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Mike DiCioccio is the Founder of "Social Chameleon" - a Podcast Agency that offers Done For You services such as Audio & Video Edits, Blog style Show Notes, Cover Art Design, Social Media Content, plus Distribution, Management, Guest Sourcing and Scheduling.Here's where to find more:IG: https://www.instagram.com/mikedicioccioLI: https://www.linkedin.com/in/mikedicioccioFB: https://www.facebook.com/mikeduppodcastTwitter: https://twitter.com/mikedicioccioPodcast: https://linktr.ee/mikedicioccio___________________________________________________________Welcome to The Unforget Yourself Show where we use the power of woo and the proof of science to help you identify your blind spots, and get over your own bullshit so that you can do the fucking thing you ACTUALLY want to do!We're Mark and Katie, the founders of Unforget Yourself and the creators of the Unforget Yourself System and on this podcast, we're here to share REAL conversations about what goes on inside the heart and minds of those brave and crazy enough to start their own business. From the accidental entrepreneur to the laser-focused CEO, we find out how they got to where they are today, not by hearing the go-to story of their success, but talking about how we all have our own BS to deal with and it's through facing ourselves that we find a way to do the fucking thing.Along the way, we hope to show you that YOU are the most important asset in your business (and your life - duh!). Being a business owner is tough! With vulnerability and humor, we get to the real story behind their success and show you that you're not alone._____________________Find all our links to all the things like the socials, how to work with us and how to apply to be on the podcast here: https://linktr.ee/unforgetyourself

The First Amendment prohibits the U.S. government from censoring speech. In this episode, drawing from internal Twitter documents known as “the Twitter files” and Congressional testimony from tech executives, former Twitter employees, and journalists, we examine the shocking formal system of censorship in which government employees are using their influence over private companies to indirectly censor speech in a way that they are clearly prohibited from doing directly. 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/cd270-the-twitter-files Background Sources Recommended Congressional Dish Episodes CD224: Social Media Censorship CD141: Terrorist Gifts & The Ministry of Propaganda (2017 NDAA) CD113: CISA is Law The Twitter Files "Capsule Summaries of all Twitter Files Threads to Date, With Links and a Glossary.” Matt Taibbi. Jan 4, 2023. Racket News. Matt Taibbi “The Democrats' Disastrous Miscalculation on Civil Liberties.” Matt Taibbi. Mar 12, 2023. Racket News. “#1940 - Matt Taibbi.” Feb 13, 2023. The Joe Rogan Experience. Hunter Biden Laptop Story “Smoking-gun email reveals how Hunter Biden introduced Ukrainian businessman to VP dad.” “13. They did the same to Facebook, according to CEO Mark Zuckerberg. ‘The FBI basically came to us [and] was like, “Hey... you should be on high alert. We thought that there was a lot of Russian propaganda in 2016 election. There's about to be some kind of dump similar to that”'” [tweet]. Michael Shellenberger [@ShellenbergerMD]. Dec 19, 2022. Twitter. Influence, Propaganda, and Censorship “From the Twitter Files: Pfizer board member Scott Gottlieb secretly pressed Twitter to hide posts challenging his company's massively profitable Covid jabs.” Alex Berenson. Jan 9, 2023. Unreported Truths. “Twitter Aided the Pentagon in Its Covert Online Propaganda Campaign.” Lee Fang. December 20, 2022. The Intercept. “Facebook, Twitter dismantle a U.S. influence campaign about Ukraine.” Aug 24, 2022. The Washington Post. Angus King Takedown Request Spreadsheet Audio Sources Hearing on the Weaponization of the Federal Government, the Twitter Files March 9, 2023 House Judiciary Committee, Subcommittee on the Weaponization of the Federal Government Witnesses: Matt Taibbi, Journalist Michael Shellenberger, Author, Co-founder of the Breakthrough Institute and the California Peace Coalition Clips 17:20 Rep. Jim Jordan (R-OH): In the run up to the 2020 Presidential election, FBI Special Agent Elvis Chan, in his deposition in Missouri versus Biden, said that he repeatedly, repeatedly, informed Twitter and other social media platforms of the likelihood of a hack and leak operation in the run up to that Presidential election. He did it even though there was no evidence. In fact, he said in his deposition that we hadn't seen anything, no intrusions, no hack, yet he repeatedly told them something was common. Yoel Ross, Head of Trust and Safety at Twitter, testified that he had had regular meetings with the Office of the Director of National Intelligence, the Department of Homeland Security, the FBI, and other folks regarding election security. During these weekly meetings, federal law enforcement agencies communicated that they expected a hack and leak operation. The expectations of a hack and leak operation were discussed throughout 2020. And he was told they would occur in a period shortly before the 2020 Presidential election, likely in October. And finally, he said "I also learned in these meetings, that there were rumors that a hack and leak operation would involve Hunter Biden." So what did the government tell him? A hack and leak operation was coming. How often did the government tell him this? Repeatedly for a year. When did the government say it was going to happen? October of 2020. And who did the government say it would involve? Hunter Biden. 19:35 Rep. Jim Jordan (R-OH): How did they know? Maybe it's because they had the laptop and they had had it for a year. 21:50 Rep. Jim Jordan (R-OH): Finally, as if on cue, five days later on October 19, 51 former intel[ligence] officials signed a letter with a now famous sentence "the Biden laptop story has all the classic earmarks of a Russian information operation." Something that was absolutely false. 25:25 Rep. Stacey Plaskett (D-VI): And the Republicans have brought in two of Elon Musk's public scribes to release cherry-picked, out-of-context emails and screenshots designed to promote his chosen narrative, Elon Musk's chosen narrative, that is now being paroted by the Republicans, because the Republicans think that these witnesses will tell a story that's going to help them out politically. 25:50 Rep. Stacey Plaskett (D-VI): On Tuesday, the majority released an 18 page report claiming to show that the FTC is quote, "harassing" Twitter -- oh my poor Twitter -- including by seeking information about its interactions with individuals before us today. How did the report reach this conclusion? By showing two single paragraphs from a single demand letter, even though the report itself makes clear that there were numerous demand letters with numerous requests, none of which we've been able to see, that are more demand letters and more requests of Twitter. 28:05 Rep. Stacey Plaskett (D-VI): Mr. Chairman, Americans can see through this. Musk is helping you out politically and you're going out of your way to promote and protect him and to praise him for his work. 28:15 Rep. Stacey Plaskett (D-VI): This isn't just a matter of what data was given to these so-called journalists before us now. 31:35 Rep. Stacey Plaskett (D-VI): Mr. Chairman, I'm not exaggerating when I say that you have called before you two witnesses who pose a direct threat to people who oppose them. 32:30 Rep. Stacey Plaskett (D-VI): We know this is because at the first hearing, the Chairman claimed that big government and big tech colluded to shape and mold the narrative and suppress information and censor Americans. This is a false narrative. We're engaging in false narratives here and we are going to tell the truth. 37:35 Michael Shellenberger: I recognize that the law allows Facebook, Twitter, and other private companies to moderate content on their platforms and I support the right of governments to communicate with the public, including to dispute inaccurate information, but government officials have been caught repeatedly pushing social media platforms to censor disfavored users and content. Often these acts of censorship threaten the legal protection social media companies need to exist, Section 230. If government officials are directing or facilitating such censorship, and as one law professor, it raises serious First Amendment questions. It is axiomatic that the government cannot do indirectly what it is prohibited from doing directly. 41:50 Matt Taibbi: My name is Matt Taibbi, I've been a reporter for 30 years and a staunch advocate of the First Amendment. Much of that time was spent at Rolling Stone magazine. Ranking Member Plaskett, I'm not a "so-called" journalist. I've won the National Magazine Award, the I.F Stone Award for Independent Journalism, and I've written 10 books, including four New York Times bestsellers. 45:35 Matt Taibbi: Ordinary Americans are not just being reported to Twitter for deamplification or deplatforming, but to firm's like Pay Pal, digital advertisers like Xandr, and crowdfunding sites like GoFundMe. These companies can and do refuse service to law abiding people and businesses whose only crime is falling afoul of a distant, faceless, unaccountable, algorithmic judge. 44:00 Matt Taibbi: Again, Ranking Member Plaskett, I would note that the evidence of Twitter-government relationship includes lists of tens of thousands of names on both the left and right. The people affected include Trump supporters, but also left leaning sites like Consortium and Truthout, the leftist South American channel TeleSUR, the Yellow Vest movement. That, in fact, is a key point of the Twitter files, that it's neither a left nor right issue. 44:40 Matt Taibbi: We learned Twitter, Facebook, Google and other companies developed a formal system for taking in moderation requests from every corner of government from the FBI, the DHS, the HHS, DOD, the Global Engagement Center at [the Department of] State, even the CIA. For every government agency scanning Twitter, there were perhaps 20 quasi private entities doing the same thing, including Stanford's Election Integrity Partnership, Newsguard, the Global Disinformation Index, and many others, many taxpayer funded. A focus of this fast growing network, as Mike noted, is making lists of people whose opinions beliefs, associations, or sympathies are deemed misinformation, disinformation or malinformation. That last term is just a euphemism for true but inconvenient. Undeniably, the making of such lists is a form of digital McCarthyism. 1:01:00 Matt Taibbi: So, a great example of this is a report that the Global Engagement Center sent to Twitter and to members of the media and other platforms about what they called "the Pillars of Russian Disinformation." Now, part of this report is what you would call, I think you would call, traditional hardcore intelligence gathering where they made a reasoned, evidence baseed case that certain sites were linked to Russian influence or linked to the Russian government. In addition to that, however, they also said that sites that quote, "generate their own momentum," and have opinions that are in line with those accounts are part of a propaganda ecosystem. Now, this is just another word for guilt by association. And this is the problem with the whole idea of trying to identify which accounts are actually the Internet Research Agency and which ones are just people who follow those accounts or retweeted them. Twitter initially did not find more than a handful of IRA accounts. It wasn't until they got into an argument with the Senate Select Intelligence Committee that they came back with a different answer. 1:06:00 Rep. Debbie Wasserman-Schultz (D-FL): Before you became Elon Musk's handpicked journalists, and pardon the oxymoron, you stated this on Joe Rogan's podcast about being spoon fed information. And I quote, "I think that's true of any kind of journalism," and you'll see it behind me here. "I think that's true of any kind of journalism. Once you start getting handed things, then you've lost. They have you at that point and you got to get out of that habit. You just can't cross that line." Do you still believe what you told Mr. Rogan? Yes or no? Yes or no? Matt Taibbi: Yes. Rep. Debbie Wasserman-Schultz (D-FL): Good. Now, you crossed that line with the Twitter files. Matt Taibbi: No. Rep. Debbie Wasserman-Schultz (D-FL): Elon Musk -- It's my time, please do not interrupt me. Crowd: [laughter] Rep. Debbie Wasserman-Schultz (D-FL): Elon Musk spoon fed you his cherry-picked information, which you must have suspected promotes a slanted viewpoint, or at the very least generates another right wing conspiracy theory. 1:11:20 Matt Taibbi: That moment on the Joe Rogan show, I was actually recounting a section from Seymour Hersh's book, Reporter, where he described a scene where the CIA gave him a story and he was very uncomfortable. He said that "I, who had always gotten the secrets, was being handed the secrets." Again, I've done lots of whistleblower stories. There's always a balancing test that you make when you're given material, and you're always balancing newsworthiness versus the motives of your sources. In this case, the newsworthiness clearly outweighed any other considerations. I think everybody else who worked on the project agrees. 1:14:45 Rep. Dan Bishop (R-NC): Richard Stengel, you know who that is? Matt Taibbi: Yes, he's the former, the first head of the Global Engagement Center. Rep. Dan Bishop (R-NC): I want the American people to hear from him for 30 seconds. Richard Stengel: Basically, every country creates their own narrative story. And, you know, my old job at the State Department was what people used to joke as the "chief propagandist" job. We haven't talked about propaganda. Propaganda. I'm not against propaganda. Every country does it, and they have to do it to their own population. 1:24:20 Rep. Jim Jordan (R-OH): December 13, the very first letter that the FTC sends to Twitter after the Twitter files, 11 days after the first Twitter file, there have been five of them come out, the FTC's first demand in that first letter after the Twitter files come out is identify all journalists. I'm quoting "identify all journalists and other members of the media" to whom Twitter worked with. You find that scary, Mr. Taibbi, that you got a federal government agency asking a private company who in the press are you talking with? Matt Taibbi: I do find it scary. I think it's none of the government's business which journalists a private company talks to and why. I think every journalist should be concerned about that. And the absence of interest in that issue by my fellow colleagues in the mainstream media is an indication of how low the business has sunk. There was once a real esprit de corps and camaraderie within Media. Whenever one of us was gone after, we all kind of rose to the challenge and supported -- Rep. Jim Jordan (R-OH): It used to be, used to be the case. Matt Taibbi: Yeah, that is gone now. 1:28:50 Rep. Stacey Plaskett (D-VI): How many emails did Mr. Musk give you access to? Michael Shellenberger: I mean, we went through thousands of emails. Rep. Stacey Plaskett (D-VI): Did he give you access to all of the emails for the time period in which? Michael Shellenberger: We never had a single, I never had a single request denied. And not only that, but the amount of files that we were given were so voluminous that there was no way that anybody could have gone through them beforehand. And we never found an instance where there was any evidence that anything had been taken out. Rep. Stacey Plaskett (D-VI): Okay. So you would believe that you have probably millions of emails and documents, right? That's correct, would you say? Michael Shellenberger: I don't know if -- I think the number is less than that. Matt Taibbi: Millions sounds too high. Rep. Stacey Plaskett (D-VI): Okay. 100,000? Matt Taibbi: That's probably closer. Michael Shellenberger: Probably, yeah. Rep. Stacey Plaskett (D-VI): So 100,000 that both of you were seeing. 1:37:10 Matt Taibbi: There were a couple of very telling emails that wepublished. One was by a lawyer named [Sasha Cardiel???], where the company was being so overwhelmed by requests from the FBI and in fact they, they gave each other a sort of digital High Five after one batch, saying "that was a monumental undertaking to clear all of these," but she noted that she believed that the FBI was essentially doing word searches keyed to Twitter's Terms of Service, looking for violations of the Terms of Service, specifically so that they could make recommendations along those lines, which we found interesting. 1:48:15 Michael Shellenberger: And we haven't talked about Facebook, but we now know that we have the White House demanding that Facebook take down factual information and Facebook doing that. 1:48:25 Michael Shellenberger: And with Matt [Taibbi]'s thread this morning we saw the government contractors demanding the same thing of Twitter: accurate information, they said, that needed to be taken down in order to advance a narrative. 1:49:55 Matt Taibbi: You know, in conjunction with our own research, there's a foundation, the Foundation for Freedom Online, which, you know, there's a very telling video that they uncovered where the Director of Stanford's Election Integrity Partnership (EIP) talks about how CISA, the DHS agency, didn't have the capability to do election monitoring, and so that they kind of stepped in to "fill the gaps" legally before that capability could be amped up. And what we see in the Twitter files is that Twitter executives did not distinguish between DHS or CISA and this group EIP, for instance, we would see a communication that said, from CISA, escalated by EIP. So they were essentially identical in the eyes of the company. EIP is, by its own data, and this is in reference to what you brought up, Mr. Congressman, according to their own data, they significantly targeted more what they call disinformation on the right than on the left, by a factor I think of about ten to one. And I say that as not a Republican at all, it's just the fact of what we're looking at. So yes, we have come to the realization that this bright line that we imagine that exists between, say the FBI or the DHS, or the GEC and these private companies is illusory and that what's more important is this constellation of kind of quasi private organizations that do this work. 1:52:10 Rep. Sylvia Garcia (D-TX): What was the first time that Mr. Musk approached you about writing the Twitter files? Matt Taibbi: Again, Congresswoman that would — Rep. Sylvia Garcia (D-TX): I just need a date, sir. Matt Taibbi: But I can't give it to you, unfortunately, because this this is a question of sourcing, and I don't give up... I'm a journalist, I don't reveal my sources. Rep. Sylvia Garcia (D-TX): It's a question of chronology. Matt Taibbi: No, that's a question of sourcing — Rep. Sylvia Garcia (D-TX): Earlier you said that someone had sent you, through the internet, some message about whether or not you would be interested in some information. Matt Taibbi: Yes. And I refer to that person as a source. Rep. Sylvia Garcia (D-TX): So you're not going to tell us when Musk first approached you? Matt Taibbi: Again, Congresswoman, you're asking me, you're asking a journalist to reveal a source. Rep. Sylvia Garcia (D-TX): You consider Mr. Musk to be the direct source of all this? Matt Taibbi: No, now you're trying to get me to say that he is the source. I just can't answer — Rep. Sylvia Garcia (D-TX): Either he is or he isn't. If you're telling me you can't answer because it's your source, well, then the only logical conclusion is that he is in fact, your source. Matt Taibbi: Well, you're free to conclude that. Rep. Sylvia Garcia (D-TX): Well, sir, I just don't understand. You can't have it both ways. But let's move on because -- Unknown Representative 1: No, he can. He's a journalist. Unknown Representative 2: He can't, because either Musk is the source and he can't talk about it, or Musk is not the source. And if Musk is not the source, then he can discuss [unintelligible] Rep. Jim Jordan (R-OH): No one has yielded, the gentlelady is out of order, you don't get to speak — Multiple speakers: [Crosstalk] Rep. Jim Jordan (R-OH): The gentlelady is not recognized...[crosstalk]...he has not said that, what he has said is he's not going to reveal his source. And the fact that Democrats are pressuring him to do so is such a violation of the First Amendment. Multiple speakers: [Crosstalk] Rep. Sylvia Garcia (D-TX): I have not yielded time to anybody. I want to reclaim my time. And I would ask the chairman to give me back some of the time because of the interruption. Mr. Chairman, I am asking you, if you will give me the seconds that I lost. Rep. Jim Jordan (R-OH): We will give you that 10 seconds. Rep. Sylvia Garcia (D-TX): Thank you. Now let's talk about another item. When you responded to the ranking member, you said that you had free license to look at everything but yet you yourself posted on your...I guess it's kind of like a web page...I don't quite understand what Substack is, but what I can say is that "in exchange for the opportunity to cover a unique and explosive story, I had to agree to certain conditions." What were those conditions? She asked you that question and you said you had none. But you yourself posted that you had conditions? Matt Taibbi: The conditions, as I've explained multiple times -- Rep. Sylvia Garcia (D-TX): No sir, you have not explained, you told her in response to her question that you had no conditions. In fact, you used the word licensed, that you were free to look at all of them. All 100,000 emails. Matt Taibbi: The question was posed, was I free to to write about — Rep. Sylvia Garcia (D-TX): Sir, did you have any conditions? Matt Taibbi: The condition was that we publish — Rep. Sylvia Garcia (D-TX): Sir, did you have any conditions? Yes or no? A simple question. Matt Taibbi: Yes. Rep. Sylvia Garcia (D-TX): All right. Could you tell us what conditions those were? Matt Taibbi: The conditions were an attribution of sources at Twitter and that we break any news on Twitter. Rep. Sylvia Garcia (D-TX): But you didn't break it on Twitter. Did you send the file that you released today to Twitter first? Matt Taibbi: Did I send the...actually I did, yes. Rep. Sylvia Garcia (D-TX): Did you send it to Twitter first? Matt Taibbi: The Twitter files thread? Rep. Sylvia Garcia (D-TX): That was one of the conditions? Yes or no, sir. Matt Taibbi: The Twitter files thread actually did come out first. Rep. Sylvia Garcia (D-TX): But sir, you said earlier that you had to attribute all the sources to Twitter first. What you released today, did you send that to Twitter first? Matt Taibbi: No, no, no, I post I posted it on Twitter Rep. Sylvia Garcia (D-TX): First. First, sir, or did you give it to the Chairman of the Committee or the staff of the Committee first? Matt Taibbi: Well, that's not breaking the story, that's giving...I did give — Rep. Sylvia Garcia (D-TX): So you gave all the information that you did not give to the Democrats, you gave it to the Republicans first, then you put it on Twitter? Matt Taibbi: Actually, no, the chronology is a little bit confused. Rep. Sylvia Garcia (D-TX): Well then tell us what the chronology was. Matt Taibbi: I believe the thread came out first. Rep. Sylvia Garcia (D-TX): Where? Matt Taibbi: On Twitter Rep. Sylvia Garcia (D-TX): On Twitter. So then you afterwards gave it to the Republicans, and not the Democrats? Matt Taibbi: Yes, because I'm submitting it for the record as my statement. Rep. Sylvia Garcia (D-TX): Did you give it to him in advance? Matt Taibbi: I gave it to them today. Rep. Sylvia Garcia (D-TX): You gave it to them today, but you still have not given anything to the Democrats. Well, I'll move on. 1:57:20 Rep. Sylvia Garcia (D-TX): Now in your discussion, in your answer, you also said that you were invited by a friend, Bari Weiss? Michael Shellenberger: My friend, Bari Weiss. Rep. Sylvia Garcia (D-TX): So this friend works for Twitter, or what is her....? Matt Taibbi: She's a journalist. Rep. Sylvia Garcia (D-TX): Sir, I didn't ask you a question. I'm now asking Mr. Shellenberger a question. Michael Shellenberger: Yes, ma'am, Bari Weiss is a journalist. Rep. Sylvia Garcia (D-TX): I'm sorry, sir? Michael Shellenberger: She's a journalist. Rep. Sylvia Garcia (D-TX): She's a journalist. So you work in concert with her? Michael Shellenberger: Yeah. Rep. Sylvia Garcia (D-TX): Do you know when she first was contacted by Mr. Musk? Michael Shellenberger: I don't know. Rep. Sylvia Garcia (D-TX): You don't know. So you're in this as a threesome? 2:00:10 Michael Shellenberger: Reading through the whole sweep of events, I do not know the extent to which the influence operation aimed at "pre-bunking" the Hunter Biden laptop was coordinated. I don't know who all was involved. But what we saw was, you saw Aspen and Stanford, many months before then, saying don't cover the material in the hack and leak without emphasizing the fact that it could be disinformation. Okay, so they're priming journalists to not cover a future hack and leak in a way that journalists have long been trained to in the tradition of the Pentagon Papers, made famous by the Steven Spielberg movie. They were saying [to] cover the fact that it probably came from the Russians. Then you have the former General Counsel to the FBI, Jim Baker, and the former Deputy Chief of Staff to the FBI, both arriving at Twitter in the summer of 2020, which I find, what an interesting coincidence. Then, when the New York Post publishes its first article on October 14, it's Jim Baker who makes the most strenuous argument within Twitter, multiple emails, multiple messages saying this doesn't look real. There's people, there's intelligence experts, saying that this could be Russian disinformation. He is the most strenuous person inside Twitter arguing that it's probably Russian disinformation. The internal evaluation by Yoel Roth, who testified in front of this committee, was that it was what it looked to be, which was that it was not a result of a hack and leak operation. And why did he think that? Because the New York Post had published the FBI subpoena taking the laptop in December of 2019. And they published the agreement that the computer store owner had with Hunter Biden that gave him permission, after he abandoned the laptop, to use it however he wanted. So there really wasn't much doubt about the provenance of that laptop. But you had Jim Baker making a strenuous argument. And then, of course, you get to a few days after the October 14 release, you have the president of the United States echoing what these former intelligence community officials were saying, which is that it looked like a Russian influence operation. So they were claiming that the laptop was made public by the conspiracy theory that somehow the Russians got it. And basically, they convinced Yoel Roth of this wild hack and leak story that somehow the Russians stole it, got the information, gave us the computer, it was bizarre. So you read that chain of events, and it appears as though there is an organized influence operation to pre-bunk.... Rep. Jim Jordan (R-OH): Why do you think they could predict the time, the method, and the person? Why could the FBI predict it? Not only did they predict this, they predicted it, so did the Aspen Institute, seemed like everyone was in the know saying, here's what's gonna happen, we can read the future. Why do you think, how do you think they were able to do that? Michael Shellenberger: I think the most important fact to know is that the FBI had that laptop in December 2019. They were also spying on Rudy Giuliani when he got the laptop and when he gave it to the New York Post. Now, maybe the FBI agents who are going to Mark Zuckerberg at Facebook and Twitter executives and warning of a hack and leak, potentially involving Hunter Biden, maybe those guys didn't have anything to do with the guys that had the top. We don't know that. I have to say, as a newcomer to this, as somebody that thought it was Russian disinformation in 2020, everybody I knew thought it was Russian disinformation, I was shocked to see that series of events going on. It looks to me like a deliberate influence operation. I don't have the proof of it, but the circumstantial evidence is pretty disturbing. 2:14:30 Matt Taibbi: We found, just yesterday, a Tweet from the Virality Project at Stanford, which was partnered with a number of government agencies, and Twitter, where they talked explicitly about censoring stories of true vaccine side effects and other true stories that they felt encouraged hesitancy. Now the imp— Unknown Representative: So these were true. Matt Taibbi: Yes. So they use the word truth three times in this email, and what's notable about this is that it reflects the fundamental misunderstanding of this whole disinformation complex, anti-disinformation complex. They believe that ordinary people can't handle difficult truths. And so they think that they need minders to separate out things that are controversial or difficult for them, and that's again, that's totally contrary to what America is all about, I think. 2:17:30 Rep. Dan Goldman (D-NY): Of course we all believe in the First Amendment, but the First Amendment applies to government prohibition of speech, not to private companies. 2:33:00 Rep. Dan Goldman (D-NY): And even with, Twitter you cannot find actual evidence of any direct government censorship of any lawful speech. 2:33:20 Rep. Jim Jordan (R-OH): I'd ask unanimous consent to enter into the record the following email from Clarke Humphrey, Executive Office of the Presidency, White House Office, January 23, 2021. That's the Biden Administration. 4:39am: "Hey folks," this goes to Twitter, "Hey folks, wanted..." they used the term Mr. Goldman just used, "wanted to flag the below Tweet, and I'm wondering if we can get moving on the process for having it removed ASAP." 2:35:40 Rep. Mike Johnson (R-LA): He said the First Amendment applies to government censorship of speech and not private companies, but what we're talking about and what the Chairman just illustrated is that what we have here and what your Twitter files show is the Federal government has partnered with private companies to censor and silence the speech of American citizens. 2:29:20 Matt Taibbi: In the first Twitter files, we saw an exchange between Representative Ro Khanna and Vijaya Gadde, where he's trying to explain the basics of speech law in America and she's completely, she seems completely unaware of what, for instance, New York Times v. Sullivan is. There are other cases like Bartnicki v. Vopper, which legalized the publication of stolen material, that's very important for any journalists to know. I think most of these people are tech executives, and they don't know what the law is around speech and around reporting. And in this case, and in 2016, you are dealing with true material. There is no basis to restrict the publication of true material no matter who the sources and how you get it. And journalists have always understood that and this has never been an issue or a controversial issue until very recently. 2:44:40 Rep. Kat Cammack (R-FL): Would you agree that there was a black list created in 2021? Michael Shellenberger: Sorry, yes, Jay Bhattacharya, the Stanford Professor, who I don't think anybody considers a fringe epidemiologist, was indeed -- I'm sorry, I couldn't, I didn't piece it together -- he was indeed visibility filtered. Rep. Kat Cammack (R-FL): Correct. And so this blacklist that was created, that really was used to de-platform, reduce visibility, create lists internally, where people couldn't even see their profiles, that was used against doctors and scientists who produced information that was contrary to what the CDC was putting out, despite the fact that we now know that what they were publishing had scientific basis and in fact was valid. Michael Shellenberger: Absolutely. And not only that, but these are secret blacklists, so Professor Bhattacharya had no idea he was on it. 43:05 Matt Taibbi: The original promise of the internet was that it might democratize the exchange of information globally. A free internet would overwhelm all attempts to control information flow, its very existence a threat to anti-democratic forms of government everywhere. What we found in the Files was a sweeping effort to reverse that promise and use machine learning and other tools to turn the Internet into an instrument of censorship and social control. Unfortunately, our own government appears to be playing a lead role. We saw the first hints and communications between Twitter executives before the 2020 election, when we read things like "flagged by DHS," or "please see attached report from FBI for potential misinformation." This would be attached to an Excel spreadsheet with a long list of names, whose accounts were often suspended shortly after. #1940 - Matt Taibbi February 13, 2023 The Joe Rogan Experience Clips Matt Taibbi: So this is another topic that is fascinating because it hasn't gotten a ton of press. But if you go back all the way to the early 70s, the CIA and the FBI got in a lot of trouble for various things, the CIA for assassination schemes involving people like Castro, the FBI for, you know, COINTELPRO and other programs, domestic surveillance, and they made changes after Congressional hearings, the Church Committee, that basically said the FBI, from now on, you have to have some kind of reason to be following somebody or investigating somebody, you have to have some kind of criminal predicate and we want you mainly to be investigating cases. But after 9/11 they peeled all this back. There was a series of Attorney General memos that essentially re-fashioned what the FBI does, and now they don't have to be doing crimefighting all the time. Now they can be doing basically 100% intelligence gathering all the time. They can be infiltrating groups for no reason at all, not to build cases, but just to get information. And so that's why they're there. They're in these groups, they're posted up outside of the homes of people they find suspicious, but they're not building cases and they're not investigating crimes. It's sort of like Minority Report there, right? It's pre-crime. Matt Taibbi: We see reports in these files of government agencies sending lists of accounts that are accusing the United States of vaccine corruption. Now, what they're really talking about is pressuring foreign countries to not use generic vaccines. Right. And, you know, that's a liberal issue, that's a progressive issue. The progressives want generic vaccines to be available to poor countries, okay? But, you know, you can use this tool to eliminate speech about that if you want too, right? I think that's what they don't get is that the significance is not who [it's used against], the significance is the tool. What is it capable of doing, right? How easily is it employed, and you know, how often is it used? And they don't focus on that. Joe Rogan: Has anything been surprising to you? Matt Taibbi: A little bit. I think going into it, I thought that the relationship between the security agencies like the FBI and the DHS and companies like Twitter and Facebook, I thought it was a little bit less formal. I thought maybe they had kind of an advisory role. And what we find is that it's not that, it's very formalized. They have a really intense structure that they've worked out over a period of years where they have regular meetings. They have a system where the DHS handles censorship requests that come up from the States and the FBI handles international ones, and they all float all these companies and it's a big bureaucracy. I don't think we expected to see that. Matt Taibbi: I was especially shocked by an email from a staffer for Adam Schiff, the Congressperson, the California Congressman. And they're just outright saying we would like you to suspend the accounts of this journalist and anybody who retweets information about this Committee. You know, I mean, this is a member of Congress. Joe Rogan: Yeah. Matt Taibbi: Right? Most of these people have legal backgrounds. They've got lawyers in the office for sure. And this is the House Intelligence Committee. Protecting Speech from Government Interference and Social Media Bias, Part 1: Twitter's Role in Suppressing the Biden Laptop Story February 8, 2023 House Committee on Oversight and Accountability Witnesses: Vijaya Gadde, Former Chief Legal Officer, Twitter James Baker, Former Deputy General Counsel, Twitter Yoel Roth, Former Global Head of Trust & Safety, Twitter Annika Collier Navaroli, Former Policy Expert for Content Moderation, Twitter Clips 14:50 Rep. Jamie Raskin (D-MD): What's more, Twitter's editorial decision has been analyzed and debated ad nauseam. Some people think it was the right decision. Some people think it was the wrong decision. But the key point here is that it was Twitter's decision. Twitter is a private media company. In America, private media companies can decide what to publish or how to curate content however they want. If Twitter wants to have nothing but Tweets commenting on New York Post articles run all day, it can do that. If it makes such tweets mentioning New York Post never see the light of day they can do that too. That's what the First Amendment means. 16:05 Rep. Jamie Raskin (D-MD): Officially Twitter happens to think they got it wrong about that day or two period. In hindsight, Twitter's former CEO Jack Dorsey called it a mistake. This apology might be a statement of regret about the company being overly cautious about the risks of publishing contents and potentially hacked or stolen materials, or it may reflect craven surrender to a right wing pressure campaign. But however you interpreted the apology just makes the premise of this hearing all the more absurd. The professional conspiracy theorists who are heckling and haranguing this private company have already gotten exactly what they want: an apology. What more do they want? And why does the US Congress have to be involved in this nonsense when we have serious work to do for the American people? 26:20 James Baker: The law permits the government to have complex, multifaceted, and long term relationships with the private sector. Law enforcement agencies and companies can engage with each other regarding, for example, compulsory legal process served on companies, criminal activity that companies, the government, or the public identify, such as crimes against children, cybersecurity threats, and terrorism, and instances where companies themselves are victims of crime. When done properly, these interactions can be beneficial to both sides and in the interest of the public. As you Mr. Chairman, Mr. Jordan, and others have proposed, a potential workable way to legislate in this area may be to focus on the actions of federal government agencies and officials with respect to their engagement with the private sector. Congress may be able to limit the nature and scope of those interactions in certain ways, require enhanced transparency and reporting by the executive branch about its engagements, and require higher level approvals within the executive branch prior to such engagements on certain topics, so that you can hold Senate confirmed officials, for example, accountable for those decisions. In any event, if you want to legislate, my recommendation is to focus first on reasonable and effective limitations on government actors. Thank you, Mr. Chairman. 31:05 Vijaya Gadde: On October 14, 2020, The New York Post tweeted articles about Hunter Biden's laptop with embedded images that looked like they may have been obtained through hacking. In 2018, we had developed a policy intended to prevent Twitter from becoming a dumping ground for hacked materials. We applied this policy to the New York Post tweets and blocked links to the articles embedding those sorts of materials. At no point to Twitter otherwise prevent tweeting, reporting, discussing or describing the contents of Mr. Biden's laptop. People could and did talk about the contents of the laptop on Twitter or anywhere else, including other much larger platforms, but they were prevented from sharing the primary documents on Twitter. Still, over the course of that day, it became clear that Twitter had not fully appreciated the impact of that policy on free press and others. As Mr. Dorsey testified before Congress on multiple occasions, Twitter changed its policy within 24 hours and admitted its initial action was wrong. This policy revision immediately allowed people to tweet the original articles with the embedded source materials, relying on its long standing practice not to retroactively apply new policies. Twitter informed the New York Post that it could immediately begin tweeting when it deleted the original tweets, which would have freed them to retweet the same content again. The New York Post chose not to delete its original tweets, so Twitter made an exception after two weeks to retroactively apply the new policy to the Post's tweets. In hindsight, Twitter should have reinstated the Post account immediately. 35:35 Yoel Roth: In 2020, Twitter noticed activity related to the laptop that at first glance bore a lot of similarities to the 2016 Russian hack and leak operation targeting the DNC, and we had to decide what to do. And in that moment with limited information, Twitter made a mistake. 36:20 Yoel Roth: It isn't obvious what the right response is to a suspected, but not confirmed, cyber attack by another government on a Presidential Election. I believe Twitter erred in this case because we wanted to avoid repeating the mistakes of 2016. 38:41 Annika Collier Navaroli: I joined Twitter in 2019 and by 2020 I was the most senior expert on Twitter's U.S. Safety Policy Team. My team's mission was to protect free speech and public safety by writing and enforcing content moderation policies around the world. These policies include things like abuse, harassment, hate speech, violence and privacy. 41:20 Annika Collier Navaroli: With January 6 and many other decisions, content moderators like me did the very best that we could. But far too often there are far too few of us and we are being asked to do the impossible. For example, in January 2020 after the US assassinated an Iranian General and the US president decided to justify it on Twitter, management literally instructed me and my team to make sure that World War III did not start on the platform. 1:08:20 Rep. Nancy Mace (R-SC): Did the US government ever contact you or anyone at Twitter to censor or moderate certain Tweets, yes or no? Vijaya Gadde: We receive legal demands to remove content from the platform from the US government and governments all around the world. Those are published on a third party website. 1:12:00 Yoel Roth: The number one most influential part of the Russian active measures campaign in 2016 was the hack and leak targeting John Podesta. It would have been foolish not to consider the possibility that they would run that play again. 1:44:45 Yoel Roth: I think one of the key failures that we identified after 2016 was that there was very little information coming from the government and from intelligence services to the private sector. The private sector had the power to remove bots and to take down foreign disinformation campaigns, but we didn't always know where to look without leads supplied by the intelligence community. That was one of the failures highlighted in the Senate Intelligence Committee's report and in the Mueller investigation, and that was one of the things we set out to fix in 2017. Rep. Gerry Connolly (D-VA): On September 8 2019, at 11:11pm, Donald Trump heckled two celebrities on Twitter -- John Legend and his wife Chrissy Teigen -- and referred to them as "the musician John Legend and his filthy mouth wife." Ms. Teigen responded to that email [Tweet] at 12:17am. And according to notes from a conversation with you, Ms. Navaroli's, counsel, your counsel, the White House almost immediately thereafter contacted Twitter to demand the tweet be taken down. Is that accurate? Annika Collier Navaroli: Thank you for the question. In my role, I was not responsible for receiving any sort of request from the government. However, what I was privy to was my supervisors letting us know that we had received something along those lines or something of a request. And in that particular instance, I do remember hearing that we had received a request from the White House to make sure that we evaluated this tweet, and that they wanted it to come down because it was a derogatory statement towards the President. Rep. Gerry Connolly (D-VA): They wanted it to come down. They made that request. Annika Collier Navaroli: To my recollection, yes. Rep. Gerry Connolly (D-VA): I thought that was an inappropriate action by a government official, let alone the White House. But it wasn't Joe Biden, about his son's laptop. It was Donald Trump because he didn't like what Chrissy Teigen had to say about him, is that correct? Annika Collier Navaroli: Yes, that is correct. Rep. Gerry Connolly (D-VA): My, my, my. 1:45:15 Rep. Shontel Brown (D-OH): Mr. Roth, were those communication channels useful to Twitter as they work to combat foreign influence operations? Yoel Roth: Absolutely, I would say they were one of the most essential pieces of how Twitter prepared for future elections. 2:42:35 Rep. Becca Balint (D-VA): Ms. Gadde, did anyone from the Biden campaign or the Democratic National Committee direct Twitter to remove or take action against the New York Post story? Vijaya Gadde: No. 4:15:45 Rep. Kelly Armstrong (R-ND): And now we forward to 2020. And earlier you had testified that you were having regular interactions with National Intelligence, Homeland Security and the FBI. Yoel Roth: Yes, I did. Rep. Kelly Armstrong (R-ND): And primarily to deal with foreign interference? Yoel Roth: Primarily, but I would say -- Rep. Kelly Armstrong (R-ND): But you had said earlier your contact with Agent Chang was primarily with foreign interference? Yoel Roth: Yes, that's right. Rep. Kelly Armstrong (R-ND): And these were emails....were there meetings? Yoel Roth: Yes, Twitter met quarterly with the FBI Foreign Interference Task Force and we had those meetings running for a number of years to share information about malign foreign interference. Rep. Kelly Armstrong (R-ND): Agents from Homeland Security or Intelligence, or just primarily the FBI? Yoel Roth: Our primary contacts were with the FBI and in those quarterly meetings, they were, I believe, exclusively with FBI personnel. 4:18:05 Rep. Kelly Armstrong (R-ND): Earlier today you testified that you were following national security experts on Twitter as a reason to take down the New York Post story on Hunter Biden's laptop. Yoel Roth: Yes, sir, I did. Rep. Kelly Armstrong (R-ND): So after 2016, you set up all these teams to deal with Russian interference, foreign interference, you're having regular meetings with the FBI, you have connections with all of these different government agencies, and you didn't reach out to them once? Yoel Roth: Is that question in reference to the day of the New York Post article? Rep. Kelly Armstrong (R-ND): Yeah. Yoel Roth: That's right. We generally did not reach out to the FBI to consult on content moderation decisions, especially where they related to domestic activity. It's not that we wouldn't have liked that information, we certainly would have. It's that I don't believe it would have been appropriate for us to consult with the FBI. Rep. Kelly Armstrong (R-ND): In December of 2020, you did a declaration to the Federal Election Commission that the intelligence community expected a leak and a hack operation involving Hunter Biden. Recently, Mark Zuckerberg confirmed that the FBI warned Meta that there was a high effort of Russian propaganda including language specific enough to fit the Hunter Biden laptop security story. You're talking to these people for weeks and months, years prior to this leaking. They have specifically told you in October, that there's going to be a leak potentially involving Hunter Biden's laptop. They legitimately and literally prophesized what happened. And you didn't contact any of them? Yoel Roth: No, sir, I did not. Rep. Kelly Armstrong (R-ND): Did they reach out to you? Yoel Roth: On and around that day, to the best of my recollection, no, they did not. Rep. Kelly Armstrong (R-ND): After the story was taken down and you guys did it, and you personally disagreed with it Ms. Gadde, did you contact them and say is "Hey, is this what you were talking about?" Yoel Roth: If that question was directed to me. No, I did not. Rep. Kelly Armstrong (R-ND): Ms. Gadde, did you talk to anybody from the FBI? Vijaya Gadde: Not to the best of my recollection. Rep. Kelly Armstrong (R-ND): So I guess my question is, what is the point of this program? You have constant communication, they're set up for foreign interference. They've legitimately warned you about this very specific thing. And then all of a sudden, everybody just walks away? 5:18:55 Rep. Melanie Stansbury (D-NM): We are devoting an entire day to this conspiracy theory involving Twitter. Now, the mission of this committee is to root out waste, fraud and abuse and to conduct oversight on behalf of the American people. And if you need any evidence of waste, fraud and abuse, how about the use of this committee's precious time, space and resources to commit to this hearing? 5:58:25 Rep. Eric Burlison (R-MO): Back to Mr. Roth, is it true that Twitter whitelisted accounts for the Department of Defense to spread propaganda about its efforts in the Middle East? Did they give you a list of accounts that were fake accounts and asked you to whitelist those accounts? Yoel Roth: That request was made of Twitter. To be clear, when I found out about that activity, I was appalled by it. I undid the action and my team exposed activity originating from the Department of Defense's campaign publicly. We've shared that data with the world and research about it has been published. 6:07:20 Rep. Jim Jordan (R-OH): Mr. Roth, I want to go back to your statement in your declaration to the FEC "I learned that a hack and leak operation would involve Hunter Biden," who did you learn that from? Yoel Roth: My recollection is it was mentioned by another technology company in one of our joint meetings, but I don't recall specifically whom. Rep. Jim Jordan (R-OH): You don't know the person's name? Yoel Roth: I don't even recall what company they worked at. No, this was a long time ago. Rep. Jim Jordan (R-OH): And you're confident that it was from a tech company, not from someone from the government? Yoel Roth: To the best of my recollection, yes. Rep. Jim Jordan (R-OH): Did anyone from the government, in these periodic meetings you had, did they ever tell you that a hack and leak operation involving Hunter Biden was coming? Yoel Roth: No. Rep. Jim Jordan (R-OH): Did Hunter Biden's name come up at all these meetings? Yoel Roth: Yes, his name was raised in those meetings, but not by the government to the best of my recollection. 6:09:30 Rep. Jim Jordan (R-OH): Mr. Roth, why were you reluctant, based on what I read in the Twitter files, why were you reluctant to work with the GEC? Yoel Roth: It was my understanding that the GEC, or the Global Engagement Center of the State Department, had previously engaged in at least what some would consider offensive influence operations. Not that they were offensive as in bad, but offensive as in they targeted entities outside of the United States. And on that basis, I felt that it would be inappropriate for Twitter to engage with a part of the State Department that was engaged in active statecraft. We were dedicated to rooting out malign foreign interference no matter who it came from. And if we found that the American government was engaged in malign foreign interference, we'd be addressing that as well. 6:13:50 Rep. James Comer (R-KY): Twitter is a private company, but they enjoy special liability protections, Section 230. They also, according to the Twitter files, receive millions of dollars from the FBI, which is tax dollars, I would assume. And that makes it a concern of the Oversight Committee. Does Section 230's Sweeping Immunity Enable Big Tech Bad Behavior? October 28, 2020 Senate Commerce, Science and Transportation Committee Witnesses: Jack Dorsey, [Former] CEO, Twitter Sundar Pichai, CEO, Alphabet and Google Mark Zuckerberg, CEO, Facebook [Meta] Clips 2:20:40 Sen. Ed Markey (D-MA): The issue is not that the companies before us today are taking too many posts down. The issue is that they're leaving too many dangerous posts up. In fact, they're amplifying harmful content so that it spreads like wildfire and torches our democracy. 3:15:40 Mark Zuckerberg: Senator, as I testified before, we relied heavily on the FBI, his intelligence and alert status both through their public testimony and private briefings. Sen. Ron Johnson (R-WI): Did the FBI contact you, sir, than your co star? It was false. Mark Zuckerberg: Senator not about that story specifically. Sen. Ron Johnson (R-WI): Why did you throttle it back? Mark Zuckerberg: They alerted us to be on heightened alert around a risk of hack and leak operations around a release and probe of information. Emerging Trends in Online Foreign Influence Operations: Social Media, COVID-19, and Election Security June 18, 2020 Permanent Select Committee on Intelligence Watch on YouTube Witnesses: Nathaniel Gleicher, Head of Security Policy at Facebook Nick Pickles, Director of Global Public Policy Strategy and Development at Twitter Richard Salgado, Director for Law Enforcement and Information Security at Google 1:40:10 Nathaniel Gleicher: Congressman, the collaboration within industry and with government is much, much better than it was in 2016. I think we have found the FBI, for example, to be forward leaning and ready to share information with us when they see it. We share information with them whenever we see indications of foreign interference targeting our election. The best case study for this was the 2018 midterms, where you saw industry, government and civil society all come together, sharing information to tackle these threats. We had a case on literally the eve of the vote, where the FBI gave us a tip about a network of accounts where they identified subtle links to Russian actors. Were able to investigate those and take action on them within a matter of hours. 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 annual war authorization (NDAA) is an excellent opportunity to examine our military's roles and goals in the world. In this episode, learn about how much of our tax money Congress provided the Defense Department, including how much of that money is classified, how much more money was dedicated to war than was requested, and what they are authorized to use the money for. This episode also examines our Foreign Military Financing programs with a deep dive into a new partner country: Ecuador. 