommunications companies, credit card issuers, so on and so forth. Bucshon: So just like we go to apply for a loan, they send you the information, because they want to get a data—they want to get the information on my credit rating, for example. Smith Correct. As I define it, we are part of the federally regulated ecosystem— Bucshon: Yeah. Smith: —that enables banks to loan money to consumers. Bucshon: Right. So, it’s up to the banks, at that point, to notify the individual which credit agencies they’re utilizing to assess their credit risk? Or is it up to the credit agencies? Smith: Traditionally, the contributors of data—in that case, Congressman, the banks would give their data to all three. That’s the benefit of the system is you get a holistic view of an individual’s credit risk. Bucshon: Yeah. My point is, I guess, because a lot of people I talk to back in Indiana, southern Indiana, have no idea who Equifax is, right? And many of those people have applied for home loans and other things. And a matter of fact, probably at some point you have their information, but they may or may not have been notified who sent the information to them—probably the bank or other agency—and that’s something I think that is also maybe an issue, that people don’t understand or have not been told who is being used to assess their credit risk and, hence, something like this happens, they have no idea whether or not their information has been compromised. Smith: I understand your point. Bucshon: Yeah. 2:09:20 Rep. Gene Green (TX): Mr. Smith, Equifax customers or businesses who purchase data and credit reports on consumers, the American public is essentially Equifax’s product. How many times per year on average does Equifax sell access to a given individual’s credit file to a potential creditor, and how much do they make every time they sell it? Richard Smith: If I understand the question, Congressman, we take the data that is given to us by the credit ecosystem of the U.S., add analytics to it, and then when a consumer wants credit—again, through a credit card, home loan, a car—the bank then comes to us for that data and for that analytics, and we charge them for that. **Green: Okay. Well, the question was, how many times does Equifax receive payment for that individual credit file? Every time—if my local car dealer contacts Equifax, and so they pay a fee to Equifax for that information. Smith: Yes, Congressman. If you as an individual want to go to that car dealership and get a loan for a car, they come to us or to competitors, and when they take your data, access your data, we do get paid for it, correct. 2:47:40 Richard Smith: If there’s one thing I’d love to see this country think about is the concept of a social security number in this environment being private and secure, I think it’s time as a country to think beyond that. What is a better way to identify consumers in our country in a very secure way, and I think that way is something different than an SSN, a date of birth, and a name. 2:56:28 Rep. Jan Schakowsky (IL): What if I want to opt out of Equifax? I don’t want you to have my information anymore. I want to be in control of my information. I never opted in, I never said it was okay to have all my information, and now I want out. I want to lock out Equifax. Can I do that? Richard Smith: Congresswoman, that requires a much broader discussion around the rules of credit reporting agencies because that data, as you know today, doesn’t come from the consumer; it comes from the furnishers, and the furnishers provide that data to the entire industry. Schakowsky: No, I understand that. And that’s exactly where we need to go, to a much larger discussion, because most Americans really don’t know how much information, what it is that you have it, and they never said okay. Video: Circle Jerk, YouTube, December 3, 2015 Hearing: Credit Privacy Hearing; Senate Commerce, Science, and Transportation Committee; December 18, 2013 Witnesses: Tony Hadley: Senior VP of Government Affairs and Public Policy at Experian 47:13 Sen. Jay Rockefeller (retired) (WV): So, Mr. Hadley, what does your company—or why does it single out and sell lists of economically vulnerable groups like immigrants, widows, and military personnel? 48:03 Tony Hadley: Thank you, Senator. We would be very concerned if lenders were using that information for scamming purposes, too. And we have processes and procedures in place to ensure that nobody gains access to that score for that purpose. Now— Sen. Jay Rockefeller: And how does that work? Hadley: We have an onboarding system by which we take on a client that gets our information to know who they are, and we also have a mail-piece review process to know what they’re going to offer the consumer. And if it’s anything that looks discriminatory or predatory, we will not provide our list to them. Now— Rockfeller: And this is your self-regulation. Hadley: This is our self-regulation under DMA standards. So if we were to violate that, we’d be in violation of our self-regulatory standards as well as our contractual standards with our clients. Now, what’s important here is that there are somewhere between 45 and 50 million Americans who are outside the mainstream of the credit markets in the United States. These are underbanked, underserved consumers who financial institutions cannot reach through credit scoring and credit report. They don't have financial identities or a big enough