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CD254: Baby Formula Shortage
01:25:17
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
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 SourcesRecommended Congressional Dish EpisodesCD234: AWOL Recall: The Rock and Play Sleeper The Formula ShortageAbbott. Jun 15, 2022. “Update on Abbott’s Sturgis Plant and Formula Production.” 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 MonopolyMatt 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 FailureLetter from Rep. Raja Krishnamoorthi to FDA Commissioner Robert Califf. March 24, 2022. U.S. House of Representatives. Poisoned Baby FoodHouse 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 FormulaBrenda 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 SegmentBill 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 MarketingThe 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. The World Health Organization. Jan 27, 1981. “International Code of Marketing of Breast-Milk Substitutes.” Fisher-Price UpdateKatie 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. LawsH.R.7791: Access to Baby Formula Act of 2022Jen’s Highlighted PDF of Public Law 117–129 H.R.3182: Safe Sleep for Babies Act of 2021Audio SourcesINFANT FORMULA CRISISMay 26, 2022 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 Clips37:26 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 BABIESMay 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 Clips41:55 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 CRISISMay 25, 2022 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 Clips32:29 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 ArtDesign by Only Child Imaginations Music Presented in This EpisodeIntro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio) |
Jun 26, 2022 |
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CD253: Escalation of War
01:44:52
Since the Russian invasion of Ukraine began, Congress has signed four laws that send enormous amounts of money and weapons to Ukraine, attempting to punish Russia for President Putin’s invasion. In this episode, we examine these laws to find out where our money will actually go and attempt to understand the shifting goals of the Biden administration. The big picture, as it’s being explained to Congress, differs from what we’re being sold.
Please Support Congressional Dish – Quick Links
Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Background SourcesRecommended Congressional Dish ContentUkraine and RussiaCD248: Understanding the Enemy CD167: Combating Russia (NDAA 2018) LIVE CD067: What Do We Want In Ukraine? SyriaCD172: The Illegal Bombing of Syria World Trade SystemWhat Is the World Trade System? CD230: Pacific Deterrence Initiative CD102: The World Trade Organization: COOL? Russian BlockadeShane Harris. May 24, 2022. “U.S. intelligence document shows Russian naval blockade of Ukraine.” The Washington Post. NATO ExpansionJim Garamone. Jun 1, 2022. “Russia Forcing Changes to NATO Strategic Concepts.” U.S. Department of Defense News. Matthew Lee. May 27, 2022. “US: Turkey’s NATO issues with Sweden, Finland will be fixed.” AP News. Ted Kemp. May 19, 2022. “Two maps show NATO’s growth — and Russia’s isolation — since 1990.” CNBC. U.S. Involvement in UkraineHelene Cooper, Eric Schmitt and Julian E. Barnes. May 5, 2022. “U.S. Intelligence Helped Ukraine Strike Russian Flagship, Officials Say.” The New York Times. Julian E. Barnes, Helene Cooper and Eric Schmitt. May 4, 2022. “U.S. Intelligence Is Helping Ukraine Kill Russian Generals, Officials Say.” The New York Times. Private Security ContractorsChristopher Caldwell. May 31, 2022. “The War in Ukraine May Be Impossible to Stop. And the U.S. Deserves Much of the Blame.” The New York Times. Joaquin Sapien and Joshua Kaplan. May 27, 2022. “How the U.S. Has Struggled to Stop the Growth of a Shadowy Russian Private Army.” ProPublica. H.R. 7691 BackgroundHow It PassedGlenn Greenwald. May 13, 2022. “The Bizarre, Unanimous Dem Support for the $40b War Package to Raytheon and CIA: ‘For Ukraine.’” Glenn Greenwald on Substack. Catie Edmondson and Emily Cochrane. May 10, 2022. “House Passes $40 Billion More in Ukraine Aid, With Few Questions Asked.” The New York Times. Republican HoldoutsGlenn Greenwald and Anthony Tobin. May 24, 2022. “Twenty-Two House Republicans Demand Accountability on Biden's $40b War Spending.” Glenn Greenwald on Substack. Amy Cheng and Eugene Scott. May 13, 2022. “Rand Paul, lone Senate holdout, delays vote on Ukraine aid to next week.” The Washington Post. Morgan Watkins. May 13, 2022. “Sen. Rand Paul stalls $40 billion in aid for Ukraine, breaking with Mitch McConnell USA Today. Stephen Semler. May 26, 2022. “The Ukraine Aid Bill Is a Massive Windfall for US Military Contractors.” Jacobin. Biden Signs in South KoreaBiden signs Ukraine Bill and Access to Baby Formula Act in South Korea. Reddit. Kate Sullivan. May 20, 2022. “Flying the Ukraine aid bill to South Korea for Biden's signature isn't unheard of. It also may not be totally necessary.” CNN. How Much Money, and Where Will It Go?Stephen Semler. May 23, 2022. “A breakdown of the Ukraine aid bill.” Speaking Security on Substack. “CBO Estimate for H.R. 7691, Additional Ukraine Supplemental Appropriations Act, 2022, as Passed by the House of Representatives on May 10, 2022.” May 11 2022. Congressional Budget Office. Christina Arabia, Andrew Bowen, and Cory Welt. Updated Apr 29, 2022. “U.S. Security Assistance to Ukraine.” [IF12040] Congressional Research Service. “22 U.S. Code § 2346 - Authority.” Legal Information Institute, Cornell School of Law. Representatives’ Raytheon and Lockheed Martin StocksKimberly Leonard. May 19, 2022. “20 members of Congress personally invest in top weapons contractors that'll profit from the just-passed $40 billion Ukraine aid package.” Insider. Kimberly Leonard. Mar 21, 2022. “GOP Rep. John Rutherford of Florida bought Raytheon stock the same day Russia invaded Ukraine.” Insider. Marjorie Taylor Green [@RepMTG]. Feb 24, 2022. “War is big business to our leaders.” Twitter. “Florida’s 4th Congressional District.” GovTrack. “Rules Based Order”Anthony Dworkin. Sep 8, 2020. “Why America is facing off against the International Criminal Court.” “History of the multilateral trading system.” *The World Trade Organization “Facts: Global Inequality” Inequality.org “Timeline: Former Russian President Boris Yeltsin.” Apr 23, 2007. NPR. CrimeaKenneth Rapoza. Mar 20, 2015. One Year After Russia Annexed Crimea, Locals Prefer Moscow To Kiev Forbes. “Crimea exit poll: About 93% back Russia union. March 16, 2014. BBC. Shifting StrategiesEconomic WarLarry Elliott. Jun 2, 2022. “Russia is winning the economic war - and Putin is no closer to withdrawing troops. The Guardian. Nigel Gould-Davies. May 12, 2022. “We Must Make Sure Russia Finishes This War in a Worse Position Than Before” The New York Times. Weapons EscalationJake Johnson. Jun 1, 2022. “'Slippery Slope... Just Got a Lot Steeper': US to Send Ukraine Advanced Missiles as Russia Holds Nuke Drills.” Common Dreams. C. Todd Lopez. Jun 1, 2022. “Advanced Rocket Launcher System Heads to Ukraine.” U.S. Department of Defense News. Greg Norman. Jun 1, 2022. “Russia stages nuclear drills after US announces rockets to Ukraine.” Fox News. Christian Esch et al. May 30, 2022. “What's Next for Ukraine? The West Tries to Figure Out What Peace Might Look Like.” Spiegel International. See Image. Alastair Gale. May 24, 2022. “China and Russia Sent Bombers Near Japan as Biden Visited Tokyo.” The Wall Street Journal. Mike Stone. Mar 11, 2022. “Exclusive: Pentagon revives team to speed arms to Ukraine and allies, sources say.” Reuters. Secretary Austin and the PentagonJim Garamone. May 20, 2022. “Austin to Host Second Ukraine Contact Group Meeting Monday.” U.S. Department of Defense News. Natasha Bertrand et al. Apr 26, 2022. “Austin’s assertion that US wants to ‘weaken’ Russia underlines Biden strategy shift.” CNN. David Sanger. Apr 25, 2022. “Behind Austin’s Call for a ‘Weakened’ Russia, Hints of a Shift.” The New York Times. Mike Stone. Apr 12, 2022. “Pentagon asks top 8 U.S. weapons makers to meet on Ukraine -sources.” Reuters. Glenn Greenwald. Dec 8, 2020. “Biden's Choice For Pentagon Chief Further Erodes a Key U.S. Norm: Civilian Control.” Glenn Greenwald on Substack. Democrats Still All InMarc Santora. May 1, 2022. “Pelosi and Democratic lawmakers vow the U.S. will stand with Ukraine. The New York Times. RFE/RL's Ukrainian Service. May 1, 2022. “Civilians Evacuated From Mariupol; U.S. House Speaker Pelosi Visits Kyiv.” Radio Free Europe/Radio Liberty. “Ukraine war: Joe Biden calls for removal of Vladimir Putin in angry speech.” Mar 26, 2022. Sky News. The LawsH.R. 7691: Additional Ukraine Supplemental Appropriations Act, 2022S.3522: Ukraine Democracy Defense Lend-Lease Act of 2022Passed by Voice Vote in the Senate H.R.6968 - Ending Importation of Russian Oil ActH.R.7108: Suspending Normal Trade Relations with Russia and Belarus ActSenate Vote: 100-0 (amended the original House bill) House debate 1 (on original version) House debate 2 (final version) Audio SourcesJoe Manchin at the World Economic Forum's meeting in DavosMay 23, 2022 Clips
The Ukraine Crisis: Implications for U.S. Policy in the Indo-PacificMay 19, 2022 Witnesses: Clips
Middle East, North Africa, and Global CounterterrorismMay 18, 2022 Witnesses: Dr. Hanna Notte, Senior Research Associate, Vienna Center for Disarmament and Non-Proliferation Clips
Sen. Rand Paul: ‘We cannot save Ukraine by dooming the U.S. economy’May 12, 2022 NBC News Clips
U.S. Efforts to Support UkraineMay 12, 2022 Senate Committee on Foreign Relations Witnesses: Jessica Lewis, Assistant Secretary of State for Political-Military Affairs Clips
The Impact of Russia's Invasion of Ukraine in the Middle East and North AfricaMay 11, 2022 Witnesses: Clips
Lindsey Graham declares, "let's take out Putin" and says there is "no off-ramp in this war"May 9, 2022 Clips
Secretary of State Antony J. Blinken and Secretary ofDefense Lloyd J. Austin III Remarks to Traveling PressApril 25, 2022 Remarks by President Biden on the United Efforts of the Free World to Support the People of UkraineMarch 26, 2022 U.S. Policy and Russian Involvement in SyriaNovember 4, 2015 Cover ArtDesign by Only Child Imaginations Music Presented in This EpisodeIntro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio) |
Jun 06, 2022 |
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CD252: Women’s Health Protection Act
01:19:21
The Women’s Health Protection Act is a bill written by Democrats that would guarantee access to abortion services in the United States. While this bill is unlikely to become law, learning what exactly the Democrats are proposing is instructive, as many of us will be voting with abortion in mind later this year. Now that the Supreme Court is poised to overturn previous decisions that guaranteed access to abortion services for the past 50 years, what do Democrats hope to do in response?