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/cd269-ndaa-2023-plan-ecuador Background Sources Recommended Congressional Dish Episodes CD244: Keeping Ukraine CD243: Target Nicaragua CD230: Pacific Deterrence Initiative CD229: Target Belarus CD218: Minerals are the New Oil CD191: The “Democracies” Of Elliott Abrams CD187: Combating China CD176: Target Venezuela: Regime Change in Progress CD172: The Illegal Bombing of Syria CD147: Controlling Puerto Rico CD128: Crisis in Puerto Rico CD108: Regime Change CD102: The World Trade Organization: COOL? World Trade System “IMF vs. WTO vs. World Bank: What's the Difference?” James McWhinney. Oct 10, 2021. Investopedia. The Profiteers: Bechtel and the Men Who Built the World. Sally Denton. Simon and Schuster: 2017. Littoral Combat Ships “The Pentagon Saw a Warship Boondoggle. Congress Saw Jobs.” Eric Lipton. Feb 4, 2023. The New York Times. “BAE Systems: Summary.” Open Secrets. Foreign Military Sales Program “Written Testimony of Assistant Secretary of State Jessica Lewis before the Senate Foreign Relations Committee at a hearing on the ‘Future of Security Sector Assistance.'” March 10, 2022. Senate Foreign Relations Committee. Ecuador “Ecuador - Modern history.” Encyclopedia Britannica. “Ecuador Tried to Curb Drilling and Protect the Amazon. The Opposite Happened.” Catrin Einhorn and Manuela Andreoni. Updated Jan 20, 2023. The New York Times. “Ecuador: An Overview,” [IF11218]. June S. Beittel and Rachel L. Martin. Sep 9, 2022. Congressional Research Service. “Ecuador: In Brief,” [R44294]. June S. Beittel. Updated Feb 13, 2018. Congressional Research Service. “Ecuador's 2017 Elections,” [IF10581] June S. Beittel. Updated April 20, 2017. Congressional Research Services. Debt Default “Ecuador's Debt Default: Exposing a Gap in the Global Financial Architecture.” Sarah Anderson and Neil Watkins. Dec 15, 2008. Institute for Policy Studies. “Ecuador: President Orders Debt Default.” Simon Romero. Dec 12, 2008. The New York Times. Violence and Drugs “Ecuador's High Tide of Drug Violence.” Nov 4, 2022. International Crisis Group. “Lasso will propose to the US an Ecuador Plan to confront drug trafficking.” Jun 8, 2022. EcuadorTimes.net. “‘Es hora de un Plan Ecuador': el presidente Lasso dice en entrevista con la BBC que su país necesita ayuda para enfrentar el narcotráfico.” Vanessa Buschschluter. Nov 4, 2021. BBC. “Ecuador declares state of emergency over crime wave.” Oct 19, 2021. Deutsche Welle. Mining “An Ecuadorean Town Is Sinking Because of Illegal Mining.” Updated Mar 28, 2022. CGTN America. “New Mining Concessions Could Severely Decrease Biodiversity and Ecosystem Services in Ecuador.” Bitty A. Roy. Jun 19, 2018. Tropical Conservation Science. Foreign Infrastructure Investments “Ecuador prioritizing 4 road projects involving more than US$1bn.” Nov 28, 2022. BNamericas. “USTDA Expands Climate Portfolio in Ecuador.” May 27, 2022. U.S. Trade and Development Agency. “Ecuador's controversial and costliest hydropower project prompts energy rethink.” Richard Jiménez and Allen Panchana. Dec 16, 2021. Diálogo Chino. “Ecuador's Power Grid Gets a Massive Makeover.” Frank Dougherty. Mar 1, 2021. Power. Fishing “China fishing fleet defied U.S. in standoff on the high seas.” Joshua Goodman. Nov 2, 2022. Chattanooga Times Free Press. “Report to Congress: National 5-year Strategy for Combating Illegal, Unreported, and Unregulated Fishing (2022-2026).” October 2022. U.S. Interagency Working Group on IUU Fishing. “United States Launches Public-Private Partnership In Peru And Ecuador To Promote Sustainable, Profitable Fishing Practices.” Oct 7, 2022. U.S. Agency for International Development. “US Coast Guard Conducts High Seas Boarding for First Time in the South Pacific Regional Fisheries Management Organization Convention Area.” U.S. Coast Guard. Oct 5, 2022. Diálogo Americas. “Walmart, Whole Foods, and Slave-Labor Shrimp.” Adam Chandler. Dec 16, 2015. The Atlantic. South Pacific Regional Fisheries Management Organisation (SPRFMO) Cutter Ships 22 USC Sec. 2321j, Update “Coast Guard Cutter Procurement: Background and Issues for Congress,” [R42567]. Ronald O'Rourke. Updated August 30, 2022. Congressional Research Service. Julian Assange “How Julian Assange became an unwelcome guest in Ecuador's embassy.” Luke Harding et al. May 15, 2018. The Guardian. “Ecuador Expels U.S. Ambassador Over WikiLeaks Cable.” Simon Romero. Apr 5, 2011. The New York Times. Chevron Case “Controversial activist Steven Donziger is a folk hero to the left, a fraud to Big Oil.” Zack Budryk. Dec 27, 2022. The Hill. Venezuela “Ecuador: Lasso Calls for Increased Pressure on Venezuela.” Apr 14, 2021. teleSUR. China Trade Deal “Ecuador reaches trade deal with China, aims to increase exports, Lasso says.” Jan 3, 2023. Reuters. “On the Ecuador-China Debt Deal: Q&A with Augusto de la Torre.” Sep 23, 2022. The Dialogue. “Ecuador sees trade deal with China at end of year, debt talks to begin.” Alexandra Valencia. Feb 5, 2022. Reuters. Business Reforms “Will Ecuador's Business Reforms Attract Investment?” Ramiro Crespo. Mar 3, 2022. Latin American Advisor. U.S. Ecuador Partnership “Why Ecuador's president announced his re-election plans in Washington.” Isabel Chriboga. Dec 22, 2022. The Atlantic Council. “USMCA as a Framework: New Talks Between U.S., Ecuador, Uruguay.” Jim Wiesemeyer. Dec 21, 2022. AgWeb. “US seeks to bolster Ecuador ties as China expands regional role.” Dec 19, 2022. Al Jazeera. “As China's influence grows, Biden needs to supercharge trade with Ecuador.” Isabel Chiriboga. Dec 19, 2022. The Atlantic Council. “The United States and Ecuador to Explore Expanding the Protocol on Trade Rules and Transparency under the Trade and Investment Council (TIC).” Nov 1, 2022. Office of the United States Trade Representative. “A delegation of U.S. senators visits Ecuador.” Oct 19, 2022. U.S. Embassy & Consulate in Ecuador. Referendum “Guillermo Lasso Searches for a Breakthrough.” Sebastián Hurtado. Dec 19, 2022. Americas Quarterly. State Enterprise Resignation “Ecuador President Guillermo Lasso asks heads of all state firms to resign.” Jan 18, 2023. Buenos Aires Times. Lithium Triangle “Why the U.S. Inflation Reduction Act Could Benefit Both Mining and Energy in Latin America.” John Price. Aug 22, 2022. Americas Market Intelligence. Colombia “Latin America's New Left Meets Davos.” Catherine Osborn. Jan 20, 2023. Foreign Policy. “How Colombia plans to keep its oil and coal in the ground.” María Paula Rubiano A. Nov 16, 2022. BBC. “Colombia: Background and U.S. Relations.” June S. Beittel. Updated December 16, 2021. Congressional Research Service. Tax Reform “In Colombia, Passing Tax Reform Was the Easy Part.” Ricardo Ávila. Nov 23, 2022. Americas Quarterly. “U.S. Government Must Take Urgent Action on Colombia's Tax Reform Bill.” Cesar Vence and Megan Bridges. Oct 26, 2022. U.S. Chamber of Commerce. “Letter from ACT et. al. to Sec. Janet Yellen, Sec. Gina Raimondo, and Hon. Katherine Tai.” U.S. Chamber of Commerce. Relationship with U.S. “Does glyphosate cause cancer?” Cancer Treatment Centers of America. Jul 8, 2021. City of Hope. “Colombian Intelligence Unit Used U.S. Equipment to Spy on Politicians, Journalists.” Kejal Vyas. May 4, 2020. The Wall Street Journal. “Exposure to glyphosate-based herbicides and risk for non-Hodgkin lymphoma: A meta-analysis and supporting evidence.” Luoping Zhang et al. Mutation Research/Reviews in Mutation Research Vol. 781, July–September 2019, pp. 186-206. “Colombia to use drones to fumigate coca leaf with herbicide.” Jun 26, 2018. Syria “Everyone Is Denouncing the Syrian Rebels Now Slaughtering Kurds. But Didn't the U.S. Once Support Some of Them?” Mehdi Hasan. Oct 26, 2019. The Intercept. “U.S. Relations With Syria: Bilateral Relations Fact Sheet.” Jan 20, 2021. U.S. Department of State, Bureau of Near Eastern Affairs. “Behind the Sudden Death of a $1 Billion Secret C.I.A. War in Syria.” Mark Mazzetti et al. Aug 2, 2017. The New York Times. “Arms Airlift to Syria Rebels Expands, With Aid From C.I.A.” C. J. Chivers and Eric Schmitt. Mar 24, 2013. The New York Times. Government Funding “House Passes 2023 Government Funding Legislation.” Dec 23, 2022. House Appropriations Committee Democrats. “Division C - Department of Defense Appropriations Act, 2023.” Senate Appropriations Committee. Jen's highlighted version “Division K - Department of State, Foreign Operations, and Related Programs Appropriations Act, 2023.” Senate Appropriations Committee. Laws H.R.2617 - Consolidated Appropriations Act, 2023 H.R.7776 - James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 Jen's highlighted version Bills H.R. 8711 - United States-Ecuador Partnership Act of 2022 S. 3591 - United States-Ecuador Partnership Act of 2022 Audio Sources A conversation with General Laura J. Richardson on security across the Americas January 19, 2023 The Atlantic Council Clips 17:51 Gen. Laura Richardson: The Belt and Road Initiative (BRI) that has been ongoing for the last over a decade in this region, 21 of 31 countries have signed on to this Belt and Road Initiative. I could take Argentina last January, the most recent signatory on to the Belt and Road Initiative, and $23 billion in infrastructure projects that signatory and signing on to that. But again, 21 of 31 countries. There are 25 countries that actually have infrastructure projects by the PRC. Four that aren't signatories of the BRI, but they do actually have projects within their countries. But not just that. Deepwater ports in 17 countries. I mean, this is critical infrastructure that's being invested in. I have the most space enabling infrastructure in the Western Hemisphere in Latin America and the Caribbean. And I just caused question, you know, why? Why is all of this critical infrastructure being invested in so heavily? In terms of telecommunications, 5G, I've got five countries with the 5G backbone in this region. I've got 24 countries with the PRC Huawei 3G-4G. Five countries have the Huawei backbone infrastructure. If I had to guess, they'll probably be offered a discount to upgrade and stay within the same PRC network. And so very, very concerning as we work with our countries. 20:00 Gen. Laura Richardson: What I'm starting to see as well is that this economy...the economy impacts to these partner nations is affecting their ability to buy equipment. And you know, as I work with our partner nations, and they invest in U.S. equipment, which is the best equipment, I must say I am a little biased, but it is the best equipment, they also buy into the supply chain of spare parts, and all those kinds of things that help to sustain this piece of equipment over many, many years. So in terms of the investment that they're getting, and that equipment to be able to stay operational, and the readiness of it, is very, very important. But now these partner nations, due to the impacts of their economy, are starting to look at the financing that goes along with it. Not necessarily the quality of the equipment, but who has the best finance deal because they can't afford it so much up front. 24:15 Gen. Laura Richardson: This region, why this region matters, with all of its rich resources and rare earth elements. You've got the lithium triangle which is needed for technology today. 60% of the world's lithium is in the lithium triangle: Argentina Bolivia, Chile. You just have the largest oil reserves -- light, sweet, crude -- discovered off of Guyana over a year ago. You have Venezuela's resources as well with oil, copper, gold. China gets 36% of its food source from this region. We have the Amazon, lungs of the world. We have 31% of the world's freshwater in this region too. I mean, it's just off the chart. 28:10 Gen. Laura Richardson: You know, you gotta question, why are they investing so heavily everywhere else across the planet? I worry about these dual-use state-owned enterprises that pop up from the PRC, and I worry about the dual use capability being able to flip them around and use them for military use. 33:30 Interviewer: Russia can't have the ability to provide many of these countries with resupply or new weapons. I mean, they're struggling to supply themselves, in many cases, for Ukraine. So is that presenting an opportunity for maybe the US to slide in? Gen. Laura Richardson: It is, absolutely and we're taking advantage of that, I'd like to say. So, we are working with those countries that have the Russian equipment to either donate or switch it out for United States equipment. or you Interviewer: Are countries taking the....? Gen. Laura Richardson: They are, yeah. 45:25 Gen. Laura Richardson: National Guard State Partnership Program is huge. We have the largest National Guard State Partnership Program. It has come up a couple of times with Ukraine. Ukraine has the State Partnership Program with California. How do we initially start our great coordination with Ukraine? It was leveraged to the National Guard State Partnership Program that California had. But I have the largest out of any of the CoCOMMs. I have 24 state partnership programs utilize those to the nth degree in terms of another lever. 48:25 Gen. Laura Richardson: Just yesterday I had a zoom call with the U.S. Ambassadors from Argentina and Chile and then also the strategy officer from Levant and then also the VP for Global Operations from Albermarle for lithium, to talk about the lithium triangle in Argentina, Bolivia and Chile and the companies, how they're doing and what they see in terms of challenges and things like that in the lithium business and then the aggressiveness or the influence and coercion from the PRC. House Session June 15, 2022 Clips Rep. Jackie Speier (D-CA): The GAO found that the LCS had experienced engine failure in 10 of the 11 deployments reviewed. Rep. Jackie Speier (D-CA): One major reason for the excessive costs of LCS: contractors. Unlike other ships where sailors do the maintenance, LCS relies almost exclusively on contractors who own and control the technical data needed to maintain and repair. Rep. Jackie Speier (D-CA): Our top priority and national defense strategy is China and Russia. We can't waste scarce funds on costly LCS when there are more capable platforms like destroyers, attack submarines, and the new constellation class frigate. A review of the President's Fiscal Year 2023 funding request and budget justification for the Navy and Marine Corps May 25, 2022 Senate Appropriations Committee, Subcommittee on Defense Watch full hearing on YouTube Witnesses: Carlos Del Toro, Secretary, United States Navy Admiral Michael M. Gilday, Chief of Naval Operations General David H. Berger, Commandant of the Marine Corps Clips Sen. Jerry Moran (R-KS): I think the christening was just a few years ago...maybe three or so. So the fact that we christened the ship one year and a few years later we're decommissioning troubles me. Sen. Jerry Moran (R-KS): Are there not other uses, if there's something missing from this class of ships, that we would avoid decommissioning? Adm. Michael Gilday: We need a capable, lethal, ready Navy more than we need a larger Navy that's less capable, less lethal, and less ready. And so, unfortunately the Littoral combat ships that we have, while the mechanical issues were a factor, a bigger factor was was the lack of sufficient warfighting capability against a peer competitor in China. Adm. Michael Gilday: And so we refuse to put an additional dollar against that system that wouldn't match the Chinese undersea threat. Adm. Michael Gilday: In terms of what are the options going forward with these ships, I would offer to the subcommittee that we should consider offering these ships to other countries that would be able to use them effectively. There are countries in South America, as an example, as you pointed out, that would be able to use these ships that have small crews. Secretary of State Antony J. Blinken and Secretary ofDefense Lloyd J. Austin III Remarks to Traveling Press April 25, 2022 China's Role in Latin America and the Caribbean March 31, 2022 Senate Foreign Relations Committee Watch full hearing on YouTube Witnesses: Kerri Hannan, Deputy Assistant Secretary for Public Diplomacy, Policy, Planning, and Coordination, Bureau of Western Hemisphere Affairs, U.S. Department of State Peter Natiello, Senior Deputy Assistant Administrator, Latin America and Caribbean Bureau, U.S. Agency for International Development Andrew M. Herscowitz, Chief Development Officer, U.S. International Development Finance Corporation Margaret Myers, Director of the Asia & Latin America Program, Inter-American Dialogue Evan Ellis, Senior Associate, Center for Strategic and International Studies Clips 24:20 Sen. Tim Kaine (D-VA): Ecuador for example, nearly 20 years ago, former President Rafael Correa promised modernization for Ecuador, embracing Chinese loans and infrastructure projects in exchange for its oil. Fast forward to today. Ecuador now lives with the Chinese financed and built dam that's not fully operational despite being opened in 2016. The Coca Codo Sinclair Dam required over 7000 repairs, it sits right next to an active volcano, and erosion continues to damage the dam. The dam also caused an oil spill in 2020 that has impacted indigenous communities living downstream. And all that's on top of the billions of dollars that Ecuador still owes China. 56:40 Peter Natiello: One example that I could provide is work that we've done in Ecuador, with Ecuadorian journalists, to investigate, to analyze and to report on the issue of illegal and unregulated fishing off Ecuador's coast. And we do that because we want to ensure that Ecuadorian citizens have fact-based information upon which they can make decisions about China and countries like China, and whether they want their country working with them. 1:23:45 Sen. Ed Markey (D-MA): There are 86 million tons of identified lithium resources on the planet. On the planet. 49 million of the 86 million are in the Golden Triangle. That's Argentina, Bolivia, Chile. So what's our plan? 1:54:10 Evan Ellis: In security engagement, the PRC is a significant provider of military goods to the region including fighters, transport aircraft, and radars for Venezuela; helicopters and armored vehicles for Bolivia; and military trucks for Ecuador. 2:00:00 Margaret Myers: Ecuador is perhaps the best example here of a country that has begun to come to terms with the challenges associated with doing business with or interacting from a financial or investment perspective with China. And one need only travel the road from the airport to Quito where every day there are a lot of accidents because of challenges with the actual engineering of that road to know why many Ecuadorians feel this way. Examining U.S. Security Cooperation and Assistance March 10, 2022 Senate Committee on Foreign Relations Watch Full Hearing on YouTube Witnesses: Jessica Lewis, Assistant Secretary of State for Political-Military Affairs, U.S. Department of State Mara Elizabeth Karlin, Assistant Secretary of Defense for Strategy, Plans and Capabilities, U.S. Department of Defense Clips 1:23:17 Sen. Chris Murphy (D-CT): According to one study, the DoD manages 48 of the 50 new security assistance programs that were created after the 9/11 attacks and out of the 170 existing security assistance programs today, DOD manages 87, a whopping 81% of those programs. That is a fundamental transition from the way in which we used to manage security assistance. And my worry is that it takes out of the equation the people who have the clearest and most important visibility on the ground as to the impact of that security assistance and those transfers. Sen. Chris Murphy: We just spent $87 billion in military assistance over 20 years in Afghanistan. And the army that we supported went up in smoke overnight. That is an extraordinary waste of U.S. taxpayer dollars, and it mirrors a smaller but similar investment we made from 2003 to 2014 in the Iraqi military, who disintegrated when they faced the prospect of a fight against ISIS. Clearly, there is something very wrong with the way in which we are flowing military assistance to partner countries, especially in complicated war zones. You've got a minute and 10 seconds, so maybe you can just preview some lessons that we have learned, or the process by which we are going to learn lessons from all of the money that we have wasted in Iraq and Afghanistan. Jessica Lewis: Senator, I'll be brief so that Dr. Karlin can jump in as well. I think we do need to learn lessons. We need to make sure, as I was just saying to Senator Cardin, that when we provide security assistance, we also look not just at train and equip, but we look at other things like how the Ministries of Defense operate? Is their security sector governant? Are we creating an infrastructure that's going to actually work? Mara Elizabeth Karlin: Thank you for raising this issue, Senator. And I can assure you that the Department of Defense is in the process of commissioning a study on this exact issue. I will just say in line with Assistant Secretary Lewis, it is really important that when we look at these efforts, we spend time assessing political will and we do not take an Excel spreadsheet approach to building partner militaries that misses the higher order issues that are deeply relevant to security sector governance, that will fundamentally show us the extent to which we can ultimately be successful or not with a partner. Thank you. Sen. Chris Murphy (D-CT): You know, in Iraq, last time I was there, we were spending four times as much money on security assistance as we were on non-security assistance. And what Afghanistan taught us amongst many things, is that if you have a fundamentally corrupt government, then all the money you're flowing into the military is likely wasted in the end because that government can't stand and thus the military can't stand. So it also speaks to rebalancing the way in which we put money into conflict zones, to not think that military assistance alone does the job. You got to be building sustainable governments that serve the public interests in order to make your security assistance matter and be effective. Thank you, Mr. Chairman. National Security Challenges and U.S. Military Activity in North and South America March 8, 2022 House Armed Services Committee Watch full hearing on YouTube Witnesses: Melissa G. Dalton, Assistant Secretary of Defense for Homeland Defense and Hemispheric Affairs Office of the Secretary of Defense General Laura Richardson, USA, Commander, U.S. Southern Command General Glen D. VanHerck, USAF, Commander, U.S. Northern Command and North American Aerospace Defense Command Clips 17:30 General Laura Richardson: Colombia, for example, our strongest partner in the region, exports security by training other Latin American militaries to counter transnational threats. 1:20:00 General Laura Richardson: If I look at what PRC (People's Republic of China) is investing in the [SOUTHCOM] AOR (Area of Responsibility), over a five year period of 2017 to 2021: $72 billion. It's off the charts. And I can read a couple of the projects. The most concerning projects that I have are the $6 billion in projects specifically near the Panama Canal. And I look at the strategic lines of communication: Panama Canal and the Strait of Magellan. But just to highlight a couple of the projects. The nuclear power plant in Argentina: $7.9 billion. The highway in Jamaica: $5.6 billion. The energy refinery in Cuba, $5 billion. The highway in Peru: $4 billion. Energy dam in Argentina: $4 billion, the Metro in Colombia: $3.9 billion. The freight railway in Argentina: $3 billion. These are not small projects that they're putting in this region. This region is rich in resources, and the Chinese don't go there to invest, they go there to extract. All of these projects are done with Chinese labor with host nation countries'. U.S. Policy on Democracy in Latin America and the Caribbean November 30, 2021 Senate Foreign Affairs Committee Watch full hearing on YouTube Witnesses: Brian A. Nichols, Assistant Secretary of State for Western Hemisphere Affairs, U.S. Department of State Todd D. Robinson, Assistant Secretary of State for International Narcotics and Law Enforcement Affairs, U.S. Department of State Clips 1:47:15 Sen. Ted Cruz (R-TX): I'd like to start with Mexico. I am increasingly concerned that the Mexican government is engaged in a systematic campaign to undermine American companies, and especially American energy companies that have invested in our shared prosperity and in the future of the Mexican people and economy. Over the past five months, Mexican regulators have shut down three privately owned fuel storage terminals. Among those they shut down a fuel terminal and Tuxpan, which is run by an American company based in Texas, and which transports fuel on ships owned by American companies. This is a pattern of sustained discrimination against American companies. And I worry that the Mexican government's ultimate aim is to roll back the country's historic 2013 energy sector liberalisation reforms in favor of Mexico's mismanaged and failing state-owned energy companies. The only way the Mexican government is going to slow and reverse their campaign is if the United States Government conveys clearly and candidly that their efforts pose a serious threat to our relationship and to our shared economic interests. 2:01:50 Sen. Cory Booker (D-NJ): Mr. Nichols, can you can you just be a little more specific about the tactics of the GEC? What are some of the specific activities they're doing? And what more would you like to see them do? Brian A. Nichols: The Global Engagement Center both measures public opinion and social media trends throughout the world. They actively work to counter false messages from our strategic competitors. And they prepare media products or talking points that our embassies and consulates around the hemisphere can use to combat disinformation. I think they do a great job. Obviously, it's a huge task. So the the resources that they have to bring to bear to this limit, somewhat, the ability to accomplish those goals, but I think they're doing vital, vital work. 2:13:30 Todd D. Robinson: We are, INL (International Narcotics and Law Enforcement) are working very closely with the Haitian National Police, the new Director General, we are going to send in advisors. When I was there two weeks ago, I arrived with -- they'd asked for greater ability to get police around the city -- I showed up with 19 new vehicles, 200 new protective vests for the police. The 19 was the first installment of a total of 60 that we're going to deliver to the Haitian National Police. We're gonna get advisors down there to work with the new SWAT team to start taking back the areas that have been taken from ordinary Haitians. But it's going to be a process and it's going to take some time. Sen. Bob Menendez: Well, first of all, is the Haitian National Police actually an institution capable of delivering the type of security that Hatians deserve? Todd D. Robinson: We believe it is. It's an institution that we have worked with in the past. There was a small brief moment where Haitians actually acknowledged that the Haitian National Police had gotten better and was more professional. Our goal, our long term goal is to try to bring it back to that Sen. Bob Menendez: How much time before we get security on the ground? Todd D. Robinson: I can't say exactly but we are working as fast as we can. Sen. Bob Menendez: Months, years? Todd D. Robinson: Well, I would hope we could do it in less than months. But we're working as fast as we can. Global Challenges and U.S. National Security Strategy January 25, 2018 Senate Committee on Armed Services Watch the full hearing on YouTube Witnesses: Dr. Henry A. Kissinger, Chairman of Kissinger Associates and Former Secretary of State Dr. George P. Shultz, Thomas W. and Susan B. Ford Distinguished Fellow, Hoover Institution, Stanford University and Former Secretary of State Richard L. Armitage, President, Armitage International and Former Deputy Secretary of State Clips Dr. George Shultz: Small platforms will carry a very destructive power. Then you can put these small platforms on drones. And drones can be manufactured easily, and you can have a great many of them inexpensively. So then you can have a swarm armed with lethal equipment. Any fixed target is a real target. So an airfield where our Air Force stores planes is a very vulnerable target. A ship at anchor is a vulnerable target. So you've got to think about that in terms of how you deploy. And in terms of the drones, while such a system cannot be jammed, it would only serve to get a drone—talking about getting a drone to the area of where its target is, but that sure could hit a specific target. At that point, the optical systems guided by artificial intelligence could use on-board, multi-spectral imaging to find a target and guide the weapons. It is exactly that autonomy that makes the technologic convergence a threat today. Because such drones will require no external input other than the signature of the designed target, they will not be vulnerable to jamming. Not requiring human intervention, the autonomous platforms will also be able to operate in very large numbers. Dr. George Shultz: I think there's a great lesson here for what we do in NATO to contain Russia because you can deploy these things in boxes so you don't even know what they are and on trucks and train people to unload quickly and fire. So it's a huge deterrent capability that is available, and it's inexpensive enough so that we can expect our allies to pitch in and get them for themselves. Dr. George Shultz: The creative use of swarms of autonomous drones to augment current forces would strongly and relatively cheaply reinforce NATO, as I said, that deterrence. If NATO assists frontline states in fielding large numbers of inexpensive autonomous drones that are pre-packaged in standard 20-foot containers, the weapons can be stored in sites across the countries under the control of reserve forces. If the weapons are pre-packaged and stored, the national forces can quickly deploy the weapons to delay a Russian advance. So what's happening is you have small, cheap, and highly lethal replacing large, expensive platforms. And this change is coming about with great rapidity, and it is massively important to take it into account in anything that you are thinking about doing. Foreign Military Sales: Process and Policy June 15, 2017 House Foreign Affairs Subcommittee on Terrorism, Nonproliferation, and Trade Watch the full hearing on YouTube Witnesses: Tina Kaidanow, Acting Assistant Secretary, Bureau of Political-Military Affairs, U.S. Department of State Vice Admiral Joseph Rixey, Director, U.S. Defense Security Cooperation Agency Clips 14:40 Tina Kaidanow: Arms Transfers constitute an element of foreign policy. We therefore take into account foreign policy considerations as we contemplate each arms transfer or sale, including specifically, the appropriateness of the transfer in responding to U.S and recipient security needs; the degree to which the transfer supports U.S. strategic foreign policy and defense interests through increased access and influence; allied burden sharing and interoperability; consistency with U.S. interests regarding regional stability; the degree of protection afforded by the recipient company to our sensitive technology; the risk that significant change in the political or security situation of the recipient country could lead to inappropriate end use or transfer; and the likelihood that the recipient would use the arms to commit human rights abuses or serious violations of international humanitarian law, or retransfer the arms to those who would commit such abuses. As a second key point, arms transfers support the U.S. Defense industrial base and they reduce the cost of procurement for our own U.S. military. Purchases made through the Foreign Military Sales, known as the FMS, system often can be combined with our Defense Department orders to reduce unit costs. Beyond this, the US defense industry directly employs over 1.7 million people across our nation. 20:20 Vice Admiral Joseph Rixey: FMS is the government-to-government process through which the U.S. government purchases defense articles, training, and services on behalf of foreign governments, authorized in the Arms Export Control Act. FMS is a long standing security cooperation program that supports partner and regional security, enhances military-to-military cooperation, enables interoperability and develops and maintains international relationships. Through the FMS process, the US government determines whether or not the sale is of mutual benefit to us and the partner, whether the technology can and will be protected, and whether the transfer is consistent with U.S. conventional arms transfer policy. The FMS system is actually a set of systems in which the Department of State, Department of Defense, and Congress play critical roles. The Department of Defense in particular executes a number of different processes including the management of the FMS case lifecycle which is overseen by DSCA (Defense Security Cooperation Agency). Technology transfer reviews, overseen by the Defense Technology Security Administration, and the management of the Defense Acquisition and Logistics Systems, overseen by the Office of the Undersecretary of Defense for Acquisition, Technology and Logistics, and the military departments. This process, or a version of it, also serves us well, in the DoD Title X Building Partnership Capacity arena, where the process of building a case, validating a requirement and exercising our U.S. acquisition system to deliver capability is modeled on the FMS system. I want to say clearly that overall the system is performing very well. The United States continues to remain the provider of choice for our international partners, with 1,700 new cases implemented in Fiscal Year 2016 alone. These new cases, combined with adjustments to existing programs, equated to more than $33 billion in sales last year. This included over $25 billion in cases funded by our partner nations' own funds and approximately $8 billion in cases funded by DOD Title X program or Department of State's Appropriations. Most FMS cases move through the process relatively quickly. But some may move more slowly as we engage in deliberate review to ensure that the necessary arms transfer criteria are met. 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 January 6th Committee investigation is over and four criminal charges against former President Donald Trump have been referred to the Justice Department by the Committee. In this episode, hear a summary of 23 hours of testimony and evidence presented by the Committee which prove that former President Trump went to extraordinary and illegal lengths to remain President, despite losing the 2020 Election. 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/cd266-contriving-january-6th Executive Producer Recommended Sources “PREPARED REMARKS: Sanders Files Amendment on Microchip Legislation to Restrict Blank Check Corporate Welfare.” Jul 19, 2022. U.S. Senator Bernie Sanders. Background Sources Recommended Congressional Dish Episodes CD236: January 6: The Capitol Riot CD228: The Second Impeachment Trial of Donald Trump The Final Committee Report “Final Report of the Select Committee to Investigate the January 6th Attack on the Capitol,” [House Report 117-663] 117th Congress Second Session. Dec 22, 2022. U.S. Government Publishing Office. The January 6th Committee “Inside the Jan. 6 Committee.” Robert Draper and Luke Broadwater. Dec 23, 2022. The New York Times Magazine. 2020 Election Litigation “Litigation in the 2020 Election.” Oct 27, 2022. The American Bar Association. “‘Trump Won Two-Thirds of Election Lawsuits Where Merits Considered.'” Daniel Funke. Feb 9, 2021. PolitiFact. January 6th Security Failures “Capitol Attack: The Capitol Police Need Clearer Emergency Procedures and a Comprehensive Security Risk Assessment Process,” [GAO-22-105001] February 2022. U.S. Government Accountability Office. Electors and Vote Certification Process “Who Are Electors And How Do They Get Picked?” Domenico Montanaro. Dec 14, 2020. NPR. “About the Electors.” May 11, 2021. U.S. National Archives. John Eastman “Who is John Eastman, the Trump lawyer at the center of the Jan. 6 investigation?” Deepa Shivaram. Jun 17, 2022. NPR. “About Us.” The Federalist Society. “The Eastman Memo.” Trump and Georgia “The Georgia criminal investigation into Trump and his allies, explained.” Matthew Brown. Nov 22, 2022. The Washington Post. “Here's the full transcript and audio of the call between Trump and Raffensperger.” Amy Gardner and Paulina Firozi. Jan 5, 2021. The Washington Post. AG Bill Barr Interview “In exclusive AP interview, AG Barr says no evidence of widespread election fraud, undermining Trump.” Mike Balsamo. Dec 11, 2020. “Barr tells AP that Justice Dept. hasn't uncovered widespread voting fraud that could have changed 2020 election outcome.” Dec 1, 2020. The Associated Press. Past Electoral Vote Challenges “Post Misleadingly Equates 2016 Democratic Effort to Trump's 2020 ‘Alternate Electors.'” Joseph A. Gambardello. Jun 29, 2022. FactCheck.org. “Democrats challenge Ohio electoral votes.” Ted Barrett. Jan 6, 2005. CNN. Fake Electors “What you need to know about the fake Trump electors.” Amy Sherman. Jan 28, 2022. PolitiFact. “Exclusive: Federal prosecutors looking at 2020 fake elector certifications, deputy attorney general tells CNN.” Evan Perez and Tierney Sneed. Jan 26, 2022. CNN. “American Oversight Obtains Seven Phony Certificates of Pro-Trump Electors.” Mar 2, 2021. American Oversight. Censure of Cheney & Kinzinger “Read the Republican Censure of Cheney and Kinzinger.” Feb 4 2022. The New York Times. Audio Sources 12/19/22 Business Meeting December 19, 2022 House Select Committee to Investigate the January 6th Attack on the United States Capitol 10/13/22 Business Meeting October 13, 2022 House Select Committee to Investigate the January 6th Attack on the United States Capitol Featured speakers: Kayleigh McEnany, Former White House Press Secretary Molly Michael, Former Executive Assistant to the President Pat Cipollone, Former White House Counsel Clips Rep. Liz Cheney (R-WY): Why would Americans assume that our Constitution, and our institutions, and our Republic are invulnerable to another attack? Why would we assume that those institutions will not falter next time? A key lesson of this investigation is this: Our institutions only hold when men and women of good faith make them hold, regardless of the political cost. We have no guarantee that these men and women will be in place next time. Any future president inclined to attempt what Donald Trump did in 2020 has now learned not to install people who could stand in the way. And also please consider this: The rulings of our courts are respected and obeyed, because we as citizens pledged to accept and honor them. Most importantly, our President, who has a constitutional obligation to faithfully execute the laws, swears to accept them. What happens when the President disregards the court's rulings is illegitimate. When he disregards the rule of law, that my fellow citizens, breaks our Republic. January 6 Committee Lawyer: To your knowledge, was the president in that private dining room the whole time that the attack on the Capitol was going on? Or did he ever go to, again only to your knowledge, to the Oval Office, to the White House Situation Room, anywhere else? Kayleigh McEnany: The the best of my recollection, he was always in the dining room. January 6 Committee Lawyer: What did they say, Mr. Meadows or the President, at all during that brief encounter that you were in the dining room? What do you recall? Gen. Keith Kellogg: I think they were really watching the TV. January 6 Committee Lawyer: Do you know whether he was watching TV in the dining room when you talked to him on January sixth? Molly Michael: It's my understanding he was watching television. January 6 Committee Lawyer: When you were in the dining room in these discussions, was the violence of capital visible on the screen on the television? Pat Cipollone: Yes. Rep. Adam Kinzinger (R-IL): A federal appeals court in Pennsylvania wrote, quote, "charges require specific allegations and proof. We have neither here." A federal judge in Wisconsin wrote, quote, "the court has allowed the former President the chance to make his case and he has lost on the merits." Another judge in Michigan, called the claims quote, "nothing but speculation and conjecture that votes for President Trump were either destroyed, discarded or switched to votes for Vice President Biden." A federal judge in Michigan sanctioned nine attorneys, including Sidney Powell, for making frivolous allegations in an election fraud case, describing the case as a historic and profound abuse of the judicial process. Recently, a group of distinguished Republican election lawyers, former judges and elected officials issued a report confirming the findings of the courts. In their report entitled "Lost, Not Stolen," these prominent Republicans analyzed each election challenge and concluded this: Donald Trump and his supporters failed to present evidence of fraud or inaccurate results significant enough to invalidate the results of the 2020 Presidential Election. On December 11, Trump's allies lost a lawsuit in the US Supreme Court that he regarded as his last chance of success in the courts. Alyssa Farah: I remember maybe a week after the election was called, I popped into the Oval just to like, give the President the headlines and see how he was doing and he was looking at the TV and he said, "Can you believe I lost to this effing guy?" Cassidy Hutchinson: Mark raised it with me on the 18th and so following that conversation we were in the motorcade ride driving back to the White House, and I said, like, "Does the President really think that he lost?" And he said, "A lot of times he'll tell me that he lost, but he wants to keep fighting it and he thinks that there might be enough to overturn the election, but, you know, he pretty much has acknowledged that he, that he's lost. 07/12/22 Select Committee Hearing July 12, 2022 House Select Committee to Investigate the January 6th Attack on the United States Capitol Witnesses: Jason Van Tatenhove, Former Oath Keepers Spokesperson Stephen Ayres, January 6th Defendant Clips Rep. Stephanie Murphy (D-FL): According to White House visitor logs obtained by the Committee, members of Congress present at the White House on December 21 included Congressmen Brian Babin (TX), Andy Biggs (AZ), Matt Gaetz (FL), Louie Gohmert (TX), Paul Gosar (AZ), Andy Harris (MD), Jody Hice (R-GA), Jim Jordan (OD), and Scott Perry (PA). Then Congresswoman-elect Marjorie Taylor Greene (GA) was also there. Rep. Stephanie Murphy (D-FL): We've asked witnesses what happened during the December 21 meeting and we've learned that part of the discussion centered on the role of the Vice President during the counting of the electoral votes. These members of Congress were discussing what would later be known as the "Eastman Theory," which was being pushed by Attorney John Eastman. 06/28/2022 Select Committee Hearing June 28, 2022 House Select Committee to Investigate the January 6th Attack on the United States Capitol Witnesses: Cassidy Hutchinson, Former Special Assistant to the President and Aide to the Chief of Staff Clips 9:10 Rep. Liz Cheney (R-WY): Today's witness, Ms. Cassidy Hutchinson, is another Republican and another former member of President Trump's White House staff. Certain of us in the House of Representatives recall that Ms. Hutchinson once worked for House Republican whip Steve Scalise, but she is also a familiar face on Capitol Hill because she held a prominent role in the White House Legislative Affairs Office, and later was the principal aide to President Trump's Chief of Staff, Mark Meadows. 10:10 Rep. Liz Cheney (R-WY): In her role working for the White House Chief of Staff, Miss Hutchinson handled a vast number of sensitive issues. She worked in the West Wing, several steps down the hall from the Oval Office. Miss Hutchinson spoke daily with members of Congress, with high ranking officials in the administration, with senior White House staff, including Mr. Meadows, with White House Counsel lawyers, and with Mr. Tony Ornato, who served as the White House Deputy Chief of Staff. She also worked on a daily basis with members of the Secret Service who were posted in the White House. In short, Miss Hutchinson was in a position to know a great deal about the happenings in the Trump White House. 24:20 Rep. Liz Cheney (R-WY): On January 3, the Capitol Police issued a special event assessment. In that document, the Capitol Police noted that the Proud Boys and other groups planned to be in Washington DC on January 6, and indicated that quote, "unlike previous post election protests, the targets of the pro-Trump supporters are not necessarily the counter protesters, as they were previously, but rather, Congress itself is the target on the Sixth. 27:45 Rep. Liz Cheney (R-WY): Of course the world now knows that the people who attacked the Capitol on January 6 had many different types of weapons. When a President speaks, the Secret Service typically requires those attending to pass through metal detectors known as magnetometers, or mags for short. Rep. Liz Cheney (R-WY): The Select Committee has learned about reports from outside the magnetometers and has obtained police radio transmissions identifying individuals with firearms, including AR-15s near the Ellipse on the morning of January 6. Let's listen. Police Officer #1: Blue jeans and a blue jean jacket and underneath the blue jacket complaintants both saw the top of an AR 15. Police Officer #2: Any white males brown cowboy boots, they had Glock-style pistols in their waistbands. Police Officer #3: 8736 with the message that subject weapon on his right hip. Police Officer #4: Motor one, make sure PPD knows they have an elevated threat in the tree South side of Constitution Avenue. Look for the "Don't tread on me" flag, American flag facemask cowboy boots, weapon on the right side hip. Police Officer #5: I got three men walking down the street in fatigues and carrying AR-15s. Copy at Fourteenth and Independence. Rep. Liz Cheney (R-WY): We're going to show now an exchange of texts between you and Deputy Chief of Staff Ornato, and these text messages were exchanged while you were at the Ellipse. In one text, you write, "but the crowd looks good from this vantage point, as long as we get the shot. He was f---ing furious." But could you tell us, first of all, who it is in the text who was furious? Cassidy Hutchinson: The he in that text that I was referring to was the President. Rep. Liz Cheney (R-WY): And why was he furious, Miss Hutchinson? Cassidy Hutchinson: He was furious because he wanted the arena that we had on the Ellipse to be maxed out at capacity for all attendees. The advanced team had relayed to him that the mags were free flowing. Everybody who wanted to come in had already come in, but he still was angry about the extra space and wanted more people to come in. Cassidy Hutchinson: And that's what Tony [Ornato] had been trying to relate to him [President Trump] that morning. You know, it's not the issue that we encountered on the campaign. We have enough space. They don't want to come in right now, they have weapons they don't want confiscated by the Secret Service. They're fine on the Mall, they can see you on the Mall and they want to march straight to the Capitol from the Mall. But when we were in the off stage announced tent, I was part of a conversation -- I was in the, I was in the vicinity of a conversation -- where I overheard the President say something to the effect of you know, "I don't think that they have weapons. They're not here to hurt me take the effing mags away. Let my people in, they can march to the Capitol from here. Let the people in, take the effing mags away." Rep. Liz Cheney (R-WY): On December 1, 2020, Attorney General Barr said in an interview that the Department of Justice had now not found evidence of widespread election fraud, sufficient to change the outcome of the election. Ms. Hutchinson, how did the President react to hearing that news? Cassidy Hutchinson: I left the office and went down to the dining room, and I noticed that the door was propped open in the valet was inside the dining room changing the tablecloth off of the dining room table. The valet had articulated that the President was extremely angry at the Attorney General's AP interview and had thrown his lunch against the wall. Rep. Liz Cheney (R-WY): Miss Hutchinson, Attorney General Barr described to the Committee the President's angry reaction when he finally met with President Trump. Let's listen. Former Attorney General Bill Barr: And I said, "Look, I I know that you're dissatisfied with me and I'm glad to offer my resignation" and then he pounded the table very hard. Everyone sort of jumped and he said "Accepted." Reporter: Leader McCarthy, Do you condemn this violence? Rep. Kevin McCarthy (R-CA): I completely condemn the violence in the Capitol. What we're currently watching unfold is un-American. I'm disappointed, I'm sad. This is not what our country should look like. This is not who we are. This is not the First Amendment. This has to stop and this has to stop now. Rep. Liz Cheney (R-WY): Did White House Chief of Staff Mark Meadows ever indicate that he was interested in receiving a Presidential Pardon related to January 6? Cassidy Hutchinson: Mr. Meadows did seek that pardon. Yes, ma'am. Rep. Liz Cheney (R-WY): While our committee has seen many witnesses, including many Republicans, testify fully and forthrightly, this has not been true of every witness. And we have received evidence of one particular practice that raises significant concern. Our committee commonly asks witnesses connected to Mr. Trump's administration or campaign whether they'd been contacted by any of their former colleagues, or anyone else who attempted to influence or impact their testimony, without identifying any of the individuals involved. Let me show you a couple of samples of answers we received to this question. First, here's how one witness described phone calls from people interested in that witness's testimony. "What they said to me is, as long as I continue to be a team player, they know I'm on the right team, I'm doing the right thing, I'm protecting who I need to protect, you know, I'll continue to stay in good graces in Trump World. And they have reminded me a couple of times that Trump does read transcripts and just keep that in mind as I proceed through my interviews with the committee." Here's another sample in a different context. This is a call received by one of our witnesses. "A person let me know you have your deposition tomorrow. He wants me to let you know that he's thinking about you. He knows you're loyal, and you're going to do the right thing when you go in for your deposition." I think most Americans know that attempting to influence witnesses to testify untruthfully presents very serious concerns. 06/23/22 Select Committee Hearing June 23, 2022 House Select Committee to Investigate the January 6th Attack on the United States Capitol Witnesses: Jeffrey A. Rosen, Former Acting Attorney General Richard Donoghue, Former Acting Deputy Attorney General Steven Engel, Former Assistant Attorney General for the Office of Legal Counsel Eric Herschmann, Former White House Senior Advisor Clips Rep. Bennie Thompson (D-MS): From the time you took over from Attorney General Barr until January 3, how often did President Trump contact you or the Department to push allegations of election fraud? Former Acting Attorney General Jeffrey Rosen: So between December 23 and January 3, the president either called me or met with me virtually every day, with one or two exceptions like Christmas Day Rep. Andy Biggs (R-AZ): Again, I join my colleagues in calling on Attorney General Barr to immediately let us know what he's doing. Rep. Paul Gosar (R-AZ): We're already working on challenging the certified electors. And what about the court? How pathetic are the courts? Rep. Matt Gaetz (R-FL): January 6, I'm joining with the fighters in the Congress, and we are going to object to electors from states that didn't run clean elections. Democracy is left undefended if we accept the result of a stolen election without fighting with every bit of vigor we can muster. Rep. Jim Jordan (R-OH): The ultimate date of significance is January 6. This is how the process works. The ultimate arbiter here, the ultimate check and balance, is the United States Congress. And when something is done in an unconstitutional fashion, which happened in several of these states, we have a duty to step forward and have this debate and have this vote on the 6th of January. Former Acting Deputy Attorney General Richard Donoghue: So both the Acting Attorney General [Rosen] and I tried to explain to the President on this occasion, and on several other occasions that the Justice Department has a very important, very specific, but very limited role in these elections. States run their elections. We are not quality control for the states. We are obviously interested in and have a mission that relates to criminal conduct in relation to federal elections. We also have related civil rights responsibilities. So we do have an important role, but the bottom line was if a state ran their election in such a way that it was defective, that is to the state or Congress to correct. It is not for the Justice Department to step in. And I certainly understood the President, as a layman, not understanding why the Justice Department didn't have at least a civil role to step in and bring suit on behalf of the American people. We tried to explain that to him. The American people do not constitute the client for the United States Justice Department. The one and only client of the United States Justice Department is the United States government. And the United States government does not have standing, as we were repeatedly told by our internal teams. Office of Legal Counsel, led by Steve Engel, as well as the Office of the Solicitor General researched it and gave us thorough clear opinions that we simply did not have standing and we tried to explain that to the President on numerous occasions. Rep. Adam Kinzinger (R-IL): Let's take a look at another one of your notes. You also noted that Mr. Rosen said to Mr. Trump, quote, "DOJ can't and won't snap its fingers and change the outcome of the election." How did the President respond to that, sir? Former Acting Deputy Attorney General Richard Donoghue: He responded very quickly and said, essentially, that's not what I'm asking you to do. What I'm just asking you to do is just say it was corrupt and leave the rest to me and the Republican Congressmen. Former Acting Deputy Attorney General Richard Donoghue: There were isolated instances of fraud. None of them came close to calling into question the outcome of the election in any individual State. January 6 Committee Lawyer: And was representative Gaetz requesting a pardon? Eric Herschmann: Believe so. The general tone was, we may get prosecuted because we were defensive of, you know, the President's positions on these things. A pardon that he was discussing, requesting, was as broad as you could describe, from the beginning of time up until today, for any and all things. He had mentioned Nixon and I said Nixon's pardon was never nearly that broad. January 6 Committee Lawyer: And are you aware of any members of Congress seeking pardons? Cassidy Hutchinson: I guess Mr. Gaetz and Mr. Brooks, I know, both advocated for, there to be a blanket pardon for members involved in that meeting and a handful of other members that weren't at the December 21 meeting as the preemptive pardons. Mr. Gaetz was personally pushing for a pardon and he was doing so since early December. I'm not sure why. Mr. Gaetz had reached out to me to ask if he could have a meeting with Mr. Meadows about receiving a Presidential pardon. January 6 Committee Lawyer: Did they all contact you? Cassidy Hutchinson: Not all of them, but several of them did. January 6 Committee Lawyer: So you'd be mentioned Mr. Gaetz and Mr. Brooks. Cassidy Hutchinson: Mr. Biggs did. Mr. Jordan talks about congressional pardons but he never asked me for one. It was more for an update on whether the White House is going to pardon members of Congress. Mr. Gohmert asked for one as well. Mr. Perry asked for a pardon too, I'm sorry. January 6 Committee Lawyer: Mr. Perry, did he talk to you directly? Cassidy Hutchinson: Yes, he did. Rep. Adam Kinzinger (R-IL): Mr. Clark was the acting head of the Civil Division and head of Environmental and Natural Resources Division at the Department of Justice. Do either of those divisions have any role whatsoever in investigating election fraud, sir? Former Acting Attorney General Jeffrey Rosen: No. And and to my awareness, Jeff Clark had had no prior involvement of any kind with regard to the work that the department was doing. Rep. Adam Kinzinger (R-IL): Is there a policy that governs who can have contact directly with the White House? Former Acting Attorney General Jeffrey Rosen: Yes. So across many administrations for a long period of time, there's a policy that particularly with regard to criminal investigations restricts at both the White House and the Justice Department and those more sensitive issues to the highest ranks. So for criminal matters, the policy for a long time has been that only the Attorney General and the Deputy Attorney General from the DOJ side can have conversations about criminal matters with the White House, or the Attorney General and the Deputy Attorney General can authorize someone for a specific item with their permission. But the idea is to make sure that the top rung of the Justice Department knows about it, and is in the thing to control it and make sure only appropriate things are done. Steven Engel: The purpose of these these policies is to keep these communications as infrequent, and at the highest levels as possible, just to make sure that people who are less careful about it who don't really understand these implications, such as Mr. Clark, don't run afoul of those contact policies. Former Acting Attorney General Jeffrey Rosen: He acknowledged that shortly before Christmas, he had gone to a meeting in the Oval Office with the President. That, of course, surprised me. And I asked him, How did that happen? And he was defensive, he said it had been unplanned, that he had been talking to someone he referred to as "General Perry," but I believe is Congressman Perry, and that, unbeknownst to him, he was asked to go to a meeting and he didn't know it, but it turned out it was at the Oval -- he found himself at the Oval Office. And he was apologetic for that. And I said, Well, you didn't tell me about it. It wasn't authorized. And you didn't even tell me after the fact. You know, this is not not appropriate. But he was contrite and said it had been inadvertent and it would not happen again and that if anyone asked him to go to such a meeting, he would notify [Former Acting Deputy Attorney General] Rich Donohue and me. Rep. Adam Kinzinger (R-IL): On the same day Acting Attorney General Rosen told Mr. Clark to stop talking to the White House, Representative Perry was urging Chief of Staff Mark Meadows to elevate Clark within the Department of Justice. You can now see on the screen behind me a series of tasks between representative Perry and Mr. Meadows. They show that Representative Perry requested that Mr. Clark be elevated within the department. Representative Perry tells Mr. Meadows on December 26, that quote, "Mark, just checking in as time continues to count down, 11 days to January 6 and 25 days to inauguration. We've got to get going!" Representative Perry followed up and says quote, "Mark, you should call Jeff. I just got off the phone with him and he explained to me why the principal deputy won't work especially with the FBI. They will view it as not having the authority to enforce what needs to be done." Mr. Meadows responds with "I got it. I think I understand. Let me work on the deputy position." Rep. Liz Cheney (R-WY): Mr. Donohue on December 28, Mr. Clark emailed you and Mr. Rosen a draft letter that he wanted you to sign and send to Georgia State officials. This letter claims that the US Department of Justice's investigations have quote, "identified significant concerns that may have impacted the outcome of the election in multiple States, including the state of Georgia." The letter also said this: quote, "in light of these developments, the Department recommends that the Georgia General Assembly should convene in special session," end quote, and consider approving a new slate of electors. Steven Engel: The States had chosen their electors, the electors had been certified, they'd cast their votes, they had been sent to Washington DC. Neither Georgia nor any of the other States on December 28, or whenever this was, was in a position to change those votes. Essentially, the election had happened. The only thing that hadn't happened was the formal counting of the votes. Former Acting Deputy Attorney General Richard Donoghue: I had to read both the email and the attached letter twice to make sure I really understood what he was proposing because it was so extreme to me, I had a hard time getting my head around it initially. But I read it and I did understand it for what he intended and I had to sit down and sort of compose what I thought was an appropriate response. In my response, I explained a number of reasons this is not the Department's role to suggest or dictate to State legislatures