or even the presence of a credit file in order to bring them into the mainstream of financial markets. But that doesn't mean that they don't need access to financial services. So banks use this data to try to reach out to consumers who they can help to empower them, not to scam them. We don't want to do business with financial institutions who are trying to scam people, only to empower them. And this is their best way to find those individuals who are outside the mainstream—immigrants; new to credit, like recent college graduates, exactly what we’re talking about here—to give them an offer, an invitation to apply, so that then they can make an eligibility determination regarding that application under the Fair Credit Reporting Act. But this is marketing literature, not eligibility determination. Rockefeller: Who— Hadley: Can I add to that for you? Rockefeller: Not entirely. Can you tell me which are the companies that buy this ChoiceScore product from you? We’ve asked you that. Hadley: Yeah. They would be banks and financial institutions and members of the financial community. Rockefeller: That’s what’s called a general answer. Hadley: Yeah. I can't tell you who our clients are. That’s a proprietary list of ours. It’s like our secret ingredient. The ones who would want that most are our competitors. And our counsel has informed me that they don't believe that our ability to give that to you can be shielded from disclosure through the rules of the Senate. If we thought they could be—for example, under a law enforcement action, where it could be shielded and protected from FOIA or other disclosures, we could do that, but not under the situation—under the rules of the Senate. And we’re very sorry about that, but we just simply can't do that. Our counsel won't let us. 1:25:49 Sen. Claire McCaskill (MO): The case, Mr. Hadley, of Experian and Superget. You purchased the company Court Ventures in 2012, in the spring of 2012. For more than a year after the time you purchased this company that had all this data, you were taking monthly wire transfers from Singapore, and your company did nothing. And as it turns out, those wire transfers were coming from a man in Vietnam who specialized in identity theft and was marketing the information that you owned to criminals to ruin people's lives. So my first question to you is, you were quoted as saying, “We would know who was buying this.” You were getting wire transfers from Singapore on a monthly basis, and no one bothered to check to see who that was? Hadley: Now, I want to be clear that this was not Experian marketing data; this was Experian authentication data. So it’s under a different company, a different use. So that’s just—I want you to know that it’s not marketing data. McCaskill: I don't understand the distinction. I think it’s a distinction— Jay Rockefeller: Nor do I. McCaskill: —without a difference. I believe it was data that you owned, Experian owned. You’d purchased this data from Court Scan, and they had, in fact— Hadley: No. Let me clarify. McCaskill: —sold it to someone else. Hadley: Yeah, let me clarify that for you, because we’ve provided a full response to that question to the Committee, and it’s part of the eight submissions that we’ve given. And I do have to say that it’s an unfortunate situation, and the incident is still under investigation by law enforcement agencies. So I’m really extremely limited in what I can say publicly about it, but I do want to say this. The suspect in the case obtained data controlled by a third party—that was U.S. Info Search. That was not an Experian company—through a company we bought, Court Ventures— McCaskill: Okay. Let— Hadley: —prior to the time that we acquired that company. And to be clear, no Experian data was ever accessed in that deal. McCaskill: Well, I understand what you’re saying. Here’s what happened: You had U.S. Info Search— Hadley: No, we did not own— McCaskill: No, no; I’m— U.S. Info Search existed, and Court Ventures existed. Hadley: And they had a partnership. McCaskill: —they decided, for commercial reasons, to make more money, to combine their information. Hadley: To resell their information. McCaskill: And so they had a sharing agreement, those two companies, correct? Hadley: Right, right. McCaskill: Okay. So these two companies had a sharing agreement. Then you bought one of those companies. Hadley: Court Ventures. McCaskill: Correct. So now you owned it. Now you stood in their place. Are you a lawyer? Hadley: I’m not a lawyer, but I understand we stood in their place, right. McCaskill: Are there any lawyers on the panel? Okay; she’ll back me up. You stand in their place when you buy this. So now you’re there. Now, you said in your earlier testimony, we would know who was buying this. So you now are part of their transactions. Hadley: During— McCaskill: And you were receiving the benefit of these monthly wire. Hadley: So, during the due-diligence process, we didn't have total access to all the information we needed in order to completely vet that. And by the time we learned about the malfeasance, I think nine months had expired. The Secret Service came to us, told us of the incident, and we immediately began cooperating with the Secret Service to bring this person to justice. McCaskill: Okay. Hadley: And we’re continuing to cooperate with law enforcement in that realm. This was—we were a victim and scammed by this person. McCaskill: Well, I would say the