Please Support Congressional Dish – Quick Links
Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Links to We’re Not WrongWe’re Not Wrong on Apple Podcasts We’re Not Wrong on Podcast Addict Executive Producer Recommended EpisodeCD190: A Coup for Capitalism Follow up reading: Tom Phillips, Patrick Wintour and Julian Borger. May 19, 2022. “Maduro glimpses political lifeline as US rethinks Venezuela policy.” The Guardian. Background SourcesRecommended Congressional Dish EpisodeCD032: The Abortion Bill Abortion BackgroundLaura Temme. May 12, 2022. “Roe v. Wade Case Summary: What You Need to Know” FindLaw. Grace Panetta, Shayanne Gal, and Taylor Tyson. Updated May 9, 2022. “The latest point in pregnancy you can get an abortion in all 50 states.” Business Insider. Jon O. Shimabukuro. Feb 25, 2022. “Abortion: Judicial History and Legislative Response.” [RL33467] Congressional Research Service. Katherine Kortsmit et. al. Nov 27, 2020. “Abortion Surveillance — United States, 2018.” Centers for Disease Control and Prevention. United Kingdom National Health Service. “Week-by-week guide to pregnancy” Start for Life. A. Pawlowski. Nov 9, 2017. “'Miracle baby': Born at 21 weeks, she may be the most premature surviving infant.” Today. Supreme Court of the United States. Jun 29, 1992. “Planned Parenthood of Southeastern Pa. v. Casey, 505 U.S. 833.” Justia. The Draft DecisionAdeel Hassan. May 6, 2022. “What to Know About the Mississippi Abortion Law Challenging Roe v. Wade.” The New York Times. Supreme Court of the United States. Feb 10, 2022. “1st Draft: Dobbs v. Jackson Women’s Health Organization” BillsH.R.3755 (117th): Women's Health Protection Act of 2021Sponsor: Rep. Judy Chu (D-CA) S.4132 (177th): Women’s Health Protection Act of 2022Sponsor: Sen. Richard Blumenthal (D-CT) Bill Outline
Section 4: Applicability and Preemption
H.R. 1797 (113th): Pain-Capable Unborn Child Protection ActSponsor: Trent Franks (R-AZ) Audio SourcesSenate SessionMay 10, 2022 View Clip Transcripts in Jen’s Highlighted PDF House SessionSeptember 24, 2021 View Clip Transcripts in Jen’s Highlighted PDF Cover ArtDesign by Only Child Imaginations Music Presented in This EpisodeIntro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio) |
May 22, 2022 |
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CD251: BIF: Driving Dangers Sustained
01:20:59
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
Thank you for supporting truly independent media! Background SourcesRecommended Congressional Dish EpisodesCD246: 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) AddressJake Blumgart. Nov 15, 2021. “The Infrastructure Bill May Not Be So Historic After All.” Governing. Self Driving CarsNeal 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 SystemsIsaac 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 CarsMorgan 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. 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 UpgradesMark 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 LawH.R.3684 - Infrastructure Investment and Jobs ActLaw OutlineDIVISION A: SURFACE TRANSPORTATION TITLE I - FEDERAL-AID HIGHWAYS Subtitle A - Authorizations and Programs Sec. 11101: Authorization of Appropriations
Sec. 11102: Obligation Ceiling
Sec. 11111: Highway Safety Improvement Program
Sec. 11119: Safe Routes to School
Sec. 11130: Public Transportation
Sec. 11133: Bicycle Transportation and Pedestrian Walkways
Subtitle B - Planning and Performance Sec. 11206: Increasing Safe and Accessible Transportation Options.
Sec. 11404: Congestion Relief Program
Sec. 11502: Stopping Threats on Pedestrians
Sec. 11504: Study of Impacts on Roads from Self-driving Vehicles
Sec. 11529: Active Transportation Infrastructure Investment Program
TITLE III - MOTOR CARRIER SAFETY Sec. 23010: Automatic Emergency Braking: Automatic Emergency Braking
Sec. 23022: Apprenticeship Pilot Program
Sec. 23023: Limousine Compliance With Federal Safety Standards
TITLE IV - HIGHWAY AND MOTOR VEHICLE SAFETY Subtitle A - Highway Traffic Safety Sec. 24102: Highway Safety Programs
Sec. 24103: Highway Safety Research and Development
Sec. 24113: Implementation of GAO Recommendations
Sec. 24201: Authorization of Appropriations
Sec. 24208: Crash Avoidance Technology
Sec. 24215: Emergency Medical Services and 9-1-1
Sec. 24220: Advanced Impaired Driving Technology
HearingsThe Road Ahead for Automated Vehicles House Committee on Transportation and Infrastructure, Subcommittee on Highways and Transit 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 ArtDesign by Only Child Imaginations Music Presented in This EpisodeIntro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio) |
May 08, 2022 |
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CD250: Congress Saves the Postal Service
01:29:36
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 Executive Producer: Jose Huerta Please Support Congressional Dish – Quick Links
Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Background SourcesRecommended Congressional Dish EpisodesCD220: Postal Service Sabotage LobbyingOpen 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 LawH.R. 3076: Postal Service Reform Act of 2022House Vote Breakdown: 342-92 (All no votes GOP) Senate Vote Breakdown: 79-19 (All no votes GOP) H.R.6407 - Postal Accountability and Enhancement ActBecame law on December 20, 2006 Audio SourcesIt’s Electric! Developing the Postal Service Fleet of the FutureHouse Committee on Oversight and Reform 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 Clips10:00 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 SessionFebruary 8, 2022 Clips20:40 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 SessionFebruary 8, 2022 Clips37:10 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 MeetingMay 13, 2021 Clip44:45 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 ElectionsSenate Homeland Security and Governmental Affairs Committee Clips12:30 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 ServiceSenate Homeland Security and Governmental Affairs Committee Speakers: John Potter, Former Postmaster General Clips46:10 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 ArtDesign by Only Child Imaginations Music Presented in This EpisodeIntro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio) |
Apr 24, 2022 |
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CD249: A Few Good Laws
01:48:45
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
Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Executive Producer Recommended Congressional Dish EpisodeCD076: Weapons for the World Background SourcesRecommended Congressional Dish EpisodesCD248: 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 VideosWhat is the World Trade System? Revolution of Dignity or Regime Change? Ukraine 2014 Explained. EarmarksJamie Dupree. Mar 10, 2022. “Russian oil ban heads to Senate.” Regular Order by Jamie Dupree. Continuing ResolutionMary 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 ContaminationSophia 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 PipesKaren 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 RicoFinancial 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 ArbitrationMatt Stoller. Mar 7, 2022. “Monopolies Take a Fifth of Your Wages.” BIG. LawsH.R.2471 - Consolidated Appropriations Act, 2022Law OutlineDIVISION 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
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
Title III: Department of Defense
H.R.6617 - Further Additional Extending Government Funding ActLaw OutlineDIVISION A - FURTHERING ADDITIONAL CONTINUING APPROPRIATIONS ACT, 2022
H.R.1192 - Puerto Rico Recovery Accuracy in Disclosures Act of 2021House vote: 429-0 Law OutlineSec 2: Disclosure by Professional Persons Seeking Approval of Compensation Under Section 316 or 317 of PROMESA
H.R.4445 - Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021Law OutlineSec. 2: Predispute Arbitration of Disputes Involving Sexual Assault and Sexual Harassment.
Sec 3: Applicability
Hearings and DebateHouse Debate on H.R. 1192: Puerto Rico Recovery Accuracy in Disclosures Act of 2021February 23, 2022 Highlighted PDF of debate on the house floor Clips
House Debate on H.R.4445 - Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021February 7, 2022 Highlighted PDF of debate on the house floor Clips
Red Hill Bulk Fuel Storage Facility: The Current Crisis, the Response, and the Way ForwardHouse Armed Services Committee, Subcommittee on Readiness 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:
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Impact of Continuing Resolutions on the Department of Defense and ServicesHouse Committee on Appropriations, Subcommittee on Defense Witnesses:
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Silenced: How Forced Arbitration Keeps Victims of Sexual Violence and Sexual Harassment in the ShadowsHouse Committee on the Judiciary, Subcommittee on Antitrust, Commercial, and Administrative Law Witnesses:
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Justice Denied: Forced Arbitration and the Erosion of Our Legal SystemHouse Committee on the Judiciary Witnesses:
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Cover ArtDesign by Only Child Imaginations Music Presented in This EpisodeIntro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio) |
Mar 20, 2022 |
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CD248: Understanding the Enemy
01:28:27
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. Executive Producer: Alex Bilotta Please Support Congressional Dish – Quick Links
Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Background SourcesRecommended Congressional Dish EpisodesCD244: Keeping Ukraine CD186: National Endowment for Democracy CD168: Nuclear Desperation Ukraine Civil WarAlan 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 ExpansionBecky 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 UkraineXinhua. 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 InitiativePaul Belkin and Hibbah Kaileh. Updated July 1, 2021. “The European Deterrence Initiative: A Budgetary Overview” [IF10946.] Congressional Research Service. Weapons TreatiesTASS. 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 DynamicsGeneral Dynamics. “Corporate Governance: Board of Directors.” Russia-China AllianceChen 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. SanctionsMatina Stevis-Gridneff. Feb 25, 2022. “European Leaders Agree to a Second Wave of Russia Sanctions.” The New York Times. Congressional ResponseJoe 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 SourcesHouse Speaker Weekly BriefingFebruary 23, 2022 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
President Biden Remarks on Russia and UkraineFebruary 22, 2022 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
Russian President Putin Statement on UkraineFebruary 21, 2022 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
Ukraine is 'longing for peace' says Zelensky at Munich Security ConferenceFebruary 19, 2022 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
President Biden Remarks on Russia-Ukraine SituationFebruary 18, 2022 Overview: Following talks with NATO allies, President Biden provided an update on Russia-Ukraine tensions and international efforts to resolve the crisis. Clips
President Biden Remarks on Russia and UkraineFebruary 15, 2022 Overview: President Biden gave an update on tensions between Russia and Ukraine, calling for diplomacy to resolve tensions. Clips
Hearing on U.S. Policy Toward RussiaSenate Committee on Foreign Relations 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
Foreign Affairs Issue Launch with Former Vice President Joe BidenJanuary 23, 2018 Clips
Cover ArtDesign by Only Child Imaginations Music Presented in This EpisodeIntro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio) |
Feb 27, 2022 |
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CD247: BIF: The Growth of US Railroads