how they should select their electors. But more importantly, this was not based on fact, that this was actually contrary to the facts, as developed by Department investigations over the last several weeks and months. So I responded to that. And for the Department to insert itself into the political process's way, I think would have had grave consequences for the country. It may very well have spiraled us into a Constitutional crisis. And I wanted to make sure that he understood the gravity of the situation because he didn't seem to really appreciate it. Rep. Adam Kinzinger (R-IL): President Trump rushed back early from Mar-a-Lago on December 31, and called an emergency meeting with the Department's leadership. Mr. Donohue, during this meeting, did the President tell you that he would remove you and Mr. Rosen because you weren't declaring there was election fraud? Former Acting Deputy Attorney General Richard Donoghue: Toward the end of the meeting, the President, again was getting very agitated. And he said, "People tell me I should just get rid of both of you. I should just remove you and make a change in the leadership, put Jeff Clark and maybe something will finally get done." Rep. Adam Kinzinger (R-IL): Mr. Rosen during a January 2 meeting with Mr. Clark, did you confront him again about his contact with the President? And if so, can you describe that? Former Acting Attorney General Jeffrey Rosen: We had -- it was a contentious meeting where we were chastising him that he was insubordinate, he was out of line, he had not honored his own representations of what he would do. And he raised again, that he thought that letter should go out. And we were not receptive to that. Rep. Adam Kinzinger (R-IL): So in that meeting, did Mr. Clark say he would turn down the President's offer if you reversed your position and sign the letter? Former Acting Attorney General Jeffrey Rosen: Yes. Subsequently, he told me that on the on Sunday the 3rd. He told me that the timeline had moved up, and that the President had offered him the job and that he was accepting it. Rep. Adam Kinzinger (R-IL): White House Call Logs obtained by the Committee show that by 4:19pm, on January 3, the White House had already begun referring to Mr. Clark as the Acting Attorney General. Let's ask about that, what was your reaction to that? Former Acting Attorney General Jeffrey Rosen: Well, you know, on the one hand, I wasn't going to accept being fired by my subordinate. So I wanted to talk to the President directly. Former Acting Deputy Attorney General Richard Donoghue: So the four of us knew, but no one else, aside from Jeff Clark of course, knew what was going on until late that Sunday afternoon. We chose to keep a close hold, because we didn't want to create concern or panic in the Justice Department leadership. But at this point, I asked the Acting AG [Rosen], what else can I do to help prepare for this meeting in the Oval Office, and he said, You and Pat [Cipollone] should get the Assistant Attorney Generals on the phone, and it's time to let them know what's going on. Let's find out what they may do if there's a change in leadership, because that will help inform the conversation at the Oval Office. We got most, not all, but most of the AAGs on the phone. We very quickly explained to them what the situation was. [They] essentially said they would leave, they would resign en mass if the President made that change in the department leadership. Rep. Adam Kinzinger (R-IL): DOJ leadership arrived at the White House. Former Acting Deputy Attorney General Richard Donoghue: The conversation this point was really about whether the President should remove Jeff Rosen and replace him with Jeff Clark. And everyone in the room, I think, understood that that meant that letter would go out. And at some point, the conversation turned to whether Jeff Clark was even qualified, competent to run the Justice Department, which in my mind, he clearly was not. And it was a heated conversation. I thought it was useful to point out to the President that Jeff Clark simply didn't have the skills, the ability and the experience to run the Department. And so I said, "Mr. President, you're talking about putting a man in that seat who has never tried a criminal case, who's never conducted a criminal investigation, he's telling you that he's going to take charge of the department, 115,000 employees, including the entire FBI, and turn the place on a dime and conduct nationwide criminal investigations that will produce results in a matter of days. It's impossible. It's absurd. It's not going to happen, and it's going to fail. He has never been in front of a trial jury, a grand jury. He's never even been to Chris Wray's office." I said at one point, "if you walked into Chris Wray's office, one, would you know how to get there and, two, if you got there, would he even know who you are? And you really think that the FBI is going to suddenly start following you orders? It's not going to happen. He's not competent." And that's the point at which Mr. Clark tried to defend himself by saying, "Well, I've been involved in very significant civil and environmental litigation. I've argued many appeals and appellate courts and things of that nature." And then I pointed out that, yes, he was an environmental lawyer, and I didn't think that was appropriate background to be running in the United States Justice Department. Rep. Adam Kinzinger (R-IL): Did anybody in there support Mr. Clark? Former Acting Deputy Attorney General Richard Donoghue: No one. Along those lines, he [former President Trump] said, "so suppose I do this, suppose I replace him, Jeff Rosen, with him, Jeff Clark, what would you do?" And I said, "Mr. President, I would resign immediately. I'm not working one minute for this guy [Clark], who I just declared was completely incompetent." And so the President immediately turned to to Mr. Engel. Steven Engel: My recollection is that when the President turned to me and said, "Steve, you wouldn't leave, would you?" I said, "Mr. President, I've been with you through four Attorneys General, including two Acting Attorneys General, but I couldn't be part of this." Former Acting Deputy Attorney General Richard Donoghue: And I said, and we're not the only ones. No one cares if we resign. If Steve and I go, that's fine, it doesn't matter. But I'm telling you what's going to happen. You're gonna lose your entire Department leadership, every single AAG will walk out on you. Your entire Department of leadership will walk out within hours." And I said, "Mr. President, within 24...48...72 hours, you could have hundreds and hundreds of resignations of the leadership of your entire Justice Department because of your actions. What's that going to say about you?" Former Acting Deputy Attorney General Richard Donoghue: And then the other thing that I said was that, you know, look, all anyone is going to sort of think about when they see this...no one is going to read this letter....all anyone is going to think is that you went through two Attorneys General in two weeks until you found the environmental guy to sign this thing. And so the story is not going to be that the Department of Justice has found massive corruption that would have changed results of the election. It's going to be the disaster of Jeff Clark. I think at that point Pat Cipollone said, "Yeah, this is a murder suicide pact, this letter." Rep. Adam Kinzinger (R-IL): Mr. Cipollone, the White House Counsel, told the Committee that Mr. Engels response had a noticeable impact on the President, that this was a turning point in the conversation. Mr. Donohue, towards the end of this meeting, did the President asked you what was going to happen to Mr. Clark? Former Acting Deputy Attorney General Richard Donoghue: He did. When we finally got to, I'd say, the last 15 minutes of the meeting, the President's decision was apparent, he announced it. Jeff Clark tried to scrape his way back and asked the President to reconsider. The President double down said "No, I've made my decision. That's it. We're not going to do it." And then he turned to me and said, "so what happens to him now?" Meaning Mr. Clark. He understood that Mr. Clark reported to me. And I didn't initially understand the question. I said, "Mr. President?" and he said, "Are you going to fire him?" And I said, "I don't have the authority to fire him. He's the Senate confirmed Assistant Attorney General." And he said, "Well, who has the authority to fire him?" And I said, "Only you do, sir." And he said, "Well, I'm not going to fire him." I said, "Alright, well, then we should all go back to work." 06/21/22 Select Committee Hearing June 21, 2022 House Select Committee to Investigate the January 6th Attack on the United States Capitol Witnesses: Rusty Bowers, Arizona House Speaker Brad Raffensperger, Georgia Secretary of State Gabriel Sterling, Georgia Secretary of State Chief Operating Officer Wandrea ArShaye, “Shaye” Moss, former Georgia election worker Ronna Romney McDaniel, RNC Chair Justin Clark, former Trump Campaign lawyer Robert Sinners, former Trump campaign staffer Andrew Hitt, Former Wisconsin Republican Party Chair Laura Cox, Former Michigan Republican Party Chair Josh Roselman, Investigative Counsel for the J6 Committee John Eastman, Former Trump Lawyer Mike Shirkey, Majority Leader of the Michigan Senate Angela McCallum, Trump Campaign caller Rudy Giuliani Clips Josh Roselman: My name is Josh Roselman, I'm an Investigative Counsel for the House Select Committee to investigate the January 6 attack on the United States Capitol. Beginning in late November 2020. The President and his lawyers started appearing before state legislators, urging them to give their electoral votes to Trump, even though he lost the popular vote. This was a strategy with both practical and legal elements. The Select Committee has obtained an email from just two days after the election, in which a Trump campaign lawyer named Cleata Mitchell asked another Trump lawyer, John Eastman, to write a memo justifying the idea. Eastman prepared a memo attempting to justify this strategy, which was circulated to the Trump White House, Rudy Giuliani's legal team, and state legislators around the country and he appeared before the Georgia State Legislature to advocate for it publicly. John Eastman: You could also do what the Florida Legislature was prepared to do, which is to adopt a slate of electors yourself. And when you add in the mix of the significant statistical anomalies in sworn affidavits and video evidence of outright election fraud, I don't think it's just your authority to do that, but quite frankly, I think you have a duty to do that to protect the integrity of the election here in Georgia. Josh Roselman: But Republican officials in several states released public statements recognizing that President Trump's proposal was unlawful. For instance, Georgia Governor Brian Kemp called the proposal unconstitutional, while Arizona House Speaker Rusty Bowers wrote that the idea would undermine the rule of law. The pressure campaign to get state legislators to go along with this scheme intensified when President Trump invited delegations from Michigan and Pennsylvania to the White House. January 6 Committee Lawyer: Either you or speaker Chatfield, did you make the point to the President, that you were not going to do anything that violated Michigan law? Mike Shirkey: I believe we did. Whether or not it was those exact words or not, I think the words that I would have more likely used is, "we are going to follow the law." Josh Roselman: Nevertheless, the pressure continued. The next day President Trump tweeted quote, "hopefully the Courts and/or Legislatures will have the COURAGE to do what has to be done to maintain the integrity of our Elections, and the United States of America itself. THE WORLD IS WATCHING!!!!" He posted multiple messages on Facebook, listing the contact information for state officials and urging his supporters to contact them to quote "demand a vote on decertification." These efforts also involves targeted outreach to state legislators from President Trump's lawyers and from Trump himself. Angela McCallum: Hi, my name is Angela McCallum, I'm calling from Trump campaign headquarters in Washington DC. You do have the power to reclaim your authority and send us a slate of Electors that will support President Trump and Vice President Pence. Josh Roselman: Another legislator, Pennsylvania House Speaker Brian Cutler, received daily voicemails from Trump's lawyers in the last week of November. Cutler felt that the outreach was inappropriate and asked his lawyers to tell Rudy Giuliani to stop calling, but Giuliani continued to reach out. Rudy Giuliani: I understand that you don't want to talk to me now. I just want to bring some facts to your attention and talk to you as a fellow Republican. Josh Roselman: These ads were another element in the effort. The Trump campaign spent millions of dollars running ads online and on television. Commercial Announcer: The evidence is overwhelming. Call your governor and legislators demand they inspect the machines and hear the evidence. Fake electors scheme Casey Lucier: My name is Casey Lucier. I'm an Investigative Counsel for the House Select Committee to Investigate the January 6 Attack on the United States Capitol. On November 18, a lawyer working with the Trump campaign named Kenneth Chesebro wrote a memo arguing that the Trump campaign should organize its own electors in the swing states that President Trump had lost. The Select Committee received testimony that those close to President Trump began planning to organize fake electors for Trump in states that Biden won in the weeks after the election. At the President's direct request, the RNC assisted the campaign in coordinating this effort. January 6 Committee Lawyer: What did the President say when he called you? Ronna Romney McDaniel: Essentially, he turned the call over to Mr. Eastman, who then proceeded to talk about the importance of the RNC helping the campaign gather these contingent electors in case any of the legal challenges that were ongoing change the result of any dates, I think more just helping them reach out and assemble them. But the My understanding is the campaign did take the lead, and we just were helping them in that in that role. Casey Lucier: As President Trump and his supporters continued to lose lawsuits, some campaign lawyers became convinced that convening electors in states that Trump lost was no longer appropriate. Justin Clark: I just remember I either replied or called somebody saying, unless we have litigation pending this, like in the states, like, I don't think this is appropriate, or no, this isn't the right thing to do. I'm out. Matt Morgan: At that point, I had Josh Findlay email Mr. Chesebro, politely, to say, "This is your task. You are responsible for the Electoral College issues moving forward". And this was my way of taking that responsibility to zero. Casey Lucier: The Committee learned the White House Counsel's Office also felt the plan was potentially illegal. January 6 Committee Lawyer: And so to be clear, did you hear the White House Counsel's office saying that this plan to have alternate electors meet and cast votes for Donald Trump in states that he had lost was not legally sound? Cassidy Hutchinson: Yes, sir. Casey Lucier: The Select Committee interviewed several of the individual fake electors, as well as Trump campaign staff who helped organize the effort. Robert Sinners: We were just, you know, kind of useful idiots or rubes at that point. You know, a strong part of me really feels that it's just kind of as the road continued, and as that was failure, failure, failure that that got formulated as what do we have on the table? Let's just do it. January 6 Committee Lawyer: And now after what we've told you today about the Select Committee's investigation about the conclusion of the professional lawyers on the campaign staff, Justin Clark, Matt Morgan and Josh Findlay, about their unwillingness to participate in the convening of these electors, how does that contribute to your understanding of these issues? Robert Sinners: I'm angry, I'm angry. Because I think in a sense, you know, no one really cared if people were potentially putting themselves in jeopardy. January 6 Committee Lawyer: Would you have not wanted to participate in this any further, as well? Robert Sinners: I absolutely would not have had I know that the three main lawyers for the campaign that I've spoken to in the past, and were leading up, we're not on board. Yeah. Andrew Hitt: I was told that these would only count if a court ruled in our favor. So that would have been using our electors. Well, it would have been using our electors in ways that we weren't told about and we wouldn't have supported. Casey Lucier: Documents obtained by the Select Committee indicate that instructions were given to the electors in several states that they needed to cast their ballots in complete secrecy. Because the scheme involved fake electors, those participating in certain states had no way to comply with state election laws, like where the electors were supposed to meet. One group of fake electors even considered hiding overnight to ensure that they could access the State Capitol, as required in Michigan. January 6 Committee Lawyer: Did Mr. Norton say who he was working with at all on this effort to have electors meet? Laura Cox: He said he was working with the President's campaign. He told me that the Michigan Republican electors were planning to meet in the Capitol and hide overnight so that they could fulfill the role of casting their vote per law in the Michigan chambers and I told him in no uncertain terms that that was insane and inappropriate. Casey Lucier: In one state, the fake electors even asked for a promise that the campaign would pay their legal fees if they got sued or charged with a crime. Ultimately, fake electors did meet on December 14, 2020 in Arizona, Georgia, Michigan, Pennsylvania, New Mexico, Nevada and Wisconsin. At the request of the Trump campaign, the electors from these battleground states signed documents falsely asserting that they were the quote, "duly elected" electors from their state and submitted them to the National Archives and to Vice President Pence in his capacity as President of the Senate. In an email produced to the Select Committee, Dr. Eastman told the Trump campaign representative that it did not matter that the electors had not been approved by a state authority. Quote, "the fact that we have multiple slates of electors demonstrates the uncertainty of either. That should be enough." He urged that Pence "act boldly and be challenged." Documents produced to the Select Committee show that the Trump campaign took steps to ensure that the physical copies of the fake electors' electoral votes from two states were delivered to Washington for January 6. Text messages exchanged between Republican Party officials in Wisconsin show that on January 4, the Trump campaign asked for someone to fly their fake electors' documents to Washington. A staffer for Wisconsin Senator Ron Johnson texted a staffer for Vice President Pence just minutes before the beginning of the Joint Session. This staffer stated that Senator Johnson wished to hand deliver to the Vice President the fake electors' votes from Michigan and Wisconsin. The Vice President's aide unambiguously instructed them not to deliver the fake votes to the Vice President. Even though the fake elector slates were transmitted to Congress and the Executive Branch, the Vice President held firm and his position that his role was to count lawfully submitted electoral votes. Rep. Bennie Thompson (D-MS): Brad Raffensperger is the 29th Secretary of State of Georgia, serving in this role since 2019. As an elected official, and a Republican Secretary, Raffensperger is responsible for supervising elections in Georgia and maintaining the state's public records. Rep. Bennie Thompson (D-MS): Speaker Bowers, thank you for being with us today. You're the speaker of the Arizona House and a self-described conservative Republican. You campaigned for President Trump and with him during the 2020 election. Is it fair to say that you wanted Donald Trump to win a second term in office? Please? Rusty Bowers: Yes, sir. Thank you. Rep. Bennie Thompson (D-MS): And is it your understanding that President Biden was the winner of the popular vote in Arizona in 2020? Rusty Bowers: Yes, sir. Rep. Adam Schiff (D-CA): Before we begin with the questions that I had prepared for you, I want to ask you about a statement that former President Trump issued, which I received just prior to the hearing. Former President Trump begins by calling you a RINO, Republican in Name Only. He then references a conversation in November 2020, in which he claims that you told him that the election was rigged, and that he had won Arizona. To quote the former President, "during the conversation, he told me the election was rigged and that I won Arizona," unquote. Is that false? Rusty Bowers: Anywhere, anyone, anytime that has said that I said the election was rigged, that would not be true. Rep. Adam Schiff (D-CA): And when the former President, in his statement today, claimed that you told him that he won Arizona, is that also false? Rusty Bowers: That is also false. Rep. Adam Schiff (D-CA): Mr. Bowers, I understand that after the election, you received a phone call from President Trump and Rudy Giuliani, in which they discussed the result of the presidential election in Arizona. If you would, tell us about that call. Rusty Bowers: Mr. Giuliani came on first. And niceties...then Mr. Trump, President Trump, then-President Trump came on. Rep. Adam Schiff (D-CA): During the conversation did you ask Mr. Giuliani for proof of these allegations of fraud that he was making? Rusty Bowers: On multiple occasions, yes. Rep. Adam Schiff (D-CA): And when you asked him for evidence of this fraud, what did he say? Rusty Bowers: He said that they did have proof. And I asked him, "Do you have names?" [He said] for example, we have 200,000 illegal immigrants, some large number, five or six thousand, dead people, etc. And I said, "Do you have their names?" Yes. "Will you give them to me?" Yes. The President interrupted and said, "Give the man what he needs Rudy." He said, "I will." And that happened on at least two occasions, that interchange in the conversation. Rep. Adam Schiff (D-CA): Did you ever receive from him that evidence either during the call, after the call, or to this day? Rusty Bowers: Never. Rep. Adam Schiff (D-CA): What was the ask during this call? Rusty Bowers: The ones I remember, were first, that we would hold -- that I would allow an official committee at at the Capitol so that they could hear this evidence, and that we could take action thereafter. I said, "to what end? To what end the hearing." He said, well, we have heard by an official high up in the Republican legislature that there is a legal theory or a legal ability in Arizona, that you can remove the the electors of President Biden and replace them. And we would like to have the legitimate opportunity, through the committee, to come to that end and and remove that. And I said that's, that's something that's totally new to me. I've never heard of any such thing. And I would never do anything of such magnitude without deep consultation with qualified attorneys. And I said, I've got some good attorneys, and I'm going to give you their names. But you're asking me to do something against my oath and I will not break my oath. Rep. Adam Schiff (D-CA): Did you also receive a call from US Representative Andy Biggs of Arizona on the morning of January 6? Rusty Bowers: I did. Rep. Adam Schiff (D-CA): And what did Mr. Biggs asked you to do? Rusty Bowers: I believe that was the day that the vote was occurring in each state to have certification or to declare the certification of the electors. And he asked if I would sign on both to a letter that had been sent from my State, and/or that I would support the decertification of the electors. And I said I would not. Rep. Adam Schiff (D-CA): Speaking Bowers, did the President call you again later in December? Rusty Bowers: He did, sir. Rep. Adam Schiff (D-CA): Did you tell the president in that second call that you supported him, that you voted for him, but that you are not going to do anything illegal for him? Rusty Bowers: I did, sir. Rep. Adam Schiff (D-CA): Nevertheless, his lawyer John Eastman called you some days later, and what did Dr. Eastman want you to do? Rusty Bowers: That we would, in fact, take a vote to overthrow -- or I shouldn't say overthrow -- that we would decertify the electors, and that we had plenary authority to do so. But I said, "What would you have me do?" And he said, "Just do it and let the court sorted out." And I said, "You're asking me to do something that's never been done in history, the history of the United States. And I'm going to put my state through that without sufficient proof? And that's going to be good enough with me? That I would, I would put us through that, my state that I swore to uphold, both in Constitution and in law? No, sir." Rep. Adam Schiff (D-CA): I want to look even more deeply at the fake electoral scheme. Every four years, citizens from all over the United States go to the polls to elect the President. Under our Constitution, when we cast our votes for president, we are actually voting to send electors pledged to our preferred candidate to the Electoral College. In December, the electors in each state meet, cast their votes, and send those votes to Washington. There was only one legitimate slate of electors from each state. On the Sixth day of January, Congress meets in a joint session to count those votes, and the winner of the Electoral College vote becomes the president. Rep. Bennie Thompson (D-MS): Secretary Raffensburger, thank you for being here today. You've been a public servant in Georgia since 2015, serving first as a member of the Georgia House of Representatives, and then since January 2019, as Georgia Secretary of State as a self described conservative Republican. Is it fair to say that you wanted President Trump to win the 2020 election? Brad Raffensperger: Yes, it is. Rep. Adam Schiff (D-CA): Secretary Raffensperger, did Joe Biden win the 2020 presidential election in Georgia and by what margin? Brad Raffensperger: President Biden carried the state of Georgia by approximately 12,000 votes. Rep. Adam Schiff (D-CA): Bear in mind as we discuss this call today that by this point in time, early January, the election in Georgia had already been certified. But perhaps more important, the President of the United States had already been told repeatedly by his own top Justice Department officials that the claims he was about to make to you about massive fraud in Georgia were completely false. 06/16/22 Select Committee Hearing June 16, 2022 House Select Committee to Investigate the January 6th Attack on the United States Capitol Witnesses: Greg Jacob, Former Counsel to Vice President Mike Pence J. Michael Luttig, Retired judge for the U.S. Court of Appeals for the Fourth Circuit and informal advisor to Mike Pence Julie Radford, Former Chief of Staff for Ivanka Trump Eric Herschmann, Former White House Senior Advisor Nicholas Luna, Former Assistant to President Trump Gen. Keith Kellogg, Former National Security Advisor to VP Pence Clips 16:45 Rep. Bennie Thompson (D-MS): Greg Jacob was Counsel to Vice President Pence. He conducted a thorough analysis of the role of the Vice President in the Joint Session of Congress under the Constitution, the Electoral Count Act, and 230 years of historical practice. But he also has firsthand information about the attack on the Capitol because he lived through it. He was with the Vice President and his own life was in danger. 31:05 Rep. Liz Cheney (R-WY): Eastman was, at the time, a law professor at Chapman University Law School. He prepared a memo outlining the nonsensical theory that the Vice President could decide the outcome of the election at the Joint Session of Congress on January 6. 32:50 Rep. Liz Cheney (R-WY): Dr. Eastman himself admitted in an email that the fake electors had no legal weight. Referring to the fake electors as, quote "dead on arrival in Congress" end quote, because they did not have a certification from their States. 46:40 Greg Jacob: We had a constitutional crisis in 1876 because in that year, multiple slates of electors were certified by multiple slates [sic]. And when it came time to count those votes, the antecedent question of "which ones?" had to be answered. That required the appointment of an independent commission. That commission had to resolve that question. And the purpose of the Electoral Count Act of 1887 had been to resolve those latent ambiguities. Now I'm in complete agreement with Judge Luttig. It is unambiguous that the Vice President does not have the authority to reject electors. There is no suggestion of any kind that it does. There is no mention of rejecting or objecting to electors anywhere in the 12th amendment. And so the notion that the Vice President could do that certainly is not in the text. But the problem that we had and that John Eastman raised in our discussions was, we had all seen that in Congress in 2000, in 2004, in 2016, there had been objections raised to various states. And those had even been debated in 2004. And so, here you have an Amendment that says nothing about objecting or rejecting. And yet we did have some recent practice of that happening within the terms of the Electoral Count Act. So we started with that. 1:20:45 Greg Jacob: He again tried to say, but I don't think the courts will get involved in this. They'll invoke the political question doctrine and so if the courts stay out of it, that will mean that we'll have the 10 days for the States to weigh in and resolve it. And then, you know, they'll send back the Trump slates of electors, and the people will be able to accept that. I expressed my vociferous disagreement with that point, I did not think that this was a political question. Among other things, if the courts did not step in to resolve this, there was nobody else to resolve it. You would be in a situation where you have a standoff between the President of the United States and, counterfactually, the Vice President of the United States saying that we've exercised authorities that, Constitutionally, we think we have by which we have deemed ourselves the winners of the election. You would have an opposed House and Senate disagreeing with that. You would have State legislatures that, to that point, I mean, Republican leaders across those legislatures had put together, had put out statements, and we collected these for the Vice President as well, that the people had spoken in their States and that they had no intention of reversing the outcome of the election. We did receive some signed letters that Mr. Eastman forwarded us by minorities of leaders in those States, but no State had any legislative house that indicated that added any interest in it. So you would have had just a an unprecedented Constitutional jump ball situation with that standoff. And as I expressed to him, that issue might well then have to be decided in the streets. Because if we can't work it out politically, we've already seen how charged up people are about this election. And so it would be a disastrous situation to be in. So I said, I think the courts will intervene. I do not see a commitment in the Constitution of the question, whether the Vice President has that authority to some other actor to resolve there. There's arguments about whether Congress and the Vice President jointly have a Constitutional commitment to generally decide electoral vote issues. I don't think that they have any authority to object or reject them. I don't see it in the 12th Amendment, but nonetheless. And I concluded by saying, "John, in light of everything that we've discussed, can't we just both agree that this is a terrible idea?" And he couldn't quite bring himself to say yes to that. But he very clearly said, "Well, yeah, I see we're not going to be able to persuade you to do this." And that was how the meeting concluded. Rep. Pete Aguilar (D-CA): We understand that the Vice President started his day on January 4 with a rally in Georgia for the Republican candidates in the US Senate runoff. When the Vice President returned to Washington, he was summoned to meet with the President regarding the upcoming Joint Session of Congress. Mr. Jacob, during that meeting between the President and the Vice President, what theories did Dr. Eastman present regarding the role of the Vice President in counting the electoral votes? Greg Jacob: During the meeting on January 4, Mr. Eastman was opining there were two legally viable arguments as to authorities that the Vice President could exercise two days later on January 6. One of them was that he could reject electoral votes outright. The other was that he could use his capacity as Presiding Officer to suspend the proceedings and declare essentially a 10-day recess during which States that he deemed to be disputed, there was a list of five to seven states, the exact number changed from conversation to conversation, but that the Vice President could sort of issue and demand to the State Legislatures in those States to re-examine the election and declare who had won each of those States. So he said that both of those were legally viable options. He said that he did not recommend, upon questioning, he did not recommend what he called the "more aggressive option," which was reject outright, because he thought that that would be less politically palatable. The imprimatur of State Legislature authority would be necessary to ultimately have public acceptance of an outcome in favor of President Trump. And so he advocated that the preferred course of action would be the procedural route of suspending the Joint Session and sending the election back to the States. And again, the Vice President's first instinct here is so decisive on this question, there's just no way that the framers of the Constitution who divided power and authority, who separated it out, who had broken away from George III, and declared him to be a tyrant, there was no way that they would have put in the hands of one person, the authority to determine who was going to be President of the United States. And then we went to history. We examined every single electoral vote count that had happened in Congress since the beginning of the country. And critically, no Vice President, in 230 years of history, had ever claimed to have that kind of authority, hadn't claimed authority to reject electoral votes, had not claimed authority to return electoral votes back to the States. In the entire history of the United States, not once had a Joint Session, ever returned electoral votes back to the States to be counted. So the history was absolutely decisive. And again, part of my discussion with Mr. Eastman was, if you were right, don't you think Al Gore might have liked to have known in 2000, that he had authority to just declare himself President of the United States? Did you think that the Democrat lawyers just didn't think of this very obvious quirk that he could use to do that? And of course, he acknowledged Al Gore did not and should not have had that authority at that point in time. So at the conclusion of the meeting on the 4th, the President had asked that our office meet with Mr. Eastman the next day to hear more about the positions he had expressed at that meeting, and the Vice President indicated that....offered me up as his counsel, to fulfill that duty. We had an extended discussion an hour and a half to two hours on January 5. What most surprised me about that meeting was that when Mr. Eastman came in, he said, "I'm here to request that you reject the electors." So on the 4th, that had been the path that he had said, "I'm not recommending that you do that." But on the 5th, he came in and expressly requested that. Rep. Pete Aguilar (D-CA): Mr. Jacob did you, Mr. Short, and the Vice President have a call later that day, again, with the President and Dr. Eastman? Greg Jacob: So, yes, we did. Rep. Pete Aguilar (D-CA): And what did Dr. Eastman requested on that call? Greg Jacob: On that phone call, Mr. Eastman stated that he had heard us loud and clear that morning, we were not going to be rejecting electors. But would we be open to considering the other course that we had discussed on the 4th, which would be to suspend the Joint Session and request that State Legislatures reexamine certification of the electoral votes? Rep. Pete Aguilar (D-CA): Trump issued a statement claiming the Vice President had agreed that he could determine the outcome of the election, despite the fact that the Vice President had consistently rejected that position. Mr. Jacob, how did the Vice President's team reacts to the stat

The results are in: The Democrats will keep the Senate, the Republican will take the House. In this episode, in preparation for the 118th Congress, Jen analyzes the detailed policy documents released by the House Republicans to see what they could reasonably accomplish, who their policies would help or hurt, and how they will likely wield their power in a politically divided Congress. 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/cd263-republicans-take-the-house Background Sources Recommended Congressional Dish Episodes CD258: Gain of Function Research CD256: Poisonous Pet Collars CD224: Social Media Censorship CD218: Minerals are the New Oil CD177: Immigrant Family Separations CD146: Repeal & Replace CD135: Education is Big Business (Every Student Succeeds Act) CD129: The Impeachment of John Koskinen The Southern Border David J. Bier. Sep 14, 2022. “Fentanyl Is Smuggled for U.S. Citizens By U.S. Citizens, Not Asylum Seekers.” Cato Institute. “Security Subcomittee.” May 2022. The Healthy Future Task Force. “House Republicans: We Must Secure the Southern Border.” Jul 2022. American Security Task Force. “Humanitarian crisis at the U.S. border.” American Federation of Teachers. Sean Altekruse et al. January 17, 2020. “Socioeconomic risk factors for fatal opioid overdoses in the United States: Findings from the Mortality Disparities in American Communities Study (MDAC).” PLOS One 15(1). Tiffany Stecker. Feb 20, 2019. “Border Barrier No One Wants Grows Without Money to Slow Spread.” Bloomberg Law. Censorship “Big Tech, Censorship, & Data Task Force.” Sep 2022. China “Why Taiwan Matters.” Sep 2022. China Task Force. Commitment to America Megan Loe. Oct 25, 2022. “Cuts to Social Security and Medicare detailed in viral image aren't part of House GOP plan.” Verify. “The Republican Commitment to America.” House Republicans. “Commitment to America One Pager.” House Republicans. “An Economy That's Strong.” Sep 20, 2022. House Republicans. “Sound Money, Fiscal Discipline, & Budget Enforcement.” Sep 2022. Jobs and the Economy Task Force. Energy and the Environment “Build Resilient Communities.” August 9, 2022. The Energy, Climate, & Conservation Task Force. Mining “Securing U.S. Supply Chains.” Sep 2022. The Energy, Climate, & Conservation Task Force. John Emeigh. Jun 2, 2022. “Water level in the Berkeley Pit remains unchanged after two years.” KXLF Butte. Betsy Smidinger. August 30, 2021. “Fifth Five-year Review Report for Silver Bow Creek/Butte Area Superfund Site Silver Bow and Deer Lodge Counties, Montana.” U.S. Environmental Protection Agency. “Silver Bow Creek/Butte Area, Butte, Montana: Cleanup Activities.” U.S. Environmental Protection Agency. Ryan DeMars. 2012. “Health Hazards from Mining in Butte, Montana.” Teach the Earth. “1955: The Open Pit Mine Era: The Berkeley Pit.” Clark Fork Watershed Education Program. Dams “Why aren't we looking at more hydropower?” Mar 2, 2021. MIT Climate Portal. Fossil Fuels “Beat China and Russia.” Jun 17, 2022. The Energy, Climate, & Conservation Task Force. “Unlock American Resources.” Jun 10, 2022. The Energy, Climate, & Conservation Task Force. Jeff Brady and Neela Banerjee. Jun 9, 2021. “Developer Abandons Keystone XL Pipeline Project, Ending Decade-Long Battle.” Gutting Environmental Law “Let America Build.” Jun 10, 2022. The Energy, Climate, & Conservation Task Force. Pesticides “Conservation with a Purpose.” Jul 15, 2022. The Energy, Climate, & Conservation Task Force. “Does glyphosate cause cancer?” Jul 8, 2021. Cancer Treatment Centers of America. Emily Dixon. Feb 15, 2019. “Common weed killer glyphosate increases cancer risk by 41%, study says.” CNN. Water “Why California Farmers Are Conflicted About Using Less Water.” May 11, 2015. NPR. Seth Siegel with Naty Barak. Jun 1, 2017. “How Drip Irrigation Can Change the World: Adoption is still low for a technology that saves water, reduces use of fertilizer and increases agricultural yield.” Real Assets Adviser 4(6). Healthcare “Security Subcommittee.” Aug 2022. The Healthy Future Task Force. “Affordability Subcommittee.” Jul 2022. The Healthy Future Task Force. “Doctor-Patient Relationship Subcommittee.” Jun 2022. The Healthy Future Task Force. “Subcommittee on Modernization.” Jun 2022. The Healthy Future Task Force. Financial Regulations “Securing U.S. Supply Chains.” Sep 2022. Jobs & the Economy Task Force. “Growth Through Innovation.” Sep 2022. Jobs & the Economy Task Force. “Beat China and Russia.” Jun 2022. The Energy, Climate, & Conservation Task Force. Parents Bill of Rights “Parents Bill of Rights Fact Sheet.” Committee on Education & Labor Republicans. “Republican Solutions for America's Education System.” Committee on Education & Labor Republicans. 2014 Government Funding 113th Congresss. “H.R.2775 - Continuing Appropriations Act.” 113th Congress. “Roll Call 550 | Bill Number: H. R. 2775.” Oct 16, 2013. Clerk of the U.S. House of Representatives. Workforce Education “Getting Americans Back to Work.” Jul 2022. Jobs & the Economy Task Force. Speak Out Act 117th Congress. “S.4524: Speak Out Act.” Emilie Shumway. Nov 16, 2022. “Congress passes bill voiding NDAs in cases of sexual assault, harassment; Biden expected to sign.” Legal Dive. Respect for Marriage Act 117th Congress. “H.R.8404: Respect for Marriage Act.” Annie Karni. Nov 16, 2022. “Same-Sex Marriage Rights Bill Clears a Crucial Senate Hurdle.” The New York Times. Maggie Astor. Nov 16, 2022. “Here Are the 12 Republicans Who Voted to Protect Same-Sex Marriage.” The New York Times. Al Weaver. Nov 16, 2022. “Senate votes to advance same-sex marriage bill.” The Hill. Soon-to-be Laws S.4524: Speak Out Act H.R.8404: Respect for Marriage Act Audio Sources House Republicans Unveil the Commitment to America Sep 23, 2022 Kevin McCarthy on YouTube Clips Rep. Jim Jordan (R-OH): They told us so many things that turned out not to be accurate. I mean, just think about it, they told us this thing didn't come from a lab. Sure looks like it did. But they want us to believe it was a bat to a penguin to Joe Rogan. And then we all got, it right? I'm just a country boy from Ohio. But I kind of think it probably came from a lab. I asked Dr. Burks a question three months ago in a hearing. I said Dr. Burks, when the Biden administration told us that the vaccinated couldn't get it, were they guessing or lying? Interesting. She paused and said, Well, Congressman, I like to think they hoped. I said, so it was a guess, a lie, or a hope. I'm not against the vaccine. I'm just saying that we're big boys and girls, we can handle the truth. Give us the facts. We are committed to doing the investigations that need to be done. Rep. Kevin McCarthy (R-CA): On our very first bill we're going to repeal 87,000 IRS agents. Rep. Kevin McCarthy (R-CA): We believe in fairness. We should ensure women only compete in women's sports. Rep. Steve Scalise (R-LA): We will have oversight hearings on what happened. Who was responsible for opening up America's southern border? How many have come in? How many are on the terrorist watch list that we know of, and when will we start doing something about it? In our commitment to America, we talk about securing America's border and holding them accountable. We will give Secretary Mayorkas a reserved parking spot, he will be testifying so much about this. So that's the kind of oversight we're going to be doing. U.S. House Session February 5, 2014 “Little fish” montage featuring Former Rep. Doc Hastings (R-WA), Former Rep. Devin Nunes (R-CA), and Rep. Kevin McCarthy (R-CA). U.S. House Session October 8, 2013 Rep. Pete Sessions (R-TX): I am very proud of not only what our Speaker is doing but of our majority leader, ERIC CANTOR, and our whip, KEVIN MC CARTHY. U.S. House Session October 1, 2013 Former Rep. Phil Gingrey (R-GA): In fact, House Republicans have passed three continuing resolutions, or temporary spending bills, to keep this government open and to either defund or to delay ObamaCare—which the majority of Americans support. They were against it 31⁄2 years ago; they are against it today; and they support what we are doing in the Republican House of Representatives. I praise and commend Speaker JOHN BOEHNER and the leadership of ERIC CANTOR and KEVIN MCCARTHY for the strength that they have had in regard to this and for being so inclusive for every single member of our caucus. 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)

As we wait for the final results of the midterm elections to determine which party will control the House, enjoy Jen's interview with C-SPAN Communications Director, Howard Mortman. Jen and Howard discuss all things C-SPAN, including what C-SPAN crews are and are not allowed to film and the network's funding sources and distribution, as well has Howard's podcast, the Weekly, and his book, When Rabbis Bless Congress. 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/cd262-inside-c-span-with-howard-mortman Executive Producer Recommended Sources Ecomodernist Society of North America CD261: Inflation Reduction Act CD258: Gain of Function Research Background Sources Howard Mortman Howard Mortman Bio C-SPAN's The Weekly Podcast Book: When Rabbis Bless Congress: The Great American Story of Jewish Prayers on Capitol Hill On Twitter @HowardMortman Jen on C-SPAN Washington Journal, August 9, 2019 Washington Journal, September 10, 2022 Alzheimer's Testimony Seth Rogan's and Charity “Alzheimer's Disease Research.” February 26, 2014. Senate Appropriations Subcommittee on Labor, Health, and Human Services. Hilarity for Charity (HFC) Origins of COVID-19 Katherine Eban and Jeff Kao. October 28, 2022. “COVID-19 Origins: Investigating a ‘Complex and Grave Situation' Inside a Wuhan Lab.” ProPublica. 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 Inflation Reduction Act is a new law designed to hasten the United States' energy transition (and do nothing about inflation). In the last episode before the midterm election, learn about the energy path the Democratic Party has plotted for us and learn how this new law can possibly save you tens of thousands of dollars. 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/cd261-inflation-reduction-act Jen Podcast Appearances EP 63 Honest Government Analyst Jennifer Briney talks Privilege, White House & Hotels. The Living Numbers Podcast with Tony Rambles. Disaster - Jennifer Briney. A Word with Tom Merritt. Background Sources Recommended Congressional Dish Episodes CD259: CHIPS: A State Subsidization of Industry CD250: Congress Saves the Postal Service CD246: BIF: Appalachian Chemical Storage CD240: BIF The Infrastructure BILL CD218: Minerals are the New Oil CD205: Nuclear Waste Storage CD146: Repeal & Replace CD048: The Affordable Care Act (Obamacare) Tax Credits and Refunds Home Energy Efficiency Tax Credits “Tax Credits for Energy Efficient Home Improvements.” eFile. Rocky Mengle. Sept 16, 2022. “Save More on Green Home Improvements Under the Inflation Reduction Act.” Kiplinger. “Federal Income Tax Credits and Other Incentives for Energy Efficiency.” Updated Aug 18, 2022. Energy Star. Electric Appliance Rebates “Quick Facts: United States.” U.S. Census Bureau. Electric Car Tax Credit 26 U.S. Code § 30D - Clean vehicle credit. Cornell Law School Legal Information Institute. Alternative Fuels Data Center. “Electric Vehicles with Final Assembly in North America.” U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy. Kelley R. Taylor. Oct 18, 2022. “EV Tax Credits Are Changing: What's Ahead.” Kiplinger. Greg Iacurci. Oct 15, 2022. “The 'bummer' of the $7,500 electric vehicle tax credit: Its full value may be hard to get.” CNBC. John Bozzella. Aug 5, 2022. “What If No EVs Qualify for the EV Tax Credit? It Could Happen.” Alliance for Automotive Innovation. John Bogna. Jun 22, 2022. “Hydrogen-Powered Cars: Fuel Cell Electric Vehicles Explained.” PCMag. U.S. Geological Survey. “Mineral Commodity Summaries 2021.” U.S. Department of the Interior. “OFAC Sanctioned Countries.” Princeton University Research & Project Administration. Alternative Fuel vehicle refueling property credit Kelley R. Taylor. Sept 14, 2022. “The Federal Tax Credit for Electric Vehicle Chargers is Back.” Kiplinger. 26 U.S. Code § 30C - Alternative fuel vehicle refueling property credit. Cornell Law School Legal Information Institute. Hydrogen Catherine Clifford. Sep 8, 2022. “The clean hydrogen energy economy was a dream. The climate bill could make it a reality this decade.” CNBC. Emma Ochu et al. Jun 17, 2021. “Hydrogen Fact Sheet: Production of Low-Carbon Hydrogen.” Columbia University School of International and Public Affairs, Center on Global Energy Policy. “Lisa Murkowski.” Open Secrets. Jay Bartlett and Alan Krupnick. December 2020. “Decarbonized Hydrogen in the US Power and Industrial Sectors: Identifying and Incentivizing Opportunities to Lower Emissions.” Resources for the Future. 24/7 Wall St. Feb 16, 2020. “How Many Gas Stations Are In U.S.? How Many Will There Be In 10 Years?” Market Watch. Health Care “The Inflation Reduction Act Lowers Health Care Costs for Millions of Americans.” Oct 5, 2022. Centers for Medicare & Medicaid Services. “Inflation Reduction Act: CMS Implementation Timeline.” 2022. Centers for Medicare & Medicaid Services. Carbon Capture Angela C. Jones and Ashley J. Lawson. Oct 5, 2022. “Carbon Capture and Sequestration (CCS) in the United States.” Congressional Research Service. Emily Pontecorvo. Aug 22, 2022. “Will the Inflation Reduction Act jumpstart carbon capture?” Grist. “Global Status of CCS 2021.” 2021. Global CCS Institute. “Carbon capture and storage could also impact air pollution.” Nov 17, 2011. European Environment Agency. Offshore Wind Leases Abby Husselbee and Hannah Oakes. Aug 25, 2022. “The IRA Offshore Energy Leasing Provisions' Potential Impacts.” Harvard University Environmental & Energy Law Program. “Memorandum on the Withdrawal of Certain Areas of the United States Outer Continental Shelf from Leasing Disposition.” Sept 8, 2020. The White House. Fossil Fuels David Jordan. Oct 6, 2022. “Interior moves forward with oil and gas drill site leasing.” Roll Call. “Inflation Reduction Act Fossil Fuel Provisions.” Aug 18, 2022. Enersection. 30 U.S. Code § 226 - Lease of oil and gas lands. Cornell Law School Legal Information Institute. The Associated Press. Apr 16, 2022. “Biden increases oil royalty rate and scales back lease sales on federal lands.” NPR. Taxes Kelley R. Taylor. Oct 10, 2022. “The Inflation Reduction Act and Taxes: What You Should Know.” Kiplinger. “Inflation Reduction Act includes 15% corporate minimum tax on book income.” August 16, 2022. EY. Jacob Bogage. Aug 12, 2022. “The new Wall Street tax key to Democrats' Inflation Reduction Act.” The Washington Post. Peter Warren. Aug 11, 2022. “‘Inflation Reduction Act' Holds the SALT.” Empire Center. “Lobbying: Intuit Inc.” Open Secrets. “CBO Cost Estimate: H.R. 1 - the Tax Cuts and Jobs Act.” November 13, 2017. Congressional Budget Office. The Law H.R.5376 - Inflation Reduction Act of 2022 “Summary: Estimated Budgetary Effects of H.R. 5376, the Inflation Reduction Act of 2022.” Revised August 5, 2022. Congressional Budget Office. Audio Sources Full Committee Hearing On Opportunities and Challenges in Deploying Innovative Battery and Non-Battery Technologies for Energy Storage September 22, 2022 Senate Committee on Energy and Natural Resources Witnesses: Tim Hemstreet, Managing Director for Renewable Energy Development, PacifiCorp Spencer Nelson, Managing Director, Research and New Initiatives, ClearPath Ted Wiley, President and Chief Operating Officer, Form Energy 19:19 Sen. Joe Manchin (D-WV): When it comes to storage, there has rightly been a focus on the supply chain, particularly for lithium ion batteries that power electric vehicles and phones in our pockets and many other modern technologies. While we have benefited from the use of this important battery chemistry, the fact that China is responsible for 75% of global lithium ion battery production, including 60% of the world's cathode production and 80% of the world's anode production, should give everyone pause. That is why I was proud to champion Inflation Reduction Act which incentivized the onshoring of the entire battery supply chain, from the production and processing of raw materials, to the battery pack assembly and everything in between. Full Committee Hearing On Domestic Critical Mineral Supply Chains March 31, 2022 Senate Committee on Energy and Natural Resources Witnesses: Dr. Steve Fortier, Director, USGS National Minerals Information Center, U.S. Department of the Interior Scott Melbye, President, Uranium Producers of America Julie Padilla, Chief Regulatory Officer, Twin Metals Minnesota Abigail Wulf, Vice President, Critical Minerals Strategy and Director of the Center for Critical Minerals Strategy, Securing America's Future Energy Dr. Paul Ziemkiewicz, Director, West Virginia Water Research Institute, West Virginia University 24:14 Sen. Joe Manchin (D-WV): It makes no sense to remain beholden to bad actors when we have abundant resources in manufacturing know-how here in the United States. And make no mistake, we are beholden, particularly when it comes to many of the minerals that go into clean energy technologies. That is why I've sounded the alarm about going down the path of EVs alone and advocated for equal treatment for hydrogen 45:08 Abigail Wulf: As things stand, without some significant course corrections on America's critical minerals enterprise, the leading automobile power won't be the United States. It will be China. Not because of superior design or technology, but because of their massive head start and established market power, if not utter dominance, in all aspects of the supply chain that powers these [electric] vehicles. But simply mining alone does not begin to address the fundamentals of America's mineral supply chain challenge. Where we are most lacking and where China is most dominant is in that crucial but largely hidden processing phase and midstream component production. We simply can't dig up a rock and stick it in a Tesla. You have to crush it, smelt it, and refine it into precursor material that has been sold to somebody else to turn it into battery guts, namely cathodes, anodes and electrolytes. Today, the United States has less than 4% of all minerals processing capacity and makes 0% of the world's cathodes and anodes. By contrast, China is the world's largest processor of copper, nickel, cobalt, lithium and rare earth elements, and they control 60% of anode production and 40% of global cathode production. Consider that in 2019, about 70% of the world's cobalt supply was mined in the Democratic Republic of Congo, but more than 70% of that cobalt was refined in or controlled by China. Full Committee Hearing On Clean Hydrogen February 2, 2022 Senate Committee on Energy and Natural Resources Witnesses Dr. Sunita Satyapal, Director, Hydrogen and Fuel Cell Technologies Office, Hydrogen Program Coordinator, U.S. Department of Energy Dr. Glen Richard Murrell, Executive Director, Wyoming Energy Authority Jonathan Lewis, Senior Counsel and Director of Transportation Decarbonization, Clean Air Task Force Michael J. Graff, Chairman & Chief Executive Officer, American Air Liquide Holdings, Inc. Brian Hlavinka, Vice President, New Energy Ventures, Corporate Strategic Development, Williams 21:07 Sen. Joe Manchin (D-WV): However, we have some challenges to tackle in order to build a clean hydrogen economy. Producing hydrogen without emissions is two to six times the cost of current production methods. Also, retrofitting end-use applications to use hydrogen as a feedstock, from chemical plants to cars and trucks, will take huge investments from both public and private sectors. This is the demand that we need to develop hydrogen markets that can sustain themselves. The other big challenge is the safe and efficient transport and storage of large volumes of hydrogen, given its physical properties. There's a lot of promising work being done in this space and will allow us to leverage our vast natural gas pipeline network to transport hydrogen to market. 22:00 Sen. Joe Manchin (D-WV): That is why I made research, development, and demonstration of these technologies a central part of the Energy Infrastructure Act, which this committee reported with bipartisan support last year, and which was subsequently included in the recently enacted Bipartisan Infrastructure Law. In that bill, we fund $9.5 billion in research, development and demonstration of clean hydrogen, and we tasked the Department of Energy to develop a national strategy and a roadmap to get us to a clean hydrogen economy. 27:25 Sen. James Lankford (R-OK): I'm concerned that the conversation around green versus blue hydrogen will pit technologies against each other rather than working together to establish a robust hydrogen marketplace. The simple truth right now is that 95% of hydrogen produced in the United States is made from natural gas. 1:42:00 Sen. Lisa Murkowski (R-AK): Can you share what the administration's policy is with regards to converting natural gas to hydrogen? We recognize that there are some within the [Biden] administration, certainly some groups that may have influence on the administration, who are very firm about not using fuel sources like natural gas. So the question is, is there a role for conversion to play? And what might we anticipate with regards to support and funding that might come with it? Dr. Sunita Satyapal: Thank you again for the question. And as mentioned, with hydrogen shot, we're really looking at all of the pathways. It's really about clean hydrogen. So whether it's natural gas, carbon feedstocks, nuclear renewables, you know, any pathway to get to the low carbon intensity, we're really pivoting away from the colors. There's a lot of complexity: green, blue, purple, turquoise….Pyrolysis is another approach. In fact, our loan program office just announced financing of $1 billion solid carbon, which is another value added product, no need for the CCS portion. So definitely an all-of-the-above strategy needed to meet all of our goals. Full Committee Hearing to Examine Development and Deployment of Large-Scale Carbon Dioxide Management Technologies July 28, 2020 Senate Committee on Energy and Natural Resources Witnesses: Steven Winberg, (Former) Assistant Secretary for Fossil Energy at the US Department of Energy Shannon Angielski, Executive Director of the Carbon Utilization Research Council Dr. Julio Friedmann, Center on Global Energy Policy, Columbia University 25:06 Dr. Julio Friedmann: Net zero means that any residual emissions must be balanced by removal, as Secretary Moniz said. It means that reduction of co2 emissions and removal of co2 emissions are complementary but distinct actions and that both are necessary. The National Academies and the IPCC find that this must be done at enormous scale exceeding the size of the global oil and gas industry today. We are not where we need to be to make this real. 48:35 Shannon Angielski: In addition, the International Energy Agency modelled the contributions of different technologies to meet that mid-century 2 degree scenario. And it shows that CCUS accounts for approximately 100 Giga tons of needed global co2 emissions reductions by 2060. To put this into perspective, this would be achieved by the operation of 1100 carbon capture systems on the equivalent of 500 megawatt coal fired units, or 3200 natural gas combined cycle units, which would need to be operating for the next 30 years. 1:59:00 Steven Winberg: The rest of the world is going to continue using fossil energy, whether it's coal or oil or natural gas. And that's why we have moved forward quickly on the coal first program, because it offers the opportunity for what I think of as 21st century coal. Right now the Chinese own the space in power generation — coal fired power generation. We have an opportunity to take technology and springboard over what the Chinese are building, which is basically 1970s vintage technology that we built, and they now have improved slightly, but they're selling it around the world, to countries that have coal under their feet, and they're going to continue using that coal. But with the coal first program, we can move into power generation, and we can move into hydrogen production, because these countries also, as they build out their transport sector, may not do it the same way that developed countries, they may move more swiftly into hydrogen. And so there's an opportunity there to take our technology using their natural resources that are under their feet, and produce zero emitting power generation and zero emitting hydrogen and perhaps even net negative hydrogen and net negative electricity and they can use that hydrogen in the transportation sector as well as the industrial sector. 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)