people who had all their identity stolen were the victims. Hadley: And we know who they are, and we’re going to make sure that they’re protected. There’s been no allegation that any harm has come, thankfully, in this scam. McCaskill: Okay. Hadley: And we’ve closed that down, and— Rockefeller: Let Senator McCaskill continue. Hadley: —and we’ve modified our processes to ensure that [unclear]— Rockefeller: Let Senator McCaskill continue. McCaskill: Okay. So let's talk about that process. This person got—this man who they lured to Guam to arrest and who is now facing criminal charges in New Hampshire, they posed as an American-based private investigator. What is your vetting process when people want to buy your stuff? Hadley: That would’ve been Court Ventures who would have vetted that prior to our acquisition. McCaskill: Okay, but I’m talking about now, you. What is your vetting process? Hadley: Right now, before we would allow acc—first, let me say that that person would have not gained access to Experian or this data if they had gone through our vetting processes prior to the acquisition. McCaskill: And what would’ve stopped him? Hadley: We would’ve known who that company is. We would’ve had a physical onsite inspection of that company. We would’ve known who that business is and what that business's record is. We would’ve known exactly why they wanted that data and for what purposes. And that would have been enshrined in our contract. And we would’ve known the kinds of systems they have in place to protect the data that they gained. Those are all incumbent upon us under the Gramm-Leach- Bliley Act and the FCRA. McCaskill: Well, listen, I understand that this was not a crime that began under your watch. Hadley: Thank you. McCaskill: But you did buy the company, and you did keep getting the wire transfers from Singapore, and the only reason you ever questioned them is because the Secret Service knocked on your door. I don't know how long those wire transfers from Singapore would’ve gone on until you caught them. I don't have confidence that it would’ve stopped at all. So I guess what my point is here, I maybe do not feel as strongly as others on this panel that behavioral marketing is evil. I believe behavioral marketing is a reality, and, frankly, the only reason we have everything we have on the Internet for free is because of behavioral marketing. So I don't see behavioral marketing as an evil into itself. What I do see is some desperate need for Congress to look at how consumers can get this information, what kind of transparency is there, and whether or not companies that allow monthly wire transfers into their coffers from Singapore from a criminal who is trying to rip off identity theft, whether or not they should be held liable for no due diligence on checking those wire transfers from Singapore until the Secret Service knocked on their door. And that’s what I think we need to be looking at. And I don't think there’s enough—I mean, I know that some of my friends on the other side of the aisle, you say trial lawyers, and they break out in a sweat. But the truth is that if there was some liability in this area, it would be amazing how fast people could clean up their act. And, unfortunately, in too many instances there’s not clear liability because we haven't set the rules of the road. Video: FreeCreditReport.com all 9 commercials, YouTube, October 3, 2009. Hearing: Credit Scoring System; House Financial Services Subcommittee on Oversight and Investigations; July 30, 2008. Witnesses: Thomas Quinn: Vice President of Global Scoring at Fair Isaac Business Consulting Stan Oliai: Experian Decision Analytics Consulting Senior Vice President Chet Wiermanski: Transunion Credit Services Analytical Systems Vice President Richard Goerss: Equifax Credit Services Chief Privacy Officer Evan Hendricks: Privacy Times Publisher and Editor 26:42 Thomas Quinn: A FICO score is a three-digit number ranging from 300 to 850, where the higher the score, the lower the risk. Lenders use the score, along with other information, to decision the request for credit, set the credit line and pricing terms. Creating the FICO score model requires two samples of credit reports, two years apart, for the same randomly selected depersonalized set of consumers provided by one of the national credit reporting agencies. Those credit factors found to be most powerful and consistent in predicting credit performance, individually and in combination, form the basis for the complex mathematical algorithm which becomes the score. The traditional FICO score model evaluates five broad types of data elements from the consumer credit report. These include, and listed in order of importance, previous credit payment history, about 35 percent contribution; level of outstanding debts, about 30 percent contribution; length of credit history, 15 percent contribution; pursuit of new credit, 10 percent contribution; and mix of type of credit, about 10 percent contribution. FICO scores were first introduced to the marketplace in 1989 and have been consistently redeveloped and updated throughout the years to ensure their predictive strength. 