01:45:50
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
Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Background SourcesRecommended Congressional Dish YouTube VideoWhat is the World Trade System? Contributors to Supply Chain IssuesMatthew 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 ProfiteeringAaron 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 TVGavin Bridge. Oct 27, 2020. “The True Cost to Consumers of Pay TV’s Top Channels.” Variety. LawsH.R.3684 - Infrastructure Investment and Jobs ActSponsor: Rep. Peter DeFazio (D-OR) Status: Became Public Law No. 117-58 Law OutlineDIVISION A: SURFACE TRANSPORTATION TITLE I - FEDERAL-AID HIGHWAYS Subtitle A - Authorizations and Programs Sec. 11101: Authorization of appropriations
Sec. 11102: Obligation ceiling
Sec. 11109: Surface transportation block grant program:
Sec. 11508: Requirements for Transportation Projects Carried Out Through Public Private Partnerships
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
Subtitle B - Multimodal Investment Sec. 21201: National infrastructure project assistance
Sec. 21202: Local and regional project assistance
Sec. 21203: National culvert removal, replacement, and restoration grant program
Subtitle C - Railroad Rehabilitation and Improvement Financing Reforms Subtitle A - Authorization of Appropriations
Sec. 22103: Consolidated rail infrastructure and safety improvements grants
Sec. 22104: Railroad crossing elimination program
Sec. 22106: Federal-State partnership for intercity passenger rail grants
Sec. 22201: Amtrak findings, mission, and goals
Sec. 22208: Passenger Experience Enhancement
Sec . 22209: Amtrak smoking policy
Sec. 22210: Protecting Amtrak routes through rural communities
Sec. 22213: Creating Quality Jobs
Sec. 22214: Amtrak Daily Long Distance Study
Subtitle C - Intercity Passenger Rail Policy Sec. 22304: Restoration and Enhancement Grants
Sec. 22305: Railroad crossing elimination program
Sec. 22306: Interstate rail compacts
Sec. 22308: Corridor identification and development program
Sec. 22404: Blocked Crossing Portal
Sec. 22406: Emergency Lighting
Sec. 22408: Completion of Hours of Service and Fatigue Studies
Sec. 22409: Positive Train Control Study
Sec. 22418: Civil Penalty Enforcement Authority
Sec. 22423: High-Speed Train Noise Emissions
Sec. 22425: Requirements for railroad freight cars placed into service in the United States
Sec. 22427: Controlled substances testing for mechanical employees
BillsH.R.1748 - Safe Freight Act of 2019Sponsor: Rep. Don Young (R-AK) HearingsLeveraging IIJA: Plans for Expanding Intercity Passenger RailHouse Committee on Transportation & Infrastructure, Subcommittee on Railroads, Pipelines, and Hazardous Materials 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:
Clips8:52 - 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 TechnologiesHouse Committee on Transportation & Infrastructure, Subcommittee on Railroads, Pipelines, and Hazardous Materials 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:
Clips8:37 - 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 ProgressHouse Committee on Transportation & Infrastructure, Subcommittee on Railroads, Pipelines, and Hazardous Materials The hearing explored the importance of rail to the U.S. economy and as a tool to mitigate climate change. Witnesses:
Clips18:17 - 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 SystemHouse Committee on Transportation & Infrastructure, Subcommittee on Railroads, Pipelines, and Hazardous Materials November 18, 2020 Witnesses:
Clips27:31 - 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 ArtDesign by Only Child Imaginations Music Presented in This EpisodeIntro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio) |
Feb 13, 2022 |
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CD246: BIF: Appalachian Chemical Storage
01:14:33
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
Please make checks payable to Congressional Dish Thank you for supporting truly independent media! View the show notes on our website Background SourcesRecommended Congressional Dish EpisodesCD240: BIF The Infrastructure BILL CD231: Lights Out: What Happened in Texas? CD134: The EpiPen Hearing Negative Impacts of Natural GasSusan 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 and 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 HubKathy 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 CommissionBaltimore Sun Editorial Board. Jan 07, 2019. “Larry Hogan, reluctant environmentalist.” Appalachian Regional Commission. “Federal Co-Chair Gayle Conelly Manchin.” The ManchinsAlex 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.” ImagesU.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 LawH.R.3684 - Infrastructure Investment and Jobs ActSponsor: Rep. Peter DeFazio Overview of provisions funding Appalachian Storage HubDIVISION A: SURFACE TRANSPORTATION Sec. 11506: Appalachian Regional Commission
BillsH.R. 4152: Appalachian Regional Energy Hub Initiative ActS. 1064: Appalachian Energy for National Security ActS. 1340: Appalachian Energy and Manufacturing Infrastructure Revitalization ActH.R. 2568: Appalachian Ethane Storage Hub Study ActS. 1075: Appalachian Ethane Storage Hub Study ActS. 1337: Capitalizing on American Storage Potential Act.HearingsField hearing to examine the economic importance of modern, reliable energy infrastructure to West Virginia and the United StatesSenate Committee on Energy and Natural Resources Witnesses: Dr. Brian J. Anderson Dr. John Deskins Mr. Chad Earl Director of Marketing and Business Development, Orders Construction Company, Inc. Mr. Steven Hedrick Mr. Jeffery Keffer 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 ArtDesign by Only Child Imaginations Music Presented in This EpisodeIntro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio) |
Jan 30, 2022 |
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CD245: New Year, Same Congress
01:31:07
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
Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Please take our show note survey! Background SourcesRecommended Congressional Dish Episodes CD236: January 6: The Capitol Riot NDAA 2022Jamie Dupree. Dec 9, 2021. “Who says bipartisanship is dead? It isn’t on defense.” Atlanta Journal-Constitution. Huawui SanctionsAlessandro 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 DeadJoe 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 SpendingDepartment 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 ReformCristina 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 FilibusterLindsay 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 ActMiles Parks. Jan 8, 2022. “Congress may change this arcane law to avoid another Jan. 6.” NPR. Laws and ResolutionsS.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 ActSponsor: Sen. Tim Kaine (D-VA) S. 1605: National Defense Authorization Act for Fiscal Year 2022Status: Signed into law by the President on Dec 27, 2021 S. 3377: Capitol Police Emergency Assistance Act of 2021Sponsor: 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 ActSponsor: Rep. Rosa DeLauro (D-CT) H.R. 1319: American Rescue Plan Act of 2021Tax credits for COVID Sec. 4006: Funeral Assistance Sec. 9631: Refundability and Enhancement of Child and Dependent Care Tax Credit Sec. 9642: Credit for Sick Leave For Certain Self-Employed Individuals Sec. 9643: Credit For Family Leave For Certain Self-Employed Individuals BillsH.R.4 - John R. Lewis Voting Rights Advancement Act of 2021Sponsor: Rep. Terri Sewell (D-AL) S.2747 - Freedom to Vote ActSponsor: Sen. Amy Klobuchar (D-MN) H.R.5746 - Freedom to Vote: John R. Lewis ActSponsor: Rep. Donald Beyer (D-VA) Audio sourcesSen. 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 ArtDesign by Only Child Imaginations Music Presented in This EpisodeIntro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio) |
Jan 16, 2022 |
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CD244: Keeping Ukraine
01:58:53
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
Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Background SourcesRecommended Congressional Dish EpisodesCD231: 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 WebsitesConflicted 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. ImagesUSAID and Ukraine Privatization Fund Bills S.1605 - National Defense Authorization Act for Fiscal Year 2022 Audio SourcesPresident Biden White House DepartureDecember 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
Hearing on U.S. Policy Toward RussiaSenate Committee on Foreign Relations 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
Ukrainian President Zelensky Meeting with Secretary Austin at the PentagonAugust 31, 2021
Russian President Putin Annual Call-In ProgramJune 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
Discussion: Foreign Affairs Issue Launch with Former Vice President Joe Biden Council on Foreign AffairsJanuary 23, 2018 Clips
Confirmation Hearing: Defense Secretary Confirmation HearingSenate Armed Services Committee
Daily Briefing: Nuland Tape Press ConferenceFebruary 6, 2014. Jen Psaki, State Department Spokesperson
Phone Conversation: Nuland-Pyatt Leaked Phone ConversationFebruary 4, 2014
Press Conference: Senator John McCain on Ukraine at the Atlantic CouncilC-SPAN
Discussion: Beyond NAFTA and GATTC-SPAN Arthur Dunkel, Director General of the UN
Cover ArtDesign by Only Child Imaginations Music Presented in This EpisodeIntro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio) |
Dec 20, 2021 |
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CD243: Target Nicaragua
02:08:14
In mid-November, following the re-election of Nicaraguan President Daniel Ortega, Congress passed and President Biden signed the RENACER Act, which escalated an ongoing economic war against President Daniel Ortega. In this episode learn about what the RENACER Act does as we examine the situation in Nicaragua and find out and why Daniel Ortega has a target on his back. Please Support Congressional Dish – Quick Links
Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Background SourcesRecommended Congressional Dish EpisodesEssential Background EpisodesCD102: The World Trade Organization: COOL? CD167: Combating Russia (NDAA 2018) LIVE CD186: National Endowment for Democracy CD187: Combating China Rabbit Hole EpisodesCD041: Why Attack Syria? CD067: What Do We Want In Ukraine? CD108: Regime Change (Syria) CD131: Bombing Libya CD156: Sanctions – Russia, North Korea & Iran CD172: The Illegal Bombing of Syria CD176: Target Venezuela: Regime Change in Progress CD190: A Coup for Capitalism CD191: The “Democracies” Of Elliott Abrams CD208: The Brink of the Iran War CD224: Social Media Censorship CD225: Targets of the Free Marketeers CD229: Target Belarus U.S.