A new law, known as the CHIPS Act, provides over $50 billion to existing, profitable companies to fund new semiconductor production facilities in the United States. In this episode, we examine why Congress decided to gift these companies our tax money now and explore the geopolitical implications of this funding decision. Beyond semiconductors, the law provides further corporate welfare for the creation of things that many of us tax payers likely support. This law is complicated; let's get nuanced. 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://www.congressionaldish.com/cd259-chips-a-state-subsidization-of-industry Background Sources Recommended Congressional Dish Episodes CD230: Pacific Deterrence Initiative CD218: Minerals are the New Oil CD215: COVID-19 Testimony CD205: Nuclear Waste Storage CD187: Combating China CD186: National Endowment for Democracy CD128: Crisis in Puerto Rico Semiconductor Industry “Pass the CHIPS Act of 2022 Fact Sheet.” July 2022. Semiconductor Industry Association. “Global Semiconductor Incentives.” February 2022. Semiconductor Industry Association. “2021 State of the U.S. Semiconductor Industry.” September 2021. Semiconductor Industry Association. Taiwan Bansari Mayur Kamdar and Medha Singh. Aug 2, 2022. “Chip stocks slip as Taiwan tensions mount.” Reuters. Karen M. Sutter. Mar 7, 2022. “U.S.-Taiwan Trade Relations” [IF10256]. Congressional Research Service. Yimou Lee, Norihiko Shirouzu and David Lague. Dec 27, 2021. “T-DAY: The Battle for Taiwan.” Reuters. PRISM Program Derek B. Johnson. Aug 27, 2018. “Court case puts PRISM back in the spotlight.” FCW. Wealthy Shareholders Juliana Kaplan and Andy Kiersz. Oct 19, 2021. “The wealthiest Americans now own almost all of the stock market — 89% to be exact.” Insider. National Endowment for Democracy “Board of Directors.” National Endowment for Democracy. National Science Foundation Directorate Mitch Ambrose. Mar 17, 2022. “NSF Stands Up Directorate for Technology, Innovation, and Partnerships.” American Institute of Physics. “Chairwoman Johnson and Ranking Member Lucas Welcome NSF Director Panchanathan's Announcement of New Directorate Aligned with Bipartisan Committee Proposal.” Mar 17, 2022. House Committee on Science, Space, and Technology. Fusion Research “Nuclear Fission and Fusion.” Diffen. “Client Profile: Commonwealth Fusion Systems: Summary.” Open Secrets. “Client Profile: Commonwealth Fusion Systems: Lobbyists.” Open Secrets. “Barton Gordon: Partner. K&L Gates. American Exception Book Aaron Good. 2022. American Exception: Empire and the Deep State. Skyhorse Publishing. The Law H.R. 4346: CHIPS Act of 2022 / Research and Development, Competition, and Innovation Act / Supreme Court Security Funding Act of 2022 GovTrack Overview Congressional Budget Office: Estimated Budgetary Effects of H.R. 4346 Bills Later Added to the CHIPS Act S. 3740: Micro Act of 2022 The one hearing H.R. 4863: Partnerships for Energy Security and Innovation Act S. 1359: Partnerships for Energy Security and Innovation Act of 2021 Audio Sources President Biden on Taiwan Sept 18, 2022 60 Minutes Scott Pelley: What should Chinese President Xi know about your commitment to Taiwan? President Joe Biden: We agree with what we signed on to a long time ago, that there's a One China policy and Taiwan makes their own judgments about their independence. We are not moving, we're not encouraging their being independent. That's their decision. Scott Pelley: But would US forces defend the island? President Joe Biden: Yes, if in fact, there was an unprecedented attack. Scott Pelley: [overdub] After our interview, a White House official told us US policy has not changed. Officially, the US will not say whether American forces would defend Taiwan. But the Commander in Chief had a view of his own. [interview] So unlike Ukraine, to be clear, sir, US forces, US men and women would defend Taiwan in the event of a Chinese invasion? President Joe Biden: Yes. Senator Bernie Sanders' Senate Session Speech Jul 27, 2022 Jen's Highlighted PDF The Future of U.S. Policy on Taiwan Dec 8, 2021 Senate Committee on Foreign Affairs 30:45 Sen. James Risch (R-ID): A unilateral change in the status quo regarding Taiwan would not only threaten the security and liberty of 23 million Taiwanese, but also significantly damage vital US interests and alliances in the Indo Pacific. We would lose a model of democracy at a time of creeping authoritarianism. It would give China a platform in the first island chain to dominate the Western Pacific and threaten, indeed, US homeland. The consequences for Japan security, and therefore, the US-Japan alliance, are hard to overstate. Semiconductor supply chains would fall into China's hands, and it would emboldened China in other territorial disputes, including with India, and in the South China Sea. Fostering a New Era of Fusion Energy Research and Technology Development November 17, 2021 House Committee on Science, Space, and Technology, Subcommittee on Energy Witnesses: Dr. Troy Carter, Director, Plasma Science and Technology Institute, University of California, Los Angeles and Chair, Fusion Energy Sciences Advisory Committee Long Range Planning Subcommittee Dr. Tammy Ma, Program Element Leader for High Energy Density Science, Lawrence Livermore National Laboratory Dr. Robert Mumgaard, CEO, Commonwealth Fusion Systems Dr. Kathryn McCarthy, Director, U.S. ITER Project Office Dr. Steven Cowley, Director, Princeton Plasma Physics Laboratory Clips Robert Mumgaard: However, from where I sit, I see three reasons why I'm very optimistic the US can create a definitive lead in this new industry. First, the growth of the private sector. Over $2.4 billion in private capital has been invested in the fusion companies that now number nearly 30. This is a similar amount of capital as in all the nuclear fission small modular reactor companies. This is coming from a large range of investors across venture capitalists, to university endowments, to large energy companies. And they're putting capital at risk in fusion because they understand that the world needs a fundamentally new source of clean energy if we are going to meet our decarbonization goals. And these companies are highly ambitious, with a recent survey stating that 84% of them believe that fusion will be on the grid in the 2030s or earlier. Robert Mumgaard: We will proceed with the commercialization of our first fusion pilot plant called ARC. We hope to have that online in the early 2030s. Robert Mumgaard: The second reason I'm optimistic is that the public program has produced a consensus plan. Detailed in the National Academies and FESAC (Fusion Energy Sciences Advisory Committee) Recommendations is a transition of the public funded program towards the US developing commercial energy. We need to stop some activities and transition to others. But the researchers are enthusiastic and they are ready. We have a new generation of leaders at national laboratories and universities hungry to develop that technology. And that plan has been authorized but has not yet been implemented. Robert Mumgaard: And we're not alone. The other companies like TAE and General Fusion, Helion, Tokamak Energy, are looking at similar timeframes and experiencing similar growth. All these companies are looking to see which governments are going to be the best partners. And unfortunately, we are already seeing defections, with a major facility that could have been built in the US, instead being built in the UK. It'd be much better if the US public program leveraged the private sector, aligning with the technical goals and timelines to keep it happening here. Robert Mumgaard: The third reason I'm hopeful is the movement towards public private partnerships and we know that when the public and private sectors work together and recognize what each side is good at, we create vibrant ecosystems. We saw this in commercial space, with NASA and SpaceX. We saw it even more recently with the COVID-19 vaccine Supply Chain Integrity October 1, 2020 Senate Committee on Armed Services, Subcommittee on Readiness and Management Support Watch on CSPAN Witness: Ellen M. Lord, Under Secretary of Defense for Acquisition and Sustainment 1:22:10 Ellen Lord: I believe there may well be a lot of this, frankly: not continuing to engage with these Chinese companies on sensitive issues, but in turn, developing industrial bases here that makes us not reliant on that back and forth. There's quite a bit of discussion within the inner agency right now about constraining Chinese involvement from everything from investments to specific commodities. But again, I think one of the areas where we could have the most impact on China broadly, is reshoring microelectronics. And right now, my team is working very closely across DOD, as well as the inner agency to come up with a very specific recommendation for some public-private partnerships in order to develop the capability here domestically. We at DOD are only about 1% of the overall microelectronics market, however, we have some critical needs. Attorney General Barr's Remarks on China Policy at the Gerald R. Ford Presidential Museum July 16, 2020 15:20 Attorney General Bill Barr: “Made in China 2025” is the latest iteration of the PRC's state-led, mercantilist economic model. For American companies in the global marketplace, free and fair competition with China has long been a fantasy. To tilt the playing field to its advantage, China's communist government has perfected a wide array of predatory and often unlawful tactics: currency manipulation, tariffs, quotas, state-led strategic investment and acquisitions, theft and forced transfer of intellectual property, state subsidies, dumping, cyberattacks, and industrial espionage. 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)

Seresto Flea and Tick Collars for dogs and cats have been sold to Americans since 2013. During that time, the EPA has received approximately 100,000 reports of illnesses and 2,500 reports of deaths of animals that wore a Seresto Flea and Tick collar, by far the most reports received about any flea and tick treatment on the market. In this episode, hear testimony from scientists about the Environmental Protection Agency's disturbingly lax review processes for pesticides in pet products and learn why your vote in November is likely to determine if these popular but dangerous products will stay on American shelves. 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! Listen to the latest episode of Jen's new podcast with Andrew Heaton and Justin Robert Young — We're Not Wrong Episode 12: About The Never Ending Ukraine War, Biden's COVID and Mike Pence (LIVE FROM BERLIN) To report an incident directly to the EPA via email Report.Pesticide.Incident@epa.gov View the shownotes on our website at https://congressionaldish.com/cd256-poisonous-pet-collars Executive Producer Recommended Sources CD200: How to End Legal Bribes Bruce Bueno de Mesquita and Alastair Smith. The Dictator's Handbook: Why Bad Behavior is Almost Always Good Politics. Public Affairs: 2011. Background Sources Recommended Congressional Dish Episodes CD254: Baby Formula Shortage CD234: AWOL Recall: The Rock and Play Sleeper Reports on Seresto and Pesticides “Oversight Subcommittee Report Reveals EPA Failed to Protect Pets, Owners From Dangerous Flea and Tick Collar.” Jun 15, 2022. House Committee on Oversight and Reform. House Committee on Oversight and Reform, Subcommittee on Economic and Consumer Policy. June 2022. “Staff Report: Seresto Flea and Tick Collars: Examining why a product linked to more than 2,500 pet deaths remains on the market.” Lauretta Joseph. May 19, 2022. “Notification of Evaluation: The EPA's Response to Reported Incidents of Unintended Effects from Pet Collar Pesticides, Project No. OSRE-FY22-0120” Johnathan Hettinger. Sept. 24, 2021. “Is your pet wearing a Seresto flea collar? Company reports thousands more adverse incidents.” USA Today. Jordan Liles. Mar 8, 2021. “Did Seresto Flea Collars Cause 1,698 Dog and Cat Deaths?” Snopes. Johnathan Hettinger. Mar 2, 2021. “Popular flea collar linked to almost 1,700 pet deaths. The EPA has issued no warning.” USA Today. Jen's highlighted copy Lawrence J. Dyckman et al. July 1995. “Pesticides: EPA's Efforts to Collect and Take Action on Exposure Incident Data, GAO/RCED-95-163.” U.S. Government Accountability Office. Lobbying “Lobbyist Profile: Ryan Canfield.” 2022. Open Secrets. “Employment History: Ryan Canfield.” Open Secrets. “Elanco Animal Health.” Open Secrets. The Hearing Seresto Flea and Tick Collars: Examining why a product linked to more than 2,500 pet deaths remains on the market June 15, 2022 Committee on Oversight and Reform, Subcommittee on Economic and Consumer Policy Witnesses: Faye Hemsley & Omarion Hemsley, Owners of Deceased Pet Thomas Maiorino, Owner of Deceased Pet Jeffrey Simmons, President and Chief Executive Officer, Elanco Animal Health Incorporated Nathan Donley, Ph.D, Environmental Health Science Director, Center for Biological Diversity Karen McCormack, Former Scientist, Policy Analyst, and Communications Officer (ret.), Office of Pesticide Programs, Environmental Protection Agency Carrie Sheffield (minority witness), Senior Policy Analyst, Independent Women's Voice Clips 1:20 Rep. Raja Krishnamoorthi (D-IL): As early as 2015, just a few years after the collar entered the US market, an EPA investigation found that among similar products, the Seresto collar “ranked number one” by a wide margin in terms of total incidents, major incidents and deaths, even after factoring in companies' relative sales. Those findings weren't enough to drive the makers of Seresto collar or the EPA to act. 1:50 Rep. Raja Krishnamoorthi (D-IL): In 2016, Canada's equivalent of the EPA known as the PMRA, concluded based on a review of the same American data available to the EPA that the collar posed too great a risk to pets and their owners to be ever sold in Canada. 2:10 Rep. Raja Krishnamoorthi (D-IL): Even as the death count rose, the EPA allowed Seresto to remain on the market here without even so much as requiring additional warning labels that regulators mandated in places ranging from Australia to Colombia to the European Union. 2:30 Rep. Raja Krishnamoorthi (D-IL): The companies that manufactured the Seresto collar first Bayer animal health and then later Elanco were also aware of the risks, the incidents and the deaths, but they too failed to act. Instead, they hired third party industry insiders to conduct so-called independent reviews of the incident data, which ended up protecting their $300 million a year market but ended up endangering pets. So the Seresto collar stayed the same and so did the consequences. 4:15 Rep. Raja Krishnamoorthi (D-IL): This particular collar has caused 100,000 incidents reported to the EPA and over 2500 pet deaths reported to the EPA. 4:30 Rep. Raja Krishnamoorthi (D-IL): The steps that we are asking for today are crucial, because it's important to protect our pets and our families, too. I now call upon my distinguished colleague, Mr. Cloud for his opening statement. Rep. Michael Cloud (R-TX): Thank you, Chairman. This is the first hearing of the Economic and Consumer Policy Subcommittee this year, and we've been in session for 52 days this year. And our first hearing is on pet collars. And I do realize that our pets are a huge part of our lives, they enrich our families, they provide companionship for my kids, they've helped foster responsibility and compassion and care, important ethics we need in our society. Just recently, our family mourned the loss of our guinea pig, biscuit. And so pets are a huge part of our family lives. But I have to admit that when I saw that this was going to be on the agenda for this week, I cannot help but be concerned, especially coming from South Texas about the 1000s 10s of 1000s of human lives that have passed away due to fentanyl and due to an open border and due to the policies of this administration to continue to aid and abet cartels. And I realized that this is the economic and Consumer Policy Subcommittee. And so I think about economic policy happening right now and where the minds of the American people are. Gas is now averaging $5 A gallon nationwide. For the first time in history. We have not had a hearing. Inflation is at a 40 year high. We have not had a hearing, the American people cannot find baby formula. We still haven't had a hearing. I've mentioned fentanyl is killing Americans, especially our teens at unprecedented rates. We have not had a hearing. Biden's systemic elimination of the safe and secure border he inherited has led to the worst humanitarian and national security crisis in this country's history. We have not had a hearing this term, we could talk about how inflation is affecting the cost of owning a pet, including the increased cost of food, toys, accessories, but we're not talking about that either. Instead, we're holding a hearing on the pet collar, which fights fleas and ticks. And as any pet owner knows fleas and tick management is an essential part of pet care. But I'm not sure it's an essential part of congressional oversight, especially when we take in mind where the American people are at. And frankly, I've talked to a number of people in my district and others who live in other parts of the country and they are really surprised that this has risen to one of the top priorities of commerce at this time in juncture. The subcommittee Republicans would rather explore efforts to help American consumers during these trying times, we would gladly have joined the chairman in holding a hearing on the shortage of baby formula. Moreover, we have welcomed the chance to explore TikTok's troubling practice of showing dangerous content to minors, an investigation you all started last year. In fact, it's now come to light that teenagers are using tick tock and other social media platforms to purchase illicit drugs including unknowingly in many cases, in most cases, fentanyl. Social media platforms are also using it to recruit young people into the gig economy of human trafficking. A hearing on that crisis could be incredibly important. And on the subject of our nation's youth, CDC bureaucrats have actively pursued an agenda to close schools during the pandemic instead of following the science damaging our children's financial, mental, physical, emotional, and also their learning for years to come. But we still have not had a hearing. Americans are facing incredible economic issues which require us as elected officials to listen and to respond. I do appreciate the fact that our pets play an important part of our lives. We should be kind to animals and we should teach our children to do the same. But I do care immensely more about the human lives that we were elected to serve. 10:20 Rep. Raja Krishnamoorthi (D-IL): A recorded vote has been requested — we will pause while the we will get the clerk out. 12:00 Rep. Byron Donalds (R-FL): Mr. Chairman, it's already been about what? A minute and a half. Where's the clerk? Is the clerk on lunch and not here today? Rep. Krishnamoorthi (D-IL): I think the clerk is on the way Mr. Donalds, thank you. Rep. Donalds: Is the clerk sitting in the side office just hanging out? I mean, come on, Mr. Chairman. 21:20 Clerk: Mr. Cloud? Rep. Michael Cloud (R-TX): Yes Clerk: Mr. Cloud votes yes. Mr. Keller? Rep. Fred Keller (R-PA): Yes Clerk: Mr. Keller votes yes. Mr. Franklin? Rep. C. Scott Franklin (R-FL): Yes Clerk: Mr. Franklin votes yes. Mr. Clyde? Rep. Andrew Clyde (R-GA): Yes. Clerk: Mr. Clyde votes yes. Mr. Donalds? Rep. Byron Donalds (R-FL): Yes Clerk: Mr. Donalds votes yes. 26:31 Thomas Maiorino: My name is Thomas Maiorina. I reside in Mount Laurel, New Jersey with my wife Monica. I am the father of three boys. My youngest son, Robert turned 12 in 2011. After years of asking for a dog, he wore us down and we decided to rescue a dog from a southern shelter for my son's birthday. After researching online, we adopted a mixed breed mutt that Robbie and his two other brothers named Rooney. Rooney swiftly became a loved member of our family. A bit rambunctious, she was just what a 12 year old boy needed. She loved the run and chase anything the move in the yard. By all measures, we took great care to ensure Rooney had a healthy and happy life. We took her on daily walks, sometimes three a day, hikes on park trails. We monitor her diet and made sure she was seen by the veterinarian as needed, and she received all of her shots. Because she was a bit rambunctious and we lived in a wooded area where there's a lot of wildlife, we were constantly concerned about the problems of fleas and ticks. We consulted with a veterinarian after getting Rooney to determine the best way to protect her against this. We use a variety of prevention methods for the first few years and when we changed veterinarians in approximately 2013 or 14, the new veterinarian strongly recommended that we use the Seresto flea and tick collar, based on all of our options. We heeded that advice and purchased Seresto collars from our local PetSmart. The collars were intended to provide protection for up to eight months. We noticed that after fixing a collar to Rooney's neck, she began to itch and first had that treated and tested for allergies. We took her to the vet several times during 2018 seeking to find the cause for the ever increasing itching. After several visits and multielement medications, they were unable to determine the cause and we switched to a specialist in 2019 to seek further assistance, where they provided allergy shots and other medications to address the worsening itching and related symptoms. Rooney's behavior then became more erratic as the months wore on she began linking her paws so feverishly they would bleed. She also developed bleeding patches on her stomach. Ultimately, in October 2020, Rooney suffered horrendous grand mal seizure in the presence of myself and my wife. The damage done by the seizure was irreversible. She was a shell of her former self and ultimately, the family decided the most humane thing would be to put Rooney to sleep at the age of nine. In early March 2021, I read an article online about Seresto pet collars resulting in the deaths of 1700 Pets without any warnings from the EPA or the manufacturer. I sought out legal representation not because I wanted financial compensation, but because I took great pains to care for Rooney. The final 18 months of her life were agonizing to watch if I could help prevent another family from going through what my family went through. I wanted to act. I'm here today in furtherance of that effort. I appreciate the committee taking the time to investigate this matter. And thank you for your time. 33:30 Jeffrey Simmons: There are a few points I'd like to emphasize upfront. First, the EPA approved Seresto following more than 80 safety and toxicity studies, all of which show that Seresto and its ingredients have a strong safety profile. Second, more than 80 regulatory bodies around the world have approved Seresto. Seresto is widely used and more than 80 million collars worn over the past decade to protect dogs and cats from fleas and ticks around the world. 34:00 Jeffrey Simmons: Third, adverse event reports are not intended to be, and in fact are absolutely not, proof of causation. Reports require further investigation and analysis to determine cause. And after years of review, our pharmacovigilance team made up of veterinarians and other experts who study adverse event reports has not identified a single death caused by the active ingredients in the collar. 36:45 Jeffrey Simmons: No product is without risk. What matters is whether those risks are reasonable. And in light of the benefits and numerous studies and the incident report data for Seresto demonstrate the product does not pose an unreasonable risk and has a strong safety profile, which is why the American Veterinary Medical Association opposed canceling Seresto's EPA registration. 38:05 Nathan Donley: My name is Dr. Nathan Donley. I'm the science director for the Environmental Health Program at the Center for Biological Diversity. I have a PhD in Cell and Developmental Biology from Oregon Health and Sciences University. The last seven years of my professional life have been spent researching how pesticides impact people and the environment and the regulatory failures that can actually facilitate harm rather than prevent it. I published three peer reviewed scientific articles and five technical reports on this subject. I've authored over 100 technical scientific comments to the EPA on pesticide documents, including flumethrin and imidacloprid, the two active ingredients in the Seresto collar. I've read through 1000s of pages of FOIA documents I requested on matters related to the approval and continued use of Seresto. 39:40 Nathan Donley: While other agencies like the FDA have robust systems in place to surveil harms from products under their purview, EPA only requires minimal information be submitted four times a year and they delegate this responsibility to the pesticide industry itself. The limited information that is collected includes only the pesticide product name, where the incident occurred, and the severity of the incident. That's it. Oftentimes, the agency doesn't even know if the incident involves a dog or a cat. Even though the EPA determines what incident information it collects, it then turns around and laments that the incident data are insufficient to take regulatory action to protect public health, the environment and our pets. It's a system designed to achieve nothing other than maintaining the status quo. Worse yet, reported incidents significantly underestimate the true scope of harm. The EPA recently estimated that only one in 25 pesticide incidents involving another pesticide called Kamba was actually reported to the authorities. That's only a 4% reporting rate. Given that 100,000 people have reported their concerns about Seresto, this is very alarming because the true number of harmful incidents to pets could be potentially far higher. 41:05 Nathan Donley: The EPA's counterpart in Canada was so concerned about Seresto incidents and harms of pets and humans that it denied Seresto approval in 2016. Canada analyzed U incident data and determined that Seresto collars had an incident rate 50 times greater than the average flea collar and 36 times greater than Canada's trigger for review. 41:25 Nathan Donley: EPA has no trigger for review of any pesticide product, no matter how much harm is being reported. And because the agency has no mandated trigger for reviewing pesticides like Seresto, rather than choosing to use incident reporting data to inform a robust regulatory process and take dangerous products off the market, EPA routinely chooses to do nothing at all. And that's especially troubling when you consider that Seresto is just one of 18,000 pesticide products currently approved by the EPA. 42:40 Karen McCormack: My name is Karen McCormack. At the present time I am a retired government employee after working over 40 years at the Environmental Protection Agency. During my career at EPA, I first worked in an EPA laboratory as a research coordinator. And in that capacity, I conducted research on numerous pesticides. Later I transferred to EPA headquarters in Washington DC, and worked in various positions in the pesticide program as a scientist, policy analyst, and a communications officer. I also worked in a number of offices at EPA including the Office of the Assistant Administrator for Pesticides and Toxins. Although I'm retired from EPA, I'm still closely following a number of environmental topics and one of those topics of interest to me has been the impact of flea and tick pet products on cats and dogs. 43:30 Karen McCormack: The US Environmental Protection Agency is charged with regulating products that contain pesticides and in ensuring that all pesticide products are safe to use. Before 1996, EPA did not consistently require manufacturers to conduct animal safety studies for pet products containing pesticides. Because pet products with pesticides were available readily in commercial stores, consumers thought they must be safe. This is not necessarily the case. Flea and tick products are designed to kill insects, and they often contain poisonous chemicals. When combined with pesticides that are used outside the home and in the water and food that people drink and eat, the aggregate risks from all these sources of pesticides can be high, especially for children who are vulnerable to toxic chemicals -- much more vulnerable than adults. And it wasn't until the passage of the 1996 Food Quality Protection Act that EPA began to examine the risks from sources other than food, including risks from pet products containing pesticides. After the passage of FQPA, pesticide manufacturers were required to submit to EPA animal safety studies and incident reports showing harm to animals and humans exposed to pesticides and pet products. Between 2012 and the present time the EPA received an increasing number of incident reports related to the use of flea and tick pet collars for dogs and cats. The toxic effects that were described in these many incident reports from the use of certain pet collars ranged from mild effects, such as skin irritation to more severe effects such as intense tremors, seizures, paralysis, organ failure and death. The largest number of incident rate counts that EPA received during this period were from the use of pet collar called Seresto. 45:35 Karen McCormack: Between January 2012 and the present time, EPA has received over 100,000 incident reports, and these incident reports include human incidents as well as pet incidents. These reports also include at least 2300 reports of pet deaths. The number is most likely a very low estimate of the actual number of incidents that are occurring since many pet owners do not know that they can report incidents to EPA and they may not know how to correlate the adverse effects in their pets with a particular pet product. 46:30 Karen McCormack: There are no independent organizations that rank the safety of pet products. And the sales data which is needed to rank the safety of pet products is considered confidential business information by the manufacturers. EPA's risk assessments also do not tell the full story of what pet products are safe, as they rely heavily on industry generated studies that were conducted on mice and rats rather than dogs and cats. And EPA's risk assessments also are based mainly on studies that were conducted with only one pesticide in Seresto rather than the combined pesticides in this pet product. 47:10 Karen McCormack: Although the original manufacturers of Seresto, Bayer, did conduct a number of efficacy and safety studies in dogs and cats treated with Seresto, the company did not conduct two very critical studies that are important for determining the safety of a pet product. These tests include a pet transferable residue study, a petting study, to determine the exposure of humans to Seresto. And they did not conduct a study that measures the amount of pesticide that gets in the blood of treated dogs and cats. 48:45 Carrie Sheffield: My name is Carrie Sheffield and I'm a senior policy analyst at the Center for Economic Opportunity at Independent Women's Forum. We are a nonprofit organization committed to increasing the number of women who value free markets and personal liberty. 2:44:20 Rep. Raja Krishnamoorthi (D-IL): Let me just show you some analysis that was conducted by Elanco, which we would just refer to as well as the EPA, as well as the Canadian equivalent of the EPA, which is called the PMRA. Essentially, we look at this chart here, and we see that at the top Elanco computed that 0.51% of pet deaths were “possibly or probably” caused by the Seresto collar. The PMRA in Canada, looking at a sample of pet deaths concluded that 33% of those pet deaths were possibly or probably caused by Seresto collars. And the EPA here, concluded that 45% were possibly or probably caused by pet by the Seresto collar. Now, sir, I think originally, you said that there is no scientific evidence, no evidence of a causal link, this is clearly evidence, it was so compelling that the Canadian equivalent of the EPA never allowed for Seresto collars to be sold in Canada, correct? Jeffrey Simmons: Yes, I'm aware of that decision. I would also add that 80 other countries have approved this product, we've had over 80 million collars actually used. I'm not familiar with this data comparison, but what I can say is following the EPA regulatory process around the oversight, that we have pharmacovigilance, close to 200 veterinarians and staff on our team, looking at the data through the way the EPA wants us to we have not seen a linkage from the active ingredients. Rep. Krishnamoorthi: I understand that sir, I understand you haven't seen the linkage, although other authorities have and their scientists who are not paid by you have done so. 2:46:25 Nathan Donley: This is what we commonly see, quite frankly, when the regulated industry is doing their own research. It commonly finds that their products are safer than when government agencies or academic scientists take on a similar analysis. 2:46:55 Rep. Raja Krishnamoorthi (D-IL): We have FOIA documents from the EPA, and emails internal to the EPA talking about the Seresto collar. Here's just one of them. This is from an employee who basically voiced their opinion about recent coverage of the Seresto controversy, he said, “looks like the sh*t has hit the fan….will be interesting seeing where this goes. I hope there is a FOIA for all communications on this so that our emails are made public. We have been screaming about Seresto for many years.” I presume that you've heard some of these screams and concerns, correct, Ms. McCormack? Karen McCormack: That's correct. A number of EPA employees have contacted me and given me detailed descriptions about what's happening with Seresto and they were very upset that EPA refused to do anything about it. 2:48:25 Karen McCormack: A number of the scientists, and this is not unusual, feel that the decision makers are not considering the science and they're making decisions based on political reasons. I don't know if I have time to talk about this, but I did look at the science that the Canadian government did, the causality analysis. They looked at the consistency and toxicity of effects from exposure of pets to Seresto. And what they found was very disturbing. It was so disturbing that they decided the risks were too high to approve Seresto and they could not be mitigated by putting a label statement on the product or by issuing warning labels, so they refused to approve Seresto. 2:49:25 Rep. Michael Cloud (R-TX): Thank you, Ms. McCormack, for acknowledging that the EPA sometimes makes political decisions, so that's something we'll definitely be coming back to next term. 2:55:05 Rep. Katie Porter (D-CA): Are the active ingredients for Seresto in the United States different from the active ingredients for Seresto collars in other countries? Jeffrey Simmons: No, I do not believe they're any different than the other 80 countries. Rep. Porter: In other countries like in Colombia and Australia, the warning labels for Seresto collars classify the collar as highly toxic and as poison. 2:55:50 Rep. Katie Porter (D-CA): Does the label in the United States have language? Like highly toxic or poison? Yes or no? Jeffrey Simmons: It does not. Rep. Porter: Okay. So the warning label here in the United States, though does say that mild reactions may occur and mentions hair loss, scratching and redness. The most severe symptoms listed are eczema and lesions. This is the warning label: does it mention the potential for death? Jeffrey Simmons: It does not. Rep. Porter: So a pet owner looking at this label that we're looking at would have absolutely no reason, no way to know that Seresto may have caused roughly 100 pet deaths. That's what both the Canadian Pest Management Agency, the PMRA, and the EPA found. Will you change this label, so that it includes deaths as a possible side effect? Jeffrey Simmons: Congresswoman, we do not believe the scientific data warrants a label change. And again, that is not just the 80 studies were submitted. There's been 20 additional added studies since and all of the oversight data that's been done on the 33 million pets over the 10 years. So again, following an EPA regulated process, we're always open if a data warranted, some need for a change, we would do that. 2:57:30 Rep. Katie Porter (D-CA): The EPA encouraged both your predecessor, Bayer, and your company, Elanco, to update the warning label. Yet, you just said that you never have. So the federal government did in fact advise you to update the label and you failed to do so. Is that correct? Jeffrey Simmons: I do not believe that is correct. We are in regular engagement with EPA. We have not received any formal…there's no data that warrants that and there's been no formal engagement on that. 2:58:15 Rep. Katie Porter (D-CA): The EPA asked Bayer, the predecessor here, in 2019 to help the agency collect data on adverse incidents for cats and dogs using the Seresto collar. EPA asked Bayer to split the registration for cats and dogs, so the agency could better understand and evaluate the risks for each type of pet. They refused, saying that change might have, “an adverse impact on sales” and they also said, “it would be a substantial increase in work.” Mr. Simmons, are you willing to make that change and split the registration for cats and dogs as the EPA requested? Or do you believe it's too much work? Jeffrey Simmons: I am willing to engage with the EPA on anything that the scientific data and the engagement under the regulatory body of the EPA merits the right thing to do. We believe the 80 studies and all of the pharmacovigilance data that we've submitted to them stands that this is a safe product. 3:00:10 Rep. Andrew Clyde (R-GA): I feel obligated to begin by stating the obvious this afternoon. Today's hearing is a colossal waste of time and resources. 3:13:25 Rep. Henry Johnson (D-GA): And the only reason that the public knew about the harm caused by this pesticide is because the Center for Biological Diversity publicly petitioned the EPA to cancel registration for Seresto flea collars. If they had not bought this to light, do you think we would even know of the dangers presented by these collars? Nathan Donley: No, we wouldn't. You know, the investigation that came out in USA Today in 2021 really brought this to the public attention. And if there wasn't that amount of pressure from the public, this would just still be completely unknown. EPA, for the last 10 years, has not done anything to alert consumers to the harms associated with this product or any other pesticide products where there are a very high number of incidents. 3:15:10 Karen McCormack: I think some of the people at EPA are programmed to go along with whatever industry says. It makes life easier for you, you can go home earlier and you can also get promoted easier if you go along with what industry says. It's unfortunate a problem there. And I've seen it over the years and it's very hard to do something about it. 3:15:40 Karen McCormack: Canada's analysis was very scientific. It was not only based on incident data and sales data, it was based on the toxicity of the two pesticides in Seresto. And they looked at the consistency and what happened eventually with the pets that were exposed to Seresto. 3:19:20 Rep. Raja Krishnamoorthi (D-IL): And so because of the tremendous number of pet incidents, the tremendous number of deaths, even when factoring in sales, I sadly have no choice but to recommend that the EPA commence a notice of intent to cancel proceedings and to fully investigate what's going on with the Seresto collar, and I respectfully request Elanco to voluntarily recall these collars at this time, pending this further investigation. 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 recently signed gun law, S. 2938: Bipartisan Safer Communities Act, contained a surprise dingleberry postponing a regulation designed to save seniors money on their pharmaceutical drugs by prohibiting kickbacks to an industry few have heard of: Pharmacy Benefit Managers (PBMs). This little-known but extremely powerful industry deserves much of the blame for ever rising prescription drugs costs in the United States. In this episode, Jen gives you the scoop on PBMs and how they make their money at the expense of Americans who are most dependent on medications. 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/cd255-pharmacy-benefit-managers-pbms We're Not Wrong Berlin Meetup Contact Justin at WereNotWrongPod@gmail.com Background Sources Recommended Congressional Dish Episodes CD134: The EpiPen Hearing US Healthcare Landscape Jessi Jezewska Stevens. Apr 23, 2020. “A Brief History of the Great American Healthcare Scam.” Bookforum. Tanza Loudenback. Mar 7, 2019. “The average cost of healthcare in 21 different countries.” Insider. Chuck Grassley and Ron Wyden. 2019. “Insulin: Examining the Factors Driving the Rising Cost of a Century Old Drug [Staff Report].” U.S. Senate Finance Committee. “Health Insurance Coverage of the Total Population.” Kaiser Family Foundation. Sara R. Collins and David C. Radley. Dec 7, 2018. “The Cost of Employer Insurance Is a Growing Burden for Middle-Income Families.” The Commonwealth Fund. PBMs What are PBMs? JC Scott. Jun 30, 2022. “Drug manufacturers are root cause of high drug costs; PBMs drive costs down.” The Hill. Zach Freed. Jun 22, 2022. “The Pharmacy Benefit Mafia: The Secret Health Care Monopolies Jacking Up Drug Prices and Abusing Patients and Pharmacists.” American Economic Liberties Project. Adam J. Fein. Jun 22, 2021. “The Top Pharmacy Benefit Managers of 2020: Vertical Integration Drives Consolidation (rerun).” Drug Channels. “Flash finding: How drug money from sick people really works.” Nov 11, 2021. 46brooklyn. Adam J. Fein. Feb 3, 2019. “Don't Blame Drug Prices on ‘Big Pharma.'” The Wall Street Journal. How PBMs Make Money “DIR Fees.” National Association of Chain Drug Stores. “How PBMs Make Money: PBM Practices & Profits.” RxSafe. True North Political Solutions. Oct 25, 2017. “White Paper: DIR Fees Simply Explained.” Pharmacy Times. ACA “Vertical Integration” Loophole Peter High. Jul 8, 2019. “A View From Inside Cigna's $67 Billion Acquisition Of Express Scripts.” Forbes. Angelica LaVito. Nov 28, 2018. “CVS creates new health-care giant as $69 billion merger with Aetna officially closes.” CNBC. David Dayen. Oct 12, 2018. “Why the Aetna and CVS Merger Is So Dangerous.” The American Prospect. Jeff Byers. April 12, 2018. “Optum a step ahead in vertical integration frenzy.” Healthcare Dive. Graph: Optum opens up wider market for UnitedHealth Group Graph: Optum's pharmacy business contributes the majority of its revenue Susan Morse. May 10, 2017. “Secret weapon: UnitedHealth's Optum business is laying waste to old notions about how payers make money.” Healthcare Finance. Lobbying “Client Profile: Pharmaceutical Care Management Assn.” Open Secrets. The Demise of Independent Pharmacies Christine Blank. Oct 17, 2019. “Independents Prepare to Close Up Shop.” Drug Topics. Paulina Firozi. Aug 23, 2018. “The Health 202: Here's why rural independent pharmacies are closing their doors.” The Washington Post. What Is a Formulary? Ana Gascon Ivey. May 19, 2020. “A Guide to Medication Formularies.” GoodRx. Previous Delays in Rebate Regulation Paige Minemyer. Jan 29, 2021. “In a win for PBMs, Biden administration delays rebate rule.” Fierce Healthcare. Paige Minemyer. Jan 12, 2021. “PCMA sues Trump administration over rebate rule.” Fierce Healthcare. “Incorporating the Effects of the Proposed Rule on Safe Harbors for Pharmaceutical Rebates in CBO's Budget Projections—Supplemental Material for Updated Budget Projections: 2019 to 2029.” May 2019. Congressional Budget Office. The Gun Law Passage Process Office of the Clerk. May 18, 2022. “Roll Call 212 | Bill Number: S. 2938.” U.S. House of Representatives. Tampa Bay Times Editorial Board. May 12, 2022. “Republican lawmakers should be ashamed for failing to honor Justice Joseph Hatchett.” Miami Herald. Annie Karni. Apr 12, 2022. “House G.O.P., Banding Together, Kills Bid to Honor Pioneering Black Judge.” The New York Times. Background on Most Important Provisions Mary Katherine Wildeman. May 26, 2022. “Data show most school shootings carried out by young adults, teens.” CT Insider. Jeffrey Pierre. May 26, 2022. “Experts say we can prevent school shootings. Here's what the research says.” NPR. The Dingleberry Erik Sherman. Jun 30, 2022. “Gun Safety Bill Extends Drug Middlemen Protection From Anti-Kickback Measure.” Forbes. Molly Rutherford. Jun 28, 2022. “Gun legislation provision puts drug supply chain profits over patients.” The Hill. Marty Schladen. Jun 22, 2022. “Deep inside the gun bill: a break for prescription drug middlemen.” Iowa Capital Dispatch. Poland Train Station Taylor Popielarz, Maureen McManus and Justin Tasolides. Mar 25, 2022. “‘The help given is remarkable': Inside the Poland train station that's become a hub for Ukrainian refugees.” Spectrum News NY1. The Law and the Regulation S. 2938: Bipartisan Safer Communities Act Senate Vote: 65-33 (All Nos GOP) House Vote: 234-193 (All Nos GOP) Jen's Highlighted PDF of S. 2938: Bipartisan Safer Communities Act Fraud and Abuse; Removal of Safe Harbor Protection for Rebates Involving Prescription Pharmaceuticals and Creation of New Safe Harbor Protection for Certain Point-of-Sale Reductions in Price on Prescription Pharmaceuticals and Certain Pharmacy Benefit Manager Service Fees U.S. Health and Human Services Department November 30, 2020 Audio Sources The State of Competition in the Pharmacy Benefits Manager and Pharmacy Marketplaces November 17, 2015 House Committee on the Judiciary Witnesses: Bradley J. Arthur, R.Ph., Owner, Black Rock Pharmacy David Balto, Law Offices of David A. Balto PLLC Amy Bricker, R.Ph. Vice President of Retail Contracting & Strategy, Express Scripts Natalie A. Pons, Senior Vice President and Assistant General Counsel, CVS Health Clips 53:48 Bradley Arthur: The Big Three PBMs control almost 80% of the entire market and these PBMs have the upper hand both in negotiating the contract with the payer, as well as strongly influencing the actual plan design itself. The PBM industry typically states that they can use their economic power to harness enhanced market efficiencies, but for whom? However, the staggering annual revenues that continue to grow each year of the big three suggests that these efficiencies are going directly to their corporations' bottom lines. Small community pharmacies like mine are faced on a daily basis with the impact of the PBMs' disproportionate market power. Community pharmacies routinely must agree to take-it-or-leave-it contracts from the PBMs just to continue to serve our long-standing patients. As if that weren't enough, the PBMs also directly set the reimbursement rates for pharmacies, the very same pharmacies that stand in direct competition of some of these PBM-owned mail-order and specialty pharmacies. Therefore, it comes as no surprise that the PBMs present employer and government payers with carefully tailored suggested plans designs that steer beneficiaries to these PBM-owned entities. Drug Pricing in America: A Prescription for Change, Part I January 29, 2019 Senate Committee on Finance Witnesses: Kathy Sego, Mother of a Child with Insulin-Dependent Diabetes Douglas Holtz-Eakin, Ph.D., President, American Action Forum Mark E. Miller, Ph.D., Vice President of Health Care, Laura and John Arnold Foundation Peter B. Bach, MD, MAPP, Director, Memorial Sloan Kettering Center for Health Policy and Outcomes Clips 1:57:30 Sen. John Cornyn (R - TX): Can anybody on the panel explain to me why we have a general prohibition against kickbacks — they call them rebates — under the Social Security Act, but we nevertheless allow it for prescription drug pricing? What's the sound public policy reason for excluding prescription drug pricing from the anti-kickback rule under federal law? Douglas Holtz-Eakin: I can't explain that and won't pretend to. [laughter] Sen. Cornyn: I thought I was the only one who didn't understand the wisdom of that. Well, it's not a transparent arrangement and it does produce upward pressure on drug prices. And obviously, the negotiations between the PBM and the pharma in terms of what the net cost is, is not transparent, nor is it delivered to the consumer. Is it Dr. Miller? Dr. Bach? Peter Bach: It's delivered to the consumer indirectly through the reduction of the total cost of the benefit, but it is not delivered to the actual consumer using the drug, and that is a disassociation, that is a problem. Because it essentially reverses the structure of insurance. Lowering the total costs are people who use it the least, and raising the costs are people who use it the most, relative to if you allowed the rebate to be used at the point of sale, including all discounts. 1:59:49 Douglas Holtz-Eakin: If we had the negotiation be about the upfront price, so instead of a high list price and a rebate, you just negotiate a lower price, that would be the price that Ms. Sego would pay and insurance companies would look at that and say, okay, she's not paying as much as she used to, we're going to have to make up that money somewhere else and they might raise premiums. That means that people who don't have extreme insulin drug costs would pay a little bit more in a premium every month, and people who have extremely devastating medical conditions and high health care costs would get less costs. That's exactly what insurance is supposed to do. And so the rebate system is more than giving strange incentives on pricing. It's undercutting the purpose of insurance in general. Drug Pricing in America: A Prescription for Change, Part II February 26, 2019 Senate Committee on Finance Witnesses: Richard A. Gonzalez, Chairman and Chief Executive Officer, AbbVie Inc. Pascal Soriot, Executive Director and Chief Executive Officer, AstraZeneca Giovanni Caforio, M.D., Chairman of the Board and Chief Executive Officer, Bristol-Myers Squibb Co. Jennifer Taubert, Executive Vice President, Worldwide Chairman, Janssen Pharmaceuticals, Johnson & Johnson Kenneth C. Frazier, Chairman and Chief Executive Officer, Merck & Co., Inc. Albert Bourla, DVM, Ph.D., Chief Executive Office, Pfizer Olivier Brandicourt, M.D., Former Chief Executive Officer, Sanofi Clips 1:22:03 Albert Bourla: Adverse incentives that favor higher cost biologics are keeping biosimilars from reaching patients. In many cases, insurance companies declined to include lower cost biosimilars in their formularies because they would risk losing the rebates from covering higher cost medicines. I can't think of a more concerning example of a broken system and we need to do something about it. 1:33:35 Sen. Chuck Grassley (R - IA): So many of you have voiced support for the recent rebate rule proposed by the administration. Should the administration finalized this rule, will you commit to lowering your drug prices? Richard Gonzalez [CEO, AbbVie]: Mr. Chairman, we are supportive of the rule. We'd like to see it in its final form, obviously, to make a final decision, but we are supportive of taking the discount to the patient at the point of sale. Sen Grassley: Okay. AstraZeneca? **Pascal Soriot [CEO, AstraZeneca]**The same for us Senator, I would go one step further: if the rebates were removed from the commercial sector as well, we will definitely reduce our list prices. Sen Grassley: Okay. And Bristol? Giovanni Caforio [CEO, Bristol-Myers Squibb]: We have the same positions. Sen Grassley: Okay. Johnson and Johnson? Jennifer Taubert [EVP, J&J]: Yes, we're supportive, and that definitely would be my goal. We would just need to see the final legislation, provided that there aren't additional fees that are added into the system to compensate for the rebates. Sen Grassley: Merck? **Kenneth C. Frazier: I would expect that our prices would go down if we change the system. Again, on the commercial side as well as the Medicare side. Sen Grassley: Okay, Pfizer? Albert Bourla [CEO, Pfizer]: It is a very clear intention that we will not keep a single dollar from these rebates. We will try to move every single penny to the patients and we think if this goes also to the commercial plants that will be even better for more patients. Sen Grassley: Okay. Sanofi? Olivier Brandicourt [Former CEO, Sanofi]: Lowering list price has to be linked to better access and affordability at the counter for the patients. 1:35:20 Sen. Ron Wyden (D - OR): Is it correct that your company, and nobody else, sets the starting price for all drugs sold by Pfizer? Yes or no? Albert Bourla: It is a negotiation with PBMs and they are very powerful. Sen. Wyden: But you still get to set the list price? Albert Bourla: Yes, but we set this price and the rebate limit(?). 1:35:40 Sen. Ron Wyden (D - OR): Is it correct, when a hypothetical patient, let's call her Mrs. Jones, goes to pay for her drug at the pharmacy counter, her coinsurance is based on the price of the drug you set? Albert Bourla: It is correct in many cases. Sen. Wyden: Okay. I just want you all to know that the number one reason consumers are getting hammered, is because these list prices, which you have the last word with respect to where they are, are unaffordable. And the high prices are tied to what the consumer pays at the pharmacy counter. And all this other stuff you talk about, the rebates and the discounts and the coupons, all this other stuff is window dressing, all of that. And the fact is on Part D, 40% of the drugs don't even have a rebate. So I want it understood, particularly because I've asked you, Mr. Borla, I think you and others in the industry are stonewalling on the key issue, which is actually lowering list prices. And reducing those list prices are the easiest way for American consumers to pay less at the pharmacy counter. 2:12:45 Sen. Thomas Carper (D-DE): First is eliminating rebates to PBMs. That's the first one, eliminating rebates to PBMs. The second is value based arrangements. And the third is increasing transparency industry-wide on how you set your prices. 2:13:20 Richard Gonzalez: We clearly support providing the discount at the patient level, eliminating rebates essentially. 2:14:10 Pascal Soriot: If the rebates, as I said earlier, were to be removed from Part D and the commercial sector, we would actually reduce our list prices. 2:15:10 Giovanni Caforio: I would say that not only do we support all three elements that you mentioned, but I do believe those three elements together with the continued effort to develop a generic and biosimilar market would mean significant change, and would clearly alleviate the concerns that patients have today. 2:14:44 Jennifer Taubert: We are very supportive of all three elements that you outlined 2:15:52 Kenneth Frazier: We too support all three. 