34:00 Stan Oliai: A credit score is a numerical expression of risk of default, based on a credit report. The score is produced by a mathematical formula created from a statistical analysis of a large representative sample of credit reports. The formula is typically called a “model.” The credit score is calculated by the model, using only information in the credit report. These reports include the following types of information: The credit account history—such as was the account paid, was it paid on time, how long has the account been open, and what’s the outstanding balance; the type of account—is it a mortgage, is it an installment, is it revolving; the public record information—liens, judgments, bankruptcies, for example; inquiries in the credit file that represent applications for new credit and other consumer-initiated transactions. A credit report does not include information such as income or assets. It also does not include demographic information such as race or ethnicity. Demographic factors are not used in the calculation of a credit score. 35:05 Stan Oliai: Regulatory oversight of credit scores is accomplished through routine bank examinations for compliance, with a number of laws that govern fair lending, such as the Equal Credit Opportunity Act. This makes sense because the lender chooses the scoring model to assist in this proprietary underwriting process. The lender is ultimately responsible for demonstrating to regulators that the scoring model it has chosen complies with the lending laws. 46:20 Chet Wiermanski: There is strong evidence to suggest that consumers would benefit from the increased reporting of nontraditional credit information. For example, consumers with thin credit files and, in particular, minorities, immigrants, young and old, all experience a net benefit from full-file reporting by energy companies and telecommunication providers. Consumers with impaired credit histories also obtain a net benefit from full-file reporting by these companies. We are presently engaged in a follow-up study to learn more about the impediments to full-file reporting faced by the utilities and telecommunication industry. It may be very well that Congress may have a role to play in removing roadblocks to encourage voluntary full-file reporting. 2:01:30 Richard Goerss: There are a lot of thing—different activities—that a consumer can do to protect themselves if they feel they are victims or might be victims of identity theft. Certainly, one of the things that they can do is to place a fraud alert on their credit file. They can receive a free disclosure of their credit file to see if there has been any inappropriate activity or inquiry to their credit file. They can provide an identity-theft report and identify the account information that they feel, or that they say, was opened fraudulently. And under the requirements of the FACT Act, the consumer reporting agencies are going to delete that information, and the consumer reporting agency that receives that identity theft with the information-removal request is going to refer it to the other two consumer reporting agencies, who are also going to remove that information. 2:24:30 Evan Hendricks: Right now, you take it for granted that we know about credit scores, but you have to remember it was, like, 12 years ago, in the mid-1990's, when credit scores started being widely used. They were a complete secret; the industry did not even acknowledge their existence. Then, when they found out about it and reporters like Michelle Singletary of the Washington Post started reporting on it, then they would not disclose the score to you. So, California led the way with a state law, and now we have the FACT Act, which means that you can get one—you can buy a credit score for a fair and reasonable price. 2:54:55 Rep. Jackie Speier (CA): We call these credit reporting agencies or credit bureaus, which gives the average consumer the impression that they are dealing with some federal entity, when in fact they are not—we heard this afternoon they’re private or publicly traded companies—and yet this information is so critical, and to Mr. Barrett's comments, who suggested that the consumer needs to be educated, needs to know what goes into their FICO score and what they can do to improve their FICO score, we can't give those kinds of answers, because, for all intents and purposes, it is a proprietary formula. It’s sort of like secret sauce; we don't know what it is. Now, there’s something wrong when the government can't articulate what should be considered in a FICO score. Cover Art Design by Only Child Imaginations Music Presented in this Episode Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)

WASHINGTON, DC – The Ripon Society held a breakfast discussion focusing on the mental health care crisis in the United States and the effort gaining momentum on Capitol Hill to reform the way people are treated and cared for in this country. The effort is being led by Congressman Tim Murphy (PA-18), who led the discussion and was joined by two other key voices in the debate – Congresswoman Susan Brooks (IN-5) and Congressman Larry Bucshon (IN-8). Murphy opened the discussion by talking about the scope of the problem, and the investigation he is leading as Chairman of the Energy & Commerce Subcommittee on Oversight and Investigations to come up with a solution and restore some common sense – and compassion – to the law.

WASHINGTON, DC – In a speech at a Ripon Society energy forum, Congressman Ed Whitfield (KY-1) discussed his agenda as Chairman of the Energy and Commerce Subcommittee on Energy & Power, expressing his support for an “all of the above” energy policy and opposition to a federal clean energy standard.