-Nicaragua RelationsMaureen Taft-Morales. November 4, 2021. “Nicaragua in Brief: Political Developments in 2021, U.S. Policy, and Issues for Congress.” Congressional Research Service. U.S. Department of State, Bureau of Western Hemisphere Affairs. September 14, 2021. U.S. Relations With Nicaragua William I. Robinson. August 19, 2021. “Crisis in Nicaragua: Is the Ortega-Murillo Government Leftist? (Part I)” North American Congress on Latin America (NACLA) Clare Ribando Seelke. March 17, 2008. “Nicaragua: Political Situation and U.S. Relations” [RS22836]. Congressional Research Service. Maureen Taft-Morales. April 19, 2007. “Nicaragua: The Election of Daniel Ortega and Issues in U.S. Relations [RL33983] Congressional Research Service. IMF Staff. May 16, 2006. “Nicaragua : Staff Report for the 2005 Article IV Consultation, Seventh, Eighth, and Ninth Reviews Under the Three Year Arrangement Under the Poverty Reduction and Growth Facility, Requests for Rephasing and Waiver of Performance Criteria, Financing Assurances Review, and Request for Extension of the Arrangement.” The International Monetary Fund. Author’s Name Redacted. May 16, 1997. “Nicaragua: Changes Under the Chamorro Government and U.S. Concerns” [96-813 F]. Congressional Research Service. Edgar Chamorro. January 9, 1986. “Terror Is the Most Effective Weapon of Nicaragua's 'Contras.'” The New York Times. Fred Hiatt, Joanne Omang, Michael Getler and Don Oberdorfer. April 7, 1984. “CIA Helped To Mine Ports In Nicaragua.” The Washington Post. Nicaragua Relationships to Russia and China100% Noticias. September 9, 2021. “Nicaraguan Parliament Ratifies Security Agreement with Russia. Havana Times. “Russia, Nicaragua ink information security deal.” July 19, 2021. TASS: Russian News Agency. Frida Ghitis. June 8, 2017. “A Russian Satellite-Tracking Facility in Nicaragua Raises Echoes of the Cold War.” World Politics Review. Cristina Silva. May 22, 2017. “New Cold War: Is Russia Spying on the U.S. From a Nicaragua Military Compound?” Newsweek. Carrie Kahn. November 17, 2016. “U.S. To Monitor Security Agreement Signed Between Russia And Nicaragua.” NPR Morning Edition. John Otis. June 4, 2015. “Nicaraguan Canal Plan Riles Landholders.” The Wall Street Journal. Matthew Miller. May 4, 2014. “China's 'ordinary' billionaire behind grand Nicaragua canal plan.” Reuters. 2021 Sanctions“Nicaragua Leaves the Organization of American States.” November 19, 2021. Telesur. U.S. Department of the Treasury. November 15, 2021. “Treasury Sanctions Public Ministry of Nicaragua and Nine Government Officials Following Sham November Elections.” Antony Blinken. November 15, 2021. “New Sanctions Following Sham Elections in Nicaragua.” U.S. Department of State. Ned Price. August 6, 2021. “The United States Restricts Visas of 50 Additional Nicaraguan Individuals Affiliated With Ortega-Murillo Regime.” U.S. Department of State. Antony Blinken. July 12, 2021. “The United States Restricts Visas of 100 Nicaraguans Affiliated with Ortega-Murillo Regime.” U.S. Department of State. U.S. Department of the Treasury. June 9, 2021. “Treasury Sanctions Nicaraguan Officials for Supporting Ortega’s Efforts to Undermine Democracy, Human Rights, and the Economy.” “Nicaragua Minimum Wage.” Minimum-Wage.org 2021 Nicaraguan Elections“North Americans Debunk US & OAS Claims on Nicaragua Election.” November 10, 2021. Kawsachun News. Monique Beals. November 7, 2021. “Biden slams Nicaragua's 'sham elections,' calls Ortegas autocrats.” The Hill. Meta (formerly Facebook). November 1, 2021. “October 2021 Coordinated Inauthentic Behavior Report.” Meta (formerly Facebook). November 1, 2021. “October 2021 Coordinated Inauthentic Behavior Report Summary.” Nahal Toosi. October 26, 2021. “Tiny Nicaragua is becoming a big problem for Joe Biden.” Politico. Antony Blinken. October 22, 2021. “The United States Applauds the OAS Resolution Condemning the Undemocratic Electoral Process and Repression in Nicaragua.” U.S. Embassy in El Salvador. Carlos Dada. October 6, 2021. “La prioridad ahorita es que no nos maten; luego, la justicia y la democracia.” El Faro. Kai M. Thaler and Ryan C. Berg. August 24, 2021. “To replace autocrats of Nicaragua, think beyond this fall’s election.” The Los Angeles Times. Associated Press. December 11, 2020. “Nicaragua opposition figure seeks rule changes for 2021 vote.” The Associated Press. Foreign Agent LawGuy José Bendaña-Guerrero. May 2, 2021. “Changes in Nicaragua's Consumer Law.” Marca Sur. “Nicaragua: National Assembly Approves Law To Defend Its People. December 22, 2020. Telesur. LAND Staff. October 29, 2020. “Nicaragua Approves Cybercrime Law.” Latin America News Dispatch (LAND). Associated Press. October 15, 2020. “Nicaragua passes controversial 'foreign agent' law.” ABC News. Oretega’s Arrested OpponentsFelix Maradiaga Biography. World Economic Forum. Felix Maradiaga Curriculum Vitae. Academia.edu Cristiana Chamorro Biography. The Dialogue: Leadership for the Americas. Cristiana Chamorro LinkedIn Profile. Juan Sebastian Chamorro LinkedIn Profile. Samantha Sultoon Biography. The Atlantic Council. Jared Genser, Brian Tronic, Stephanie Herrmann, and Michael Russ. October 28, 2021. “Petition to United Nations Working Group on Arbitrary Detention.” Perseus Strategies. Tom Phillips. October 22, 2021. “Nicaraguan business leaders arrested in Ortega’s pre-election crackdown.” The Guardian. “Nicaragua: Police arrest 2 more opposition contenders.” September 6, 2021. Deutsche Welle (DW). Ismael López Ocampo and Mary Beth Sheridan. June 9, 2021. “As election looms, Nicaraguan government arrests Ortega’s challengers.” The Washington Post. “Ortega Holds Arturo Cruz Prisoner at Interrogation Jail.” June 7, 2021. Havana Times. “Nicaraguan police detain another opposition presidential contender. June 5, 2021. Reuters. “Nicaragua: Opposition Leader Linked To Money Laundering Scandal.” June 3, 2021. Telesur. The Guardian Staff and agencies in Managua. June 2, 2021. “Nicaragua police detain opposition leader and expected Ortega challenger.” The Guardian. Trump Era - April 2018 ProtestsPaz Gómez. August 25, 2021. “The Break-Up: COSEP’s Love Affair with Daniel Ortega.” Impunity Observer. Mary Beth Sheridan. August 4, 2019. “Nicaragua’s Ortega is strangling La Prensa, one of Latin America’s most storied newspapers.” The Washington Post. U.S. Department of the Treasury. April 17, 2019. “Treasury Targets Finances of Nicaraguan President Daniel Ortega’s Regime.” Samantha Sultoon. November 29, 2018. “Trump administration’s new Nicaragua sanctions strategically target the top.” New Atlanticist Blog from the Atlantic Council. Blocking Property of Certain Persons Contributing to the Situation in Nicaragua [Executive Order 13851] November 27, 2018. Federal Register Vol. 83 No. 230. Rocio Cara Labrador. November 26, 2018. “Nicaragua in Crisis: What to Know.” Council of Foreign Relations. Rafael Bernal. November 01, 2018. “Bolton dubs Cuba, Venezuela and Nicaragua the 'Troika of Tyranny'” The Hill. Mabel Calero. July 26, 2018. “Daniel Ortega buries his model of alliance with private companies that lasted 11 years.” La Prensa. Max Blumenthal. June 19, 2018. “US govt meddling machine boasts of ‘laying the groundwork for insurrection’ in Nicaragua.” The Grayzone. “Pension reforms in Nicaragua leads to violent protests and opposition from business groups.” The Caribbean Council. Foreign “Assistance” to NicaraguaAssociated Press. August 26, 2021. “Nicaragua Orders Closure of 15 More NGOs.” U.S. News and World Report. William I. Robinson. August 20, 2021. “Crisis in Nicaragua: Is the US Trying to Overthrow the Ortega-Murillo Government? (Part II)” North American Congress on Latin America (NACLA) Elliott Abrams. June 9, 2021. “Biden and Democracy in Nicaragua.” Council on Foreign Relations. Ben Norton. June 1, 2021. “How USAID created Nicaragua’s anti-Sandinista media apparatus, now under money laundering investigation.” The Grayzone. John Perry. August 4, 2020. “The US contracts out its regime change operation in Nicaragua.” Council on Hemispheric Affairs. Responsive Assistance in Nicaragua [RFTOP No: 72052420R00004] “Section C - Statement of Work.” March-April 2020. USAID OIG Latin America and Caribbean Regional Office. October 24, 2019. “Financial Audit of the Media Strengthening Program in Nicaragua, Managed by Fundación Violeta Barrios de Chamorro Para la Reconciliación y la Democracia, Cooperative Agreement AID-524-A-14-00001, January 1 to December 31, 2018 (9-524-20-004-R)” USAID. IMF Western Hemisphere Department Staff. June 27, 2017. “Nicaragua : Selected Issues.” The International Monetary Fund. Richard Falk. February 21, 2012. “When an ‘NGO’ is not an NGO: Twists and turns under Egyptian skies.” Al Jazeera. LawsS. 1064: RENACER ActSponsor: Senator Bob Menendez (D-NJ) Passed by Voice Vote in the Senate Law Outline
Sec. 4: Restrictions on International Financial Institutions Relating to Nicaragua
Sec. 5: Targeted Sanctions to Advance Democratic Elections
Sec. 6: Developing and Implementing a Coordinated Sanctions Strategy with Diplomatic Partners
Sec. 9: Classified Report on the Activities of the Russian Federation in Nicaragua
Sec. 12: Supporting Independent News Media and Freedom of Information in Nicaragua
Sec. 13: Amendment to Short Title of Public Law 115-335
H.R. 1918: Nicaragua Human Rights and Anticorruption Act of 2018Signed into law on December 20, 2018 Law OutlineSec. 2: Sense of Congress on Advancing a Negotiated Solution to Nicaragua's Crisis
Sec. 4: Restrictions on International Financial Institutions Relating to Nicaragua
Sec. 5 : Imposition of Targeted Sanctions with Respect to Nicaragua
Sec. 6: Annual Certification and Waiver
Audio SourcesKawsachun News - Nicaragua 2021 Election Observer Press ConferenceNovember 10, 2021
AN INTERNATIONAL RESPONSE TO ORTEGA'S DESTRUCTION OF DEMOCRACY IN NICARAGUASeptember 21, 2021 House Committee on Foreign Affairs, Subcommittee on the Western Hemisphere, Civilian Security, Migration and International Economic Policy *Hearing not on C-SPAN Witnesses:
John Bolton: Miami Dade College’s National Historic Landmark Freedom TowerNovember 1, 2018
Nicaraguan President Speech at the United Nations General AssemblySeptember 25, 2007
Nicaraguan Presidential Address to CongressApril 16, 1991
Cover ArtDesign by Only Child Imaginations Music Presented in This EpisodeIntro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio) |
Dec 06, 2021 |
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Goodbye Thank You Episodes
01:42:00
This show wouldn't exist without its producers who have paid for Congressional Dish to keep it going and growing for 9 years and counting. In this last public bonus Thank You episode, hear about the changes coming to your podcast as it enters its 10th year. It's time to refocus and give you more of what you're paying for: Deep dives into what Congress is doing with your money and in your name. Please Support Congressional Dish – Quick Links
Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Background SourcesCD118: How to Get Your Name on the Ballot Producer-recommended SourcesKevin Carney. October 26, 2021. “Renewable energy: How can it replace fossil fuels?” An Interesting Blog. Andi Davis. October 22, 2021. “First-ever U.S. zero-carbon green hydrogen storage hub to be developed in MS.” Super Talk: Mississippi Media. Business Wire. October 19, 2021. “Hy Stor Energy Developing First-Ever U.S. Zero-Carbon Green Hydrogen Storage Hub.” Zoe Schiffer. October 18, 2021. “Netflix trans employees and allies release a list of demands ahead of the walkout.” The Verge. Cristan Williams. “Why I support #CancelNetflix. It’s not because Chapelle is offensive.” The Trans Advocate. The Energy Gang. October 14, 2021. “Where Green Hydrogen is Headed [Special Content]” Wood Mackenzie. J.K. Rowling. June 10, 2020. “J.K. Rowling Writes about Her Reasons for Speaking out on Sex and Gender Issues.” jkrowling.com Patrick Bedard. October 1, 2005. “The Case for Nuke Cars - it's Called 'Hydrogen.'” Car and Driver. BMW Group. November 5, 2000. “BMW Introduces World’s First Production-based Hydrogen Powered Car.” Music Presented in This EpisodeIntro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio) |
Nov 22, 2021 |
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CD242 The Offshore Drilling Police
01:38:33
On October 1, 2021 an oil pipeline that was likely struck by a cargo ship's anchor leaked tens of thousands of gallons of oil into the ocean and onto the beaches of Orange County, CA. In this episode, examine how the oil spill happened by listening to testimony provided to both the U.S. Congress and the California State Senate, and learn about the disturbing lack of policing that is taking place under the sea. Please Support Congressional Dish – Quick Links
Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Background SourcesArticles and DocumentsNicole Charky. April 7, 2021. “LA City Council Urges Newsom To Close Playa Del Rey Oil Storage.” Patch. Nicole Charky. March 23, 2021. “Is It Time To Shut Down The Playa Del Rey Oil Storage Facility?” Patch. U.S. Government Accountability Office. Offshore Oil and Gas: Updated Regulations Needed to Improve Pipeline Oversight and Decommissioning. GAO-21-293. Heal the Bay. June 24, 2015 . “Confirmed: L.A. Tar Balls Linked to Santa Barbara Spill.” planetexperts.com Heal the Bay. August 20, 2012. “What Are Those Black Clumps on the Beach?” Sarah S. Elkind. June 1, 2012. “Oil in the City: The Fall and Rise of Oil Drilling in Los Angeles.” The Journal of American History, Volume 99, Issue 1. Tom Fowler. February 21, 2012. “U.S., Mexico Sign Deal on Oil Drilling in Gulf.“ The Wall Street Journal. APPEL News Staff. May 10, 2011. “Academy Case Study: The Deepwater Horizon Accident Lessons for NASA.” APPEL News, Volume 4, Issue 1. Offshore Technology. “Projects: Macondo Prospect, Gulf of Mexico.” Bureau of Ocean Energy Management. November 23, 1970. Treaty to Resolve Pending Boundary Differences and Maintain the Rio Grande and Colorado River as the International Boundary. Open Secrets ProfilesRep. Yvette Herrell - New Mexico District 02 Rep. Paul Gosar - Arizona District 04 Rep. Bruce Westerman - Arkansas District 04 Rep. Katie Porter - California District 45 Rep. Pete Stauber - Minnesota District 08 Images2021 Huntington Bay Oil Spill Image 1. CA State Senate: Natural Resources and Water Committee Informational Hearing Southern California Oil Spill: Preparation response, ongoing risks, and potential solutions. 2021Huntington Bay Oil Spill Image 2 CA State Senate: Natural Resources and Water Committee Informational Hearing Southern California Oil Spill: Preparation response, ongoing risks, and potential solutions. Mileage of Decommissioned Pipelines Removed Relative to Those Left in Place. GAO Analysis of Bureau of Safety and Environmental Enforcement Data, GAO-21-293. Potential Effects of Currents on Pipeline Leak Identification. GAO-21-293. HearingsSouthern California Oil Spill: Preparation response, ongoing risks, and potential solutionsCalifornia State Senate: Natural Resources and Water Committee Witnesses: Chuck Bonham Clips
SOUTHERN CA OIL LEAK: INVESTIGATING THE IMMEDIATE EFFECTS ON COMMUNITIES, BUSINESSES, AND ENVIRONMENT House Committee On Natural Resources, Subcommittee on Oversight and Investigations and the Subcommittee Witnesses: Dr. Michael H. Ziccardi Clips
IMPACTS OF ABANDONED OFFSHORE OIL AND GAS INFRASTRUCTURE AND THE NEED FOR STRONGER FEDERAL OVERSIGHTHouse Committee on Natural Resources: Subcommittee on Energy and Mineral Resources. Witnesses: Dr. Donald Boesch Clips
MISUSE OF TAXPAYER DOLLARS AND CORPORATE WELFARE IN THE OIL AND GAS INDUSTRY House Committee on Natural Resources: Subcommittee on Oversight and Investigations Witnesses: Laura Zachary Clips
Cover ArtDesign by Only Child Imaginations Music Presented in This EpisodeIntro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio) |
Nov 15, 2021 |
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CD241: 20th Anniversary of the Patriot Act
01:29:55
The Patriot Act: A law that is still governing us after 20 years despite being almost universally hated. In this episode, we take a close look at the lesser known parts of the Patriot Act that became permanent immediately, examine the status of the few provisions that had to be reauthorized over the years, find out how the law was crafted in the first place, and see what happened to the members of Congress who voted for this rights-destroying legislation. Executive Producer: Stephen McMahan Please Support Congressional Dish – Quick Links
Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Background SourcesRecommended Congressional Dish Episodes CD236: January 6: The Capitol Riot Patriot Act OverviewsCharles Doyle. April 18, 2002. The USA PATRIOT Act: A Sketch, RS21203.” Congressional Research Service. Charles Doyle. December 10, 2001. Terrorism: Section by Section Analysis of the USA PATRIOT Act, RL31200. Congressional Research Service. Indefinite DetentionAnna Mulrine Grobe. October 7, 2021. “Guantanamo: A former prosecutor’s solution to an ‘unsolvable problem.’” The Christian Science Monitor. Jessica Corbett. July 22, 2020. “ACLU Says Release of Adham Hassoun Confirms US Government Lacks Power to 'Lock Someone Up Without Due Process.'” Common Dreams. Carol Rosenberg. June 29, 2020. “Judge Rejects U.S. Effort to Hold Palestinian Man After Prison Term.” The New York Times. Nino Guruli. February 24, 2020. “The Unreasonableness of the Citizenship Distinction: Section 412 of the USA PATRIOT Act and Lessons from Abroad.” The University of Chicago Law Review Online. Jennifer K. Elsea and Michael John Garcia. March 14, 2016. Wartime Detention Provisions in Recent Defense Authorization Legislation, R42143 Congressional Research Service. ACLU. December 31, 2011. “President Obama Signs Indefinite Detention Bill Into Law.” ACLU. October 23, 2001. “How the Anti-Terrorism Bill Permits Indefinite Detention of Immigrants.” Credit Reporting AgenciesKen Sweet. October 6, 2017. “Equifax Collects Your Data, and Then Sells It.” Inc. “Experian Revenue.” Craft. “Equifax Revenue 2006-2021| EFX.” Macrotrends. “TransUnion Revenue 2011-2021 | TRU” Macrotrends. 15 U.S. Code § 1681v - Disclosures to governmental agencies for counterterrorism purposes. Cornell Law School Legal Information Institute. Reauthorizations and ExpirationsCharlie Savage. August 14, 2020. “McConnell Appears Set to Quietly Suffocate Long-Debated F.B.I. Surveillance Bill.” The New York Times. India McKinney and Andrew Crocker. April 16, 2020. “Yes, Section 215 Expired. Now What?” EFF. Charlie Savage. March 27, 2020. “House Departs Without Vote to Extend Expired F.B.I. Spy Tools” The New York Times. Office of the Press Secretary. March 9, 2006. “President Signs USA PATRIOT Improvement and Reauthorization Act.” The White House. Steven M. Martinez. April 21, 2005. “Testimony Before the House Judiciary Committee, Subcommittee on Crime, Terrorism, and Homeland Security.” archives.fbi.gov Brain Duignan. “USA PATRIOT Act: Reauthorizations.” Britannica. ACLU. “The Sun Also Sets: Understanding the Patriot Act ‘Sunsets.’” SurveillanceCharlie Savage. January 22, 2021. “Intelligence Analysts Use U.S. Smartphone Location Data Without Warrants, Memo Says” The New York Times. Charlie Savage. December 3, 2020. “U.S. Used Patriot Act to Gather Logs of Website Visitors” The New Times. Charlie Savage. March 31, 2020. “Problems in F.B.I. Wiretap Applications Go Beyond Trump Aide Surveillance, Review Finds.” The New York Times. Byron Tau and Michelle Hackman. February 7, 2020. “Federal Agencies Use Cellphone Location Data for Immigration Enforcement.” The Wall Street Journal. Charlie Savage. December 11, 2019. “We Just Got a Rare Look at National Security Surveillance. It Was Ugly.” The New York Times. Sharon Bradford Franklin. July 25, 2018. “Carpenter and the End of Bulk Surveillance of Americans.” Lawfare. Adam Liptak. June 22, 2018. “In Ruling on Cellphone Location Data, Supreme Court Makes Statement on Digital Privacy.” The New York Times. International ImpactCommission on Security and Cooperation in Europe Bill Weinberg. June 15, 2018. “USA PATRIOT Act Threatens Uruguay Banks Over Legal Cannabis System.” Cannabis Now. Bills and LawsThe Patriot ActUnited and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA Patriot Act) of 2001Law OutlineTITLE I: ENHANCING DOMESTIC SECURITY AGAINST TERRORISM Sec. 106: Presidential Authority
TITLE II: ENHANCED SURVEILLANCE PROCEDURES Sec. 201: Authority to Intercept Wire, Oral, and Electronic Communications Relating to Terrorism
Sec. 203: Authority to Share Criminal Investigate Information
Sec. 205: Employment of Translators by the Federal Bureau of Investigation
Sec. 206: Roving Surveillance Authority Under the Foreign Intelligence Surveillance Act of 1978
Sec. 209: Seizure of Voicemail Messages Pursuant to Warrants
Sec. 210: Scope of Subpoenas For Records of Electronic Communications
Sec. 212: Emergency Disclosure of Electronic Communications to Protect Life and Limb
Sec. 213: Authority for Delaying Notice of the Execution of a Warrant
Sec. 214: Pen Register and Trap and Trace Authority Under FISA
Sec. 215: Access to Records and Other items under the Foreign Intelligence Surveillance Act
Sec. 216: Modification of Authorities Relating to Use of Pen Registers and Trap and Trace Devices
Sec. 217: Interception of Computer Trespasser Communications
Sec. 219: Single-Jurisdiction Search Warrants for Terrorism
Sec. 222: Assistance to Law Enforcement Agencies
Sec. 223: Civil Liability for Certain Unauthorized Disclosures
Sec. 225: Immunity for Compliance with FISA Wiretap
TITLE III: INTERNATIONAL MONEY LAUNDERING ABATEMENT AND ANTITERRORIST FINANCING ACT OF 2001 Subtitle A - International Counter Money Laundering and Related Measures
Sec. 312: Special Due Diligence for Correspondent Accounts and Private Banking Accounts
Sec. 313: Prohibition on United States Correspondent Accounts With Foreign Shell Banks
Sec. 314: Cooperative Efforts to Deter Money Laundering
Sec. 315: Inclusion of Foreign Corruption Offenses as Money Laundering Crimes
Sec. 316: Anti-Terrorist Forfeiture Protection
Sec. 319: Forfeiture of Funds in United States Interbank Accounts
Sec. 320: Proceeds of Foreign Crimes
Sec. 323: Enforcement of Foreign Judgments
Sec. 326: Verification of Identification
Subtitle B - Bank Secrecy Act Amendments and Related Improvements Sec. 351: Amendments Relating to Reporting of Suspicious Activities
Sec. 355: Authorization to Include Suspicions of Illegal Activity in Written Employment References
Sec. 361: Financial Crimes Enforcement Network
Sec. 363: Increase in Civil and Criminal Penalties for Money Laundering
Sec. 365: Reports Relating to Coins and Currency Received in Non-Financial Trade or Business
Subtitle C - Currency Crimes and Protection Sec. 371: Bulk Cash Smuggling Into or Out of the United States
Sec. 373: Illegal Money Transmitting Businesses
Sec. 374: Counterfeiting Domestic Currency and Obligations
Sec. 375: Counterfeiting Foreign Currency and Obligations
Sec. 376: Laundering the Proceeds of Terrorism
TITLE IV: PROTECTING THE BORDER Subtitle A - Protecting the Northern Border Sec. 402: Northern Border Personnel
Subtitle B - Enhanced Immigration Provisions Sec. 411: Definitions Relating to Terrorism
Sec. 412: Mandatory Detention of Suspected Terrorists; Habeas Corpus; Judicial Review
Section 413: Multilateral Cooperation Against Terrorists
Subtitle C - Preservation of Immigration Benefits for Victims of Terrorism TITLE V: REMOVING OBSTACLES TO INVESTIGATING TERRORISM Sec. 501: Attorney General's Authority to Pay Rewards to Combat Terrorism
Sec. 502: Secretary of State's Authority to Pay Rewards
Sec. 504: Coordination With Law Enforcement
Sec. 505: Miscellaneous National Security Authorities
Sec. 507: Disclosure of Educational Records
TITLE VI: PROVIDING FOR VICTIMS OF TERRORISM, PUBLIC SAFETY OFFICERS, AND THEIR FAMILIES Subtitle A - Aid to Families of Public Safety Officers Sec. 613: Public Safety Officers Benefit Program Payment Increase
Subtitle B - Amendments to the Victims of Crime Act of 1984
TITLE VII: INCREASED INFORMATION SHARING FOR CRITICAL INFRASTRUCTURE PROTECTION
TITLE VIII: STRENGTHENING THE CRIMINAL LAWS AGAINST TERRORISM Sec. 801: Terrorist Attacks and Other Acts of Violence Against Mass Transportation Systems
Sec. 802: Definition of Domestic Terrorism
Sec. 803: Prohibition Against Harboring Terrorists
Sec. 804: Jurisdiction Over Crimes Committed at U.S. Facilities Abroad
Sec. 806: Assets of Terrorist Organizations
Sec. 809: No Statute of Limitation for Certain Terrorism Offenses
Sec. 810: Alternate Maximum Penalties for Terrorism Offenses
Sec. 811: Penalties for Terrorist Conspiracies
Sec. 814: Deterrence and Prevention of Cyberterrorism
Sec. 817: Expansion of the Biological Weapons Statute
TITLE IX: IMPROVED INTELLIGENCE
Sec. 1005: First Responders Assistance Act
Sec. 1007: Authorization of Funds for DEA Police Training in South and Central Asia