2:15:55 Albert Bourla: All three elements are transformational for our industry, will disrupt it. However, we do agree that these are the three things that need to be done and also I believe that will have significant meaningful results if we do. 2:16:10 Olivier Brandicourt: We support the three Senator, but we want to keep in mind at the end of the chain the patient has to benefit, so if rebates are removed it has to be to the benefit of patients. Sen. Thomas Carper (D-DE): Good, thanks. 2:18:10 Albert Bourla: 50% of the American people are in commercial plans and these rebate rules apply to Medicare. If the rules apply to all, definitely the list price will go down. 2:18:30 Albert Bourla: The list price is not irrelevant, it's very relevant for a lot of people because they have to pay list price during the deductible period. However if the rebate rule is applied, then they become irrelevant because the patients will not be paying the list price at the purchase point. 2:19:10 Sen. John Thune (R-SD): How would manufacturers respond if the rebate rule were finalized for government programs? I mean, what does that what does that mean for the commercial market? Albert Bourla: Senator, as I said before, all these proposals that they're discussing, [undistinguishable], eliminating the rebate rule, are transformational and will disrupt the way we do business. I don't know exactly how the system will evolve, and I really don't favor a bifurcated system. I would like to have a transparent single system across both parts. So we need to see how the whole thing will evolve. 2:25:26 Johnny Isakson (R-GA): Who sets the discount and who sets the rebate? 2:26:20 Richard Gonzalez: We negotiate with payers, so managed care and PBMs— Sen. Johnny Isakson (R-GA): You're a supplier though, so you have to go negotiate with the PBMs and those people, is that right? Richard Gonzalez: Correct, and they negotiate aggressively. Sen. Isakson: Is that pretty much true with everybody, that they're the major component between the end retail consumer price and the origin of the product? Richard Gonzalez: Yes, Senator. Sen. Isakson: Well, that seems like that's someplace we ought to focus, because that's where the distorted numbers come in. Johnson & Johnson, Janssen, in your testimony, you talked about your average list price of 8.1%, up, but an average net price change of only 4.6%. So while your gross went up 8.6, your net went down 4.6 In the same pricing period. How does that happen? If you're setting the price, how does it not go up on the bottom? Jennifer Taubert: Yeah, and in fact, in 2018, our net price actually declined 8.6%, so even more than that. The intermediaries in the system are very, very effective negotiators— Sen. Isakson: Tell me who the intermediaries are. Jennifer Taubert: Those would be the PBMs and the insurers. Sen. Isakson: …and the insurance companies? Jennifer Taubert: Right, and they set the formularies for patients. Sen. Isakson: And they're not the same. They're two different people? Jennifer Taubert: Yes, correct. 2:40:45 James Lankford (R-OK): All of you have mentioned the rebate issue has been a problem and that insurance companies and PBMs are very effective negotiators. Part of the challenge of this is, health insurance companies pay their PBM based on the quality of their negotiation skills, cutting a price off the list price. And so if a list price is higher and a rebate is higher, that also gives preference to them. So the difficulty is, as you raise list price, and the rebate gets larger, the insurance company gives that preference, making it harder for biosimilars. Am I tracking this correctly? 2:43:00 Albert Bourla: Here in the US, the penetration of biosimilars is much lower than in other places, but it is disproportional to different parts of the US healthcare system. For example, in open systems, systems where the decision maker it is a PBM, the one biosimilar we have has a market share of 5% in the US. In closed systems, in systems like Kaiser, for example, integrated healthcare systems where the one who decides has the whole cost of the healthcare system in its interest, we have 73%. 5% and 73% for the same product. I agree with what Mr. Fraser said that we need to create incentives, but I would add also that we need to break this rebate trap that creates significant disincentives for providers, and the healthcare system, and insurance companies. 3:19:25 Kenneth Frazier: If you went back a few years ago, when we negotiated to get our drugs on formulary, our goal was to have the lowest copay by patients. Today the goal is to pay into the supply chain the biggest rebate, and so that actually puts the patient at a disadvantage since they're the only ones that are paying a portion of the list price. The list price is actually working against the patient. 3:19:50 Sen. Steve Daines (R-MT): Why do we have a system today? Where you all are setting, I'll just say very, very high list prices, which is the starting point for negotiation. Why? Olivier Brandicourt: Senator, we're trying to get formulary position. With those list prices. High list price, high rebates. It's a preferred position. Unfortunately the preferred position doesn't automatically ensure affordability at the end. Kenneth C. Frazier: Senator, If you bring a product to the market with a low list price in this system, you get punished financially and you get no uptake because everyone in the supply chain makes money as a result of a higher list price. Drug Pricing in America: A Prescription for Change, Part III April 9, 2019 Senate Committee on Finance Witnesses: Steve Miller, MD, Former Executive Vice President and Chief Clinical Officer, Cigna Corporation Derica Rice, Former Executive Vice President and President, CVS Health and CVS Caremark William Fleming, Pharm.D., Segment President, Healthcare Services, Humana Inc. John Prince, Chief Executive Officer, OptumRx Mike Kolar, JD, Interim President & CEO, Senior Vice President and General Counsel, Prime Therapeutics LLC Clips Sen. Ron Wyden (D - OR): Pharmaceutical Benefit Managers first showed up decades ago, back when prescription drugs were being utilized more extensively. The PBMs told the insurance companies, “we're the ones who know drug pricing, we will handle the negotiations for you.” But there is little evidence that the pharmaceutical benefit managers have actually held down the prices in a meaningful way. In fact, most of the evidence shows just the opposite. Pharmaceutical Benefit Managers actually make more money when they pick a higher price drug over a lower price drug. Colleagues, let's remember that all the way through this discussion, benefit managers make more money when they pick a higher price drug over a lower price drug. The logic on this isn't exactly complicated, graduate-level economics. PBM profits are based on taking their slice of the prescription-drug pie. More expensive drugs means there's a bigger pie. When there's a bigger pie, [there are] bigger slices for the pharmaceutical benefit managers. 50:24 Mike Kolar: Rebates and the role they play have been key areas of focus in the drug cost debate. In our view, rebates are a powerful tool to offset high prices, which are set by pharmaceutical companies, and pharmaceutical companies alone. The fact that rebates are not offered on many of the highest cost drugs, and that studies show no correlation between prices and rebates underscore that rebates are a key to mitigating rather than causing high drug prices. We pass rebates through fully to our plans, and we believe our plans should be able to choose how to apply these rebates in ways that best serve their members and market needs by balancing premiums and cost sharing. 56:05 Sen. Chuck Grassley (R-IA): I'd like to talk about consolidation, including the recent integration of PBMs with insurance companies. Last year I wrote to the Justice Department on the issues, it reported that the three largest PBMs who are before us today now covers 71% of Medicaid, Medicare Part D enrollees and 86% of standalone Drug Plan enrollees. 57:45 Derica Rice: This is a highly competitive space. In addition to the three that you've pointed out here, CMS has noted there are over 60 PBMs across the US. Therefore, the competition, there's many options for the employers that are out there, government entities, as well as unions to choose from given their specific needs. 1:10:35 Sen. Debbie Stabenow (D-MI): So when we look at Express Scripts has 100 million Americans covered, CVS 90 million, OptumRx 65 million, Prime Therapeutics 27 million, Humana 21 million, and yet Americans still pay the highest prices in the world. Even though you are negotiating for millions of people. The VA has its own pharmacy benefit manager service, they negotiate for 9 million veterans, and they pay, on average, 40% less for the same drugs that the rest of the healthcare system pays for. Despite greater volume, you are unable to secure these kinds of low prices. With all due respect, you guys are pretty bad negotiators. Given the fact that the VA can get 40% less. And so I'd like to know from each of you why that's the case. Dr. Miller? Steve Miller [Former EVP and Chief Clinical Officer, Cigna Corporation]: Yes. Part of the equation is giving patients choice. At the VA, they actually limit their formulary more than any of us at this table do. So oftentimes, they'll have one beta blocker, one ace inhibitor. And so if it's going to get to that level of choice, then we could get better prices also. Sen. Stabenow: Let me jump in, in the interest of time. I know you create nationwide drug formularies, you have pre-authorization, you give preferred status to certain medications. So you don't use any of those tools that the VA is using? Because you do. Steve Miller: We definitely use those tools, but we also give people choice. It's crucial for both physicians and patients to have the choice of the products they want to be able to access. Many of our plans want us to have broad formularies and when you have more products, it means you move less market share. Sen. Stabenow: So basically you're saying a 40% premium gives them more choice. 1:24:30 Sherrod Brown (D-OH): If the administration's rebate rule were finalized as proposed, would you in some way be required to change the way you do business? Mike Kolar: Yes, Senator we would. John Prince: Yes. William Fleming: Yes. Derica Rice: Yes. Steve Miller: Yes. Sen. Brown: Thank you. 1:25:05 Sherrod Brown (D-OH): What percentage of prescriptions that you fill across Part D actually receive a rebate? Roughly what percentage? Mike Kolar: So Senator, approximately 8% of the prescriptions that we cover in Part D are associated with a rebate. Sen. Brown: Okay, Mr. Prince? John Prince: Senator, I don't know the exact number, I know our overall business is about 7%. Sen. Brown: Okay, thank you. William Fleming: About 7-8%. Derica Rice: Senator, I do not know the exact number but we pass through 100% of all rebates and discounts. Sen. Brown: [Grunt] Steve Miller: 90% of the prescriptions will be generic. Of the 10% that are branded, about two-thirds have rebates. So it's about seven-- Sen. Brown: 7-8% like the others. Okay. To recap, PBMs do not set drug prices. Forcing you to change the way you do business -- as the administration's rule would — will not change that fact. And while the rule might impact a small percentage of drugs and Part D that receive a rebate, it does nothing to lower costs, as your answer suggests, for the other 90% of prescriptions you fill. Most importantly, absolutely nothing in the proposed rule would require Secretary Azar's former employer or any other pharma company to lower the price of insulin or any other drug. It's important to establish that, so thank you for that. 1:41:40 Catherine Cortez Masto (D-NV): Let me ask you, Dr. Fleming, in your testimony, you say Humana's analysis of the rebate rule -- and we're talking about the administration's rebate rule now — found that approximately 17% of beneficiaries will see savings at the pharmacy counter as a result of this rule. Can you tell me a little bit more about who these people are? And what kind of conditions do they have? William Fleming: Senator, there will be a number of members who are taking brand drugs for which we get rebates and so it could vary all the way from the common chronic conditions, things like diabetes or hypertension or high cholesterol, all the way over to occasionally, not usually, but occasionally on the specialty drug side. When you think of some medications like treatments for rheumatoid arthritis, multiple sclerosis, places where there's competition. 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)

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)

The recently signed infrastructure law continues the United States' over-reliance on the most dangerous way to travel: driving a vehicle. Did Congress make sufficient safety improvements to decrease the dangers posed by driving in the United States? This episode will examine all vehicle-related safety provisions to help you weigh your own transportation options. 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/cd251-bif-driving-dangers-sustained/ Background Sources Recommended Congressional Dish Episodes CD246: BIF: Appalachian Chemical Storage CD247: BIF: The Growth of US Railroads CD240: BIF: The Infrastructure BILL CD021: Trailblazer vs. ThinThread Why You Should Be Afraid of Cars “Number of worldwide air traffic fatalities from 2006 to 2021.” Apr 12, 2022. Statista. National Highway Traffic Safety Administration. Mar 2022. “Overview of Motor Vehicle Crashes in 2020.” U.S. Department of Transportation. “Number of deaths / injuries directly linked to boating accidents in the U.S. from 2002 to 2020.” Jun 2021. Statista. Injury Facts. “Railroad Deaths and Injuries.” National Safety Council. Jon Ziomek. Sept 28, 2020. “Disaster on Tenerife: History's Worst Airline Accident.” Historynet. National Highway Traffic Safety Administration. “Distracted Driving.” U.S. Department of Transportation. Problems the Law Does (and Does Not) Address Jake Blumgart. Nov 15, 2021. “The Infrastructure Bill May Not Be So Historic After All.” Governing. Self Driving Cars Neal E. Boudette. May 3, 2022. “Paying customers could hail driverless taxis in San Francisco later this year.” San Francisco Examiner. Natasha Yee. Apr 1, 2022. “Waymo Bringing Driverless Vehicles to Downtown Phoenix ... Soon.” Phoenix New Times. “24 Self-Driving Car Statistics & Facts.” Feb 20, 2022. Carsurance. Neal E. Boudette. Jul 5, 2021. “Tesla Says Autopilot Makes Its Cars Safer. Crash Victims Say It Kills.” The New York Times. Clifford Law Offices PC. May 5, 2021. “The Dangers of Driverless Cars.” The National Law Review. Katie Shepherd and Faiz Siddiqui. Apr. 19, 2021. “A driverless Tesla crashed and burned for four hours, police said, killing two passengers in Texas.” The Washington Post. Riley Beggin. Jan 15, 2021. “Self-Driving Vehicles Allowed to Skip Some Crash Safety Rules.” Government Technology. Faiz Siddiqui. Oct 22, 2020. “Tesla is putting ‘self-driving' in the hands of drivers amid criticism the tech is not ready.” The Washington Post. Niraj Chokshi. Feb 25, 2020. “Tesla Autopilot System Found Probably at Fault in 2018 Crash.” The New York Times. Michael Laris. Feb 11, 2020. “Tesla running on ‘Autopilot' repeatedly veered toward the spot where Apple engineer later crashed and died, federal investigators say.” The Washington Post. Alex Davies. May 16, 2019. “Tesla's Latest Autopilot Death Looks Just Like a Prior Crash.” Wired. Neal E. Boudette and Bill Vlasic. Sept 12, 2017. “Tesla Self-Driving System Faulted by Safety Agency in Crash.” The New York Times. Rachel Abrams and Annalyn Kurtz. Jul 1, 2016. “Joshua Brown, Who Died in Self-Driving Accident, Tested Limits of His Tesla.” The New York Times. Alcohol Detection Systems Isaac Serna-Diez. Nov 23, 2021. “Alcohol Detection Systems Will Now Be Mandatory In All New Cars To Prevent Drunk Driving. YourTango. Keyless Entry Carbon Monoxide Deaths “Toyota Introduces Automatic Engine Shut Off to Prevent Carbon Monoxide Deaths.” Jun 20, 2019. Kelley Uustal Trial Attorneys. “Toyota Has the Most Keyless Ignition Related Deaths, But Takes no Action.” Jun 7, 2019. KidsAndCars.org. Kids Left in Cars Morgan Hines. Aug 2, 2019. “There's science behind why parents leave kids in hot cars.” USA Today. Scottie Andrew and AJ Willingham. July 30, 2019. “More than 38 kids die in hot cars every year, and July is the deadliest month.” CNN. John Bacon. Jul 28, 2019. “'He will never forgive himself': Wife defends husband in devastating hot car deaths of twins.” USA Today. Eric Stafford. May 6, 2019. [“Children Can Die When Left in the Back Seat on a Warm Day—and 800 Already Have. “Children Can Die When Left in the Back Seat on a Warm Day—and 800 Already Have.” Car and Driver. National Highway Traffic Safety Administration. “Child Heatstroke Prevention: Prevent Hot Car Deaths.” U.S. Department of Transportation. Motorcycle Helmets “Motorcycle helmet use laws by state.” May 2022. Insurance Institute for Highway Safety. “Facts + Statistics: Motorcycle crashes.” Insurance Information Institute. Adam E. M. Eltorai et. al. March 16, 2016. “Federally mandating motorcycle helmets in the United States.” BMC Public Health. Truck Safety “How Many Miles Do Semi Trucks Last?” Rechtien. Non-motorist Safety “Pedestrian Traffic Fatalities by State: 2020 Preliminary Data.” Governors Highway Safety Association. “Pedestrian Traffic Fatalities by State: 2020 Preliminary Data.” [Full Report] March 2021. Governors Highway Safety Association. John Wenzel. Jan 6, 2020. “Bollard Installation Cost.” Saint Paul Sign & Bollard. Richard Peace. Feb 20, 2019. “Why You Don't Want a Superfast Electric Bicycle.” Electric Bike Report. 911 System Upgrades Mark L. Goldstein. January 2018. “Next Generation 911: National 911 Program Could Strengthen Efforts to Assist States” [GAO-18-252]. Government Accountability Office. National 911 Program. December 2016. “2016 National 911 Progress Report.” U.S. Department of Transportation. CD021: Trailblazer vs. ThinThread Followup “Michael Hayden, Principal, Strategic Advisory Services.” The Chertoff Group. “Board of Directors.” Atlantic Council. Tim Shorrock. Apr 15 2013. “Obama's Crackdown on Whistleblowers.” The Nation. The Law H.R.3684 - Infrastructure Investment and Jobs Act Senate Version Law Outline DIVISION A: SURFACE TRANSPORTATION TITLE I - FEDERAL-AID HIGHWAYS Subtitle A - Authorizations and Programs Sec. 11101: Authorization of Appropriations Authorizes appropriations for Federal-Aid for highways at between $52 billion and $56 billion per year through fiscal year 2026 (over $273 billion total). Authorizes $300 million for "charging and fueling infrastructure grants" for 2022, which increases by $100 million per year (maxing out at $700 million in 2026) Authorizes between $25 million and $30 million per year for "community resilience and evacuation route grants" on top of equal amounts for "at risk coastal infrastructure grants" Authorizes a total of $6.53 billion (from two funds) for the bridge investment program Sec. 11102: Obligation Ceiling Caps the annual total funding from all laws (with many exceptions) that can be spent on Federal highway programs. Total through 2026: $300.3 billion Sec. 11111: Highway Safety Improvement Program Adds protected bike lanes to the list of projects allowed to be funded by the highway safety improvement project Adds "vulnerable road users" (non-motorists) to the list of people who must be protected by highway safety improvement projects If 15% or more of a state's annual crash fatalities are made up of non-motorists, that state will be required to spend at least 15% of its highway safety improvement project money on projects designed to improve safety for non-motorists. Each state, by the end of 2023, will have to complete a vulnerable road user safety assessment that includes specific information about each non-motorist fatality and serious injury in the last five years, identifies high-risk locations, and identifies possible projects and strategies for improving safety for non-motorists in those locations. Sec. 11119: Safe Routes to School Creates a new program to improve the ability of children to walk and ride their bikes to school by funding projects including sidewalk improvements, speed reduction improvements, crosswalk improvements, bike parking, and traffic diversions away from schools. Up to 30% of the money can be used for public awareness campaigns, media relations, education, and staffing. No additional funding is provided. It will be funded with existing funds for "administrative expenses". Each state will get a minimum of $1 million. Non-profit organizations are eligible, along with local governments, to receive and spend the funding. Non-profits are the only entities eligible to receive money for educational programs about safe routes to school. Sec. 11130: Public Transportation Allows the Transportation Secretary to allocate funds for dedicated bus lanes Sec. 11133: Bicycle Transportation and Pedestrian Walkways Adds "shared micromobility" projects (like bike shares) to the list of projects that can be funded as a highway project Electric bike-share bikes must stop assisting the rider at a maximum of 28 mph to be classified as an "electric bicycle" Subtitle B - Planning and Performance Sec. 11206: Increasing Safe and Accessible Transportation Options. Requires each state, in return for funding, to carry out 1 or more project to increase accessible for multiple travel modes. The projects can be... The enactment of "complete streets standards" (which ensure the safe and adequate accommodation of all users of the transportation system) Connections of bikeways, pedestrian walkways, and public transportation to community centers and neighborhoods Increasing public transportation ridership Improving safety of bike riders and pedestrians Intercity passenger rail There's a way for State's to get this requirement waived if they already have Complete Streets standards in place Subtitle D - Climate Change Sec. 11404: Congestion Relief Program Creates a grant program, funded at a minimum of $10 million per grant, for projects aimed at reducing highway congestion. Eligible projects include congestion management systems, fees for entering cities, deployment of toll lanes, parking fees, and congestion pricing, operating commuter buses and vans, and carpool encouragement programs. Buses, transit, and paratransit vehicles "shall" be allowed to use toll lanes "at a discount rate or without charge" Subtitle E - Miscellaneous Sec. 11502: Stopping Threats on Pedestrians By the end of 2022, the Secretary of Transportation needs to create a competitive grant pilot program to fund "bollard installation projects", which are projects that raise concrete or metal posts on a sidewalk next to a road that are designed to slow or stop a motor vehicle. The grants will pay for 100% of the project costs Appropriates only $5 million per year through 2026 Sec. 11504: Study of Impacts on Roads from Self-driving Vehicles By early 2023, the Transportation Department has to conduct a study on the existing and future effects of self-driving cars on infrastructure, mobility, the environment, and safety. Sec. 11529: Active Transportation Infrastructure Investment Program Creates a grant program authorized for $1 billion total that will fund walking and biking infrastructure projects that each cost $15 million or more and connect communities to each other, including communities in different states, and to connect to public transportation. The Federal government will pay for 80% of the project costs, except in communities with a poverty rate over 40% (the Federal government will pay 100% of the project costs in impoverished communities). TITLE III - MOTOR CARRIER SAFETY Sec. 23010: Automatic Emergency Braking: Automatic Emergency Braking A Federal regulation will be created by November 2023 which will require new commercial vehicles to be equipped with automatic braking systems and there will be performance standards for those braking systems. Sec. 23022: Apprenticeship Pilot Program Creates a three year pilot program, capped at 3,000 participants at a time, for people under 21 to be trained by people over the age of 26 to become commercial truck drivers. Drivers under the age of 21 are not allowed to transport any passengers or hazardous cargo Sec. 23023: Limousine Compliance With Federal Safety Standards A Federal regulation will be created by November 2023 requiring that limousines have a seat belts at every seating position, including side facing seats. TITLE IV - HIGHWAY AND MOTOR VEHICLE SAFETY Subtitle A - Highway Traffic Safety Sec. 24102: Highway Safety Programs Prohibit the Federal Government from withholding highway safety money to the states that refuse to require helmets for motorcycle drivers or passengers who are over the age of 18. Sec. 24103: Highway Safety Research and Development Creates a grant program (by November 2023) that will fund states that want to create a process for notifying vehicle owners about any open recalls on their cars when they register their cars with the DMV. The state receiving the money is only required to provide the notifications for two years and participation in general is voluntary. Creates financial incentives for states to create laws that prohibit drivers from holding "a personal wireless communications device" while driving, has fines for breaking that law, and has no exemptions for texting when stopped in traffic. There are exceptions for using a cell phone for navigation in a "hands-free manner" Creates financial incentives for states to create laws that require curriculum in driver's education courses to include information about law enforcement procedures during traffic stops and the rights and responsibilities of the drivers when being stopped. The states would also have to have training programs for the officers for implementing the procedures that would be explained to drivers. Sec. 24113: Implementation of GAO Recommendations Requires the Secretary of Transportation to implement all of the national-level recommendations outlined in a 2018 GAO report by the end of November 2022. Subtitle B - Vehicle Safety Sec. 24201: Authorization of Appropriations Authorizes a little over $1 billion total for vehicle safety programs from 2022 through 2026 Sec. 24205: Automatic Shutoff By November 2023, the Transportation Department will have to issue a regulation requiring fossil fuel powered vehicles with keyless ignitions to have an automatic shutoff system to prevent carbon monoxide poisoning. The amount of time that must trigger the shut off will be determined by the regulators. If the regulation is issued on time, this would go into effect most likely on September 1, 2024. Sec. 24208: Crash Avoidance Technology The Secretary of Transportation must issue a regulation establishing minimum standards for crash avoidance technology that must be included in all vehicles sold in the United States starting on a date that will be chosen by the Secretary of Transportation. The technology must alert the driver of an imminent crash and apply the breaks automatically if the driver doesn't do so. The technology must include a land departure system that warns the driver that they are not in their lane and correct the course of travel if the driver doesn't do so. Sec. 24215: Emergency Medical Services and 9-1-1 Repeals the part of the law that required the Transportation Department to publish criteria that established timelines and performance requirements for anyone who got a grant to implement the Next Generation 9-1-1 project. Sec. 24220: Advanced Impaired Driving Technology By November 2024, the Secretary of Transportation will have to finish a regulation that requires passenger motor vehicles to be standard equipped with "advanced and impaired driving prevention technology" The technology must be able to monitor the performance of a driver and/or their blood alcohol level and be able to prevent or limit the car's operation if impairment is detected or if the blood alcohol is above the legal limit. This will apply to new cars sold after November 2030 at the latest. Sec. 24222: Child Safety By November 2023, the Secretary of Transportation must finish a regulation requiring all new passenger vehicles to have a system alerting the driver visually and audibly to check the back seat when the car is turned off. Says it will be activated "when the vehicle motor is deactivated by the operator" Hearings The Road Ahead for Automated Vehicles House Committee on Transportation and Infrastructure, Subcommittee on Highways and Transit February 2, 2022 Overview: The purpose of this hearing is for Members of the Subcommittee to explore the impact of automated vehicle deployment, including automated trucks and buses, on mobility, infrastructure, safety, workforce, and other economic and societal implications or benefits. 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)

Congress did a good thing! In this encouraging episode, learn about a new law that saved the Postal Service from financial doom without spending one extra penny in taxpayer money. Then, listen to the highlights from a recent hearing about the electrification of the Postal Service's vehicle fleet. Louis DeJoy may not have sabotaged the 2020 election, but is he sabotaging the effort to transition the Postal Service away from fossil fuels? Executive Producer: Stephen McMahan 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! Background Sources Recommended Congressional Dish Episodes CD220: Postal Service Sabotage Lobbying Open Secrets. Bill Profile: H.R. 3076. “Specific Issues Reports for H.R.3076 by: Blue Cross/Blue Shield, 117th Congress.” Open Secrets. Bill Profile: H.R. 3076. “Clients Lobbying on H.R.3076: Postal Service Reform Act of 2021.” Open Secrets. Darrell Issa: Federal Congressional Candidacy Data “Contributors 1997 - 2022.” Jon Stewart Podcast “Jon Talks about the Media -- and It Talks Back.” March 24, 2022. The Problem with Jon Stewart. The Law H.R. 3076: Postal Service Reform Act of 2022 Full Text Summary Cost Estimate House Vote Breakdown: 342-92 (All no votes GOP) Senate Vote Breakdown: 79-19 (All no votes GOP) H.R.6407 - Postal Accountability and Enhancement Act Became law on December 20, 2006 Vote Breakdown Audio Sources It's Electric! Developing the Postal Service Fleet of the Future House Committee on Oversight and Reform April 5, 2022 The Committee on Oversight and Reform held a hearing to examine the benefits, opportunities, and challenges of electrifying the Postal Service fleet through the acquisition of the Next Generation Delivery Vehicle (NGDV). Witnesses: Tammy L. Whitcomb, Inspector General, U.S. Postal Service Office of Inspector General Victoria K. Stephen, Executive Director, Next Generation Delivery Vehicle, USPS Kenny Stein, Director, Policy, Institute for Energy Research Jill Naamane, Acting Director, Physical Infrastructure Team, General Services Administration Joe Britton, Executive Director, Zero Emission Transportation Association Clips 10:00 Rep. James Comer (R-KY): While Republicans are not against the Postal Service acquiring electric vehicles, we're against mandates that ignore the business needs and the financial situation of the Postal Service. Republicans believe the postal service must be self funded. This means the Postal Service should pay for its own capital needs, like purchasing new vehicles. Meanwhile, Americans can't afford to fill up their gas tanks, let alone buy an electric vehicle. But that isn't stopping Democrats from demanding your mailman has one. 26:30 Tammy L. Whitcomb: Last February, the Postal Service awarded a contract to produce and deploy up to 165,000 new delivery vehicles over the next 10 years. While the contract allows for both electric and gasoline powered vehicles, the Postal Service's current plan is for most of the new vehicles to be gasoline powered. We have two recent reports related to this purchasing decision. One of our reports was a research paper that identified the opportunities and challenges for the Postal Service in adopting these electric vehicles. We found electric vehicles are well suited for most postal routes, and there are clear benefits to their adoption. For example, a large fleet of electric vehicles would help the Postal Service decrease its greenhouse gas emissions and encourage the growth of the electric vehicle market in the United States. Additionally, electric vehicles are more mechanically reliable than gas powered vehicles and require less scheduled maintenance. They would also result in the Postal Service incurring lower and more reliable and stable energy costs. However, there are challenges associated with adopting an electric vehicle fleet. The upfront costs are significantly higher than gasoline powered vehicles. The Postal Service would need to pay a higher per vehicle price and incur the cost of installing the charging infrastructure. The Postal Service has over 17,000 delivery units that may host electric vehicles and the cost and issues associated with installing charging infrastructure will vary by each depending on the parking layout, power availability and required upgrades. Good planning along with early and consistent communication with local governments and utility companies could help overcome these challenges. We found the Postal Service could save money in the long term by deploying electric vehicles on certain routes. For example on longer routes in in areas of the country where gas prices are traditionally higher. The Postal Service might also be able to lower the costs associated with electric vehicles by exploring different mixes of the type and number of chargers. Because many delivery routes are short, it is unlikely that every vehicle would need to plug into a charger every night. There are two other factors that could significantly change the cost benefit analysis of purchasing electric vehicles: federal funding and local incentives. The Postal Service has stated it could achieve full electrification of its delivery fleet if Congress provided $6.9 billion. Incentive programs by local utility companies might also help offset costs. 33:57 Victoria Stephen: Any mix of replacement vehicles will deliver significant reductions in emissions and improvements in fuel economy over our existing long-life vehicles. I would note, however, that we have 12,500 routes over 70 miles in length that are not candidates for electrification today, and another 5000 that require all wheel drive vehicles due to extreme climate conditions. Electrification also comes with the challenge of installing infrastructure at a multitude of postal facilities. 42:36 Jill Naamane: Last month, the Postal Service ordered 50,000 new delivery vehicles including about 10,000 that will be electric. To inform its decision, USPS conducted a total cost of ownership analysis of a range of types of vehicles. information in this analysis included the maintenance and fuel costs of each vehicle. It also developed a model that recommends the lowest cost vehicle for each delivery route, and a mix of vehicles to purchase each year. The model is based on a set of assumptions including information from the total cost of ownership analysis and details on individual delivery routes. 43:28 Jill Naamane: Our preliminary analysis of the model raises questions about the way in which certain assumptions estimate the costs and benefits of the gas and electric vehicles. I'll highlight a few examples. First, the model we reviewed used a 2020 gas price that is almost $2 per gallon less than the current national average. 43:57 Jill Naamane: Second, the model appears to assume maintenance would be more expensive for electric vehicles than gas. This is inconsistent with research we have identified, our interviews with private delivery companies, and Postal Service documents that show electric vehicles are expected to be less expensive to maintain. 44:16 Jill Naamane: Third, the total cost of ownership analysis does not include a reduction in emissions as a benefit of electric vehicles. A separate USPS Environmental Impact Statement found that with no tailpipe emissions, electric vehicles would have this benefit. 44:40 Jill Naamane: I'll turn now to factors that have so far affected the widespread acquisition of electric vehicles in federal fleets. We've previously reported that these factors include the higher upfront costs of electric vehicles and uncertainties around the cost and installation of charging infrastructure. Our ongoing work indicates that these factors remain relevant. For example, USPS officials said the higher upfront cost was a key factor in their decision making. They estimate that the new electric and gas delivery vehicles will not cost the same until 2031. In addition, USPS estimates a range in the cost of installing chargers depending on the site and it is uncertain whether older facilities have sufficient power capacity to support the charging infrastructure. 51:50 Rep. Carolyn Maloney (D-NY): On March 24, the Postal Service placed its first purchase order of 50,000 vehicles with Oshkosh. And although the Postal Service initially insisted it could buy only 5000 electric vehicles in this first order, it doubled that amount to 10,000 after this committee and others began to ask questions. So I'd first like to ask Miss Steven, can you briefly explain what changed the Postal Service's analysis to allow for the increase of EVs in this purchase order? Victoria Stephen: Yes, thank you for the question. The first thing that that it's important to note is that the Postal Service has committed to continuing to reassess changes in the market. And so the point that you and some of the other speakers have made today about changing fuel prices…$2.19 was the price at the time that we prepared the analysis, we have continued to do ongoing analysis on changing fuel prices and sensitivity analysis to determine if that change is our mix. It certainly does. The gas prices are higher today than they were when we prepared the initial analysis. So that's one factor. The other key factor is that through the efforts of you and your colleagues, postal reform is making a big difference for the Postal Service. It allows us the flexibility to consider our capital position differently than prior to the passage of postal reform. So between those two key variables, we were able to go back and assess our ability to increase the proportion of electric vehicles within our financial resources and within our means, and we're happy to do that. 1:44:00 Rep. Clay Higgins (R-LA): What would the Postal Service do right now if a postal service vehicle runs out of fuel on its route? Victoria Stephen: A conventional vehicle today? Rep. Clay Higgins (R-LA): Yes, yes, ma'am. Victoria Stephen: Yeah, we will call our local team and they would— Rep. Clay Higgins (R-LA): And you'd bring in gas pretty quick, wouldn't you? Victoria Stephen: That's right. Rep. Clay Higgins (R-LA): What do you what are you going to do it for the electric postal service vehicle runs out of juice? Victoria Stephen: It's more challenging— Rep. Clay Higgins (R-LA): You're gonna have to tow it. So listen, I say to my colleagues across the aisle, maybe the time has come for this discussion, but let's have it honestly. It's not going to work. We're spending billions of dollars of the people's treasury to accomplish some dream. Not to mention what my colleague has brought up: the raw materials for these batteries being mined by child slave labor overseas. That raw product bought by China is assembled into the finished product by slave labor in China. Do we support that? For God's sakes, let's take a step back. As a committee, we owe it to the American people that we serve to take a hard look at this thing. 2:01:06 Rep. Glen Grothman (R-WI): Some of my colleagues proposed requiring 75% of the vehicles to be electric. Do you think that's a reasonable possibility? Do you think that's really something that could be handled right now? Victoria Stephen: I think it's a bit beyond what our estimates say is possible. When we were asked by some of the congressional committee members and staff throughout the last year to assess how far we could go with our electrification, the response we provided was 70% of our delivery fleet acquisitions over the course of the decade could be electrified if resources were made available. 3:16:05 Rep. Jared Huffman (D-CA): And then there's the problem with the Postal Service assumptions about EV range, a 70 mile vehicle range. In your extensive work in this field, including the vehicles that companies like GM, Ford and rivian? are providing to private fleets, did USPS use the correct assumption about battery range? Joe Britton: No, it is far inconsistent with what we're seeing in the marketplace and I'll give you a couple examples. The Ford eTransit van? gets nearly two miles per kilowatt hour in the battery pack. The workhorse C Series? gets one and a half miles per kilowatt hour in the battery pack. The Arrival van that is being contracted with UPS gets 1.7 miles per kilowatt hour in the battery pack. The USPS assumption is that this vehicle gets seven tenths of a mile per kilowatt hour in the battery pack. The only other vehicle that we have seen that has that inefficient of an electric drive train would be a Class A tractor trailer or semi truck fully weighted down. It is impossible [unintelligible] -- Rep. Jared Huffman (D-CA): And if the model used the correct range assumptions, wouldn't that significantly affect the total cost of ownership analysis, including the number of charging stations needed to support these vehicles? Joe Britton: That's correct. You would not need nearly as many charging stations as the Postal Service is asserting. 3:20:12 Rep. James Comer (R-KY): It's a worthy cause to try to change to try to transfer from fossil fuels to electric vehicles. But the policies in the Biden administration are making that even more difficult than the economics of it. For example, the Biden administration war on coal is making it more difficult to mine coal and to burn coal. I know that from being from a coal burning state and a coal producing state. You have to have coal to make electricity. You also have to have natural gas to make electricity. We have a lot of problems with our energy policy in America from the Biden administration. And he's gonna make electrifying vehicles even more difficult. Senate Session February 8, 2022 Highlighted PDF Clips 20:40 Sen. Mike Lee (R-UT): Because the Postal Service is required to deliver to every American even on unprofitable routes. The postal service may be charging lower than market rates in its service contracts with private companies. This may not only shortchange the Postal Service making further taxpayer bailouts likely, but it could also distort competition in the package delivery market. 22:45 Sen. Mike Lee (R-UT): Senator Scott's amendment would alleviate some of the financial burdens that this bill would impose on taxpayers and the Medicare program by forcing the Postal Service to reimburse Medicare for all of the additional costs that would be created by requiring future postal retirees to enroll in Medicare. 2:38:33 Sen. Rob Portman (R-OH): I would also like to note what this bill does not do because there has been some misinformation out there. One, it does not appropriate new funds to the post office, period. Two, it does not change the accounting or costing structure for packages and letters so it does not disadvantage private-sector carriers. That is very important to me. This is the status quo that we are putting in place here. It does not change the accounting or costing structure for packages and letters. Third, it does not allow the Postal Service to enter into new commercial services like postal banking. That is also very important to me. And contrary to the claims of this bill's opponents, this bill does not impact the solvency of the Medicare hospital trust fund. That is the trust fund we all talk about. It is going belly-up in 2026. It does not affect it, period. CBO has actually written us something saying that, but it just makes sense. People are already in Part A. And this bill does not increase the Medicare Part B and Part D premiums based on the CBO analysis. Why? Partly because it is such a small number of people. Only 25 percent of postal employees were not already in Part B and Part D, so additional ones make very little difference. But part of it is they are paying their premiums. House Session February 8, 2022 Highlighted PDF Clips 37:10 Rep. Darrell Issa (R-CA): The fact is they haven't made a profit since 2006 as they are mandated. The truth is, the post office isn't lacking liquidity, it is bankrupt and nothing in this bill will make the post office truly solvent. It simply wipes out and wipes away debts and shifts the burden onto taxpayers. The bill forgives $46 billion in debts owed by the Postal Service, forcing the taxpayers to pay it. House Committee on Oversight and Reform Business Meeting May 13, 2021 Clip 44:45 Rep. Speier (D-CA): Believe it or not, prohibition has been over for 90 years, but somehow, we never fixed it so that the US Postal Service could be in a position to mail and process liquor and wine. So for 90 years, they have had their hands tied, while others were able to do that task. We can't have the Postal Service break even or even become profitable if we keep tying its hands. So we also have an interest in protecting small businesses, micro breweries, small retail establishments, small wineries. They cannot ship their product because they either have to have the sanctions of the wholesalers or they don't ship. Hearing: Examining the Finances and Operations of the United States Postal Service During COVID-19 and Upcoming Elections Senate Homeland Security and Governmental Affairs Committee August 21, 2020 Watch on YouTube Clips 12:30 Louis DeJoy: Our business model established by the Congress requires us to pay our bills through our own efforts. I view it as my personal obligation to put the organization in a position to fulfill that mandate. With action from the Congress and our regulator, and significant effort by the Postal Service, we can achieve this goal. This year, the Postal Service will likely be reported loss of more than $9 billion. Without change, our losses will only increase in the years to come. It is vital that Congress enact reform legislation that addresses our unaffordable retirement payments. Most importantly, Congress must allow the postal service to integrate our retiree health benefits program with Medicare. Hearing: Financial State of U.S. Postal Service Senate Homeland Security and Governmental Affairs Committee August 6, 2009 Speakers: John Potter, Former Postmaster General David Williams, Former Inspector General, USPS Clips 46:10 David Williams: The Postal accountability and Enhancement Act of 2006 requires the postal service to make 10 annual payments of $5 billion each in addition to the $20 billion already set aside for pre funding its retiree health benefits, the size of the $5 billion payments has little foundation and the current payment method is damaging to the financial viability of the Postal Service even in profitable times. The payment amounts were not actuarially based instead, the required payments were built to ensure that the Postal Act did not affect the federal budget deficit. This seems inexplicable since the Postal Service is not part of the federal budget, does not receive an appropriation for operations and makes its money from the sale of postal services. The payment amounts are fixed through 2016 and do not reflect the funds earnings. Estimates of the Postal Service liability as a result of changing economic circumstances, declining staff size or developments in health Care and pharmaceutical industries. The payments do not take into account the Postal Service's ability to pay and are too challenging even in normal times. 1:10:10 John Potter: And when I look around the world and see what other posts are, if you're in Australia and you want to update your driver's license, renew it, you go to the post office. If you're in Italy and you go into a bank, more than likely going to the post office, if you're in Japan and you want to buy insurance, more than likely you're going to the post office. And if you're in France and you have a cell phone issue, more than likely, again, you're going to the post office. 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)

We have some new laws! In this episode, a brief overview of the government funding law that (finally) funds the government for 2022 and provides money and weapons to Ukraine, a new law that protects drinking water, a new law that slightly reduces the corruption of Puerto Rico's financial oversight board, and a new law that guarantees you rights that corporate contracts have been taking away. 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! Executive Producer Recommended Congressional Dish Episode CD076: Weapons for the World Background Sources Recommended Congressional Dish Episodes CD248: Understanding the Enemy CD244: Keeping Ukraine CD229: Target Belarus CD170: Electrifying Puerto Rico CD147: Controlling Puerto Rico CD128: Crisis in Puerto Rico Recommended Congressional Dish YouTube Videos What is the World Trade System? Revolution of Dignity or Regime Change? Ukraine 2014 Explained. Earmarks Jamie Dupree on Twitter Jamie Dupree. Mar 10, 2022. “Russian oil ban heads to Senate.” Regular Order by Jamie Dupree. Continuing Resolution Mary Ellen McIntire. Mar 9, 2022. “House Democrats' retreat upended by spending bill delays.” Roll Call. Ballotpedia. Updated February 11, 2021. “Election results, 2020: Incumbent win rates by state.” Red Hill Water Contamination Sophia McCullough. Mar 7, 2022. “Pentagon to permanently shut down leaking Red Hill fuel tank facility.” Hawai'i Public Radio. Scott Kim. Mar 4, 2022. “Tap water declared safe for 3 more Pearl Harbor neighborhood zones.” Hawai'i Public Radio. Sophia McCullough. Mar 1, 2022. “Confused about the timeline for the Red Hill fuel storage facility and contaminated water? Read this.” Hawai'i Public Radio. Associated Press, HPR News Staff. Nov 22, 2021. “Navy says 14K gallons of fuel and water leaked from a 'drain line' near the Red Hill facility.” Hawai'i Public Radio. Scott Kim and Catherine Cruz. Oct 27, 2021. “Navy says operator error was the cause of a May fuel leak from the Red Hill storage facility.” Hawai'i Public Radio. Lead Pipes Karen Pinchin. Sep 10, 2019. “The EPA Says Flint's Water is Safe — Scientists Aren't So Sure.” Frontline. Brittany Greeson. “Lead Pipes Are Widespread and Used in Every State.” Natural Resources Defense Council. Puerto Rico Financial Oversight and Management Board for Puerto Rico U.S. District Court for the District of Puerto Rico. Feb 18, 2019. “Informative Motion Regarding Publication and Filing of Final Investigative Report – McKinsey & Company, Inc.” Case: 17-03283-LTS. Forced Arbitration Matt Stoller. Mar 7, 2022. “Monopolies Take a Fifth of Your Wages.” BIG. Laws H.R.2471 - Consolidated Appropriations Act, 2022 House Vote Senate Vote Law Outline DIVISION C: DEPARTMENT OF DEFENSE Title VII: General Provisions Sec. 8139: $300 million from the "Operation and Maintenance, Defense-Wide" account must be used for the Ukraine Security Assistance Initiative The money can be used for "salaries and stipends" of Ukraine's military in addition to equipment and support Sec. 8140: Prohibitions against Russia will not be lifted until "the armed forces of the Russian Federation have withdrawn from Crimea, other than armed forces present on military bases" agreed upon by the Russian and Ukrainian governments. Sec. 8141: "None of the funds made available by this Act may be used to provide arms, training or other assistance to the Azov Battalion. DIVISION K - DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS Title VII: General Provisions Sec. 7047: "None of the funds appropriated by this Act may be made available for the implementation of any action or policy that recognizes the sovereignty of the Russian Federation over Crimea or other territory in Ukraine." This will end when the Secretary of State certifies that "the Government of Ukraine has reestablished sovereignty over Crimea and other territory in Ukraine under the control of Russian-backed separatists." DIVISION N: UKRAINE SUPPLEMENTAL APPROPRIATIONS ACT Title I: Department of Agriculture $100 million for Food for Peace grants Title III: Department of Defense $195.5 million for US military personnel $213 million for Air Force procurement $5.5 billion for operations and maintenance $3.5 billion of this is for replacing weapons given to Ukraine and for "defense services" and "military eduction and training" provided to the Government of Ukraine. Title VI: Department of State Authorizes $4 billion for direct loans to Ukraine and NATO countries, along with permission to reduce or cancel their obligations to pay us back. Amount provided this way "shall not be considered assistance for the purposes of provisions of law limiting assistance to a country" $2.65 billion to countries housing Ukrainians refugees for emergency food and shelter $1.4 billion for refugees $1.12 billion for Ukraine and "other countries" - Poland and Hungary in particular - that are enacting IMF economic reforms and expanding the private sector $650 million for the "foreign military financing program" for Ukraine "and countries impacted by the situation" $647 million for the "Economic Support Fund" which can be transferred to fund activities "related to public engagement, messaging, and countering disinformation." Expands the emergency powers of the President in 2022 to allow him to provide $3 billion in military equipment, services and money to foreign countries and international organizations, instead of the usual limit of $100 million per year Increases the amount of weapons that are allowed to be exported from $2.05 billion to $3.1 billion $120 million for "Transition Initiatives" H.R.6617 - Further Additional Extending Government Funding Act Law Outline DIVISION A - FURTHERING ADDITIONAL CONTINUING APPROPRIATIONS ACT, 2022 Sec. 101: Extends government funding at 2021 levels until March 11, 2022. Allows the Department of Defense to spend their Operations and Maintenance and emergency funds to respond to the Red Hill Bulk Storage Facility spill but caps the spending at $53 million. Adds $250 million to their budget for 2022 to address drinking water contamination caused by the spill. Adds $100 to their budget so they can comply with the Hawaii state order to remove the fuel from the Red Hill facility. H.R.1192 - Puerto Rico Recovery Accuracy in Disclosures Act of 2021 House vote: 429-0 Senate: Unanimous Consent Law Outline Sec 2: Disclosure by Professional Persons Seeking Approval of Compensation Under Section 316 or 317 of PROMESA Requires attorneys, accountants, appraisers, auctioneers, agents, and other professional persons to file a disclosure listing their conflicts of interest with debtors, creditors - or their attorneys and accountants - and the oversight board members, directors, and employees. Failure to file the disclosure, or an incomplete disclosure, will prevent that person from being paid. Being "not a disinterested person" or having an "adverse interest" will also disqualify that person from compensation. This will only apply to cases filed AFTER enactment of this law (January 20, 2022) H.R.4445 - Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 Committee Report House Debate Law Outline Sec. 2: Predispute Arbitration of Disputes Involving Sexual Assault and Sexual Harassment. Invalidates predispute arbitration clauses in contracts if the person alleging sexual harassment or sexual assault or a representative of a class action lawsuit elects to go to court instead of use arbitration. This will apply whether the case is to be filed in Federal, Tribal, or State court. The decision over where the case will be heard will be made by a court, not by an arbitrator regardless of what is in the contract. Sec 3: Applicability Will only apply to any dispute or claim that "arises or accrues" on or after the date of enactment. Hearings and Debate House Debate on H.R. 1192: Puerto Rico Recovery Accuracy in Disclosures Act of 2021 February 23, 2022 Highlighted PDF of debate on the house floor Clips 1:19:09 Jennifer Gonzalez-Colon: Representative Velazquez and myself have proposed this bipartisan initiative in the last two congresses having achieved passage in the house during the last session Rep. Sheila Jackson Lee (D-TX): In response to dire fiscal issues facing Puerto Rico at the time, Congress passed the Puerto Rico oversight management and economic stability Act, or Preska in 2016. That legislation established the financial oversight and management board with control over Puerto Rico's budget laws, financial plans and regulations and the authority to retain professionals to assist the board in executing its responsibilities. Rep. Nydia Velázquez (D-NY): The Puerto Rico recovery accuracy in disclosures act of 2021 or product eliminates a double standard currently facing Puerto Rico. On the US Code and federal bankruptcy procedure. Any conflicts of interest or even the perception of such conflict between those working on the bankruptcy and the debtor there are required to be disclosed. However, a loophole in the current law prevents this requirement from being extended to the people of Puerto Rico. Rep. Dan Bishop (R-NC): Most significantly the gap in the 2016 law created a potential for undisclosed compensation terms and undiscovered conflicts of interest visa vi parties and interest for professional serving in Puerto Rico's bankruptcy. Resident Commissioner Jenniffer González Colon: Learning that someone was involved in businesses of one of the parties in the case only after they are named and working on the case does not create assurance of their commitment to the best interest of Puerto Rico or even managing the depth. Rep. Dan Bishop (R-NC): This builds disclosure and oversight requirements increase the likelihood that conflicts of interest will be caught and timely addressed before compensation decisions are made. Rep. Nydia Velázquez (D-NY): While we can have different opinions on how effectively the oversight board is carrying out its mission, one thing should be clear. The island's residents should be entitled to the same rights and protections of any debtor on the mainland. House Debate on H.R.4445 - Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 February 7, 2022 Highlighted PDF of debate on the house floor Clips 9:21 Rep. Michelle Fischbach (R-MN): If H.R. 4445 becomes law contracts will be far less likely to include the option to arbitrate. 