WASHINGTON, D.C. – Congressman Greg Walden appeared before a breakfast meeting of The Ripon Society, delivering a speech in which he laid out his agenda as Chairman of the Energy and Commerce Subcommittee on Communications and Technology and expressed concern that the Federal Communications Commission, in issuing its recent ruling on network neutrality, had overstepped its jurisdictional bounds

Cara Santa Maria joins Jen to discuss a House of Representatives passed bill which creates a national system for labeling genetically modified organisms (GMOs) and prohibits states from enacting their own GMO labeling laws.   Follow Cara on Twitter: @CaraSantaMaria Like Cara on Facebook: ScienceCara Please support Congressional Dish: Click here to contribute with PayPal or Bitcoin; click the PayPal "Make it Monthly" checkbox to create a monthly subscription Click here to support Congressional Dish for each episode via Patreon Mail Contributions to: 5753 Hwy 85 North #4576 Crestview, FL 32536 Thank you for supporting truly independent media! The Bill H.R. 1599: Safe and Accurate Food Labeling Act of 2015 Allows the Federal government to require labels for genetically modified plants if the government determines there is a difference in nutrition, allergic reactions, or to protect public health. Prohibits the sale of non-regulated genetically modified plants unless the Secretary of Heath and Human Services certifies that the food is safe for humans and animals. Requires the Secretary of Agriculture to publish a list of and information discovered about each non-regulated genetically modified plant that has been approved for sale on a public website. Applies to imported food Defines "non-regulated genetically engineered plant" as one contains genetic material from a different species or has been modified through DNA altering techniques. Prohibits States from creating or continuing "any requirement" that is different from the regulations created by this bill. Allows private companies to certify whether genetically modified plants are present in food products. Creates a voluntary program for labeling genetically modified foods. To qualify as Non-GMO, the seed must not be genetically modified and the crop must be separated during growth, harvesting, storage, and transportation. For livestock, the food fed to the livestock must not have contained any genetically modified products. The labels cannot imply that Non-GMO foods are safer or better than GMO foods. Anyone who uses the Non-GMO label on GMO foods will be fined $10,000 or less. Each day the violation occurs will be considered a separate violation. Passed the House of Representatives 275-150 Sponsored by Rep. Mike Pompeo of Kansas 37 Pages House Rules Committee hearing on HR 1599 Sound Clip Sources Hearing: Labeling Genetically Modified Foods, House Energy and Commerce Subcommittee on Health, June 18, 2015. Witnesses: Rick Blasgen: President and CEO Council of Supply Chain Management Professionals Gregory Jaffe: Director at the Center for Science in the Public Interest, Biotechnology Project YouTube: What's a GMO? from Jimmy Kimmel Live, October 9, 2014. Additional Information Joe Rogan Experience #655 with GMO scientist Kevin Folta Download the episode on iTunes Upcoming Meet-Up Hang out with Jen at the Purple Onion at Kells on December 3rd Music Presented in This Episode Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio) Cover Art Design by Only Child Imaginations

On April 14, 1994, the top executives of America’s seven largest tobacco companies filed into the hearing room before the House Energy and Commerce Subcommittee on Health and the Environment. Before speaking, the CEOs took an oath to tell the truth, the whole truth, and nothing but the truth – as most witnesses before Congress do. Each man then proceeded to testify that cigarettes and nicotine are not addictive. It was a moment that would change America’s relationship with tobacco. On March 17, 2005, six of the most important Major League Baseball players at the time sat side-by-side before the House Government Reform Committee: Alex Rodriguez, Jose Canseco, Curt Schilling, Rafael Palmeiro, Mark McGwire and Sammy Sosa. With fans, kids, and reporters watching, most of the players refused to admit they were aware of the illegal use of steroids in baseball, or downplayed the breadth of the problem, until the question was posed to Jose Canseco. He told the assembled congressmen that a “large number of players” were using drugs, and that the trainers, managers and even team owners knew about it. It was a moment that would turn around Major League Baseball’s response to rampant drug use. The work of one individual congressman was critical to both of these historic hearings: Rep. Henry Waxman, D-Calif. In both cases it was Waxman’s vision of bringing together the most important people at a sweet-spot in history that led to major changes in American culture. After a four-decade career in Congress, Waxman announced this year that this term would be his last. As part of DecodeDC’s “Exit Interviews” series, podcast host Andrea Seabrook talks to Waxman about his career – and about mastering the art of the congressional hearing.​