Sec. 1012: Limitation on Issuance of Hazmat Licenses
Sec. 1016: Critical Infrastructure Protection
HearingsHouse Session - October 23, 2001Sound Clip Transcripts
Cover ArtDesign by Only Child Imaginations Music Presented in This EpisodeIntro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio) |
Oct 25, 2021 |
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CD240: BIF The Infrastructure BILL
01:04:20
Jen has been all over the internet lately telling the world that the Bipartisan Infrastructure Framework is a dumpster fire of a bill. In this episode, she backs that up by comparing the levels of investment for different kinds of infrastructure and examining the society changing effects the bill would have if it were to become law. Please Support Congressional Dish – Quick Links
Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Background SourcesRecommended Congressional Dish EpisodesCD218: Minerals Are the New Oil CD205: Nuclear Waste Storage Oil Recommended Articles and DocumentsBenjamin J. Hulac and Joseph Morton. October 7, 2021. “With GOP sidelined, Manchin steps up to defend fossil fuels.” Roll Call. Connor Sheets, Robert J. Lopez, Rosanna Xia, and Adam Elmahrek. October 4, 2021. “Before O.C. oil spill, platform owner faced bankruptcy, history of regulatory problems.” The Los Angeles Times. Donald Shaw. October 4, 2021. “Criticizing Joe Manchin’s Coal Conflicts is ‘Outrageous,’ Says Heitkamp.” Sludge. Michael Gold. October 1, 2021. “Congestion Pricing Is Coming to New York. Everyone Has an Opinion.” The New York Times. Utilities Middle East Staff. September 13, 2021. “World’s largest carbon capture and storage plant launched.” Utilities. Adele Peters. September 8, 2021. “The first commercial carbon removal plant just opened in Iceland.” Fast Company. Hiroko Tabuchi. August 16, 2021. “For Many, Hydrogen Is the Fuel of the Future. New Research Raises Doubts.” The New York Times. Robert W. Haworth and Mark Z. Jacobson. August 12, 2021. “How green is blue hydrogen?.” Energy Science & Engineering. Emily Cochrane. August 10, 2021. “Senate Passes $1 Trillion Infrastructure Bill, Handing Biden a Bipartisan Win.” The New York Times. National Highway Traffic Safety Administration. June 3, 2021. “2020 Fatality Data Show Increased Traffic Fatalities During Pandemic.” U.S. Department of Transportation. Nation Renewable Energy Laboratory (NREL). May 19, 2021. “What We Know—and Do Not Know—About Achieving a National-Scale 100% Renewable Electric Grid .” Michael Barnard. May 3, 2021. “Small Modular Nuclear Reactors Are Mostly Bad Policy.” CleanTechnica. Hiroko Tabuchi. April 24, 2021. “Halting the Vast Release of Methane Is Critical for Climate, U.N. Says.” The New York Times. Grist Creative. April 15, 2021. “How direct air capture works (and why it’s important)” Grist. American Society of Civil Engineers. 2021. “Bridges.” 2021 Report Card for America’s Infrastructure. Open Secrets. “Sen. Joe Manchin - West Virginia - Top Industries Contributing 2015-2020.” Savannah Keaton. December 30, 2020. “Can Fuel Cell Vehicles Explode Like ‘Hydrogen Bombs on Wheels’?” Motor Biscuit. Hannah Ritchie and Max Roser. 2020. “CO2 and Greenhouse Gas Emissions.” Our World in Data. Jeff Butler. January 27, 2019. “Norway leads an electric ferry revolution.” plugboats.com Our World in Data. Annual CO2 Emissions, 2019. Hydrogen Council. 2019. Frequently Asked Questions. Mark Z. Jacobson et al. September 6, 2017. “100% Clean and Renewable Wind, Water, and Sunlight All-Sector Energy Roadmaps for 139 Countries of the World.” Joule. Kendra Pierre-Louis. August 25, 2017. “Almost every country in the world can power itself with renewable energy.” Popular Science. Chuck Squatriglia. May 12, 2008. “Hydrogen Cars Won't Make a Difference for 40 Years.” Wired. Renewable Energy World. April 22, 2004. “Schwarzenegger Unveils ‘Hydrogen Highways’ Plan.” United States Department of Energy. February 2002. A National Vision of America’s Transition to a Hydrogen Economy -- to 2030 and Beyond. The BillH.R. 3684: Infrastructure Investment and Jobs Act August 10, 2021 Senate Vote Breakdown Bill OutlineDIVISION A: SURFACE TRANSPORTATION TITLE I - FEDERAL-AID HIGHWAYS Subtitle A - Authorizations and Programs Sec. 11101: Authorization of Appropriations
Sec. 11117: Toll Roads, Bridges, Tunnels, and Ferries
Sec. 11118: Bridge Investment Program
Sec. 11119: Safe Routes to School
Sec. 11121: Construction of Ferry Boats and Ferry Terminal Facilities
Sec. 11401: Grants for Charging and Fueling Infrastructure
Sec. 11402: Reduction of Truck Emissions at Port Facilities
Sec. 11403: Carbon Reduction Program
Sec. 11404: Congestion Relief Program
Sec. 11406: Healthy Streets Program
TITLE III: RESEARCH, TECHNOLOGY, AND EDUCATION Sec. 13001: Strategic Innovation for Revenue Collection
Sec. 13002: National Motor Vehicle Per-mile User Fee Pilot
DIVISION B - SURFACE TRANSPORTATION INVESTMENT ACT OF 2021 TITLE I - MULTIMODAL AND FREIGHT TRANSPORTATION Sec. 21201: National Infrastructure Project Assistance
Subtitle A - Authorization of Appropriations
Sec. 22201: Amtrak Findings, Mission, and Goals
Sec. 22208: Passenger Experience Enhancement
Sec. 22212: Enhancing Cross Border Service
Sec. 22213: Creating Quality Jobs
Sec. 22214: Amtrak Daily Long Distance Study
Subtitle C - Intercity Passenger Rail Policy Sec. 22304: Restoration and Enhancement Grants
Sec. 22305: Railroad Crossing Elimination Program
Sec. 22306: Interstate Rail Compacts Authorizes up to 10 grants per year valued at a maximum of $ million each to plan and promote new Amtrak routes Sec. 22308: Corridor Identification and Development Program
Sec. 22404: Blocked Crossing Portal
Sec. 22406: Emergency Lighting
Sec. 22409: Positive Train Control Study
Sec. 22423: High-Speed Train Noise Emissions
Sec. 22425: Requirements for Railroad Freight Cars Placed into Service in the United States
Sec. 22427: Controlled Substances Testing for Mechanical Employees
TITLE I - GRID INFRASTRUCTURE AND RESILIENCY Sec. 40101: Preventing Outages and Enhancing The Resilience of the Electric Grid
Sec. 40112: Demonstration of Electric Vehicle Battery Second-Life Applications for Grid Services
TITLE II - SUPPLY CHAINS FOR CLEAN ENERGY TECHNOLOGIES Sec. 40201: Earth Mapping Resources Initiative
Sec. 40204: USGS Energy and Minerals Research Facility
Sec. 40205: Rare Earth Elements Demonstration Facility
TITLE III - FUELS AND TECHNOLOGY INFRASTRUCTURE INVESTMENTS Subtitle A - Carbon Capture, Utilization, Storage, and Transportation Infrastructure Sec. 40304: Carbon Dioxide Transportation Infrastructure Finance and Innovation
Sec. 40305: Carbon Storage Validation and Testing
Subtitle B - Hydrogen Research and Development Sec. 40313: Clean Hydrogen Research and Development Program
Sec. 40314: Additional Clean Hydrogen Programs
Sec. 40315: Clean Hydrogen Production Qualifications
Subtitle C - Nuclear Energy Infrastructure Sec. 40323: Civil Nuclear Credit Program
Sec. 40331: Hydroelectric Production Incentives
Sec. 40332: Hydroelectric Efficiency Improvement Incentives
Sec. 40333: Maintaining and Enhancing Hydroelectricity Incentives
Sec. 40334: Pumped Storage Hydropower Wind and Solar Integration and System Reliability Initiative
Sec. 40342: Clean Energy Demonstration Program on Current and Former Mine Land
TITLE X - AUTHORIZATION OF APPROPRIATIONS FOR ENERGY ACT OF 2020 Sec. 41001: Energy Storage Demonstration Projects
Sec. 41004: Carbon Capture Demonstration and Pilot Programs
Sec. 41007: Renewable Energy Projects
DIVISION E - DRINKING WATER AND WASTEWATER INFRASTRUCTURE DIVISION G - OTHER AUTHORIZATIONS DIVISION H - REVENUE PROVISIONS DIVISION K - MINORITY BUSINESS DEVELOPMENT Cover ArtDesign by Only Child Imaginations Music Presented in This EpisodeIntro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio) |
Oct 11, 2021 |
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CD239: The Enablers of Larry Nassar
01:48:11
In June 2015, the FBI in Indianapolis was notified that Larry Nassar, a doctor for Olympic caliber gymnasts, was sexually abusing his underage patients. In this episode, hear highlights from a riveting Senate hearing with testimony from Maggie Nichols, McKayla Maroney, Aly Raisman, and Simone Biles and get all the details presented in an Inspector General report explaining why the FBI did nothing to stop Larry Nassar for over a year while he continued to abuse dozens of additional young girls. Please Support Congressional Dish – Quick Links
Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Background SourcesDocumentariesAthlete A. Netflix. Hannah Shaw-Williams. June 24, 2020. “Athlete A True Story: What Netflix's Documentary Leaves Out” Screen Rant. Government Documents and ReportsOffice of the Inspector General. July 2021. Investigation and Review of the Federal Bureau of Investigation’s Handling of Allegations of Sexual Abuse by Former USA Gymnastics Physician Lawrence Gerard Nassar (21-093). United States Department of Justice. Office of the Inspector General. 2021. “DOJ OIG Releases Report of Investigation and Review of the FBI’s Handling of Allegations of Sexual Abuse by Former USA Gymnastics Physician Lawrence Gerard Nassar.” U.S. Department of Justice. Senator Jerry Moran and Senator Richard Blumenthal. July 30, 2019. The Courage of Survivors: A Call to Action. Senate Olympics Investigation. Manly, Stewart & Finaldi. September 8, 2016. “Jane JD Doe Complaint: Case Number 34-2016-00200075.” Superior Court of California, Sacramento. News CoverageGrace Segers. September 15, 2021. “Gymnasts Rip the FBI for Its Failure to Stop Larry Nassar’s Serial Sexual Abuses.” The New Republic. Rebecca Shabad. September 15, 2021. “FBI fires agent accused of failing to investigate Nassar sex-abuse allegations.” NBC News. Kara Berg. September 8, 2021. “How much Michigan State has paid in wake of Larry Nassar scandal.” The Lansing State Journal. Sayantani Nath. February 25, 2021. “Who owns Twistars USA gym now? John Geddert sold gym infamous for Larry Nassar's sexual abuse before suicide.” MEAWW (Media, Entertainment, Arts WorldWide). Reuters. February 25, 2021. “Nassar Whistleblower Repeats Call for USAG Decertification.” U.S. News & World Report. Dan Barry, Serge F. Kovaleski and Juliet Macur. February 3, 2018. “As F.B.I. Took a Year to Pursue the Nassar Case, Dozens Say They Were Molested.” The New York Times. Matthew Futterman, Louise Radnofsky and Rebecca Davis O’Brien. June 2, 2017. “Former U.S. Gymnastics Chief Received $1 Million Severance Package.” The Wall Street Journal. Tim Evans, Mark Alesia, and Marisa Kwiatkowski. September 12, 2016. “Former USA Gymnastics doctor accused of abuse.” The Indianapolis Star. Marisa Kwiatkowski, Mark Alesia and Tim Evans. August 4, 2016. “A blind eye to sex abuse: How USA Gymnastics failed to report cases.” The Indianapolis Star. Matt Krantz. September 13, 2013. “2008 crisis still hangs over credit-rating firms.” USA Today. Audio SourcesDereliction of Duty: Examining the Inspector General’s Report on the FBI’s Handling of the Larry Nassar InvestigationSenate Judiciary Committee Committee concluded a hearing to examine the Inspector General's report on the Federal Bureau of Investigation's handling of the Larry Nassar investigation, after receiving testimony from Michael E. Horowitz, Inspector General, and Christopher A. Wray, Director, Federal Bureau of Investigation, both of the Department of Justice; Simone Biles, Houston, Texas; McKayla Maroney, Long Beach, California; Maggie Nichols, Little Canada, Minnesota; and Aly Raisman, Boston, Massachusetts. Sound Clips
Cover ArtDesign by Only Child Imaginations Music Presented in This EpisodeIntro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio) |
Sep 27, 2021 |
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CD238: Losing Afghanistan
01:37:18