10:28 Rep. Michelle Fischbach (R-MN): Why are some in Congress so intent on taking this legislation forward today? For years, Democrats have tried to gut arbitration agreements for all kinds of different claims and plaintiffs. If Democrats had their way, everyone from consumers to civil rights plaintiffs, to those with antitrust claims, to individuals using financial service products and others would not be able to contract in advance to resolve disputes through arbitration. 47:33 Rep. Jim Jordan (R-OH): We know that if parties can't agree in advance to arbitrate then they are unlikely to agree to arbitrate after there has been a dispute. As a result, the plaintiff may never get to arbitration. Red Hill Bulk Fuel Storage Facility: The Current Crisis, the Response, and the Way Forward House Armed Services Committee, Subcommittee on Readiness January 11, 2022 This hearing conducted oversight into the Navy's maintenance of the Red Hill Bulk Fuel Storage Facility, the Navy's investigation into and response to the November 2021 release of fuel from Red Hill facility impacting drinking water, its impacts on service members and civilians, clean-up and remediation efforts, and next steps forward. Witnesses: Vice Admiral Yancy Lindsey, Commander, Navy Installations Command Rear Admiral Blake Converse, Deputy Command, U.S. Pacific Fleet Rear Admiral John K. Korka, Commander, Naval Facilities Engineering Systems Command Chief of Civil Engineers Rear Admiral Peter Stamatopoulos, Supply Corps, United States Navy, Commander, Naval Supply Systems Command and 49th Chief of Supply Corps Captain Michael McGinnis Pacific Fleet Surgeon, Commander, U.S. Pacific Fleet Clips 9:05 Rep. John Garamendi (D-CA): Why does Red Hill exist in the first place? Even before the attack on Pearl Harbor, the United States had grown concerned about the vulnerability of above ground fuel storage tanks in 1940. The construction began on the Red Hill bulk fuel storage facility, a one in a kind engineering innovation that secured the fuel from enemy aerial attack. The facility holds 250 million gallons of fuel in 20 steel lined underground tanks encased in concrete. These tanks are connected to three gravity fed pipelines, running two and a half miles to Pearl Harbor fuel appears. However, a statistic less commonly quoted by the DoD is that the facility is also 100 feet above the groundwater aquifer that provides water to the residents of Oahu. Thus, it has always been the responsibility of the military to ensure that these tanks are maintained in a manner that not only protects the wartime fuel supply, but the people have a Oahu water supply 18:45 Rear Admiral Blake Converse: I want to start by saying that the Navy caused this problem, we own it, and we're gonna fix it. 19:45 Rear Admiral Blake Converse: Beginning on November 28, residents of certain neighborhoods on our Joint Base Pearl Harbor Hickam here in Hawaii in military housing began recording vapors, discoloration and contamination of the water provided by the Navy. The Red Hill shaft well, which sits near the Navy's Red Hill bulk fuel storage facility was immediately suspected to be the source of this contamination as that was the source of the drinking water for those affected neighborhoods. So it was shut down that evening, November 28. And it just remained isolated since that day. Later, samples from the Red Hill shaft well would confirm the presence of petroleum contamination. 39:40 Captain Michael McGinnis: Medical teams have screened over 5900 patients during this event. The vast majority were conducted within the first two weeks of our response. patient's symptoms were consistent with an acute environmental exposure event. patient's symptoms consistent with the following nausea, vomiting, headache, diarrhea, skin or eye irritation. Once patients were removed from the water source, the symptoms rapidly resolved. 42:12 Rear Admiral Blake Converse: Our best information is that this recent spill was due to operator error. 1:31:45 Rep. Kaiali'i Kahele (D-HI): Tanks number three, number four and number 11 have not been inspected for approximately 40 years. So my question to Navy Supply Systems Command is why are these tanks still in operation? And how can you assure this committee and the people of Hawaii that tanks three, four and 11, that have not even been looked at in the last 40 years, are safe to use and meet current API 653 guidelines for bulk fuel storage underground facilities. Rear Admiral Peter Stamatopoulos: Yes, sir. Thank you for the question. Yes, you are correct. There are tanks, as you mentioned, that have been out of periodicity for quite a long time. 1:41:27 Rep. Jackie Speier: Are the commanding officers and our executive officers that are assigned to Red Hill trained in petroleum management? Rear Admiral Peter Stamatopoulos: I'll take that question ma'am. The answer is no. Impact of Continuing Resolutions on the Department of Defense and Services House Committee on Appropriations, Subcommittee on Defense January 12, 2022 Witnesses: General David H. Berger, Commandant of the U.S. Marine Corps General Charles Q. Brown, Jr., Chief of Staff of the U.S. Air Force Admiral Michael Gilday, Chief of Naval Operations of the U.S. Navy General Joseph M. Martin, Vice Chief of Staff of the U.S. Army Mike McCord, Under Secretary of Defense (Comptroller) General John W. Raymond, Chief of Space Operations of the U.S. Space Force Clips 29:51 Mike McCord: First, as I believe you're all aware a full year CR, we reduce our funding level below what we requested and what we believe we need. On the surface at the department level as a whole, the reduction to our accounts would appear to be about a billion dollars below our request, which would be significant. Even if that was the only impact. The actual reduction in practice will be much greater. Because we would have significant funding that's misaligned, trapped or frozen in the wrong places and unusable because we don't have the tools or flexibilities to realign funds on anything like the scam we would need to fix all the problems that the chiefs are going to describe. 30:27 Mike McCord: I know all of you are very familiar with the fact that virtually all military construction projects in each year's budget including the FY 22 budget are new starts that cannot be executed under a CR. 34:00 Mike McCord: The six longest CRs in the history of the Defense Department have all occurred in this last 12 year period. We have turned a 12 month fiscal year into an eight month fiscal year in terms of our ability to initiate new starts and enter contracts. This should be unacceptable and not the new normal. It's hard to see this full impact because or in the inefficiency from looking from outside because the organization has of course adapted to its circumstances just as organisms do. Nobody plans to enter into contracts in the first quarter of a fiscal year now because the odds that we would actually be able to do so are so low. Therefore we in turn, have no significant contract delays to report to you when we're under a CR. 1:44:02 Rep. Mike Rogers (R-MI): This is about decreasing domestic spending and increasing defense spending. 1:44:20 **Rep. Betty McCollum (D-MN):**This was my effort to quash those who are talking about year long CRs. No one on the Appropriations Committee is, yet you see things in the news. And unfortunately, sir, it's usually from your side of the aisle, and I'll pull it again. And it's a December 1 quote, and I can get you the gentlemen, the person who said it. Republicans should be in favor of a CR until Biden is out of office, so they're not going to talk about a one year CR. That would be the proper Republican thing to do. And anybody saying otherwise is deeply foolish. I know you and I, sir, do not agree with that sentiment. And my my goal here is to educate other members who don't understand the appropriations process as well as you and I, and many other of our colleagues that we serve alongside with. Silenced: How Forced Arbitration Keeps Victims of Sexual Violence and Sexual Harassment in the Shadows House Committee on the Judiciary, Subcommittee on Antitrust, Commercial, and Administrative Law January 16, 2019 Witnesses: Eliza Dushku, Actor/Producer & Graduate Student Myriam Gilles, Professor of Law, Paul R. Verkuil Chair in Public Law, Benjamin N. Cardozo School of Law Lora Henry, Canton, OH Andowah Newton, New York, NY Sarah Parshall Perry, Legal Fellow, Edwin Meese III Center for Legal and Judicial Studies, The Heritage Foundation Tatiana Spottiswoode, Law Student, Columbia Law School Anna St. John, President and General Counsel, Hamilton Lincoln Law Institute Clips 30:59 Anna St. John: Instead, it's worth considering that taking away the possibility of arbitration for these victims is a top-down, heavy handed approach that denies them the advantages of arbitration as a means of adjudicating their claims. 41:04 Sarah Parshall Perry: Since the 1980s, the progressive leadership of this and the upper chamber has sought to curtail the protections of the Federal Arbitration Act through bills including the Arbitration Fairness Act, Arbitration Fairness for Students Act, Consumer Mobile Fairness Act, Fairness and Nursing Homes Act, Sonsumer Fairness Act, Restoring Statutory Rights and Interests of the States Act, the Forced Arbitration Justice Repeal Act and many, many more. 47:13 Sarah Parshall Perry: arbitration agreements are not mandatory. No one, and the Supreme Court has held, is forced to sign a contract. But curtailing access to arbitration would injure, in the end, the very people that Congress has sought for nearly a century to protect. 54:50 Myriam Gilles: First, the entire regime is shrouded in secrecy. And not just because victims want to keep these issues confidential, which by the way is up to them, right? They should have the autonomy and the choice to decide. But because companies want to keep this stuff under wraps, they want to hide and shield sexual predators, and they don't want their business in the public eye. They don't want to deal with regulators or even with lawsuits. The secrecy here on its own just makes this a terrible way to deal with sexual harassment because it means that victims of sexual violence in the workplace who bravely tried to come forward are prohibited from telling their stories in a public forum. Instead, they're forced into this private process where everything is under wraps and siloed. Right, so this is the second bad thing. Victims can join together, even when their injuries stem from the same wrongdoing, even when they've occurred at the hands of the same perpetrator. Even when the company's tolerance for sexual harassment is structural and pervasive. Victims have to go it alone, never knowing about one another. They have to go into arbitration single file. I don't know where all these statistics are coming from about how great arbitration is how people win it all the time, because the truth is, no one goes into arbitration because it's siloed because it's secret because they don't know about what else is going on in the workplace. The secrecy that blankets these individualized proceedings prevents one victim from ever learning whether others right in the cubicle next to them might have experienced the same, the same tragedies, the same traumas and when vid when survivors are in the dark about cases filed by others in the workplace that makes coming forward that makes being the first person to come forward that much harder. As a corollary, and this is an important corollary, the relief that is available to the individual claimant doesn't prevent the wrongdoer from preying on other women doesn't prevent the predator from having all sorts of misconduct against other women in the workplace. The proceedings are one on one and the relief that arbitrators are allowed by contract to grant is individualized. They can't ever order any changes beyond what can help this one individual that happens to have the courage to come before them. I mean, can you imagine a worse system for dealing with toxic corporate culture because I can't. Third, and I think this is really important and all the survivors who've spoken about this forced arbitration is a system where the employers write the rules, and they pick the arbitral provider. Which means that victims of sexual harassment are shunted into a regime that stacked against them from the get go. First, because the arbitrators economic interest is to be very good to the repeat player employer so that they can be chosen for another arbitration next time. So the repeat player problem has been well documented, and I think it's alive and well in arbitration. And the secrecy protects that. And second, because the employer designs the entire arbitration process, it does so to serve its interests, not the interests of its workers, but its interests which again, are to keep discrimination and harassment under a veil of secrecy and out of the public eye. So given all of these things, given how bad this system is for victims of sexual harassment, it's no wonder that so few ever decide to go into private arbitration. I wouldn't. I think it sounds terrible. 1:04:00 Myriam Gilles: When an arbitration complaint is filed, it's filed in secret. In other words, the only entities that know that the arbitration has even been filed are the the employer, the employer, the complaining employee and the arbitration entity. The AAA or JAMS are one of these arbitration providers. Nobody else knows. Contrast that with court. I go down to the DC District Court today and I file a complaint, that complaint is on the public record. Right. And so as the defendants answer or motion to dismiss all the pleadings, their public litigation in the public court system, it has power, and the power it has is the power of signaling, not only to the defendant that I've sued, but to all similarly situated defendants that this is a wrong. This person has complained about something she's told her story, and she plans to prove it. None of that happens in arbitration from the beginning. It is private throughout the entire proceeding, which is held in a secret location, no public no press. All of it is private. Arbitrators don't write decisions. There are only three states in the union that currently require minimal disclosure of arbitrations pretty redacted and hard to read. If you're a researcher like I am about these issues. Other than that, everything that happens in arbitration is a black box. 1:32:18 Tatiana Spottiswoode: And the forced arbitration is so unfair. Rep. Darrell Issa (R-CA): I understand you you think forced arbitration is unfair, that's great. Most of the people on that side want to eliminate it for everything not just situations like this. Other representative: will the gentleman yield for a question? Rep. Darrell Issa: I will not. 1:49:15 Myriam Gilles: The FAA was enacted in 1925. But it was enacted so that sophisticated business people could negotiate for arbitration provisions and those provisions would be respected by courts. It was never intended to be imposed via standard form contract. And in fact, if you read the legislative history, if you read the legislation, it accepts and exempts employees. So the idea that the FAA applies to employees is something that was created by a conservative majority of the Supreme Court in 1991, in a case called Circuit City, sorry, first actually was Gilmer and then Circuit City, I can't keep all the bad cases straight. And those are the cases in which the Court interpreted, I would say misinterpreted, the FAA to apply to employees like this. So that now employers can just stick these clauses into job applications, orientation materials, even an innocuous email from HR can include a forced arbitration clause. That was not what the 1925 Congress intended they they'd be rolled, they should be rolling in their in their grades. This is not what they intended. This is what a Supreme Court intent on protecting corporations intended beginning in the 1990s. 2:39:26 Rep. Michelle Fischbach (R-MN): You know what's happened to so many women and others in the workplace is terrible but I really am concerned that by involving the government in these contracts between adults in the area of sexual harassment and assault we're opening a door for more government involvement in other areas of contracts. 2:42:09 Rep. Michelle Fischbach (R-MN): And I would argue that you have you sign it it is not you know even though we use the it's forced arbitration as people are saying it's not really you you have signed something that you have agreed to it. Justice Denied: Forced Arbitration and the Erosion of Our Legal System House Committee on the Judiciary November 16, 2021 Witnesses: Gretchen Carlson, Journalist and Advocate Myriam Gilles, Paul R. Verkuil Chair in Public Law, Benjamin N. Cardozo School of Law Phil Goldberg, Managing Partner, Shook, Hardy & Bacon L.L.P. Deepak Gupta, Founding Principal, Gupta Wessler PLLC Andrew Pincus, Partner, Mayer Brown L.L.P. Lieutenant Commander Kevin Ziober, Lieutenant Commander, U.S. Navy Reserves Clips 26:35 Rep. James Sensenbrenner (R-WI): You'll hear a different view from me. Eliminating arbitration achieves one thing, it enriches trial attorneys. 29:11 Rep. James Sensenbrenner (R-WI): The AAJ, or American Association for Justice, is the nice sounding name of the plaintiffs attorneys lobbying organization. It also happens to be a huge donor to Democratic candidates, contributing millions of dollars each cycle to their campaigns. 29:52 Rep. Jamie Raskin (D-MD): Mr. Chairman, point of order. Rep. David Cicilline (D-RI) What is your point of order? Rep. Jamie Raskin: My question is just can we impute the policy positions that members of the committee take to campaign contributions? Because if so, I think I'd be doing it a lot more frequently. I thought that's something that we don't do. Rep. David Cicilline: It's an excellent point of order, I'm sure Mr. Sensenbrenner didn't intend to communicate that in that way. Rep. Jamie Raskin: We're gonna be hearing a lot more of that in our committee if that's permissible, but I'm just curious. Maybe we can have some research done. Rep. James Sensenbrenner: Will the gentleman yield? Rep. David Cicilline: I think we don't need to engage with you. I this is an important issue with strongly held beliefs on both sides. [crosstalk] 36:00 Rep. Jerry Nadler (D-NY): We used to have a concept in law. When I went to law school they still taught it called contracts of adhesion where a contract was unenforceable if one party had no choice in entering into it. All of these arbitration clauses almost are contracts of adhesion. You try when you want to get a credit card, try crossing out the fine print if you can find it without the magnifying glass that that says that you will settle all all disputes in arbitration, cross it out, see if you get the credit card. See if you get the bank loans if you get the mortgage. You have no see if you get the car loan, you have no choice. 1:42:00 Gretchen Carlson: arbitration means that you have no way of knowing that anyone else is facing the same thing within the confines of the workplace structure. There's no way to know because the whole process is secret. And as I described during my testimony, if you do muster up the courage to go and complain, and you have an arbitration clause, that's a good day for the company, because no one will ever know anything about your story. The worst ramification of all of this is that the perpetrator gets to stay in the job. And I think one of the reasons that we've seen this cultural revolution that we're experiencing right now is because the American public was actually so angry about hearing about these stories, and they were wondering, why didn't we know about this? And the reason they didn't know about it, is because of forced arbitration. 2:00:30 Deepak Gupta: I've gone back and looked at the history of the act from 1925. People weren't blind to the possibility of abuse. They raised these concerns before this, this committee, in fact, and the and the architects of the legislation were clear, this is about letting businesses have equal bargaining power that want to resolve their disputes out of court, letting them do that, and I have no objection to that. That makes perfect sense. But but the the drafters were clear this is not about foisting this on people who don't consent through, take it or leave it contracts. And in fact, Congress put in a provision section one of the Federal Arbitration Act that says this shall not apply to any class of workers. Remarkably, the Supreme Court has read that language to mean precisely the opposite. And now it can apply to any class of workers. And so so we have just we've strayed so far away from what Congress intended in 1925. And that's why only this body Congress can set things right. 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)

Russian President Vladimir Putin has launched an illegal, unjustified war against Ukraine and Putin himself is the only person who can stop the war immediately. In this episode, we seek to understand why President Putin has launched this horrific war in order to judge our country's ability to bring the war to a quicker end. 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! Background Sources Recommended Congressional Dish Episodes CD244: Keeping Ukraine CD186: National Endowment for Democracy CD168: Nuclear Desperation Ukraine Civil War Alan MacLeod. Feb 22, 2022. “Documents Reveal US Spent $22 Million Promoting Anti-Russia Narrative in Ukraine & Abroad.” The Washington Standard. Office of the High Commissioner for Human Rights. Oct 8, 2021. “Conflict-related civilian casualties in Ukraine.” United Nations. Andrew Higgins and Peter Baker. Feb 6, 2014. “Russia Claims U.S. Is Meddling Over Ukraine.” The New York Times. NATO Expansion Becky Sullivan. Updated Feb 24, 2022. “How NATO's expansion helped drive Putin to invade Ukraine.” NPR. Henry Meyer and Ilya Arkhipov. Dec 17, 2021. “Russia Demands NATO Pullback in Security Talks With U.S.” Bloomberg. Joe Dyke. Mar 20, 2021. “NATO Killed Civilians in Libya. It's Time to Admit It.” Foreign Policy. NATO. Updated May 5, 2020. “Enlargement.” NATO. 2020. “The Secretary General's Annual Report.” National Security Archive. December 12, 2017. “NATO Expansion: What Gorbachev Heard.” Arms Control Association. “The Debate Over NATO Expansion: A Critique of the Clinton Administration's Responses to Key Questions.” “Record of conversation between Mikhail Gorbachev and James Baker in Moscow. (Excerpts.)” February 9, 1990. National Security Archive. “Ukraine: The Orange Revolution and the Yushchenko Presidency.” In The Encyclopedia Britannica. NATO in Ukraine Xinhua. Nov 14, 2021. “Ukraine, NATO countries hold naval drills in Black Sea.” News.cn Chad Menegay and Aimee Valles. Sept 22, 2021. “US, NATO, Ukraine enhance interoperability with Rapid Trident exercise.” NationalGuard.mil Reuters. April 3, 2021. “Ukraine and Britain to Hold Joint Military Drills.” U.S. News and World Report. NATO Allied Maritime Command. Mar 17, 2021. “NATO forces train with the Ukrainian Navy.” European Deterrence Initiative Paul Belkin and Hibbah Kaileh. Updated July 1, 2021. “The European Deterrence Initiative: A Budgetary Overview” [IF10946.] Congressional Research Service. Weapons Treaties TASS. Feb 21, 2022. “Europe won't understand Kiev talking of regaining nuclear weapons — Russian diplomat.” Center for Arms Control and Non-proliferation. Updated March 2021. “Fact Sheet: Anti-Ballistic Missile (ABM) Treaty.” Arms Control Association. Last reviewed August 2019. “The Intermediate-Range Nuclear Forces (INF) Treaty at a Glance.” General Dynamics General Dynamics. “Corporate Governance: Board of Directors.” Russia-China Alliance Chen Aizhu. Feb 4, 2022. “Russia, China agree 30-year gas deal via new pipeline, to settle in euros.” Reuters. Robin Brant. Feb 4, 2022. “China joins Russia in opposing Nato expansion.” BBC News. Sanctions Matina Stevis-Gridneff. Feb 25, 2022. “European Leaders Agree to a Second Wave of Russia Sanctions.” The New York Times. Congressional Response Joe Gould. Feb 22, 2022. “Emergency funding proposal for Ukraine gets bipartisan backing in Congress.” Defense News. Reuters. Feb 25, 2022. “U.S. providing $600 mln for Ukraine defensive weapons -House Speaker Pelosi.” Reuters. Images State Property Fund of Ukraine USAID Partnership Audio Sources House Speaker Weekly Briefing February 23, 2022 YouTube Version Overview: At her weekly briefing House Speaker Nancy Pelosi (D-CA), along with several of her Democratic colleagues, talked about the situation in Ukraine and President Biden's sanctions after Russia recognized the independence of Donetsk and Luhansk in the Donbas region. Clips 10:25 Rep. Adam Schiff (D-CA): Putin is terrified by the prospect of a democracy at his border. A democracy, giving an example to the Russian people of the kind of life and economy they might enjoy if they cast aside their own autocrat. This is, I think, one of the preeminent motivations of Vladimir Putin. 15:32 Rep. Barbara Lee (D-CA): I chair the House Appropriations Subcommittee on State and Foreign operations, which oversees many of the resources to assist the Ukrainian people through this crisis. This includes our economic assistance to Ukraine, including loan guarantees. Economic assistance would come through the economic support accounts for Europe, Eurasia and Central Asia, those of the accounts that would come through. Without getting in too many of the weeds, I wanted to just mention that because it's an effort that we're looking at now in terms of our funding. It also includes humanitarian plans, including funding for refugees, God forbid, and for those internally displaced by conflict. The administration has committed to us that in the event of conflict, there is a need over the next 12 months of at least $1 billion for humanitarian needs. So I support the efforts of the administration also to bolster Ukraine's economy, including the proposed $1 billion in loan guarantees to continue with Ukraine's economic reforms. 22:08 Rep. Nancy Pelosi (D-CA): I will just close by saying this: I had the privilege of going with President Clinton, who invited four members of Congress House and Senate, Democrat and Republican, the Senate Democrat was Senator Joe Biden. And we went to the expansion of NATO meeting in Paris. And it was all the heads of state of the then NATO countries who spoke and it was so beautiful because they all spoke in such a positive way about NATO. We thought like we were NATO and they were also NATO, they had ownership and agency in possession of the NATO possibilities. The representative of Russia who was there was Boris Yeltsin. And he was very ebullient, but he was welcoming to what was called was the expansion we had supported in our own country, the Baltic States, Poland, others countries becoming what was called the Partnership for Peace and it included many countries. Now Putin is saying push it back to pre-1997. Don't ever try to add another country and remove weapons out of Eastern Europe. That's what he wanted. No, that was not going to happen. 33:35 Rep. Nancy Pelosi (D-CA): What is this about? The people of Hung -- many of us have visited Ukraine and have seen that they love democracy. They do not want to live under Vladimir Putin. He does not want the Russian people to see what democracy looks like. And therefore he wants to bring them under his domain. 35:15 Rep. Nancy Pelosi (D-CA): When we talk about the president, he's doing the sanctions. He has a full picture of all this. As I said, he was present there the day of the expansion of NATO. I saw the respect he commanded then, and that was 1997, by the heads of state of all those countries, and of course, that has only grown over time, by his leadership, but also the expansion of NATO. I think we're very well served, I respect his judgement. And again, it's not just about when you do the sanctions, or how you support the people. It's about how the world views what Putin is doing. This is a very evil move on the part of Vladimir Putin. President Biden Remarks on Russia and Ukraine February 22, 2022 YouTube Version Transcript Overview: During an address, President Biden announced new sanctions against Russia in response to President Vladimir Putin sending Russian troops into separatist regions of Ukraine. Clips 1:57 President Biden So, today, I'm announcing the first tranche of sanctions to impose costs on Russia in response to their actions yesterday. These have been closely coordinated with our Allies and partners, and we'll continue to escalate sanctions if Russia escalates. We're implementing full blocking sanctions on two large Russian financial institutions: V.E.B. and their military bank. We're implementing comprehensive sanctions on Russian sovereign debt. That means we've cut off Russia's government from Western financing. It can no longer raise money from the West and cannot trade in its new debt on our markets or European markets either. Starting tomorrow [today] and continuing in the days ahead, we will also impose sanctions on Russia's elites and their family members. They share in the corrupt gains of the Kremlin policies and should share in the pain as well. And because of Russia's actions, we've worked with Germany to ensure Nord Stream 2 will not — as I promised — will not move forward. 3:23 President Biden: Today, in response to Russia's admission that it will not withdraw its forces from Belarus, I have authorized additional movements of U.S. forces and equipment already stationed in Europe to strengthen our Baltic Allies — Estonia, Latvia, and Lithuania. Let me be clear: These are totally defensive moves on our part. We have no intention of fighting Russia. We want to send an unmistakable message, though, that the United States, together with our Allies, will defend every inch of NATO territory and abide by the commitments we made to NATO. 4:22 President Biden: Russian forces remain positioned in Belarus to attack Ukraine from the north, including war planes and offensive missile systems. Russia has moved troops closer to Ukraine's border with Russia. Russia's naval vessels are maneuvering in the Black Sea to Ukraine's south, including amphibious assault ships, missile cruisers, and submarines. Russia has moved supplies of blood and medical equipment into position on their border. You don't need blood unless you plan on starting a war. 6:25 President Biden: I'm going to take robust action and make sure the pain of our sanctions is targeted at the Russian economy, not ours. We are closely monitoring energy supplies for any disruption. We're executing a plan in coordination with major oil-producing consumers and producers toward a collective investment to secure stability and global energy supplies. This will be — this will blunt gas prices. I want to limit the pain the American people are feeling at the gas pump. This is critical to me. 7:37 President Biden: Yesterday, the world heard clearly the full extent of Vladimir Putin's twisted rewrite of history, going back more than a century, as he waxed eloquently, noting that — well, I'm not going to go into it, but nothing in Putin's lengthy remarks indicated any interest in pursuing real dialogue on European security in the year 2022. 8:04 President Biden: He directly attacked Ukraine's right to exist. He indirectly threatened territory formerly held by Russia, including nations that today are thriving democracies and members of NATO. He explicitly threatened war unless his extreme demands were met. And there is no question that Russia is the aggressor. Russian President Putin Statement on Ukraine February 21, 2022 YouTube Version Transcript Overview: Russian President Vladimir Putin announced after a Security Council meeting that Russia would recognize the independence of the separatist republics of Donetsk and Luhansk in Ukraine's Donbas region. Clips 00:15 President Putin: I would like to emphasise again that Ukraine is not just a neighbouring country for us. It is an inalienable part of our own history, culture and spiritual space. These are our comrades, those dearest to us – not only colleagues, friends and people who once served together, but also relatives, people bound by blood, by family ties. 1:22 President Putin: I would like to start by saying that the modern Ukraine was completely created by Russia. To be more exact, Bolshevist, partially communist Russia. This process started almost immediately after the 1917 revolutions, leading and planning and his group of supporters did it in a rough way. If we talk about Russia, they were alienating parts of historical territories of Russia. And millions of people who live there, obviously no one asked anything. Then before the Great Patriotic War, Stalin added to the USSR and handed over some lands that belonged to Poland and Hungary, and as a compensation gave some ancient German lands to Poland. And the 1960s crucial decision to take Crimea away from Russia and also gave it to Ukraine. That's how the territory of Soviet Ukraine was formed. 3:05 President Putin: We cannot help but react to this real threat, especially since I would like to reiterate that Western backers they can help Ukraine with getting this weapon to create yet another threat for our country because we can see how consistently they are pumping Ukraine with weapons. The United States alone starting from 2014 transferred billions of dollars including the arm supply training personnel. In recent months, Western weapons are sent to Ukraine given ceaselessly in front of the eyes of the entire world 7:05 President Putin: Actually, as I have already said, Soviet Ukraine is the result of the Bolsheviks' policy and can be rightfully called “Vladimir Lenin's Ukraine.” He was its creator and architect. This is fully and comprehensively corroborated by archival documents, including Lenin's harsh instructions regarding Donbass, which was actually shoved into Ukraine. And today the “grateful progeny” has overturned monuments to Lenin in Ukraine. They call it decommunization. You want decommunization? Very well, this suits us just fine. But why stop halfway? We are ready to show what real decommunizations would mean for Ukraine. 9:31 President Putin: Everything seemed to be working well in conditions of the totalitarian regime, and outwardly it looked wonderful, attractive and even super-democratic. And yet, it is a great pity that the fundamental and formally legal foundations of our state were not promptly cleansed of the odious and utopian fantasies inspired by the revolution, which are absolutely destructive for any normal state. 10:05 President Putin: It seems that the Communist Party leaders were convinced that they had created a solid system of government and that their policies had settled the ethnic issue for good. But falsification, misconception, and tampering with public opinion have a high cost. The virus of nationalist ambitions is still with us, and the mine laid at the initial stage to destroy state immunity to the disease of nationalism was ticking. As I have already said, the mine was the right of secession from the Soviet Union. 13:55 President Putin: Even two years before the collapse of the USSR, its fate was actually predetermined. It is now that radicals and nationalists, including and primarily those in Ukraine, are taking credit for having gained independence. As we can see, this is absolutely wrong. The disintegration of our united country was brought about by the historic, strategic mistakes on the part of the Bolshevik leaders and the CPSU leadership, mistakes committed at different times in state-building and in economic and ethnic policies. The collapse of the historical Russia known as the USSR is on their conscience. 14:39 President Putin: It was our people who accepted the new geopolitical reality that took shape after the dissolution of the USSR, and recognised the new independent states. Not only did Russia recognise these countries, but helped its CIS partners, even though it faced a very dire situation itself. This included our Ukrainian colleagues, who turned to us for financial support many times from the very moment they declared independence. Our country provided this assistance while respecting Ukraine's dignity and sovereignty. According to expert assessments, confirmed by a simple calculation of our energy prices, the subsidised loans Russia provided to Ukraine along with economic and trade preferences, the overall benefit for the Ukrainian budget in the period from 1991 to 2013 amounted to $250 billion. 21:24 President Putin: A stable statehood has never developed in Ukraine; its electoral and other political procedures just serve as a cover, a screen for the redistribution of power and property between various oligarchic clans. Corruption, which is certainly a challenge and a problem for many countries, including Russia, has gone beyond the usual scope in Ukraine. It has literally permeated and corroded Ukrainian statehood, the entire system, and all branches of power. Radical nationalists took advantage of the justified public discontent and saddled the Maidan protest, escalating it to a coup d'état in 2014. They also had direct assistance from foreign states. According to reports, the US Embassy provided $1 million a day to support the so-called protest camp on Independence Square in Kiev. In addition, large amounts were impudently transferred directly to the opposition leaders' bank accounts, tens of millions of dollars. 23:37 President Putin: Maidan did not bring Ukraine any closer to democracy and progress. Having accomplished a coup d'état, the nationalists and those political forces that supported them eventually led Ukraine into an impasse, pushed the country into the abyss of civil war. 26:30 President Putin: In fact, it all came down to the fact that the collapse of the Ukrainian economy was accompanied by outright robbery of the citizens of the country, and Ukraine itself was simply driven under external control. It is carried out not only at the behest of Western capitals, but also, as they say, directly on the spot through a whole network of foreign advisers, NGOs and other institutions deployed in Ukraine. They have a direct impact on all the most important personnel decisions, on all branches and levels of government: from the central and even to the municipal, on the main state-owned companies and corporations, including Naftogaz, Ukrenergo, Ukrainian Railways, Ukroboronprom, Ukrposhta , Administration of Sea Ports of Ukraine. There is simply no independent court in Ukraine. At the request of the West, the Kiev authorities gave representatives of international organizations the pre-emptive right to select members of the highest judicial bodies - the Council of Justice and the Qualification Commission of Judges. In addition, the US Embassy directly controls the National Corruption Prevention Agency, the National Anti-Corruption Bureau, the Specialized Anti-Corruption Prosecutor's Office, and the Supreme Anti-Corruption Court. All this is done under a plausible pretext to increase the effectiveness of the fight against corruption. Okay, but where are the results? Corruption has blossomed as luxuriantly, and blooms, more than ever. Are the Ukrainians themselves aware of all these managerial methods? Do they understand that their country is not even under a political and economic protectorate, but reduced to the level of a colony with a puppet regime? The privatization of the state has led to the fact that the government, which calls itself the "power of patriots", has lost its national character and is consistently leading the matter towards the complete desovereignization of the country. 31:04 President Putin: In March 2021, a new Military Strategy was adopted in Ukraine. This document is almost entirely dedicated to confrontation with Russia and sets the goal of involving foreign states in a conflict with our country. The strategy stipulates the organisation of what can be described as a terrorist underground movement in Russia's Crimea and in Donbass. It also sets out the contours of a potential war, which should end, according to the Kiev strategists, “with the assistance of the international community on favourable terms for Ukraine.” 32:05 President Putin: As we know, it has already been stated today that Ukraine intends to create its own nuclear weapons, and this is not just bragging. Ukraine has the nuclear technologies created back in the Soviet times and delivery vehicles for such weapons, including aircraft, as well as the Soviet-designed Tochka-U precision tactical missiles with a range of over 100 kilometres. But they can do more; it is only a matter of time. They have had the groundwork for this since the Soviet era. In other words, acquiring tactical nuclear weapons will be much easier for Ukraine than for some other states I am not going to mention here, which are conducting such research, especially if Kiev receives foreign technological support. 33:47 President Putin: Foreign advisors supervise the activities of Ukraine's armed forces and special services and we are well aware of this. Over the past few years, military contingents of NATO countries have been almost constantly present on Ukrainian territory under the pretext of exercises. The Ukrainian troop control system has already been integrated into NATO. This means that NATO headquarters can issue direct commands to the Ukrainian armed forces, even to their separate units and squads. The United States and NATO have started an impudent development of Ukrainian territory as a theatre of potential military operations. Their regular joint exercises are obviously anti-Russian. Last year alone, over 23,000 troops and more than a thousand units of hardware were involved. A law has already been adopted that allows foreign troops to come to Ukraine in 2022 to take part in multinational drills. Understandably, these are primarily NATO troops. This year, at least ten of these joint drills are planned. Obviously, such undertakings are designed to be a cover-up for a rapid buildup of the NATO military group on Ukrainian territory. This is all the more so since the network of airfields upgraded with US help in Borispol, Ivano-Frankovsk, Chuguyev and Odessa, to name a few, is capable of transferring army units in a very short time. Ukraine's airspace is open to flights by US strategic and reconnaissance aircraft and drones that conduct surveillance over Russian territory. I will add that the US-built Maritime Operations Centre in Ochakov makes it possible to support activity by NATO warships, including the use of precision weapons, against the Russian Black Sea Fleet and our infrastructure on the entire Black Sea Coast. 36:54 President Putin: Article 17 of the Constitution of Ukraine stipulates that deploying foreign military bases on its territory is illegal. However, as it turns out, this is just a conventionality that can be easily circumvented. Ukraine is home to NATO training missions which are, in fact, foreign military bases. They just called a base a mission and were done with it. 37:16 President Putin: Kiev has long proclaimed a strategic course on joining NATO. Indeed, each country is entitled to pick its own security system and enter into military alliances. There would be no problem with that, if it were not for one “but.” International documents expressly stipulate the principle of equal and indivisible security, which includes obligations not to strengthen one's own security at the expense of the security of other states. This is stated in the 1999 OSCE Charter for European Security adopted in Istanbul and the 2010 OSCE Astana Declaration. In other words, the choice of pathways towards ensuring security should not pose a threat to other states, whereas Ukraine joining NATO is a direct threat to Russia's security 38:10 President Putin: Let me remind you that at the Bucharest NATO summit held in April 2008, the United States pushed through a decision to the effect that Ukraine and, by the way, Georgia would become NATO members. Many European allies of the United States were well aware of the risks associated with this prospect already then, but were forced to put up with the will of their senior partner. The Americans simply used them to carry out a clearly anti-Russian policy. 38:41 President Putin: A number of NATO member states are still very sceptical about Ukraine joining NATO. We are getting signals from some European capitals telling us not to worry since it will not happen literally overnight. In fact, our US partners are saying the same thing as well. “All right, then” we respond, “if it does not happen tomorrow, then it will happen the day after tomorrow. What does it change from the historical perspective? Nothing at all.” Furthermore, we are aware of the US leadership's position and words that active hostilities in eastern Ukraine do not rule out the possibility of that country joining NATO if it meets NATO criteria and overcomes corruption. All the while, they are trying to convince us over and over again that NATO is a peace-loving and purely defensive alliance that poses no threat to Russia. Again, they want us to take their word for it. But we are well aware of the real value of these words. In 1990, when German unification was discussed, the United States promised the Soviet leadership that NATO jurisdiction or military presence will not expand one inch to the east and that the unification of Germany will not lead to the spread of NATO's military organisation to the east. This is a quote. They issued lots of verbal assurances, all of which turned out to be empty phrases. Later, they began to assure us that the accession to NATO by Central and Eastern European countries would only improve relations with Moscow, relieve these countries of the fears steeped in their bitter historical legacy, and even create a belt of countries that are friendly towards Russia. However, the exact opposite happened. The governments of certain Eastern European countries, speculating on Russophobia, brought their complexes and stereotypes about the Russian threat to the Alliance and insisted on building up the collective defence potentials and deploying them primarily against Russia. Worse still, that happened in the 1990s and the early 2000s when, thanks to our openness and goodwill, relations between Russia and the West had reached a high level. Russia has fulfilled all of its obligations, including the pullout from Germany, from Central and Eastern Europe, making an immense contribution to overcoming the legacy of the Cold War. We have consistently proposed various cooperation options, including in the NATO-Russia Council and the OSCE formats. Moreover, I will say something I have never said publicly, I will say it now for the first time. When then outgoing US President Bill Clinton visited Moscow in 2000, I asked him how America would feel about admitting Russia to NATO. I will not reveal all the details of that conversation, but the reaction to my question was, let us say, quite restrained, and the Americans' true attitude to that possibility can actually be seen from their subsequent steps with regard to our country. I am referring to the overt support for terrorists in the North Caucasus, the disregard for our security demands and concerns, NATO's continued expansion, withdrawal from the ABM Treaty, and so on. 43:05 President Putin: Today, one glance at the map is enough to see to what extent Western countries have kept their promise to refrain from NATO's eastward expansion. They just cheated. We have seen five waves of NATO expansion, one after another – Poland, the Czech Republic and Hungary were admitted in 1999; Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia and Slovenia in 2004; Albania and Croatia in 2009; Montenegro in 2017; and North Macedonia in 2020. As a result, the Alliance, its military infrastructure has reached Russia's borders. This is one of the key causes of the European security crisis; it has had the most negative impact on the entire system of international relations and led to the loss of mutual trust. The situation continues to deteriorate, including in the strategic area. Thus, positioning areas for interceptor missiles are being established in Romania and Poland as part of the US project to create a global missile defence system. It is common knowledge that the launchers deployed there can be used for Tomahawk cruise missiles – offensive strike systems. In addition, the United States is developing its all-purpose Standard Missile-6, which can provide air and missile defence, as well as strike ground and surface targets. In other words, the allegedly defensive US missile defence system is developing and expanding its new offensive capabilities. The information we have gives us good reason to believe that Ukraine's accession to NATO and the subsequent deployment of NATO facilities has already been decided and is only a matter of time. We clearly understand that given this scenario, the level of military threats to Russia will increase dramatically, several times over. 45:07 President Putin: I will explain that American strategic planning documents confirm the possibility of a so-called preemptive strike at enemy missile systems. We also know the main adversary of the United States and NATO. It is Russia. NATO documents officially declare our country to be the main threat to Euro-Atlantic security. Ukraine will serve as an advanced bridgehead for such a strike. 46:00 President Putin: Many Ukrainian airfields are located not far from our borders. NATO's tactical aviation deployed there, including precision weapon carriers, will be capable of striking at our territory to the depth of the Volgograd-Kazan-Samara-Astrakhan line. The deployment of reconnaissance radars on Ukrainian territory will allow NATO to tightly control Russia's airspace up to the Urals. Finally, after the US destroyed the INF Treaty, the Pentagon has been openly developing many land-based attack weapons, including ballistic missiles that are capable of hitting targets at a distance of up to 5,500 km. If deployed in Ukraine, such systems will be able to hit targets in Russia's entire European part. The flying time of Tomahawk cruise missiles to Moscow will be less than 35 minutes; ballistic missiles from Kharkov will take seven to eight minutes; and hypersonic assault weapons, four to five minutes. It is like a knife to the throat. I have no doubt that they hope to carry out these plans, as they did many times in the past, expanding NATO eastward, moving their military infrastructure to Russian borders and fully ignoring our concerns, protests and warnings. Excuse me, but they simply did not care at all about such things and did whatever they deemed necessary. Of course, they are going to behave in the same way in the future. 47:46 President Putin: Russia has always advocated the resolution of the most complicated problems by political and diplomatic means, at the negotiating table. We are well aware of our enormous responsibility when it comes to regional and global stability. Back in 2008, Russia put forth an initiative to conclude a European Security Treaty under which not a single Euro-Atlantic state or international organisation could strengthen their security at the expense of the security of others. However, our proposal was rejected right off the bat on the pretext that Russia should not be allowed to put limits on NATO activities. Furthermore, it was made explicitly clear to us that only NATO members can have legally binding security guarantees. 48:35 President Putin: Last December, we handed over to our Western partners a draft treaty between the Russian Federation and the United States of America on security guarantees, as well as a draft agreement on measures to ensure the security of the Russian Federation and NATO member states. The United States and NATO responded with general statements. There were kernels of rationality in them as well, but they concerned matters of secondary importance and it all looked like an attempt to drag the issue out and to lead the discussion astray. We responded to this accordingly and pointed out that we were ready to follow the path of negotiations, provided, however, that all issues are considered as a package that includes Russia's core proposals which contain three key points. First, to prevent further NATO expansion. Second, to have the Alliance refrain from deploying assault weapon systems on Russian borders. And finally, rolling back the bloc's military capability and infrastructure in Europe to where they were in 1997, when the NATO-Russia Founding Act was signed. These principled proposals of ours have been ignored. 50:21 President Putin: They are again trying to blackmail us and are threatening us with sanctions, which, by the way, they will introduce no matter what as Russia continues to strengthen its sovereignty and its Armed Forces. To be sure, they will never think twice before coming up with or just fabricating a pretext for yet another sanction attack regardless of the developments in Ukraine. Their one and only goal is to hold back the development of Russia. 51:06 President Putin: I would like to be clear and straightforward: in the current circumstances, when our proposals for an equal dialogue on fundamental issues have actually remained unanswered by the United States and NATO, when the level of threats to our country has increased significantly, Russia has every right to respond in order to ensure its security. That is exactly what we will do. 51:33 President Putin: With regard to the state of affairs in Donbass, we see that the ruling Kiev elites never stop publicly making clear their unwillingness to comply with the Minsk Package of Measures to settle the conflict and are not interested in a peaceful settlement. On the contrary, they are trying to orchestrate a blitzkrieg in Donbass as was the case in 2014 and 2015. We all know how these reckless schemes ended. Not a single day goes by without Donbass communities coming under shelling attacks. The recently formed large military force makes use of attack drones, heavy equipment, missiles, artillery and multiple rocket launchers. The killing of civilians, the blockade, the abuse of people, including children, women and the elderly, continues unabated. As we say, there is no end in sight to this. Meanwhile, the so-called civilised world, which our Western colleagues proclaimed themselves the only representatives of, prefers not to see this, as if this horror and genocide, which almost 4 million people are facing, do not exist. But they do exist and only because these people did not agree with the West-supported coup in Ukraine in 2014 and opposed the transition towards the Neanderthal and aggressive nationalism and neo-Nazism which have been elevated in Ukraine to the rank of national policy. They are fighting for their elementary right to live on their own land, to speak their own language, and to preserve their culture and traditions. How long can this tragedy continue? How much longer can one put up with this? Russia has done everything to preserve Ukraine's territorial integrity. All these years, it has persistently and patiently pushed for the implementation of UN Security Council Resolution 2202 of February 17, 2015, which consolidated the Minsk Package of Measures of February 12, 2015, to settle the situation in Donbass. Everything was in vain. Presidents and Rada deputies come and go, but deep down the aggressive and nationalistic regime that seized power in Kiev remains unchanged. It is entirely a product of the 2014 coup, and those who then embarked on the path of violence, bloodshed and lawlessness did not recognise then and do not recognise now any solution to the Donbass issue other than a military one. In this regard, I consider it necessary to take a long overdue decision and to immediately recognise the independence and sovereignty of the Donetsk People's Republic and the Lugansk People's Republic. I would like to ask the Federal Assembly of the Russian Federation to support this decision and then ratify the Treaty of Friendship and Mutual Assistance with both republics. These two documents will be prepared and signed shortly. 54:52 President Putin: We want those who seized and continue to hold power in Kiev to immediately stop hostilities. Otherwise, the responsibility for the possible continuation of the bloodshed will lie entirely on the conscience of Ukraine's ruling regime. Ukraine is 'longing for peace' says Zelensky at Munich Security Conference February 19, 2022 Transcript Overview: Western powers should drop their policy of "appeasement" toward Moscow, Ukrainian leader Volodymyr Zelensky told a security forum Saturday, as fears mount of a Russian invasion of Ukraine. Clips 13:37 Vladimir Zelensky: Ukraine has received security guarantees for abandoning the world's third nuclear capability. We don't have that weapon. We also have no security. 14:37 Vladimir Zelensky: Since 2014, Ukraine has tried three times to convene consultations with the guarantor states of the Budapest Memorandum. Three times without success. Today Ukraine will do it for the fourth time. I, as President, will do this for the first time. But both Ukraine and I are doing this for the last time. I am initiating consultations in the framework of the Budapest Memorandum. The Minister of Foreign Affairs was commissioned to convene them. If they do not happen again or their results do not guarantee security for our country, Ukraine will have every right to believe that the Budapest Memorandum is not working and all the package decisions of 1994 are in doubt. President Biden Remarks on Russia-Ukraine Situation February 18, 2022 YouTube Version Transcript Overview: Following talks with NATO allies, President Biden provided an update on Russia-Ukraine tensions and international efforts to resolve the crisis. Clips 3:04 President Biden: You know, look, we have reason to believe the Russian forces are planning to and intend to attack Ukraine in the coming week — in the coming days. We believe that they will target Ukraine's capital, Kyiv, a city of 2.8 million innocent people.War posturing - Biden US provided record security assistance to Ukraine 4:00 President Biden: This past year, the United States provided a record amount of security assistance to Ukraine to bolster its defensive — $650 million, from Javelin missiles to ammunition. And we also previously provided $500 million in Ukrai- — in humanitarian aid and economic support for Ukraine. And earlier this week, we also announced an additional sovereign loan guarantee of up to $1 billion to strengthen Ukraine's economic resilience. 7:24 President Biden: Well, I don't think he is remotely contemplating nuclear — using nuclear weapons. But I do think it's — I think he is focused on trying to convince the world that he has the ability to change the dynamics in Europe in a way that he cannot. President Biden Remarks on Russia and Ukraine February 15, 2022 YouTube Version Transcript Overview: President Biden gave an update on tensions between Russia and Ukraine, calling for diplomacy to resolve tensions. Clips 1:47 President Biden: The United States has put on the table concrete ideas to establish a security environment in Europe. We're proposing new arms control measures, new transparency measures, new strategic stability measures. These measures would apply to all parties — NATO and Russia alike. 2:14 President Biden: We will not sacrifice basic principles, though. Nations have a right to sovereignty and territorial integrity. They have the freedom to set their own course and choose with whom they will associate. 3:17 President Biden: And the fact remains: Right now, Russia has more than 150,000 troops encircling Ukraine in Belarus and along Ukraine's border. An invasion remains distinctly possible. That's why I've asked several times that all Americans in Ukraine leave now before it's too late to leave safely. It is why we have temporarily relocated our embassy from Kyiv to Lviv in western Ukraine, approaching the Polish border. 4:12 President Biden: The United States and NATO are not a threat to Russia. Ukraine is not threatening Russia. Neither the U.S. nor NATO have missiles in Ukraine. We do not — do not have plans to put them there as well. 4:26 President Biden: To the citizens of Russia: You are not our enemy. And I do not believe you want a bloody, destructive war against Ukraine — a country and a people with whom you share such deep ties of family, history, and culture. 5:52 President Biden: Today, our NATO Allies and the Alliance is as unified and determined as it has ever been. And the source of our unbreakable strength continues to be the power, resilience, and universal appeal of our shared democratic values. Because this is about more than just Russia and Ukraine. It's about standing for what we believe in, for the future we want for our world. 7:25 President Biden: And when it comes to Nord Stream 2, the pipeline that would bring natural gas from Russia to Germany, if Russia further invades Ukraine, it will not happen. 7:35 President Biden: While I will not send American servicemen to fight Russia in Ukraine, we have supplied the Ukrainian military with equipment to help them defend themselves. We have provided training and advice and intelligence for the same purpose. 7:50 President Biden: And make no mistake: The United States will defend every inch of NATO territory with the full force of American power. An attack against one NATO country is an attack against all of us. And the United States commitment to Article 5 is sacrosanct. Already, in response to Russia's build-up of troops, I have sent additional U.S. forces to bolster NATO's eastern flank. Several of our Allies have also announced they'll add forces and capabilities to ensure deterrence and defense along NATO's eastern flank. We will also continue to conduct military exercises with our Allies and partners to enhance defensive readiness. And if Russia invades, we will take further steps to reinforce our presence in NATO, reassure our Allies, and deter further aggression. 9:12 President Biden: I will not pretend this will be painless. There could be impact on our energy prices, so we are taking active steps to alleviate the pressure on our own energy markets and offset rising prices. We're coordinating with major enersy [sic] — energy consumers and producers. We're prepared to deploy all the tools and authority at our disposal to provide relief at the gas pump. And I will work with Congress on additional measures to help protect consumers and address the impact of prices at the pump. Hearing on U.S. Policy Toward Russia Senate Committee on Foreign Relations December 7, 2021 Overview: Victoria Nuland, the undersecretary of state for political affairs, testified at a Senate Foreign Relations Committee hearing on U.S. policy toward Russia. She addressed President Biden's earlier call with Russian President Vladimir Putin and said that Russia would suffer severe consequences if it attacked Ukraine. Other topics included the use of sanctions if Russia invades Ukraine, the cooperation of NATO and U.S. allies, Russia's use of energy during conflict, and the Nord Stream 2 Pipeline Clips 10:42 Victoria Nuland: Since 2014 The United States has provided Ukraine with $2.4 billion in security assistance including $450 million this year alone. 30:55 Sen. Todd Young (R-IN): President Putin and Foreign Minister Lavrov have repeatedly indicated that they seek to deny any potential path to NATO membership for Ukraine and other Eastern European countries. Does the administration view this demand is a valid issue for negotiation? Victoria Nuland: No we do not and President Biden made that point crystal clear to President Putin today that the issue of who joins NATO is an issue for NATO to decide it's an issue for applicant countries to decide that no other outside power will or may have a veto or a vote in those decisions. Foreign Affairs Issue Launch with Former Vice President Joe Biden January 23, 2018 Clips 24:30 Former Vice President Biden: I'll give you one concrete example. I was—not I, but it just happened to be that was the assignment I got. I got all the good ones. And so I got Ukraine. And I remember going over, convincing our team, our leaders to—convincing that we should be providing for loan guarantees. And I went over, I guess, the 12th, 13th time to Kiev. And I was supposed to announce that there was another billion-dollar loan guarantee. And I had gotten a commitment from Poroshenko and from Yatsenyuk that they would take action against the state prosecutor. And they didn't. So they said they had—they were walking out to a press conference. I said, nah, I'm not going to—or, we're not going to give you the billion dollars. They said, you have no authority. You're not the president. The president said—I said, call him. (Laughter.) I said, I'm telling you, you're not getting the billion dollars. I said, you're not getting the billion. I'm going to be leaving here in, I think it was about six hours. I looked at them and said: I'm leaving in six hours. If the prosecutor is not fired, you're not getting the money. Well, son of a bitch. (Laughter.) He got fired. And they put in place someone who was solid at the time. 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 infrastructure law provides the most significant investment in passenger rail in U.S. history, but substantial hurdles - including a powerful cartel - stand firmly in the way of a real national network. In this episode, learn the ways the infrastructure law paves the way for a better future for passenger rail along with the significant obstacles that it failed to address. 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! Background Sources Recommended Congressional Dish YouTube Video What is the World Trade System? Contributors to Supply Chain Issues Matthew Jinoo Buck. February 4, 2022. “How America's Supply Chains Got Railroaded.” The American Prospect. “Cartel.” Merriam-Webster.com. 2022. “Energy Group Joins Shippers Alleging Price Fixing in Rail Transport.” January 6, 2020. The Houston Chronicle. Testimony of Dennis R. Pierce. Passenger and Freight Rail: The Current Status of the Rail Network and the Track Ahead. October 21, 2020. 116th Cong. U.S. Internal Revenue Service. December 31, 2019. “IRS issues standard mileage rates for 2020.” Dangers of Monster Trains and Rail Profiteering Aaron Gordon. Mar 22, 2021. “‘It's Going to End Up Like Boeing': How Freight Rail Is Courting Catastrophe.” Vice. U.S. National Transportation Safety Board. Dec 29, 2020. “Accident Report: Collision of Union Pacific Railroad Train MGRCY04 with a Stationary Train, Granite Canyon, Wyoming, October 4, 2018” [NTSB/RAR-20/05 / PB2020-101016.] Marybeth Luczak. Nov 30, 2020. “Transport Canada Updates Rail Employee Fatigue Rules.” Railway Age. U.S. Government Accountability Office. May 30, 2019. “Rail Safety: Freight Trains Are Getting Longer, and Additional Information Is Needed to Assess Their Impact” [GAO-19-443.] Christina M. Rudin-Brown, Sarah Harris, and Ari Rosberg. May 2019. “How shift scheduling practices contribute to fatigue amongst freight rail operating employees: Findings from Canadian accident investigations.” Accident Analysis and Prevention. Jessica Murphy. Jan 19, 2018. “Lac-Megantic: The runaway train that destroyed a town.” BBC. Eric M. Johnson. Dec 6, 2017. “Growing length of U.S. freight trains in federal crosshairs after crashes: GAO.” Reuters. Cumberland Times-News. Aug 12, 2017. “Last of Hyndman's evacuated residents return home.” The Tribune Democrat. Jeffrey Alderton. Aug 5, 2017. “Propane fire out at Hyndman train crash site, residents await news of when they can return.” The Tribune Democrat. Jeffrey Alderton. Aug 3, 2017. “Train derailment destroys Bedford County home, forces evacuation.” The Tribune Democrat. New Jersey Department of Health. Revised June 2011. “Hazardous Substance Fact Sheet: Sodium Chlorate.” Stephen Joiner. Feb 11, 2010 “Is Bigger Better? 'Monster' Trains vs Freight Trains.” Popular Mechanics. Lobbying and Corruption “CSX Corp: Recipients.” 2020. Open Secrets. CSX Corporation Lobbying Report. 2020. Senate.gov. “Union Pacific Corp: Summary.” 2020. Open Secrets. “Union Pacific Corp: Members Invested.” 2018. Open Secrets. Union Pacific Corporation Lobbying Report. 2020. Senate.gov. What you really pay for TV Gavin Bridge. Oct 27, 2020. “The True Cost to Consumers of Pay TV's Top Channels.” Variety. Laws H.R.3684 - Infrastructure Investment and Jobs Act Sponsor: Rep. Peter DeFazio (D-OR) Status: Became Public Law No. 117-58 Law Outline DIVISION A: SURFACE TRANSPORTATION TITLE I - FEDERAL-AID HIGHWAYS Subtitle A - Authorizations and Programs Sec. 11101: Authorization of appropriations Authorizes appropriations for Federal-Aid for highways at between $52 billion and $56 billion per year through fiscal year 2026 (over $273 billion total). Authorizes $300 million for "charging and fueling infrastructure grants" for 2022, which increases by $100 million per year (maxing out at $700 million in 2026) Authorizes between $25 million and $30 million per year for "community resilience and evacuation route grants" on top of equal amounts for "at risk coastal infrastructure grants" Authorizes a total of $6.53 billion (from two funds) for the bridge investment program Sec. 11102: Obligation ceiling Caps the annual total funding from all laws (with many exceptions) that can be spent on Federal highway programs. Total through 2026: $300.3 billion Sec. 11109: Surface transportation block grant program: Allows money from the surface transportation block grant program to be used for "planning and construction" of projects that "facilitate intermodel connections between emerging transportation technologies", specifically naming the hyperloop Sec. 11508: Requirements for Transportation Projects Carried Out Through Public Private Partnerships For projects that cost $100 million or more, before entering into a contract with a private company, the government partner has to conduct a "value for money analysis" of the partnership. Three years after a project is opened to traffic, the government partner has to review the compliance of the private company and either certify their compliance or report to the Secretary of Transportation the details of the violation. The certifications or violation notifications must be publicly available "in a form that does not disclose any proprietary or confidential business information." DIVISION B - SURFACE TRANSPORTATION INVESTMENT ACT OF 2021 TITLE I - MULTIMODAL AND FREIGHT TRANSPORTATION Subtitle A - Multimodal Freight Policy Sec. 21101: Office of Multimodal Freight Infrastructure and Policy Restructures/eliminates offices at the Department of Transportation to create an Office of Multimodal Freight Infrastructure and Policy The person in charge will be appointed by the President and has to be confirmed by the Senate Authorizes "such sums as are necessary" Subtitle B - Multimodal Investment Sec. 21201: National infrastructure project assistance Authorizes $2 billion per year until 2026 ($10 billion total) on projects that cost at least $100 million that include highways, bridges, freight rail, passenger rail, and public transportation projects. The Federal government will pay a maximum of 80% of the project costs. Sec. 21202: Local and regional project assistance Authorizes $1.5 billion per year until 2026 ($7.5 billion) (which will expire after 3 years) for grants for local transportation projects in amounts between $1 million and $25 million for projects that include highway, bridge, public transportation, passenger and freight rail, port infrastructure, surface transportation at airports, and more. Sec. 21203: National culvert removal, replacement, and restoration grant program Authorizes $800 million per year through 2026 ($4 billion) for grants for projects that replace, remove, or repair culverts (water channels) that improve or restore passages for fish. Subtitle C - Railroad Rehabilitation and Improvement Financing Reforms TITLE II - RAIL Subtitle A - Authorization of Appropriations Sec. 22101: Grants to Amtrak Authorizes appropriations for Amtrak in the Northeast Corridor at between $1.1 billion and $1.57 billion per year through 2026 ($6.57 billion total). Authorizes appropriations for Amtrak in the National Network at between $2.2 billion and $3 billion per year through 2026 ($12.65 billion total). Sec. 22103: Consolidated rail infrastructure and safety improvements grants Authorizes $1 billion per year through 2026 ($5 billion total) for rail infrastructure safety improvement grants Sec. 22104: Railroad crossing elimination program Authorizes $500 million per year through 2016 ($2.5 billion total) for the elimination of railroad crossings Sec. 22106: Federal-State partnership for intercity passenger rail grants Authorizes $1.5 billion per year through 2026 ($7.5 billion total) for grants to states to expand intercity passenger rail grants Subtitle B - Amtrak Reforms Sec. 22201: Amtrak findings, mission, and goals Changes the goal of cooperation between Amtrak, governments, & other rail carriers from "to achieve a performance level sufficient to justify expending public money" to "in order to meet the intercity passenger rail needs of the United States" and expands the service areas beyond "urban" locations. Changes the goals of Amtrak to include... "Improving its contracts with rail carriers over whose tracks Amtrak operates." "Offering competitive fares" "Increasing revenue from the transportation of mail and express" "Encourages" Amtrak to make agreement with private companies that will generate additional revenue Sec. 22203: Station agents Requires that at least one Amtrak ticket agent works at each station, unless there is a commuter rail agent who has the authority to sell Amtrak tickets Sec. 22208: Passenger Experience Enhancement Removes the requirement that Amtrak's food and beverage service financially break even in order to be offered on its trains Creates a working group to make recommendations about how to improve the onboard food and beverage service The report must be complete within one year of the working group's formation After the report is complete, Amtrak must create a plan to implementing the working group's recommendations and/or tell Congress in writing why they will not implement the recommendations The plan can not include Amtrak employee layoffs Sec . 22209: Amtrak smoking policy Requires Amtrak to prohibit smoking - including electronic cigarettes - on all Amtrak trains Sec. 22210: Protecting Amtrak routes through rural communities Prohibits Amtrak from cutting or reducing service to a rail route if they receive adequate Federal funding for that route Sec. 22213: Creating Quality Jobs Amtrak will not be allowed to privatize the jobs previously performed by laid off union workers. Sec. 22214: Amtrak Daily Long Distance Study Authorizes $15 million for an Amtrak study on bringing back long distance rail routes that were discontinued. Subtitle C - Intercity Passenger Rail Policy Sec. 22304: Restoration and Enhancement Grants Extends the amount of time the government will pay the operating costs of Amtrak or "any rail carrier" partnered with Amtrak or a government agency that provides passenger rail service from 3 years to 6 years, and pays higher percentages of the the costs. Sec. 22305: Railroad crossing elimination program Creates a program to eliminate highway-rail crossings where vehicles are frequently stopped by trains Authorizes the construction on tunnels and bridges Requires the government agency in charge of the project to "obtain the necessary approvals from any impacted rail carriers or real property owners before proceeding with the construction of a project" Each grant will be for at least $1 million each The Federal government will pay no more than 80% of the project's cost Sec. 22306: Interstate rail compacts Authorizes up to 10 grants per year valued at a maximum of $1 million each to plan and promote new Amtrak routes The grant recipient will have to match the grant by at least 50% of the eligible expenses Sec. 22308: Corridor identification and development program The Secretary of Transportation will create a program for public entities to plan for expanded intercity passenger rail corridors (which are routes that are less than 750 miles), operated by Amtrak or private companies. When developing plans for corridors, the Secretary has to "consult" with "host railroads for the proposed corridor" Subtitle D - Rail Safety Sec. 22404: Blocked Crossing Portal The Administration of the Federal Railroad Administration would establish a "3 year blocked crossing portal" which would collect information about blocked crossing by trains from the public and first responders and provide every person submitting the complaint the contact information of the "relevant railroad" and would "encourage" them to complain to them too. Information collected would NOT be allowed to be used for any regulatory or enforcement purposes Reports to Congress will be created using the information collected Sec. 22406: Emergency Lighting The Secretary of Transportation will have to issue a rule requiring that all carriers that transport human passengers have an emergency lighting system that turns on when there is a power failure. Sec. 22408: Completion of Hours of Service and Fatigue Studies Requires the Administrator of the Federal Railroad Administration to start pilot programs that were supposed to be conducted no later than 2010, which will test railroad employee scheduling rules designed to reduce employee fatigue. They will test... Assigning employees to shifts with 10 hours advance notice For employees subject to being on-call, having some shifts when those employees are not subject to being on-call. If the pilot programs have not begun by around March of 2023, a report will have to be submitted to Congress explaining the challenges, including "efforts to recruit participant railroads" Sec. 22409: Positive Train Control Study The Comptroller General will conduct a study to determine the annual operation and maintenance costs for positive train control. Sec. 22418: Civil Penalty Enforcement Authority Requires the Secretary of Transportation to provide notice and an opportunity for a hearing to "persons" who violate regulations requiring railroads to report information about railroad crossings. Eliminates the minimum $500 fine for violating the regulations Allows the Attorney General to take the railroad to court to collect the penalty but prohibits the amount of the civil penalty from being reviewed by the courts. Sec. 22423: High-Speed Train Noise Emissions Allows, but does not require, the Secretary of Transportation to create regulations governing the noise levels of trains that exceed 160 mph. Sec. 22425: Requirements for railroad freight cars placed into service in the United States Effective 3 years after the regulations are complete (maximum 5 years after this becomes law), freight cars will be prohibited from operating within the United States if it has sensitive technology originating from or if more than 15% of it is manufactured in... "A country of concern" (which is defined as a country identified by the Commerce Department "as a nonmarket economy country"). Countries on the nonmarket economy list include... Armenia Azerbaijan Belarus China Georgia Kyrgyz Republic Moldova Tajikistan Turkmenistan Uzbekistan Vietnam A country identified by the United States Trade Representative on its priority watch list, which in 2020 included... China Indonesia India Algeria Saudi Arabia Russia Ukraine Argentina Chile Venezuela State owned enterprises The Secretary of Transportation can assess fines between $100,000 and $250,000 per freight car. A company that has been found in violation 3 times can be kicked out of the United States transportation system until they are in compliance and have paid all their fines in full. These rules will apply regardless of what was agreed to in the USMCA trade agreement. Sec. 22427: Controlled substances testing for mechanical employees 180 days after this becomes law, all railroad mechanics will be subject to drug testing, which can be conducted at random. Bills H.R.1748 - Safe Freight Act of 2019 Sponsor: Rep. Don Young (R-AK) Status: Referred to Subcommittee on Railroads, Pipelines, and Hazardous Materials 03/14/2019 Hearings Leveraging IIJA: Plans for Expanding Intercity Passenger Rail House Committee on Transportation & Infrastructure, Subcommittee on Railroads, Pipelines, and Hazardous Materials December 9, 2021 During the hearing, witnesses discussed plans for expanding intercity passenger rail in their states, regions, and networks, and how the bipartisan Infrastructure Investment and Jobs Act, which was recently signed into law, will support these efforts. Witnesses: Stephen Gardner, President, Amtrak David Kim, Secretary, California State Transportation Agency Kevin Corbett, President and CEO of New Jersey Transit, Co-Chair, Northeast Corridor Commission, On behalf of Northeast Corridor Commission Julie White, Deputy Secretary for Multimodal Transportation, North Carolina Department of Transportation, Commission Chair, Southeast Corridor Commission, On behalf of the North Carolina Department of Transportation and the Southeast Corridor Commission Ms. Donna DeMartino, Managing Director, Los Angeles – San Diego – San Luis Obispo Rail Corridor Agency Knox Ross, Mississippi Commission and Chair of the Southern Rail Commission Clips 8:52 - 9:12 Rep. Rick Crawford: Finally, any potential expansion of the Amtrak system must include the full input of the freight railroads on capacity and track sharing issues. The ongoing supply chain crisis only further emphasizes the value of freight railroads and efficiently moving goods across the nation. The important work the freight railroads cannot be obstructed. 16:49 - 17:10 Rep. Peter DeFazio The law is pretty clear: preference over freight transportation except in an emergency. Intercity and commuter rail passenger transportation provided for Amtrak has preference over freight transportation and using a rail line junction crossing unless the board orders otherwise under this subsection. Well, obviously that has not been observed. 22:05 - 22:24 Stephen Gardner: With the $66 billion provided to the Federal Railroad Administration and Amtrak we and our partners can finally have the chance to renew, improve or replace antiquated assets like the century old bridges and tunnels in the Northeast, inaccessible stations around the nation, and our vintage trains. 23:44 - 24:11 Stephen Gardner: Additionally, we'll continue to work collaboratively with our partners where they see value in working with other parties to deliver parts of their service and with new railroad entities that aim to develop or deliver their own service. We simply ask that key railroad laws like the Railway Labor Act and railway retirement apply to new entrants, that the federal government gets equity and accountability for investments it makes in private systems, and that any new services create connections with Amtrak's national network 1:25:00 - 1:25:37 Stephen Gardner: We've been working very closely with a variety of host railroads on opportunities to expand, notably Burlington Northern Santa Fe and our work to expand the Heartland Flyer service between Texas and Oklahoma and potentially extend that North to Wichita, Newton, in Colorado along the front range also with BNSF, to look at opportunities there. With Canadian Pacific we've been having really good conversations about launching a new service between the Twin Cities, Milwaukee and Chicago. Similarly, I think there's opportunities for that Baton Rouge to New Orleans service that Mr. Ross mentioned. 1:54:24 - 1:55:10 Rep. Chuy Garcia: You've each had different experiences with freight railroads as the host railroad for your respective services. What can Congress do to help you as you discuss expanding and improving passenger rail service with your freight railroad? You'll have about 15 seconds each. Knox Ross: Congressman, thank you. I think it's enforcing the will of Congress and the law that set up Amtrak in the beginning is, as the Chairman talked about, in the beginning, that people have a preference over freight. Now we understand that we all have to work together to do that. But we think there are many ways that Amtrak and other other hosts can work together with the fright to get this done, but the law has to be enforced. 1:55:14 - 1:55:30 Julie White: I would say that the money in the IIJA is going to be really important as we work, for example, on the S Line it is an FRA grant that enables us to acquire that line from CSX and enables us to grow freight rail on it at the same time as passenger. 1:58:05 - 1:58:23 Rep. Tim Burchett: Also understand that Amtrak is planning to either expand or build new rail corridors in 26 states across the country over the next 15 years and I was wondering: what makes you think Amtrak will turn a profit in any of those communities? 1:58:43 - 1:59:29 Stephen Gardner: But I would be clear here that our expectation is that these corridors do require support from states and the federal government, that they produce real value and support a lot of important transportation needs. But we measure those not necessarily by the profit of the farebox, so to speak, even though Amtrak has the highest farebox recovery of any system in the United States by far in terms of rail systems, we believe that Amtrak mission is to create mobility, mobility that creates value. We do that with as little public funding as we can, but the current services do require support investment and I think that's fair. All transportation modes require investment. 2:00:12 - 2:00:24 Rep. Tim Burchett: Since you mentioned that you needed more funding down the line, don't you think it'd be better to make your current service corridors more profit -- or just profitable before you build new ones in other parts of the country? When Unlimited Potential Meets Limited Resources: The Benefits and Challenges of High-Speed Rail and Emerging Rail Technologies House Committee on Transportation & Infrastructure, Subcommittee on Railroads, Pipelines, and Hazardous Materials May 6, 2021 This hearing featured twelve witnesses from a range of perspectives, exploring the opportunities and limitations associated with high-speed rail and emerging technologies, including regulatory oversight, technology readiness, project costs, and available federal resources. Witnesses: John Porcari, Former Deputy Secretary of the US Department of Transportation Rachel Smith, President and CEO of the Seattle Metropolitan Chamber of Commerce Phillip Washington, CEO of the Los Angeles County Metropolitan Transportation Authority Danielle Eckert, International Representative for the International Brotherhood of Electrical Workers Carbett "Trey" Duhon III, Judge in Waller County, TX Andy Kunz, President and CEO of the US High Speed Rail Association Carlos Aguilar, President and CEO of Texas Central High Speed Rail William Flynn, CEO of Amtrak Josh Giegel, CEO and Co-Founder of Virgin Hyperloop Andres de Leon, CEO of Hyperloop Transportation Technologies Michal Reininger, CEO of Brightline Trains Wayne Rogers, Chairman and CEO of Northeast Maglev Clips 8:37 - 8:48 Rep. Rick Crawford: Rail is also considered one of the most fuel efficient ways to move freight. On average freight rail can move one ton of freight over 470 miles on one gallon of fuel. 18:05 - 18:46 Rep. Peter DeFazio: You know we have put aggregate with the essentially post World War Two, mostly the Eisenhower program, $2 trillion -- trillion -- into highways, invested by the federal government, a lot of money. But post World War Two $777 billion into aviation, airports, runways, air traffic control etc. And, and we have put about $90 billion total into rail. 22:45 - 23:25 John Porcari: As I evaluated ways to increase capacity in the Baltimore-New York City corridor, these were my choices: I could add air capacity between BWI Thurgood Marshall Airport and New York with 90% federal funding for runway and taxiway improvements, I could add highway capacity on I-95 to New York with 80% federal funding, or add passenger rail capacity with zero federal funding for that 215 mile segment. A passenger rail trip makes far more sense than driving or flying, yet passenger rail capacity was the least likely alternative to be selected. So if you wonder why we have the unbalanced transportation system we have today, follow the money. 23:26 - 23:54 John Porcari: It's an extraordinary statement of state priorities that the California High Speed Rail Authority's 2020 Business Plan anticipates 85% of its funding from state sources and only 15% federal funding for this project of national and regional significance. This is a remarkable state financial commitment and a clear declaration of the state's project priorities. Yet there's no ongoing sustained federal financial partner for this multi year program of projects. 23:54 - 24:28 John Porcari: To match the people carrying capacity of phase one of the high speed rail system, California would need to invest $122 to $199 billion towards building almost 4200 highway lane miles, the equivalent of a new six lane highway and the construction of 91 new airport gates and two new runways. The San Francisco-Los Angeles air loop is already the ninth busiest in the world, and the busiest air route in America. Doesn't it make sense to prioritize this finite and expensive airport capacity for trans continental and international flights? 24:28 - 24:40 John Porcari: For California the 120 to 209 billion of required highway and airport capacity as an alternative to high speed rail is double the 69 to 99 billion cost estimate for phase one of the high speed rail system. 25:05 - 25:18 John Porcari: Providing real transportation choices at the local and state level requires the establishment of a Passenger Rail Trust Fund on par with our Highway Trust Fund and Airport and Airway Trust Fund. 48:00 - 48:23 Trey Duhon: Texas Central promised this project was privately financed, and everything they've done today, including the EIS was based on that. So we say let it live or die in the free market and invest our tax dollars in more equitable transportation solutions. We should not have to pay for another train to nowhere while having our communities destroyed by the very tax dollars that we work hard to contribute. 49:48 - 50:42 Andy Kunz: High Speed Rail can unlock numerous ridership opportunities. Essential workers like teachers, police and firemen in the high price Silicon Valley could find affordable housing options with a short train ride to Merced or Fresno in California's Central Valley. Residents of Eugene, Oregon could access jobs in Portland's tech sector or booming recreational industry with a 35 minute commute. A Houston salesperson could prepare for an important client meeting in Dallas with dedicated Wi Fi and ample workspace while gliding past the notorious congestion on I-45. A college student in Atlanta could make it home for Thanksgiving in Charlotte while picking up grandma along the way in Greenville, South Carolina. International tourists visiting Disney World in Orlando could extend their vacation with a day trip to the Gulf beaches of the Greater Tampa Bay area. 51:41 - 54:58 Andy Kunz: High Speed Rail has an unmatched track record of safety. Japan, with the world's first high speed rail network, has carried millions of people over 50 years without a single fatality, in comparison as many as 40,000 Americans are killed every year in auto accidents on our highways. 52:22 - 52:45 Andy Kunz: China has invested over a trillion dollars in high speed rail, allowing them to build a world class 22,000 mile network in 14 years. Not taking a pause, China plans to construct another 21,000 miles of track over the next nine years. Modern infrastructure like this fuels China's explosive economic growth, making it challenging for us to compete with them in the 21st century. 52:46 - 53:10 Andy Kunz: On the other side of the globe, the United Kingdom is currently doubling their rail network with $120 billion investment. France has invested over $160 billion in constructing their system. Spain's 2000 mile High Speed Rail Network is the largest in Europe, costing more than 175 billion. These are considerable investments by nations that are similar in size to Texas. 1:08:00 - 1:09:00 Rep. Peter DeFazio: Are you aware of any high speed rail project in the world that isn't government subsidized? I know, Virgin in, you know, in Great Britain says, well, we make money. Yeah, you make money. You don't have to maintain the rail, the government does that, all you do is put a train set on it and run it. John Porcari: Yeah, that's a really important point, Mr. Chairman, virtually every one that I'm aware of in the world has had a very big public investment in the infrastructure itself, the operation by a private operator can be very profitable. I would point out that that is no different, conceptually from our airways system, for example, where federal taxpayer investments make possible the operations of our airlines, which in turn are profitable and no different than our very profitable trucking industry in the US, which is enabled by the public infrastructure investment of the highway system itself. 1:09:46 - 1:10:37 Philip Washington: The potential is very, very good to make that connection with the private railroad. And actually that is the plan. And we are working with that, that private railroad right now to do that. And that connection with the help of some twin bore tunnel will allow train speeds to be at anywhere from 180 to 200 miles an hour, getting from that high desert corridor to Los Angeles. And so it's a it's a huge, huge effort. It links up with high speed rail from the north as well, with the link up coming into Union Station as well. So I think the potential to link up both of these are very, very great. And we're working with both entities. 1:11:31 - 1:12:13 Philip Washington: Well one of our ideas very quickly is right now we have as you know, Mr. Chairman, assembly plants, assembly plants all over the country what we are proposing is a soup to nuts, all included manufacturing outfit in this country that manufactures trains from the ground up, forging steel, all of those things. So we have proposed an industrial park with suppliers on site as well to actually build again from the ground up, rail car passenger rail car vehicles and locomotives. It is the return of manufacturing to this country as we see it. 1:21:16 - 1:21:50 John Porcari: We have 111 year old tunnel in New York, we have a B&P tunnel in Baltimore, that Civil War era. Those are not the biggest obstacles. It is more a question of will. What we want to do as a country in infrastructure, we do, and we've never made rail, really the priority that that I think it needs to be. And we've never provided meaningful choices for the states to select rail and build a multi year rail program because we don't have the funding part of it. 1:21:55 - 1:22:19 John Porcari: Our passenger rail system in the US is moving from a survival mode to a growth mode. And I think that's a very healthy thing for the country. Whether you're talking about our cross country service, one of the coastal corridors or the Midwest service, all of that is really important. In just the same way we built the interstates, city pairs aggregating into a national system, we can really do that with the passenger rail system if we have the will. 1:27:13 - 1:27:41 Rep. Michelle Steel: My constituents are already taxed enough, with California state and local taxes and skyrocketing gas prices making it unaffordable to live. I just came back from Texas, their gas price was $2 something and we are paying over $4 in California. We must preserve our local economy by lowering taxes not raising them. And we must not continue throwing tax dollars into a high speed money pit. 1:30:53 - 1:31:11 Trey Duhon: The folks in Waller county the folks that I know, a family of four is not going to pay $1,000 To ride a train between Houston and Dallas, when they can get there on a $50 tank of gas an hour and a half later. It's just not going to happen. So it's not a mass transit solution, at least not for this corridor. 1:48:56 - 1:49:25 Andy Kunz: The other big thing that hasn't been mentioned is the the cost of people's time and waste sitting stuck in traffic or stuck in airports. It's estimated to be several 100 billion dollars a year. And then as a business person, time is money. So if all your people are taking all day to get anywhere your entire company is less competitive, especially against nations that actually have these efficient systems, and then they can out compete us 2:03:52 - 2:04:13 Seth Moulton: And I would just add, you know, we build high speed rail, no one's gonna force you to take it. You have that freedom of choice that Americans don't have today and yet travelers all around the world have. I don't understand why travelers in China should have so much more freedom than we do today. In America, high speed railway would rapidly rectify that 3:01:09 - 3:01:27 Josh Giegel: In 2014 I co-founded this company in a garage when Hyperloop was just an idea on a whiteboard. By late 2016 We began construction of our first full system test set, dev loop, north of Las Vegas. To date we've completed over 500 tests of our system. 3:01:38 - 3:01:48 Josh Giegel: Today we have approximately 300 employees and are the leading Hyperloop company in the world and the only company, the only company to have had passengers travel safely in a Hyperloop. 3:01:48 - 3:02:33 Josh Giegel: Hyperloop is a high speed surface transportation system. Travel occurs within a low pressure enclosure equivalent to 200,000 feet above sea level, in a vehicle pressurized to normal atmospheric conditions, much like a commercial aircraft. This, along with our proprietary magnetic levitation engine, allows us to reach and maintain airline speeds with significantly less energy than other modes of transportation. Not only is Hyperloop fast, it's a high capacity mass transit system capable of comfortably moving people and goods at 670 miles per hour with 50,000 passengers per hour per direction, on demand and direct to your destination, meaning no stops along the way. 3:02:54 - 3:02:58 Josh Giegel: We achieve all this on a fully electric system with no direct emissions. 3:11:34 - 3:11:53 Mike Reininger: Since our 2018 launch in Florida, we operate the only private high speed system in the US, showcasing the potential of American high speed passenger rail. We carried more than a million passengers in our first full year and learned a lot that is worth sharing from the investment of over $4 billion over the last 10 years. 3:12:45 - 3:12:57 Mike Reininger: We use existing road alignments and infrastructure corridors to leverage previous investments, reduce environmental impacts, lower costs, and speed execution as a basis for profitability. 3:13:00 - 3:13:28 Mike Reininger: In 2022, we will complete the extension into the Orlando International Airport, making our total route 235 miles, linking four of the largest cities in America's third largest state. 400 million annual trips occur between these cities today, 95% of them by car. By upgrading a freight railway first built in the 1890s and building along an Express Highway, we leveraged 130 years of previous investment to support our 21st century service. 3:13:31 - 3:13:51 Mike Reininger: Brightline West will connect Las Vegas to Los Angeles, where today 50 million annual trips and over 100 daily flights occur. Traveling on trains capable of speeds of 200 miles an hour using the I-15 corridor, but cutting the drive time in half, Brightline West's better option expects to serve 11 million annual riders. 3:14:56 - 3:15:08 Mike Reininger: Consider allowing private entities to become eligible parties for FRA grant programs by partnering with currently eligible applicants as a simple way to stretch direct government investment. 3:29:39 - 3:29:54 Rep. Rick Crawford: Amtrak announced plans to expand its routes including to several small cities where there doesn't appear to be enough demand or population to warrant those new lines. Can you guarantee that those new routes will be self sustaining and turn a profit or will they lose money? 3:38:42 - 3:38:55 Bill Flynn: 125 miles an hour on existing track infrastructure is high speed. The newest Acelas we ordered will have a top speed of 186 miles an hour. 3:36:46 - 3:37:05 Rep. Seth Moulton: What is the top speed of the Acela service? Bill Flynn: The Acela service in the southern network, Washington to New York, top speeds 135 miles an hour, and then in New York to Boston top speed of 150 miles an hour across different segments of the track. 4:11:57 - 4:12:30 Bill Flynn: When we think about NEPA and the other permitting processes that take place, and then ultimately into construction, on many major projects, we're talking a decade or more. So without the visibility and predictability and the certainty of funding, these projects are all affected, they ultimately become more high cost, and they take longer than they should. So if I were to recommend one policy action, creating a trust fund, or trust fund like structure, for intercity passenger rail would be key. Full Steam Ahead for Rail: Why Rail is More Relevant Than Ever for Economic and Environmental Progress House Committee on Transportation & Infrastructure, Subcommittee on Railroads, Pipelines, and Hazardous Materials March 10, 2021 The hearing explored the importance of rail to the U.S. economy and as a tool to mitigate climate change. Witnesses: Shannon Valentine, Secretary of Transportation, The Commonwealth of Virginia Caren Kraska, President/Chairman, Arkansas & Missouri Railroad Greg Regan, President, Transportation Trades Department, AFL-CIO Tom Williams, Group Vice President for Consumer Products, BNSF Railway Clips 18:17 - 18:50 Shannon Valentine: One of the worst rail bottlenecks, mentioned by Chairman DeFazio, along the east coast is at the Potomac River between Virginia and DC and it's called the long bridge which is owned by CSX. The bridge carries on passenger, commuter, and freight rail, nearly 80 trains a day and is at 98% capacity during peak periods. Due to these constraints, Virginia has been unable to expand passenger rail service, even though demand prior to the pandemic was reaching record highs. 18:50 - 19:42 Shannon Valentine: Virginia has been engaged in corridor planning studies, one of which was the I-95 corridor, which as you all know, is heavily congested. Even today as we emerge from this pandemic, traffic has returned to 90% of pre-pandemic levels. Through this study, we learned that adding just one lane in each direction for 50 miles would cost $12.5 billion. While the cost was staggering, the most sobering part of the analysis was that by the time that construction was complete, in 10 years, the corridor would be just as congested as it is today. That finding is what led Virginia to a mode that could provide the capacity at a third of the cost. 20:34 - 20:43 Shannon Valentine: According to APTA rail travel emits up to 83% fewer greenhouse gases than driving and up to 73% fewer than flying. 20:58 - 21:22 Shannon Valentine: Benefits can also be measured by increased access to jobs and improving the quality of life. The new service plan includes late night and weekend service because many essential jobs are not nine to five Monday through Friday. That is why we work to add trains leaving Washington in the late evening and on weekends, matching train schedules to the reality of our economy. 52:23 - 53:06* Rep. Peter DeFazio: I am concerned particularly when we have some railroads running trains as long as three miles. And they want to go to a single crew for a three mile long train. I asked the the former head of the FRA under Trump if the train broke down in Albany, Oregon and it's blocking every crossing through the city means no police, no fire, no ambulance, how long it's going to take the engineer to walk three miles from the front of the train to, say, the second car from the rear which is having a brake problem. And he said, Well, I don't know an hour. So you know there's some real concerns here that we have to pursue. 1:23:25 - 1:24:15 Shannon Valentine: When we first launched the intercity passenger rail, Virginia sponsored passenger rail, back in 2009, it really started with a pilot with $17 million for three years from Lynchburg, Virginia into DC into the new Northeast Corridor. And, and I had to make sure that we had 51,000 riders and we didn't know if we were going to be able to sustain it. And in that first year, we had 125,000 passengers. It always exceeded expectations for ridership and profitability. And today, that rail service which we now extend over to Roanoke, and we're working to get it to Blacksburg Christiansburg is really one of our most profitable rail services. In fact, probably in the country. It doesn't even need a subsidy because they're able to generate that kind of ridership. 2:10:21 - 2:12:11 Shannon Valentine: Our project, in my mind, is really the first step in creating a southeast high speed corridor, we have to build the bridge. In order to expand access, we need to be able to begin separating passenger and freight. And even before that is able to occur, building signings and creating the ability to move. We took a lot of lessons from a study called the DC to RDA again, it's the first part of that high speed southeast corridor. For us, it was recommended that we take an incremental approach rather than having a large 100 billion dollar project we're doing in increments. And so this is a $3.7 billion which is still going to help us over 10 years create hourly service between Richmond and DC. It was recommended that we use existing infrastructure and right of way so in our negotiations with CSX, we are acquiring 386 miles of right of way and 223 miles of track. We are also purchasing as part of this an S line. It's abandoned. It goes down into Ridgeway, North Carolina from Petersburg, Virginia, just south of Richmond. Because it's abandoned, we have a lot of opportunity for development for future phases or even higher speed rail. And we actually included part of Buckingham branch, it's an East West freight corridor that we would like to upgrade and protect for, for East West connection. All of these were incremental steps using existing right of way and tracks and achieving higher speeds where it was achievable. Examining the Surface Transportation Board's Role in Ensuring a Robust Passenger Rail System House Committee on Transportation & Infrastructure, Subcommittee on Railroads, Pipelines, and Hazardous Materials November 18, 2020 Witnesses: Ann D. Begeman, Chairman, Surface Transportation Board Martin J. Oberman, Vice Chairman, Surface Transportation Board Romayne C. Brown, Chair of the Board of Directors, Metra Stephen Gardner, Senior Executive Vice President, Amtrak Ian Jefferies, President and Chief Executive Officer, Association of American Railroads Randal O'Toole, Senior Fellow, Cato Institute Paul Skoutelas, President and Chief Executive Officer, American Public Transportation Association Clips 27:31 - 27:59 Daniel Lipinski: Unlike Amtrak, Metra and other commuter railroads do not have a statutory federal preference prioritizing commuter trains over freight trains. Additionally, commuter railroads generally do not have standing to bring cases before the STB. Therefore, commuter railroads have very limited leverage when it comes to trying to expand their service on freight rail lines and ensuring that freight railroads Do not delay commuter trains. 35:42 - 36:27 Rep. Peter DeFazio: In fact, Congress included provisions to fix Amtrak on time performance in 2008. That is when PRIA added a provisions directing the FRA and Amtrak to work to develop on time performance metric standards to be used as a basis for an STB investigation. Unfortunately, those benefits haven't been realized. It's been 12 years since PRIA was passed. If our eyes metric and standards for on time performance were published this last Monday 12 years later, for the second time, and after this long and unacceptable delay, I look forward to seeing an improvement on Amtrak's performance both in in my state and nationwide. 38:01 - 38:32 Rep. Peter DeFazio: Worldwide, I'm not aware of any railroads, passenger railroads, that make money, although Virgin claims they do in England because they don't have to maintain the tracks. Pretty easy to make money if all you have to do is put a train set on it, run it back and forth. That's not the major expense. So, you know, to say that we shouldn't be subsidizing commuter or we shouldn't be subsidizing Amtrak is, you know, is just saying you don't want to run trains. Because everywhere else in the world they're subsidized. 43:45 - 44:30 Ann Begeman: Most intercity passenger rail service is provided by Amtrak, which is statutorily excluded from many of the board's regulatory requirements applicable to freight carriers. However, with the enactment of the Passenger Rail Investment Improvement Act of 2008 (PRIA) which both Chairman Lipinski and Chairman De Fazio has have mentioned in their opening comments, as well as the Fixing America's Surface Transportation Act of 2015. FAST Act, the board assumed additional Amtrak oversight responsibilities, including the authority to conduct investigations under certain circumstances, and when appropriate, to award relief and identify reasonable measures to improve performance on passenger rail routes. 1:02:24 - 1:03:07 Stephen Gardner: Congress created Amtrak in 1970 to take on a job that today's freight railroads no longer wanted. In exchange for contracts assumption of these private railroads common carrier obligation for passengers and the associated operating losses for passenger service, the freights agreed to allow Amtrak to operate wherever and whenever it wanted over their lines, to provide Amtrak trains with dispatching preference over freight, and to empower what is now the STB to ensure Amtrak's access to the rail network. It's been nearly 50 years since the freight railroads and agreed eagerly to this bargain. And yet today, many of our hosts railroads fall short and fulfilling some of these key obligations 1:03:28 - 1:04:38 Stephen Gardner: Since our founding, Congress has had to clarify and amend the law to try and ensure host compliance. For example, by 1973, the freights had begun delaying Amtrak train so severely that Congress enshrined this promise of Amtrak preference into federal law, and in 2008, delays had gotten so bad that Congress created a new process to set Amtrak on time performance and provided the STB with the authority to investigate poor OTP. But for several reasons, these efforts haven't remedied the problems. For Amtrak and your constituents that has meant millions of delayed passengers and years of impediment as we try to add trains or start new routes to keep up with changing markets and demand. As the AAR are made clear and its litigation opposing the PRIA metrics and standards rule, many hosts see supporting our operation not as their obligation to the public, but as competition for the use of their infrastructure. But Amtrak wasn't created to relieve host railroads of their requirements to support passenger trains. It was created to help them reduce financial losses and ensure that passenger trains could still serve the country 1:04:38 - 1:05:15 Stephen Gardner: We need this committee's help to restore your original deal with the freights. For example you can provide us as you have in the moving forward Act, a way to enforce our existing rights of preference. You can make real Amtrak statutory ability to start new routes and add additional trains without arbitrary barriers. You can create an office of passenger rail within the STB and require them to use their investigative powers to pursue significant instances of for OTP. You can require more efficient STB processes to grant Amtrak access to hosts and fairly set any compensation and capital investment requirements. 1:06:19 - 1:07:57 Stephen Gardner: A rarely heralded fact is that the U.S. has the largest rail network in the world. And yet we use so little of it for intercity passenger rail service. A fundamental reason for this is our inability to gain quick, reasonable access to the network and receive reliable service that we are owed under law. This has effectively blocked our growth and left much of our nation underserved. City pairs like Los Angeles and Phoenix, or Atlanta to Nashville could clearly benefit from Amtrak service. Existing rail lines already connect them. Shouldn't Amtrak be serving these and many other similar corridors nationwide? 1:12:34 - 1:12:57 Randall O'Toole: Last year, the average American traveled more than 15,000 miles by automobile, more than 2000 Miles, road several 100 miles on buses, walked more than 100 Miles, rode 100 miles by urban rail, transit and bicycled 26 miles. Meanwhile, Amtrak carried the average American just 19 Miles. 1:13:35 - 1:13:55 Randall O'Toole: In 1970, the railroads' main problem was not money losing passenger trains, but over regulation by the federal and state governments. Regulation or not, passenger trains are unable to compete against airlines and automobiles. A 1958 Interstate Commerce Commission report concluded that there was no way to make passenger trains profitable. 1:14:52 - 1:15:20 Randall O'Toole: The 1970 collapse of Penn Central shook the industry. Congress should have responded by eliminating the over regulation that was stifling the railroads. Instead, it created Amtrak with the expectation that it would be a for profit corporation and that taking passenger trains off the railroads hands would save them from bankruptcy 50 years and more than $50 billion in operating subsidies later, we know that Amtrak isn't and never will be profitable. 1:15:40 - 1:16:10 Randall O'Toole: When Amtrak was created, average rail fares per passenger mile were two thirds of average airfares. Thanks to airline deregulation since then, inflation adjusted air fares have fallen by 60%. Even as Amtrak fares per passenger mile have doubled. Average Amtrak fares exceeded airfares by 1990 despite huge operating subsidies, or perhaps as has well predicted, because those subsidies encouraged inefficiencies. 1:16:50 - 1:17:15 Randall O'Toole: Today thanks to more efficient operations, rail routes that once saw only a handful of trains per day support 60, 70 or 80 or more freight trains a day. This sometimes leaves little room for Amtrak. Displacing a money making freight train with a money losing passenger train is especially unfair considering that so few people use a passenger trains, while so many rely on freight. 1:17:15 - 1:17:25 Randall O'Toole: Passenger trains are pretty, but they're an obsolete form of transportation. Efforts to give passenger trains preference over freight we'll harm more people than it will help. 2:42:40 - 2:43:50 Stephen Gardner: We think that the poor on time performance that many of our routes have is a significant impediment to ridership and revenue growth. It's quite apparent, many of our passengers, particularly on our long distance network, that serves Dunsmuir, for instance, you know their routes frequently experience significant delays, the number one cause of those delays are freight train interference. This is delays encountered, that Amtrak encounters when freight trains are run in front of us or otherwise dispatching decisions are made that prioritize the freight trains in front of Amtrak. And the reduction in reliability is clearly a problem for passengers with many hour delays. Often our whole long distance network is operating at 50% or less on time performance if you look at over the many past years. Even right now, through this period of COVID, where freight traffic has been down and we're only at 60% over the last 12 months on time performance for the entire long distance network. 2:52:44 - 2:53:23 Stephen Gardner: The difference between the US system and most of the international examples is that the infrastructure is publicly owned, publicly owned and developed in all of these nations, the nations that Mr. O'Toole mentioned, there is a rail infrastructure entity and they're developing it for both passenger and freight in some of those locations are optimized for passenger service primarily, that's for sure the case. China is a great example of a nation that's investing for both as a massive freight system and an incredible amount of investment for passenger rail. And again, they see high speed as a means of dealing with their very significant population and efficient way. 