The war in Afghanistan is over. In this episode, we document how and why the Biden administration finally admitted defeat in our 20 year attempt to create a new government in Afghanistan and we take a hard look at the lessons we need to learn. Afghanistan is a country in a far away land, but there are disturbing similarities between the Afghanistan government that just collapsed and our own. We'd be wise not to ignore them. Executive Producer: Rachel Passer Executive Producer: Anonymous Please Support Congressional Dish – Quick Links
Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Background SourcesRecommended Congressional Dish Episodes CD236: January 6: The Capitol Riot How We Got HereCraig Whitlock. The Afghanistan Papers: A Secret History of the War. Simon and Schuster, 2021. Patrick Tucker. August 18, 2021. “Trump’s Pledge to Exit Afghanistan Was a Ruse, His Final SecDef Says.” Defense One. Eugene Kiely and Robert Farley. August 17, 2021. “Timeline of U.S. Withdrawal from Afghanistan.” FactCheck.org. Eric Schmitt and Jennifer Steinhauer. July 30, 2021. “Afghan Visa Applicants Arrive in U.S. After Years of Waiting.” The New York Times. Craig Whitlock, Leslie Shapiro and Armand Emamdjomeh. December 9, 2019. “The Afghanistan Papers: A secret history of the war.” The Washington Post. Mark Landler and James Risen. July 25, 2017. “Trump Finds Reason for the U.S. to Remain in Afghanistan: Minerals.” The New York Times. John F. Harris. October 15, 2001. “Bush Rejects Taliban Offer On Bin Laden ” Washington Post. The Evacuation: Those Left BehindWilliam Mauldin. September 2, 2021. “Afghanistan Voice of America, Radio Free Europe/Radio Liberty Staff Left Behind.” Wall Street Journal. Zolan Kanno-Youngs and Annie Karni. August 29, 2021. “Series of U.S. Actions Left Afghan Allies Frantic, Stranded and Eager to Get Out.” The York Times. Sami Sadat. August 25, 2021. “I Commanded Afghan Troops This Year. We Were Betrayed.” The New York Times. Marjorie Censer. August 18, 2021. “US contractors rush to get former employees out of Afghanistan.” Defense News. Siobhan Hughes. August 18, 2021. “Afghanistan Veterans in Congress Trying to Prevent ‘a Death Warrant’ for Helping America.” Wall Street Journal. Alex Sanz and Tammy Webber. August 18, 2021. “US friends try to rescue brother in arms in Afghanistan.” AP News. Seth Moulton. June 04, 2021. "Moulton, Bipartisan Honoring Our Promises Working Group to White House: Evacuate our Afghan Partners.” Contractors in AfghanistanMatt Taibbi. August 18, 2021. “We Failed Afghanistan, Not the Other Way Around.” TK News by Matt Taibbi on Substack. Jack Detsch. August 16, 2021. “Departure of Private Contractors Was a Turning Point in Afghan Military’s Collapse.” Foreign Policy. Matt Stoller. July 15, 2021. “‘A Real S*** Show’: Soldiers Angrily Speak Out about Being Blocked from Repairing Equipment by Contractors.” BIG by Matt Stoller. Lynzy Billing. May 12, 2021. “The U.S. Is Leaving Afghanistan? Tell That to the Contractors.” New York Magazine. Oren Liebermann. March 29, 2021. “Pentagon could open itself to costly litigation from contractors if US pulls out of Afghanistan this year.” CNN. Lucas Kunce and Elle Ekman. September 15, 2019. “Comment Submitted by Major Lucas Kunce and Captain Elle Ekman.” [Regulations.gov(https://en.wikipedia.org/wiki/Regulations.gov). Aaron Mehta. Oct 25, 2016. “30 Years: William Perry — Reshaping the Industry.” Defense News. Jared Serbu. August 22, 2016. “DoD now awarding more than half its contract spending without competitive bids.” Federal News Network. 41 U.S. Code § 3307 - Preference for commercial products and commercial services. Money: Lost and GainedDavid Moore. August 23, 2021. “Lawmakers Benefit From Booming Defense Stocks.” Sludge. Lee Fang. August 20, 2021. “Congressman Seeking to Relaunch Afghan War Made Millions in Defense Contracting.” The Intercept. Anna Massoglia and Julia Forrest. August 20, 2021. “Defense contractors spent big in Afghanistan before the U.S. left and the Taliban took control.” OpenSecrets.org. Stephen Losey. April 16, 2021. “The Bill for the Afghanistan War Is $2.26 Trillion, and Still Rising.” Military.com. Eli Clifton. February 16, 2021. “Weapons Biz Bankrolls Experts Pushing to Keep U.S. Troops in Afghanistan.” Daily Beast. Open Secrets. 2021. Defense: Lobbying, 2021. Open Secrets. 2021. Defense: Money to Congress. LawsS.1790 - National Defense Authorization Act for Fiscal Year 2020Sponsor: Senator Jim Inhofe (R-OK) H.R. 3237: Emergency Security Supplemental Appropriations Act of 2021Sponsor: Rep. Rosa DeLauro (D-CT) May 20 House Vote Breakdown Law OutlineTITLE IV: BILATERAL ECONOMIC ASSISTANCE GENERAL PROVISIONS EXTENSION AND MODIFICATION OF THE AFGHAN SPECIAL IMMIGRANT VISA PROGRAM Sec. 401: Amends the Afghan Allies Protection Act of 2009 to expand eligibility to include Afghans who worked not only for the US Government for more than 1 year but also our allies as an off-base interpreter or if they performed "activities for United States military stationed at International Security Assistance Force (or any successor name for such Force). Increases the number of Special Immigrant Visas (SIV) to Afghan partners by 8,000, for a total of 34,500 allocated since December 19, 2014. Sec. 402: Authorizes the Secretary of Homeland Security and Secretary of state to jointly waive for 1 year (maximum 2 years with an extension) the requirement that Afghan partners eligible for SIVs get a medical exam before they can receive their visa. The Secretary of Homeland Security has to create a process to make sure Afghan SIV holders get a medical exam within 30 days of entry into the United States. Sec. 403: Allows the surviving spouse or child or employee of the United States Government abroad to be eligible for immigration into the United States if the employee worked for our government for at least 15 years or was killed in the line of duty. It also expands entry permissions for Afghan SIV applicants in addition to those who have already been approved. This is retroactive to June 30, 2021. Policies for Visa Processing:
Audio SourcesGen. Mark Milley: "There was nothing that I or anyone else saw that indicated a collapse of this army and this government in 11 days."August 18, 2021
President Biden on Afghanistan WithdrawalJuly 8, 2021 Sound Clips
President Biden Remarks on Afghanistan StrategyApril 14, 2021 Sound Clips
The Special Inspector General for Afghanistan Reconstruction (SIGAR) High-Risk ListCenter for Strategic and International Studies March 10, 2021 Speaker:
Sound Clips
Hearing: A PATHWAY FOR PEACE IN AFGHANISTAN: EXAMINING THE FINDINGS AND RECOMMENDATIONS OF THE AFGHANISTAN STUDY GROUPHouse Committee on Oversight and Reform: Subcommittee on National Security February 19, 2021 Testimony was heard from the following Afghanistan Study Group officials:
Sound Clips
Hearing: Examining the Trump Administration’s Afghanistan StrategyHouse Committee on Oversight and Reform, Subcommittee on National Security January 28, 2020 Witness:
Sound Clips
Wartime ContractingSenate Committee on Homeland Security and Governmental Affairs September 21, 2011 Witnesses:
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President George W. Bush announces U.S. Military Strikes on AfghanistanOctober 7, 2001
International Campaign Against TerrorismSenate Foreign Relations Committee October 25, 2001 Witness:
Sound Clip
Executive Producer RecommendationsKrystal Kyle and Friends. August 21, 2021. “Episode 35 Audio with Matthew Hoh.” Cover ArtDesign by Only Child Imaginations Music Presented in This EpisodeIntro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio) |
Sep 13, 2021 |
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CD237: Hunting Domestic Terrorists
01:58:59
In the aftermath of January 6th, Congress passed a "Capitol Security" law and is considering other measures to deal with "domestic terrorists". In this episode, after we examine the new law, we take a look at the domestic terrorism related bills making their way through Congress, we analyze the laws already on the books which allow way too many Americans to be branded as "domestic terrorist" suspects, and we take a close look at the Biden administrations disturbing plans for investigating, preventing, and prosecuting American citizens for crimes they haven't committed yet. Executive Producer: Christopher Grizzle Executive Producer: Jose Huerta Please Support Congressional Dish – Quick Links
Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Background SourcesRecommended Congressional Dish EpisodesCD236: January 6: The Capitol Riot CD235: The Safe Haven of Sanctions Evaders CD228: The Second Impeachment Trial of Donald Trump CD224: Social Media Censorship Domestic Terrorism Policy and StrategyU.S. Department of Homeland Security. August 13, 2021. “National Terrorism Advisory System Bulletin”. U.S. National Security Council. June 2021. National Strategy for Countering Domestic Terrorism. The White House. U.S. Department of Homeland Security. May 11, 2021. “DHS Creates New Center for Prevention Programs and Partnerships and Additional Efforts to Comprehensively Combat Domestic Violent Extremism”. U.S. Department of Homeland Security. September 19, 2019. "Fusion Centers." "John D. Cohen: Coordinator for Counterterrorism and Assistant Secretary for Counterterrorism and Threat Prevention Policy, U.S. Department of Homeland Security." No date. U.S. House of Representatives Document Repository. U.S. Department of Defense Security Cooperation Agency. No date. "Humanitarian Assistance". Perspectives on the "Domestic War on Terror"Branko Marcetic. July 28, 2021. “The FBI’s Domestic 'War on Terror' Is an Authoritarian Power Grab.” Jacobin. Ken Bensinger and Jessica Garrison. July 20, 2021. "Watching the Watchmen." BuzzFeed News. Harsha Panduranga. June 21, 2021. “Why Biden’s Strategy for Preventing Domestic Terrorism Could Do More Harm Than Good.” Los Angeles Times. Glenn Greenwald. June 2, 2021. “The New Domestic War on Terror Has Already Begun -- Even Without the New Laws Biden Wants.” Glenn Greenwald Substack. Faiza Patel. February 16, 2021. "We Don’t Need More Terrorism Laws After the Capitol Riot. Just Look At Our 9/11 Mistakes." Brennan Center for Justice. January 6 Capitol Riot AftermathNatalia Gurevich. August 24, 2021. “After Jan. 6 attack, US Capitol Police choose San Francisco for new field office.” KCBS Radio. Barbara Sprunt. July 27, 2021. “Here Are The 9 Lawmakers Investigating The Jan. 6 Capitol Attack.” NPR. Glenn Greenwald. July 8, 2021. "The Capitol Police, Armed With $2 Billion in New Funding, Expanding Operations Outside of D.C." Glenn Greenwald Substack. United States Capitol Police. July 6, 2021. “After the Attack: The Future of the U.S. Capitol Police.” Lexi Lonas. June 30, 2021. "Nearly 70 House lawmakers ask leadership to reimburse National Guard for Jan. 6 response.” The Hill. Jacob Pramuk. May 20, 2021. "House passes $1.9 billion Capitol security bill that faces Senate roadblocks." CNBC. Corporate and Government PartnershipsRachael Levy. August 15, 2021. “Homeland Security Considers Outside Firms to Analyze Social Media After Jan. 6 Failure." Anti-Defamation League. July 26, 2021. “PayPal Partners with ADL to Fight Extremism and Protect Marginalized Communities.” Danny O'Brien and Rainey Reitman. December 14, 2020. “Visa and Mastercard are Trying to Dictate What You Can Watch on Pornhub.” Electronic Frontier Foundation. Gillian Friedman. December 10, 2020. “Mastercard and Visa stop allowing their cards to be used on Pornhub.” New York Times. Shannon Souza. October 12, 2020. “Credit and Debit Card Market Share by Network and Issuer.” The Ascent: A Motley Fool Service. New Zealand Ministry of Foreign Affairs and Trade. The Christchurch Call. “Anti-Defamation League.” Last edited March 30, 2012. SourceWatch. Valens Global. "Who We Are." LawsH.R. 3237: Emergency Security Supplemental Appropriations Act of 2021 (Capitol Police Funding)Sponsor: Rep. Rosa DeLauro (D-CT) Status: Signed into law, 2021 May 20 House Vote Breakdown Law OutlineTITLE I: DEPARTMENT OF DEFENSEEmergency funding appropriated...