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 Infrastructure Law that was signed in late 2021 funds the first phase of a huge infrastructure project called the Appalachian Storage Hub, which would consist of large gas processing plants, underground chemical storage facilities, and pipeline networks to connect them all together. In this episode, get the details - as many as are known - about the plans for this possible project. Is this a good idea for our country? Please Support Congressional Dish 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! Background Sources Recommended Congressional Dish Episodes CD240: BIF The Infrastructure BILL CD231: Lights Out: What Happened in Texas? CD134: The EpiPen Hearing Negative Impacts of Natural Gas Susan Phillips. Dec 27, 2021. “Mariner East pipeline is set to be completed in 2022, after years of environmental damage and delays.” WHYY. CBS Philly. Oct 5, 2021. “Attorney General Charges Pennsylvania Pipeline Developer In Mariner East 2 Pipeline Spill.” Forty-Fifth Statewide Investigating Grand Jury. Oct 5, 2021. “Mariner East Presentment.” attorneygeneral.gov Gunnar W. Schade. Aug 3, 2020. “The Problem With Natural Gas Flaring.” Texas A&M Today. Emily Henderson. Jul 15 2020. “Exposure to flaring at oil and gas production sites linked to higher odds of preterm birth.” James Bruggers. Apr 21, 2020. “For the Ohio River Valley, an Ethane Storage Facility in Texas Is Either a Model or a Cautionary Tale.” Leo Weekly. Environmental Integrity Project. Jan 21, 2020. “Warnings for Appalachia in Texas Ethane Storage Hub.” Britain Eakin and David Lee. Oct 31, 2017. “Emissions Settlement to Cost ExxonMobil $300M in Plant Upgrades.” Courthouse News Service. Josh Fox. 2010. Gasland. “Trinity River among most polluted waters in Texas.” Jan 13, 2010. Dallas Morning News. Texas Commission on Environmental Quality. “Houston Ship Channel and Galveston Bay: PCBs TMDL Assessment.” Lettice Stuart. July 15, 1990. “NATIONAL NOTEBOOK: Mont Belvieu, Tex.; A Gas Leak Prods Exodus.” The New York Times. Peter Applebome. Nov 28, 1988. “Chemicals in Salt Caverns Hold Pain for Texas Town.” The New York Times. Appalachian Hub Kathy Hipple and Anne Keller. November 2021. “Poor Economics for Virgin Plastics: Petrochemicals Will Not Provide Sustainable Business Opportunities in Appalachia.” Ohio River Valley Institute. Kathy Hipple and Anne Keller. November 2021. “Poor Economics for Virgin Plastics: Petrochemicals Will Not Provide Sustainable Business Opportunities.” Ohio River Valley Institute. Kentucky Beyond Fossil Fuels. Last updated August 2021. “Appalachian Storage Hub: Latest News.” Reuters Staff. Oct 9, 2020. “Shell says Pennsylvania ethane cracker about 70% complete.” Reuters. Keith Schneider. Jul 31, 2019. “West Virginia Bets Big on Plastics, and on Backing of Trump Administration.” ProPublica. U.S. Department of Energy. Dec 4, 2018. “Secretary Perry Announces Appalachian Ethane Storage Hub Report.” U.S. Department of Energy. Nov 2018. “Ethane Storage and Distribution Hub in the United States: Report to Congress.” Ohio Valley Environmental Coalition. “Who Really Stands to Profit from the Appalachian Storage Hub/Petrochemical Complex?” Steve Horn. Feb 6, 2018. “China Is Financing a Petrochemical Hub in Appalachia. Meet its Powerful Backers.” DeSmog. Open Secrets. “Clients Lobbying on S.1075: Appalachian Ethane Storage Hub Study Act.” Appalachian Regional Commission Baltimore Sun Editorial Board. Jan 07, 2019. “Larry Hogan, reluctant environmentalist.” Appalachian Regional Commission. “Federal Co-Chair Gayle Conelly Manchin.” The Manchins Alex Kotch. Jul 20, 2021. “The Democrat blocking progressive change is beholden to big oil. Surprised?” The Guardian. Liza Featherstone. 2021. “Meet Joe Manchin's Appalling Daughter.” Jacobin. Open Secrets. “Sen. Joe Manchin - West Virginia: Top Industries 2017-2022.” Images U.S. Department of Energy. “Figure 9. NGL Pipelines, Existing and Announced, in and around the Appalachian Basin.” Ethane Storage and Distribution Hub in the United States: Report to Congress. U.S. Department of Energy. “Table 3: Stages of Development of Market Hubs.” Ethane Storage and Distribution Hub in the United States: Report to Congress. U.S. Department of Energy. “Figure 28. Projected Total Capacity, Total Production, and Real Consumption in the U.S. for Ethylene Products.” Ethane Storage and Distribution Hub in the United States: Report to Congress. U.S. Department of Energy. “Figure 30. Historical and Projected Ethylene Production Capacity by Global Area.” Ethane Storage and Distribution Hub in the United States: Report to Congress. The Law H.R.3684 - Infrastructure Investment and Jobs Act Sponsor: Rep. Peter DeFazio Bills H.R. 4152: Appalachian Regional Energy Hub Initiative Act S. 1064: Appalachian Energy for National Security Act S. 1340: Appalachian Energy and Manufacturing Infrastructure Revitalization Act H.R. 2568: Appalachian Ethane Storage Hub Study Act S. 1075: Appalachian Ethane Storage Hub Study Act S. 1337: Capitalizing on American Storage Potential Act. Hearings Field hearing to examine the economic importance of modern, reliable energy infrastructure to West Virginia and the United States Senate Committee on Energy and Natural Resources August 29, 2016 Witnesses: Dr. Brian J. Anderson Director, West Virginia University Energy Institute Dr. John Deskins Director, Bureau for Business and Economic Research, West Virginia University Mr. Chad Earl Director of Marketing and Business Development, Orders Construction Company, Inc. Mr. Steven Hedrick President and Chief Executive Officer, Mid-Atlantic Technology, Research and Innovation Center Mr. Jeffery Keffer President and Chief Executive Officer, Longview Power, LLC Mr. Dan Poling Business Manager/Secretary Treasurer, District Council 53, International Union of Painters and Allied Trades Sound Clip Transcripts: 6:32 - 6:59 Sen. Shelley Moore Capito: So using ethane from Natural Gas as a feedstock means that chemical companies can choose to operate in West Virginia due to the enormous benefits of being right on top of the resource. That's why, again, I included language in the energy bill that will require the Department of Energy and Commerce to conduct a study to look at the feasibility of an ethane storage and distribution hub here in Appalachia, in West Virginia or in the region. 11:34 - 12:00 Sen. Joe Manchin: In 2016 Annual Energy Outlook, the EIA projected that even in a clean power plan scenario, coal and natural gas will make up approximately half of our electric generation mix in 2040. We talk about deniers you know, there's those who deny that there's climate change going on. And there's those who deny that we're going to be needing fossil for the next two, three or four decades. 12:50 - 13:33 Sen. Joe Manchin: Infrastructure, we must put the necessary infrastructure in place to take advantage of the robust opportunities that come from our abundant natural resources, while ensuring the reliability of our electric grid. And I will mention one thing. I've spoken to a lot of our state legislators. And I said, we've got to start thinking in terms of regional energy have Mid-Atlantic energy, regions such as the southwest, we should be looking at Pennsylvania and Ohio as part of this region, not the borders that separate us but basically the ability that we have to work together, build these pipelines that basically keep some of this product in this market area. To attract it, they say, build it and they will come. I truly believe if you have it, they will come but you have to have access to it. 18:42 - 19:00 Brian Anderson: Over the last 10 years production of ethane and propane at the Marcellus and Utica Shales have driven the cost of these very valuable raw materials to a price point well below global and national prices. Connecting this valuable resource to the national and global markets will take modern, robust infrastructure, the topic of this hearing. 19:01 - 19:13 Brian Anderson: I contend that the types of infrastructure necessary to benefit both the region and the nation is not only a reliable modern network of pipelines but also a robust regional system with natural gas liquid storage and distribution 20:12 - 20:28 Brian Anderson: With current production rates in the in the basin, around 500,000 barrels per day, the resource is certainly sufficient to support a renewed and robust chemical industry. That is, as long as there is modern and robust energy transportation infrastructure to support that. 21:42 - 22:32 Brian Anderson: The goal of this project is to provide essential data to support the development of the chemical manufacturing industry, promoting economic development. As evidenced by the industry's commitment to our project, developing storage and transportation infrastructure is a critical pathway to developing the industry in the region. Subsurface storage and distribution and a network of pipelines will benefit both the raw material producers -- the upstream oil and gas industry -- as well as the chemical industry by fostering a readily available and reliable network and research and source of natural gas liquids, developing a predictable price point of the commodity in the region. Currently, there is only one spot pricing for natural gas liquids in the United States and Gulf Coast. And thirdly, promoting regional investment in a more robust ecosystem for the industry. 38:55 - 39:50 Steven Hedrick: Rather than exporting additional ethane available via pipelines in the United States Gulf Coast to Europe, Asia or even Canada, it could be utilized here in the Appalachian Basin, here in America, to maximize the value potential of our raw materials. According to the publication the Natural Gas Intelligence, ethane accounts for more than 50% of the typical barrel in the Appalachian region, with exports now leading market spoke near Philadelphia. I think production has been increasing in the region. In fact, administering company MPLX's CEO Gary Heminger recently said with incremental ethane takeaway projects and the projected completion of a regional cracker facility, we anticipate reaching full utilization of our existing facilities. In other words, we need more infrastructure and companies like Shell need more elasticity in the supply chain in order to maximize the benefit of ethane. 39:48 - 40:41 Steven Hedrick: We would propose that the corridors naturally created by the Ohio and Kunal rivers be utilized as a platform for a substantial pipe system that will support the distribution of key raw material and intermediate constituents, including but not limited to, methane, ethane, ethylene, propane, propylene, and chlorine all of which are significant building blocks to the petrochemical industry and hence our society. We therefore must add substantial underground storage to the highest value of broadly used raw materials, specifically ethane, ethylene and propane and butane if we're able to create a built for purpose Appalachian storage hub. This can be safely and efficiently done and naturally occurring underground caverns in depleted natural gas extraction points, or even in depleted salt domes. In fact, the brightest minds in geological formations are currently studying the best locations for the hub. 1:34:03 - 1:35:40 Sen Joe Manchin: So I've come to the conclusion of this, the only way that we're ever going to is follow the dollars, the tax credits, extenders. They've been pouring more and more tax credits and extenders into renewables. And the only thing I'm going to say if that's the policy direction, and we can't collectively stop some of this other thing, when you have an administration desire to do something as they've done, we could at least say this, it makes all the sense in the world, if you're going to use these tax extenders, they call them tax extenders, they're credits, they give them credits if they do certain things in certain fields. So for moving to solar, or hydro, or wind and all this, those credits should only be used in a germane energy, that's where the losses were. So if the losses came from areas such as West Virginia and such as southwest Virginia, and such as Kentucky, those credits have to be used there. It makes all the sense in the world. We're gonna do every -- I'm gonna do everything I can just to shut the system down the next time, because trust me, they love tax credits. The wind people ain't letting tax credits go, solar'snot letting tax credits go. So I'm saying how do you argue against at least using the credits if you're going to get them? We'll build the best windmills, Danny. Our guys can build windmills. We can build solar, we can build anything you want. Just give us a chance. And that's what I am most upset about is no plan. There was no plan for a major policy shift in energy. And that's what we've got to correct I think, as quickly as possible to give us all a chance to survive in this tough area. 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)

Much media attention has been rightfully aimed at the recent failures of Congress, but there was, in fact, lawmaking happening at the end of 2021. In this episode, learn about some laws that didn't get much attention, including a law that solves a real problem and a few laws designed to economically punish China. We also take a look at what is happening in Congress as we start 2022 and look for opportunities for effective activism as we enter this Congressional election year. 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! Please take our show note survey! Background Sources Recommended Congressional Dish Episodes CD236: January 6: The Capitol Riot CD232: American Rescue Plan CD155: FirstNet Empowers AT&T CD096: Fast Tracking Fast Track (Trade Promotion Authority) NDAA 2022 Jamie Dupree. Dec 9, 2021. “Who says bipartisanship is dead? It isn't on defense.” Atlanta Journal-Constitution. Huawui Sanctions Alessandro Civati. Jan 10, 2022. “Huawei Risks - A Government Security Review.” LinkedIn. Craig S. Smith. Sept 29, 2021. “How the Huawei Fight Is Changing the Face of 5G.” IEEE Spectrum. Federal Communications Commission. Mar 12, 2021. “FCC List of Equipment and Services That Pose National Security Threat.” Hadlee Simons. Sept 15, 2020. “More Huawei sanctions go into effect from today. What does that mean?” Android Authority. Julian E. Barnes and Adam Satariano. Mar 17, 2019. “U.S. Campaign to Ban Huawei Overseas Stumbles as Allies Resist.” The New York Times. Build Back Better is Dead Joe Manchin. Dec 19, 2021. “Joe Manchin: 'I cannot vote' for Build Back Better amid 'real' inflation.” Fox News. Jamie Dupree. Dec 3, 2021. “No shutdown but little headway in Congress.” Regular Order. 2022 Spending Department of Homeland Security. “Operation Allies Welcome.” Paul Kane. Jan 12, 2022. “The E-word is poised for a Capitol Hill comeback.” The Washington Post. Voting Rights and Election Reform Cristina Marcos. “House passes voting rights package, setting up Senate filibuster showdown” Jan 13, 2022. The Hill. Zachary B. Wolf. May 19, 2021. “The 5 key elements of Trump's Big Lie and how it came to be.” CNN. The Filibuster Lindsay Wise. Jan 10, 2022. “McConnell Issues Threat to Democrats on Filibuster Changes.” The Wall Street Journal. Tim Lau. Apr 26, 2021. “The Filibuster, Explained.” Brennan Center for Justice. Sarah A. Binder. Apr 22, 2010. “The History of the Filibuster”. Brookings. The Electoral Count Act Miles Parks. Jan 8, 2022. “Congress may change this arcane law to avoid another Jan. 6.” NPR. Laws and Resolutions S.J.Res. 33: A joint resolution joint resolution relating to increasing the debt limit. Sponsor: Sen. Chuck Schumer (D-NY) Status: Signed into law by the President on Dec 16, 2021 S. 610: Protecting Medicare and American Farmers from Sequester Cuts Act Sponsor: Sen. Tim Kaine (D-VA) Status: Signed into law by the President on Dec 10, 2021 S. 1605: National Defense Authorization Act for Fiscal Year 2022 Status: Signed into law by the President on Dec 27, 2021 S. 3377: Capitol Police Emergency Assistance Act of 2021 Sponsor: Amy Klobuchar (D-MN) Status: Signed into law by the President on Dec 22, 2021 H.R. 6256: To ensure that goods made with forced labor in the Xinjiang Uyghur Autonomous Region of the People's Republic of China do not enter the United States market, and for other purposes. Sponsor: Rep. Jim McGovern (D-MA) Status: Signed into law by the President on Dec 23, 2021 H.R. 3919: Secure Equipment Act of 2021. Sponsor: Rep. Steve Scalise (R-LA) Status: Signed into law by the President on Nov 11, 2021 H.R. 6119: Further Extending Government Funding Act Sponsor: Rep. Rosa DeLauro (D-CT) Status: Signed into law by the President on Dec 3, 2021 H.R. 1319: American Rescue Plan Act of 2021 Tax credits for COVID Sec. 4006: Funeral Assistance For the COVID emergency declared on March 13, 2020 “and for any subsequent major disaster declarations that supercedes such emergency declaration”, FEMA funds “shall” be paid for 100% of disaster-related funeral expenses. Sec. 9631: Refundability and Enhancement of Child and Dependent Care Tax Credit For 2021, eligible taxpayers can get up to 50% of up to $8,000 in childcare costs (capped at $16,000 for multiple children under the age of 12) reimbursed via a refundable tax credit. The credit phases out for families with income higher than $400,000 per year. Sec. 9642: Credit for Sick Leave For Certain Self-Employed Individuals Allows self employed individuals to receive a tax credit for sick day related to COVID-19 from April 1, 2021 through September 30, 2021, including getting tested, quarantining, illness, and getting the vaccine. The number of days is capped at 10 and its capped at $200 per day. (=$2,000) Sec. 9643: Credit For Family Leave For Certain Self-Employed Individuals Allows self employed individuals to receive a refundable tax credit for family leave for COVID-19 testing, illness, or vaccines. It's capped at 60 days and $200 per day (=$12,000) Bills H.R.4 - John R. Lewis Voting Rights Advancement Act of 2021 Sponsor: Rep. Terri Sewell (D-AL) S.2747 - Freedom to Vote Act Sponsor: Sen. Amy Klobuchar (D-MN) H.R.5746 - Freedom to Vote: John R. Lewis Act Sponsor: Rep. Donald Beyer (D-VA) Audio sources Sen. Kyrsten Sinema. Jan 13, 2022. “Senator Sinema Announces Opposition to Changing Filibuster Rules.” C-SPAN. Sen. Krysten Sinema: I rise at a challenging divisive time for our nation. For years, America's politics have spiraled steadily downward into increasingly bitter tribal partisanship and our democracy has been strained. While that may sound abstract, it is a problem that hurts Americans in real, tangible ways. These deepening divisions hurt our ability to work together to create new job opportunities, protect the health and safety of our communities and country and to ensure everyday families get ahead. Our country's divisions have now fueled efforts in several states that will make it more difficult for Americans to vote and undermine faith that all Americans should have in our elections in our democracy. These state laws have no place in a nation whose government is formed by free, fair and open elections. I share the concerns of civil rights advocates and others I've heard from in recent months about these state laws. I strongly support those efforts to contest these laws and court and to invest significant resources into these states to better organize and stop efforts to restrict access at the ballot box. And I strongly support and will continue to vote for legislative responses to address these state laws, including the freedom to vote Act, and the John Lewis voting rights Advancement Act that the Senate is currently considering. And while I continue to support these bills, I will not support separate actions that were sent the underlying disease of division infecting our country. The debate over the Senate 60 vote threshold shines a light on our broader challenges. There is no need for me to restate my long standing support for the 60 vote threshold to pass legislation. There's no need for me to restate its role protecting our country from wild reversals and federal policy. Eliminating the 60 vote threshold will simply guarantee that we lose a critical tool that we need to safeguard our democracy from threats in the years to come. Our mandate, it seems evident to me work together and get stuff done for America. 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)

Do you ever judge a book by its cover? Join host Adrian M. Gibson and sci-fi/fantasy cover artists Daniel Dociu, Alyssa Winans, Felix Ortiz and Priscilla Kim, as well as self-pub author and cover artist/designer Luke Tarzian, as they delve into the visual side of the books we read and love. During the panel, they discuss commissions and the step-by-step of a cover art project, working with publishers, artistic mediums, tattoos, the video game industry vs. publishing, book design and typography, promoting yourself as a cover artist and much more. About the Panelists: Daniel Dociu is an award-winning SFF artist who has also worked as an Art Director and concept artist for some of the most prominent video game publishers and developers. Find Daniel on ArtStation. Alyssa Winans is an illustrator, animator, and game artist who currently works for the Google Doodle team. Find Alyssa on her personal website. Felix Ortiz is a graphic designer and digital artist who does covers for both traditionally published and self-published books. Find Felix on ArtStation. Priscilla Kim is an illustrator and concept artist with a focus on book and magazine covers, as well as portraiture. Find Priscilla on her personal website. Luke Tarzian is a self-published fantasy author and freelance cover artist/book designer best known for his novel Vultures, as well as the Adjacent Monsters series. Find Luke on Twitter or his personal website. Find Us Online: FanFiAddict Blog Discord Twitter Instagram Music: Intro: "FanFiAddict Theme (Short Version)" by Astronoz Interlude 1: "The Wind" by Astronoz The Broken Binding Ad & Interlude 2: “Crescendo” by Astronoz Outro: “Cloudy Sunset” by Astronoz SFF Addicts is part of FanFiAddict, so check us out at https://fanfiaddict.com for the latest in book reviews, essays and all things sci-fi and fantasy, as well as the full episode archive for the podcast and the blog post accompanying this episode. Follow us on Instagram or Twitter @SFFAddictsPod. You can also email us directly at sffaddictspod@gmail.com with queries, comments or whatever comes to mind. Also, please subscribe, rate and review us on your platform of choice, and share us with your friends. It helps a lot, and we greatly appreciate it.

Since the beginning of December, news outlets around the world have been covering a possible Russian invasion of Ukraine. In this episode, get the full back story on the civil war that has been raging in Ukraine since 2014, learn what role our government has played in the conflict, and hear Victoria Nuland - one of the highest ranking officials in the Biden administration's State Department - testify to the Senate Foreign Affairs Committee about the Biden administration's plans if Russia decides to use its military to invade Ukraine. 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! Background Sources Recommended Congressional Dish Episodes CD231: Lights Out: What Happened in Texas? CD229: Target Belarus CD206: Impeachment: The Evidence CD186: National Endowment for Democracy CD167: Combating Russia (NDAA 2018) LIVE CD156: Sanctions – Russia, North Korea & Iran CD068: Ukraine Aid Bill CD067: What Do We Want In Ukraine? CD024: Let's Gut the STOCK Act Articles, Documents, and Websites Conflicted Congress. Insider. TurkStream. “Project: The Turkstream Pipeline.” Western Balkans Investment Framework. “Ionian-Adriatic Pipeline (IAP) Project Financing.” Amber Infrastructure Group. “About Us: Our People.” Three Seas. “Three Seas Story.” Three Seas. “Priority Projects.” State Property Fund of Ukraine. “Large Privatization.” State Property Fund of Ukraine. “How to buy.” State Property Fund of Ukraine. “Ukrainian Government Assets for Sale.” Stephanie. December 14, 2021. “Kiev mayor Klitschko warns of Russian invasion.” News in 24. Kenny Stancil. December 13, 2021. “Groups Move to Uncover Why Biden Held Huge Drilling Sale That DOJ Said Was Not Required.” Common Dreams. The Kremlin. December 7, 2021. “Meeting with US President Joseph Biden.” Maxine Joselow and Alexandra Ellerbeck. December 6, 2021. “Biden is approving more oil and gas drilling permits on public lands than Trump, analysis finds.” The Washington Post. Medea Benjamin and Nicolas J. S. Davies. November 23, 2021. “The US-Russia Confrontation Over Ukraine.” Consortium News. International Monetary Fund (IMF). November 22, 2021. “IMF Executive Board Completes First Review Under Stand-By Arrangement for Ukraine, Approves Extension of the Arrangement, Press Release No. 21/342.” Nathan Rott. November 17, 2021. “The Biden administration sold oil and gas leases days after the climate summit.” NPR. Anatol Lieven. November 15, 2021. “Ukraine: The Most Dangerous Problem in the World.” The Nation. John Vandiver and Alison Bath. November 12, 2021. “US Actions in Ukraine Backfiring as Risk of Russian Invasion Grows, Analysts Say.” Military.com Andrew E. Kramer. November 3, 2021. “Weapons Tracing Study Implicates Russia in Ukraine Conflict.” The New York Times. Anton Troianovski and Julian E. Barnes. November 2, 2021. “U.S.-Russia Engagement Deepens as C.I.A. Head Travels to Moscow.” The New York Times. Anton Troianovski and David E. Sanger. October 31, 2021. “Rivals on World Stage, Russia and U.S. Quietly Seek Areas of Accord.” The New York Times. David E. Sanger. October 25, 2021. “Ignoring Sanctions, Russia Renews Broad Cybersurveillance Operation.” The New York Times. Artin DerSimonian. October 19, 2021. “Ice breaking? Russia waives ban on Victoria Nuland.” Responsible Statecraft. Andrew E. Kramer. October 18, 2021. “Russia Breaks Diplomatic Ties With NATO.” The New York Times. Mark Episkopos. October 16, 2021. “Victoria Nuland's Mission to Moscow.” The National Interest. Reuters. September 10, 2021. “Russia and Belarus launch 'hot phase' of huge war games.” Antony Blinken. August 20, 2021. “Imposition of Sanctions in Connection with Nord Stream 2.” U.S. Department of State.](https://www.state.gov/imposition-of-sanctions-in-connection-with-nord-stream-2/) Paul Belkin and Hibbah Kaileh. July 1, 2021. “In Focus: The European Deterrence Initiative: A Budgetary Overview, IF10946.” Congressional Research Service. Henrik B. L. Larsen. June 8, 2021. “Why NATO Should Not Offer Ukraine and Georgia Membership Action Plans. War on the Rocks. NATO. April 26, 2021. “Boosting NATO's presence in the east and southeast.” David E. Sanger and Andrew E. Kramer. April 15, 2021. “U.S. Imposes Stiff Sanctions on Russia, Blaming It for Major Hacking Operation.” The New York Times. The White House. April 15, 2021. “FACT SHEET: Imposing Costs for Harmful Foreign Activities by the Russian Government.” The White House. April 15, 2021. “Executive Order on Blocking Property with Respect to Specified Harmful Foreign Activities of the Government of the Russian Federation.” Reutuers. April 13, 2021. “NATO, not Russia, will decide if Ukraine joins, Stoltenberg says.” Vladimir Isachenkov. April 9, 2021. “Kremlin says it fears full-scale fighting in Ukraine's east.” AP News. Civil.ge. January 20, 2021. “Secretary-designate Blinken Says NATO Door Shall Remain Open to Georgia.” Hans M. Kristensen and Matt Korda. January 12, 2021. “Nuclear Notebook: United States nuclear weapons, 2021.” The Bulletin. Andrew Feinberg. January 9, 2021. “Two years after his infamous phone call with Trump, Zelensky comes to Washington.” The Independent. David E. Sanger, Nicole Perlroth and Julian E. Barnes. January 2, 2021. “As Understanding of Russian Hacking Grows, So Does Alarm.” The New York Times. David E. Sanger, Nicole Perlroth and Eric Schmitt. December 14, 2020. “Scope of Russian Hacking Becomes Clear: Multiple U.S. Agencies Were Hit”. The New York Times. Mark Episkopos. November 11, 2020. “Ukraine's Power Play on Minsk.” The National Interest. Government Accountability Office. October 21, 2020. “Crude Oil Markets: Effects of the Repeal of the Crude Oil Export Ban, GAO-21-118.” Anthony B. Cavender, Thomas A. Campbell, Dan LeFort, Paul S. Marston. December 23, 2015. “U.S. Repeals Longstanding Ban on Export of Crude Oil.” Pillsbury Law. Robert Parry. July 15, 2015. “The Ukraine Mess That Nuland Made.” Truthout. Robert Parry. March 19, 2015. “Ukraine's Poison Pill for Peace Talks.” Consortium News. “Full text of the Minsk agreement” February 12, 2015. Financial Times. NATO. May 8, 2014. “Article 23.” Bucharest Summit Declaration Seumas Milne. April 30, 2014. “It's not Russia that's pushed Ukraine to the brink of war.” The Guardian. David Morrison. Updated May 9, 2014. “How William Hague Deceived the House of Commons on Ukraine.” HuffPost. US Energy Information Administration. March 15, 2014. “16% of Natural Gas Consumed in Europe Flows Through Ukraine.” Energy Central. Robert Parry. February 27, 2014. “Cheering a ‘Democratic' Coup in Ukraine.” Common Dreams. “Ukraine crisis: Transcript of leaked Nuland-Pyatt call.” February 7, 2014. BBC News. Adam Taylor. December 16, 2013. “John McCain Went To Ukraine And Stood On Stage With A Man Accused Of Being An Anti-Semitic Neo-Nazi.” Insider. Brian Whelan. December 16, 2013. “Far-right group at heart of Ukraine protests meet US senator.” Channel 4 News. Guardian staff and agencies. December 15, 2013. “John McCain tells Ukraine protesters: 'We are here to support your just cause.'” The Guardian. International Monetary Fund (IMF). October 31, 2013. “Statement by IMF Mission to Ukraine, Press Release No. 13/419.” Carl Gershman. September 26, 2013. “Former Soviet States Stand Up to Russia. Will the U.S.?” The Washington Post. Amanda Winkler. November 14, 2011. “'60 Minutes' Exposes Congressional Insider Trading.” The Christian Post. Images USAID and Ukraine Privatization Fund Bills S.1605 - National Defense Authorization Act for Fiscal Year 2022 Sponsor: Sen. Scott, Rick [R-FL] Audio Sources President Biden White House Departure December 8, 2021 President Biden briefly stopped and spoke with reporters as he departed the White House for an event in Kansas City, Missouri. He began by addressing the Omicron variant, saying that the Pfizer vaccine is showing encouraging results against the COVID-19 variant. When asked about Russian President Putin and Ukraine, President Biden said if Putin were to invade Ukraine, there “will be severe consequences.” He went on to say that putting U.S. troops on the ground in Ukraine is currently “not in the cards.” close Report Video Issue Clips Biden: We hope by Friday, we're going to be able to say and announce to you that we're having meetings at a higher level, not just with us, but with at least four of our major NATO allies and Russia to discuss the future of Russia's concerns relative to NATO writ large. And whether or not we can work out any accommodations as it relates to bringing down the temperature along the eastern front. Biden: We have a moral obligation and a legal obligation to our NATO allies if they were to attack under Article Five, it's a sacred obligation. That obligation does not extend to NATO, I mean to Ukraine, but it would depend upon what the rest of the NATO countries were willing to do as well. But the idea of the United States is going to unilaterally use force to confront Russia invading Ukraine is not in the cards right now. Biden: Meeting with Putin. I was very straightforward. There were no minced words. It was polite, but I made it very clear, if in fact, he invades Ukraine, there will be severe consequences, severe consequences. Economic consequences, like none he's ever seen or ever had been seen in terms of ease and flows. He knows his immediate response was he understood that and I indicated I knew he would respond. But beyond that, if in fact, we would probably also be required to reinforce our presence in NATO countries to reassure particularly those on the Eastern Front. In addition to that, I made it clear that we would provide the defensive capability to the Ukrainians as well. Hearing on U.S. Policy Toward Russia Senate Committee on Foreign Relations December 7, 2021 Victoria Nuland, the undersecretary of state for political affairs, testified at a Senate Foreign Relations Committee hearing on U.S. policy toward Russia. She addressed President Biden's earlier call with Russian President Vladimir Putin and said that Russia would suffer severe consequences if it attacked Ukraine. Other topics included the use of sanctions if Russia invades Ukraine, the cooperation of NATO and U.S. allies, Russia's use of energy during conflict, and the Nord Stream 2 Pipeline 00:20 Sen. Bob Menendez (D-NJ): As we meet here today Russia is engaged in one of the most significant troop buildups that we have seen along Ukraine's border. To nyone paying attention, this looks like more than posturing, more than attention seeking. The Kremlin's actions clearly pose a real threat of war. 00:40 Sen. Bob Menendez (D-NJ): I want to be crystal clear to those listening to this hearing in Moscow, Kiev and other capitals around the world. A Russian invasion will trigger devastating economic sanctions the likes of which we have never seen before. 00:59 Sen. Bob Menendez (D-NJ): I proposed a suite of options last month in an amendment to the NDA. The Russian banking sector would be wiped out, sovereign debt would be blocked, Russia would be removed from the Swift payment system, sectoral sanctions would cripple the Russian economy. Putin himself as well as his inner circle would lose access to bank accounts in the West. Russia would effectively be cut off and isolated from the international economic system. Let me be clear, these are not run of the mill sanctions. What is being discussed is at the maximum end of the spectrum, or as I have called it the mother of all sanctions, and I hope that we can come together in a bipartisan way to find a legislative path forward soon, so that we can achieve that. 1:51 Sen. Bob Menendez (D-NJ): If Putin invades Ukraine the implications will be devastating for the Russian economy but also for the Russian people. 2:24 Sen. Bob Menendez (D-NJ): But is the Kremlin really ready to face a bloody, persistent and drawn out insurgency? How many body bags is Putin willing to accept? 6:03 Sen James Risch (R-ID): This is a clearly clearly bipartisan matter. 7:40 Victoria Nuland: First, let me review what we are seeing. Over the past six weeks, Russia has stepped up planning for potential further military action in Ukraine, positioning close to 100,000 troops around Ukraine's eastern and northern borders and from the south via the Crimean peninsula. Russian plans and positioning of assets also include the means to destabilize Ukraine from within, and an aggressive information operation and an attempt to undermine Ukrainian stability and social cohesion and to pin the blame for any potential escalation on Kiev, and on NATO nations including the United States. Russia's military and intelligence services are continuing to develop the capability to act decisively in Ukraine when ordered to do so, potentially in early 2022. The intended force, if fully mobilized, would be twice the size of what we saw last spring, including approximately 100 battalion tactical groups, or nearly all of Russia's ready ground forces based west of the Urals. We don't know whether President Putin has made a decision to attack Ukraine or to overthrow its government. But we do know he's building the capacity to do so. 10:42 Victoria Nuland: Since 2014 The United States has provided Ukraine with $2.4 billion in security assistance including $450 million this year alone 12:00 Victoria Nuland: Diplomacy remains the best route to settle the conflict in Donbas and address any other problems or grievances. The Minsk agreements offer the best basis for negotiations and the US is prepared to support a revived effort if the parties welcome that. 15:16 Victoria Nuland: You might have seen a press conference today that commission Chairwoman van der Laan gave in Brussels in which she made absolutely clear that the EU would also join in very consequential economic measures of the kind that they have not employed before. 23:26 Victoria Nuland: It's also important, I think, for President Putin to understand as the President conveyed to him today, that this will be different than it was in 2014. If he goes in you will recall then that our sanctions escalated somewhat gradually as he didn't stop moving. This time the intent is to make clear that the initial sanctions in response to any further aggressive moves in Ukraine will be extremely significant and isolating for Russia and for Russian business and for the Russian people. 24:51 Victoria Nuland: As you know, energy is the cash cow that enables these kinds of military deployments. So Putin needs the energy to flow as as much as the consumers need it. But more broadly, we have been counseling Europe for almost a decade now to reduce its dependence on Russian energy, including our opposition to Nord Stream 2 and our opposition to Nord Stream 1 and our opposition to to TurkStream and TurkStream 2 and to have come to find alternative sources of hydrocarbons but also to continue their efforts to go green and end their dependencies. 30:55 Sen. Todd Young (R-IN): President Putin and Foreign Minister Lavrov have repeatedly indicated that they seek to deny any potential path to NATO membership for Ukraine and other Eastern European countries. Does the administration view this demand is a valid issue for negotiation? Victoria Nuland: No we do not and President Biden made that point crystal clear to President Putin today that the issue of who joins NATO is an issue for NATO to decide it's an issue for applicant countries to decide that no other outside power will or may have a veto or a vote in those decisions. 32:22 Jeanne Shaheen (D-NH): Senator Portman and I offered an amendment to this year's NDAA in that vein to increase military assistance and raise the amount of assistance that could go to lethal weapons. 33:21 Victoria Nuland: But we will not be shy about coming to you as we as we need support and the bipartisan spirit here is really gratifying. 34:08 Victoria Nuland: At the NATO ministerial last week, there was a commitment among allies that we needed more advice and more options from our NATO military authorities with regard to the consequences of any move by Russia deeper into Ukraine and what that would mean for the eastern edge of the alliance and what it would mean about our need to be more forward deployed in the east. 34:44 Jeanne Shaheen (D-NH): Belarus now that it is seems to be totally within Russia's control also presents another front for the potential for Russia to invade Ukraine. Can you speak to whether we view what's happening in Belarus in that way? I know that Ukrainians view it that way because we heard that when we were in Halifax for the international security forum and met with some Ukrainian officials. Victoria Nuland: Well, as as you know, Senator, the situation in Belarus is just tragic and really concerning in many, many ways, which is why the administration along with the European Union in a multilateral way increased sanctions just last week, including blocking the sale to us or to Europe of one of the great sources of Lukashenko has money potash, etc, and sanction some dozens more Belarusians responsible for the violence and intimidation there and particularly now for the weaponization of migrants pushing you know, accepting them from third countries and then pushing them against the EU's border in a very cynical and dangerous way. But I think you're talking about the potential as Lukashenko becomes more and more dependent on the Kremlin and gives up more and more of Belarus is sovereignty, something that he told his people he would never do that Russia could actually use Belarusian territory to march on Ukraine and or mask, its forces as Belarusian forces. All of those -- Those are both things that that we are watching, and it was particularly concerning to see President Lukashenko would make a change in his own posture with regard to Crimea. He had long declined to recognize Russia Russia's claim on Crimea, but he changed tack a week ago which is concerning. 39:08 Sen. Ron Johnson (R-WI): If there's one thing that Vladimir Putin aught to understand is how unified we are. I mean, there are many things that divide us politically in this country. But when it comes to pushing back on Russian aggression, supporting countries like Ukraine that are trying to develop their freedom, free themselves from their legacy of corruption from their former involvement with the Soviet Union, we are very strongly united. 39:56 Sen. Ron Johnson (R-WI): What we impose on them and how and how harmful it would be to Russia, you know, unfortunately to Russian people. 40:36 Victoria Nuland: What we're talking about would amount to essentially isolating Russia completely from the global financial system with all of the fallout that that would entail for Russian business, for the Russian people, for their ability to, to work and travel and trade. 41:41 Sen. Ron Johnson (R-WI): I can't think of a more powerful way to punish Russian aggression than by rolling back what progress has been made, and if at all possible, prevent the Nord Stream 2 from ever being completed. Is that something that is being discussed with allies is that something's being contemplated? Victoria Nuland: Absolutely. And as if, as you recall from the July U.S.-German statement that was very much in that statement that if that any moves, Russian aggression against Ukraine would have a direct impact on the pipeline, and that is our expectation and the conversation that we're having. Sen. Ron Johnson (R-WI): So again, direct impact is one thing, but I'm literally talking about rolling back the pipeline. Loosely define that but I mean, taking action that will prevent it from ever becoming operational. Victoria Nuland: I think if President Putin moves on Ukraine, our expectation is that the pipeline will be suspended. Sen. Ron Johnson (R-WI): Well, I certainly hope that the Senate Foreign Relations Committee would take up legislation to go beyond just suspending it but from ending it permanently. 44:28 Victoria Nuland: I think we can, and I know this is close to your heart as well, need to do better in our Global Engagement Center and in the way we speak to audiences around the world and particularly on these kinds of subjects. 55:04 Sen. Chris Murphy (D-CT): But something different has happened in that country since what has been referred to as the Revolution of Dignity. I got the chance to be there on the Maidan during the midst of that revolution with you and Senator McCain. 58:56 Sen. Chris Murphy (D-CT): The Three Seas Initiative is a really important initiative linking essentially the ring of countries that are either former republics or satellite states of the Soviet Union together. They're begging for US participation in their projects necessary to make them more energy independent of Russia. Isn't this an opportunity for the United States to step up and take some of these customers away from Russia's gas station? Victoria Nuland: Absolutely, as we have been doing with our support for more LNG terminals around Europe for many years, as we are doing now in our support for, you know, green alternatives, not just in the United States, but in Europe as well. And many, many US companies are involved with that. But that particular belt of three C's countries is absolutely crucial, as you've said. 1:11:19 Sen. Rob Portman (R-OH): I visited to Maidan in 2014. The tires were still smoldering and the Revolution of Dignity changed everything. You know, Ukraine decided to turn to us and to the West, and to freedom and democracy. And it was a momentous decision. They chose to stand with us. And now it's our turn to stand with them. And we've done that over the years. I mean, if you look at what happened with regard to the Ukraine security assistance initiative, which I co authored. Over the past six years, the United States has transferred defense articles, conducted training with Ukrainian military. We have been very engaged. 1:12:05 Sen. Rob Portman (R-OH): This week we have the NDAA likely to be voted on and likely it will include an increase in that lethal defensive funding. 1:12:14 Sen. Rob Portman (R-OH): What defensive weapons has Ukraine ask for and what is the State Department willing to provide them under an expedited process? 1:18:44 Sen. Tim Kaine (D-VA): My concern is this: if the United States and the West's response to a military invasion is sanctions, but no military response, obviously, we're providing military aid to Ukraine. And we've been generous in that way. But if we are not willing to help a Ukrainian military, that's 50,000 people matched up against Russia, I would think that China would conclude, boy, the West sure, I'm going to come to the aid of Taiwan, if we were to do something on Taiwan. Because China would conclude, we're much more militarily powerful than Russia is. And the status questions about Taiwan and sovereignty are a little bit murkier than those about Ukraine. And there's no NATO in the Indo Pacific, we have allies in the Indo Pacific but we don't have a NATO with a charter, with a self defense article. I think China would determine, if the West responds to a military invasion went as far as sanctions but no further, that the United States and other nations would be extremely unlikely to use military force to counter a military invasion of Taiwan. And I think Taiwan would likely conclude the same thing. So I'm very concerned about that. And I wonder, is that a fair concern that I have about how the Chinese and the Taiwanese would view the West's unwillingness to provide more significant military support to stop an invasion by Russia? Is my concern a fair one? Or is my concern overwrought? Victoria Nuland: Senator, in this setting, I would simply say that this is a moment of testing. And I believe that both autocrats around the world and our friends around the world will watch extremely carefully what we do, and it will have implications for generations. Sen. Tim Kaine (D-VA): And those and those implications could go far beyond Ukraine. Victoria Nuland: They could go well beyond Europe. Yes. 1:22:00 Sen. Marco Rubio (R-FL): Then I would imagine that he's already been publicly messaging what his asks are. The first is that we would pull back NATO forces from anywhere near their western border. The second is to completely rule out the admission probably not just of Ukraine, but Georgia as a member of NATO. And the third is to stop arming Ukraine. Of those three conditions that he's publicly messaged already, would the United States agreed to any of those three? Victoria Nuland: All of those would be unacceptable. 1:41:11 Victoria Nuland: And in fact you could argue that in the Donbas he did take control of some 40% of Ukraine's coal reserves which were a major energy input 1:42:04 Sen. Bob Menendez (D-NJ): I hope the one thing that anyone in the world who is watching this hearing today takes away is that even on some of the most contentious issues of the day, on this one, there is overwhelming, broad, bipartisan support for Ukraine there is overwhelming bipartisan support for its territorial integrity, there is overwhelming bipartisan support for swift and robust action. And after conversations with some of the members of the committee, I look to galvanize that in some tangible way legislatively as we wait for the days ahead as to what may or may not happen. Ukrainian President Zelensky Meeting with Secretary Austin at the Pentagon August 31, 2021 Secretary Lloyd Austin: As you know sir, President Biden has approved a new $60 million security assistance package including Javelin anti-armor systems and more to enable Ukraine to better defend itself against Russian aggression. Secretary Lloyd Austin: Now this department is committed to strengthening our Strategic Defense Partnership. The US Ukraine strategic defense framework that Minister Tehran and I will sign today enhances our cooperation and advances our shared priorities, such as ensuring that our bilateral security cooperation continues to help Ukraine countering Russian aggression and implementing defense and defense industry reforms in support of Ukraine's NATO membership aspirations, and deepening our cooperation in such areas as Black Sea security, cyber defense and intel sharing. Russian President Putin Annual Call-In Program June 30, 2021 Russian President Vladimir Putin held his annual call-in question and answer session with citizens from around the country. During this 70-minute portion, he answered questions on relations with Ukraine, the European Union, and the United States, reiterating that whatever sanctions are imposed against Russia, his country's economy will prevail. Clips Putin: I have already said that it is impossible and it makes no sense to try to restore the Soviet Union by a number of reasons and looking at the demographic processes in a number of former Soviet republic, so it's unreasonable effort to do because we can face a lot of social problems that will be possible to resolve and some issues like the ethnic groups, in various regions, but what should we do about Russia itself without the geopolitical realities and about our internal development? Putin: Why is Ukraine not on the list of countries who are Russia's adversaries? Another question: are you going to meet with Zelensky? Well, why Ukriane is not on the list of adversaries? That's because I do not think that the Ukrainian people are our adversaries. I said it many times and I will say it again. The Ukrainians and Russians, that's one people, one nation. Putin: What I'm worried about is a fundamental thing. They are trying to open up military bases near or inside Ukraine. Making the territory of Ukraine, the territory that's close on the border with Russia a military platform for other countries is a threat to the security of Russia. And this is what worries us. This is what we have to think about. Discussion: Foreign Affairs Issue Launch with Former Vice President Joe Biden Council on Foreign Affairs January 23, 2018 Clips 00:06:15 Joe Biden: They cannot compete against a unified West. I think that is Putin's judgment. And so everything he can do to dismantle the post-World War II liberal world order, including NATO and the EU, I think, is viewed as in their immediate self-interest. 00:24:15 Haass: In the piece, the two of you say that there's no truth that the United States—unlike what Putin seems to believe or say, that the U.S. is seeking regime change in Russia. So the question I have is, should we be? And if not, if we shouldn't be seeking regime change, what should we be seeking in the way of political change inside Russia? What's an appropriate agenda for the United States vis-à-vis Russia, internally? 00:24:30 Biden: I'll give you one concrete example. I was—not I, but it just happened to be that was the assignment I got. I got all the good ones. And so I got Ukraine. And I remember going over, convincing our team, our leaders to—convincing that we should be providing for loan guarantees. And I went over, I guess, the 12th, 13th time to Kiev. And I was supposed to announce that there was another billion-dollar loan guarantee. And I had gotten a commitment from Poroshenko and from Yatsenyuk that they would take action against the state prosecutor. And they didn't. So they said they had—they were walking out to a press conference. I said, nah, I'm not going to—or, we're not going to give you the billion dollars. They said, you have no authority. You're not the president. The president said—I said, call him. (Laughter.) I said, I'm telling you, you're not getting the billion dollars. I said, you're not getting the billion. I'm going to be leaving here in, I think it was about six hours. I looked at them and said: I'm leaving in six hours. If the prosecutor is not fired, you're not getting the money. Well, son of a bitch. (Laughter.) He got fired. And they put in place someone who was solid at the time. Confirmation Hearing: Defense Secretary Confirmation Hearing Senate Armed Services Committee January 12, 2017 00:20:15 Sen. McCain: For seven decades, the United States has played a unique role in the world. We've not only put America first, but we've done so by maintaining and advancing a world order that has expanded security, prosperity, and freedom. This has required our alliances, our trade, our diplomacy, our values, but most of all, our military for when would-be aggressors aspire to threaten world order. It's the global striking power of America's armed forces that must deter or thwart their ambitions. Too many Americans, too many Americans seem to have forgotten this in recent years. Too many have forgotten that our world order is not self-sustaining. Too many have forgotten that while the threats we face may not have purely military solutions, they all have military dimensions. In short, too many have forgotten that hard power matters—having it, threatening it, leveraging it for diplomacy, and, at times, using it. Fairly or not, there is a perception around the world that America is weak and distracted, and that has only emboldened our adversaries to challenge the current world order. Daily Briefing: Nuland Tape Press Conference February 6, 2014. Jen Psaki, State Department Spokesperson 0:19 Reporter: Can you say whether you—if this call is a recording of an authentic conversation between Assistant Secretary Nuland and Ambassador Pyatt? Jen Psaki: Well, I'm not going to confirm or outline details. I understand there are a lot of reports out there, and there's a recording out there, but I'm not going to confirm a private diplomatic conversation. Reporter: So you are not saying that you believe this is a—you think this is not authentic? You think this is a— Psaki: It's not an accusation I'm making. I'm just not going to confirm the specifics of it. Reporter: Well, you can't even say whether there was a—that this call—you believe that this call, you believe that this recording is a recording of a real telephone call? Psaki: I didn't say it was inauthentic. I think we can leave it at that. Reporter: Okay, so, you're allowing the fact that it is authentic. Psaki: Yes. Reporter: “Yes,” okay. Psaki: Do you have a question about it? Phone Conversation: Nuland-Pyatt Leaked Phone Conversation February 4, 2014 Nuland: Good. So I don't think Klitsch [Vitali Klitschko] should go into the government. I don't think it's necessary, I don't think it's a good idea. Pyatt: Yeah, I mean I guess, in terms of him not going into the government, just sort of letting him stay out and do his political homework and stuff. I'm just thinking in terms of, sort of, the process moving ahead, we want to keep the moderate Democrats together. The problem is going to be Tyahnybok and his guys and I'm sure that's part of what Yanukovych is calculating on all this. Nuland: I think Yatz [Arseniy Yatsenyuk] is the guy with the economic experience, the governing experience. He's the guy. What he needs is Klitsch [Vitali Klitschko] And Tyahnybok On the outside, he needs to be talking to them four times a week. You know, I just think Klitsch [Vitali Klitschko] Going in he's going to be at that level working for Yatsenyuk it's just not gonna work. Pyatt: We want to get someone out here with and international personality to come out here and help to midwife this thing. And then the other issue is some kind of outreach to Yanukovych. We'll probably regroup on that tomorrow as we see how things fall into place. Nuland: So on that piece, Jeff, I wrote the note, Sullivan's come back to me saying “you need Biden,” and I said probably tomorrow for an attaboy and get the deeds to stick, Biden's willing. Pyatt Great. Press Conference: Senator John McCain on Ukraine at the Atlantic Council C-SPAN December 19, 2013. 00:16:45 McCain: If Ukraine's political crisis persists or deepens, which is a real possibility, we must support creative Ukrainian efforts to resolve it. Senator Murphy and I heard a few such ideas last weekend—from holding early elections, as the opposition is now demanding, to the institution of a technocratic government with a mandate to make the difficult reforms required for Ukraine's long-term economic health and sustainable development. Decisions such as these are for Ukrainians to make—no one else—and if they request our assistance, we should provide it where possible. Finally, we must encourage the European Union and the IMF to keep their doors open to Ukraine. Ultimately, the support of both institutions is indispensable for Ukraine's future. And eventually, a Ukrainian President, either this one or a future one, will be prepared to accept the fundamental choice facing the country, which is this: While there are real short-term costs to the political and economic reforms required for IMF assistance and EU integration, and while President Putin will likely add to these costs by retaliating against Ukraine's economy, the long-term benefits for Ukraine in taking these tough steps are far greater and almost limitless. This decision cannot be borne by one person alone in Ukraine. Nor should it be. It must be shared—both the risks and the rewards—by all Ukrainians, especially the opposition and business elite. It must also be shared by the EU, the IMF and the United States. All of us in the West should be prepared to help Ukraine, financially and otherwise, to overcome the short-term pain that reforms will require and Russia may inflict. Discussion: Beyond NAFTA and GATT C-SPAN April 20, 1994 Arthur Dunkel, Director General of the UN 26:00:00 Dunkel: If I look back at the last 25 years, what did we have? We had two worlds: The so-called Market Economy world and the centrally planned world; the centrally planned world disappeared. One of the main challenges of the Uruguay round has been to create a world wide system. I think we have to think of that. Secondly, why a world wide system? Because, basically, I consider that if governments cooperate in trade policy field, you reduce the risks of tension – political tension and even worse than that.” 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)