TITLE II: DEPARTMENT OF HEALTH AND HUMAN SERVICESEmergency funding appropriated...
TITLE III: LEGISLATIVE BRANCHSENATE AND HOUSE OF REPRESENTATIVESEmergency funding appropriated...
CAPITOL POLICEEmergency funding appropriated...
ARCHITECT OF THE CAPITOLEmergency funding appropriated...
CAPITOL POLICE BUILDINGS, GROUNDS AND SECURITYEmergency funding appropriated to the Capitol Police and Architect of the Capitol Police...
GENERAL PROVISIONSSec. 310: No Permanent Fencing
TITLE IV: BILATERAL ECONOMIC ASSISTANCEDEPARTMENT OF STATE, MIGRATION AND REFUGEE ASSISTANCEEmergency funding appropriated...
GENERAL PROVISIONSExtension and Modification of the Afghan Special Immigrant Visa Program (See episode CD238) TITLE V: DEPARTMENT OF JUSTICESTATE AND LOCAL LAW ENFORCEMENT ASSISTANCEEmergency funding appropriated...
USA PATRIOT ActSponsor: James Sensenbrenner Jr. (R-WI) Status: Signed into law, 2001
BillsS. 1896: Algorithmic Justice and Online Platform Transparency ActSponsor: Doris Matsui (D-CA) Status: Introduced, May 28, 2021 S. 937: COVID-19 Hate Crimes ActSponsor: Mazie Hirono (D-HI) Status: Enacted, March 23, 2021 H.Res. 272: Calling for the designation of Antifa as a domestic terrorist organizationSponsor: Lauren Boebert (R-CO) Status: Introduced to the House, March 26, 2021 S. 963: Domestic Terrorism and Hate Crimes Prevention ActSponsor: Richard Durbin (D-IL) Status: Sent to the Senate for consideration March 25, 2021 S. 964: Domestic Terrorism Prevention Act of 2021Sponsor: Richard Durbin (D-IL) Status: Introduced, March 24, 2021 H.R. 657: District of Columbia National Guard Home Rule ActSponsor: Eleanor Norton (D-DC) Status: Introduced, February 1, 2021 S. 130: District of Columbia National Guard Home Rule ActSponsor: Chris Van Hollen (D-MD) Status: Introduced January 28, 2021 H.R. 350: Domestic Terrorism Prevention Act of 2021Sponsor: Brad Schneider (D-IL) Status: Introduced January 19, 2021 H.R. 4192: Confronting the Threat of Domestic Terrorism ActSponsor: Adam Schiff (D-CA) Status: Died in 116th Congress The HearingsResources and Authorities Needed to Protect and Secure the HomelandSenate Committee on Homeland Security and Governmental Affairs Testimony heard from Alejandro N. Mayorkas, Secretary of Homeland Security 37:00 DHS Secretary Alejandro Mayorkas: Domestic terrorism is the most lethal and persistent terrorism related threat to the United States today. That is why we are requesting $131 million to support innovative methods to prevent domestic terrorism, while respecting privacy, civil rights and civil liberties. 2:27:00 Sen. Jon Ossoff (GA): According to DHS, FBI data from 2015 to 2019, 65 Americans were tragically killed in domestic terrorist attacks. And I want to put that in context by referring to CDC homicide data over the same period of 2015 to 2019. 94,636 Americans killed by homicide over that same period. 2:27:15 Sen. Jon Ossoff (GA): What leads you to the conclusion that the level of threat from domestic violent extremists and the level of threat posed by potential domestic terrorists has risen to the extent that it justifies this bureaucratic focus and this budgetary focus you've requested, for example, resources to establish a new dedicated domestic terrorism branch within DHS Office of Intelligence and Analysis. 2:28:00 DHS Secretary Alejandro Mayorkas: What we see is an increasing amount of social media traffic that is based on ideologies of hate, and extremism, false narratives, and an increasing connectivity to violence - intention to commit violent acts. And so that is what causes us to conclude that this is the greatest terrorist related threat that we face in our homeland today. 2:28:15 DHS Secretary Alejandro Mayorkas: What we seek to do is more effectively disseminate what we learn about those trends - mindful of rights of privacy and civil rights and civil liberties - disseminate that information to our state, local, tribal, territorial partners on the one hand, and importantly, to equip local communities, to empower them to address the threat in their own neighborhoods. Terrorism and Digital Financing: How Technology is Changing the Threat House Committee on Homeland Security: Subcommittee on Intelligence and Counterterrorism Testimony was heard from the following Department of Homeland Security officials:
3:15 Rep. Elise Slotkin (MI): Some of the online platforms and online tech allow easy access for thousands, if not millions of users to donate money through online campaigns. For example, crowdfunding through PayPal, GoFundMe, and Amazon have become popular ways in recent years for extremist groups to raise money. To put this in context, according to the Global Project Against Hate and Extremism, from about 2005 to 2015, just about every extremist group they tracked featured a PayPal button on their website. Now, even though PayPal and other payment processing platforms became aware of the issue and began to ban extremists from their flat platforms, which is a great first step, these groups have persevered and maintained a strong online presence. 5:00 Rep. Elise Slotkin (MI): But just as nefarious groups have changed their fundraising tactics after crackdowns by payment processors like PayPal, when law enforcement begins following and cracking down on illicit Bitcoin use, terrorist fundraisers advise supporters to use other cryptocurrencies to avoid detection. This was the case of a pro ISIS website that requested its supporters send money via Monero, another cryptocurrency instead of Bitcoin because of its privacy and safety features. 6:00 Rep. Elise Slotkin (MI): But we know we have an uphill battle. Our subcommittee really stands ready to help the department with what you need. If you need changes to legislation, if you need resources, we want to hear more from you, not less. 56:55 Rep. Tom Malinowski (NJ): I hear the phrase that it enables the democratization of currency. And every time someone says we're democratizing something, it kind of ends the conversation. That's sort of good. I don't really understand what that means in this context. I think it's an abstraction, whereas ransomware attacks are not an abstraction. They're hurting people, every single day. So I'm not sure if I see it. And I think we do need to expand this conversation to ask that fundamental question, whether the challenges that you are facing - that we are asking you to deal with - in protecting us against all of these social ills, are challenges that are necessary, inescapable and inevitable. And I think we have to ask, what is the good? What is the positive social value of this phenomenon that is also creating all of this harm? And you know, I think when you look at the history of how we built modern economies in the United States and around the world, we started three or 400 years ago with multiple currencies that were unregulated and not controlled by governments and in every modern economy, we built what we have today when government decided no, we're going to have one currency that is issued and regulated by government. And I think I could ask you - we don't have time - how we can better regulate cryptocurrency, but I think if we regulated it, it wouldn't be crypto anymore. And so what would be the point? So I come back to the question, should this be allowed? Thank you. I yield back. Examining the January 6 Attack on the U.S. Capitol, Part IISenate Committee on Homeland Security and Governmental Affairs and Committee on Rules and Administration Testimony was heard from:
06:42 Sen. Gary Peters (MI): But the January 6 attack must mark a turning point. There can be no question that the domestic terrorist threat and concluding violence driven by white supremacy and anti-government groups is the gravest terrorist threat to our homeland security. Moving forward, the FBI, which is tasked with leading our counterterrorism efforts, and the Department of Homeland Security, which ensures that state and local law enforcement understands the threats that American communities face must address this deadly threat with the same focus and resources and analytical rigor that they apply to foreign threats such as ISIS and Al Qaeda. State and Local Responses to Domestic Terrorism: The Attack on the U.S. Capitol and BeyondHouse Committee on Homeland Security, Subcommittee on Intelligence and Counterterrorism Testimony was heard from:
07:19 Rep. Elissa Slotkin (MI): The post 9/11 era of security where the threats come from abroad is over. In the 20 years of the post 9/11 era, they came to an end on January 6th, the new reality is that we have to come to terms with is that it's our extremists here at home, seeking to explain internal divisions that pose the greatest threat. Dollars Against Democracy: Domestic Terrorist Financing in the Aftermath of InsurrectionHouse Committee on Financial Services, Subcommittee on National Security, International Development, and Monetary Policy Testimony was heard from:
03:28 Rep. Jim Himes (CT): In the wake of the attacks of September 11th, we recast the entire federal government and worked feverishly to defund terrorist streams. To effectively disrupt domestic extremist groups, we need to better understand their financing. 23:11 Daniel Glaser: Thank you for the opportunity to appear before you today to talk about how the US government can employ similar tools and strategies against white nationalists and other domestic terrorist groups as it has employed against global jihadist groups over the past two decades. 27:42 Daniel Glaser: Potential measures in Treasury's toolbox include the issuance of guidance to financial institutions on financial type policies, methodologies and red flags, the establishment of public private partnerships, the use of information sharing authorities, and the use of geographic targeting orders. Taken together these measures will strengthen the ability of financial institutions to identify, report and impede the financial activity of domestic extremist groups and will ensure that the US financial system is a hostile environment for these groups. 30:10 Daniel Rogers: These groups leverage the Internet as a primary means of disseminating their toxic ideologies and soliciting funds. One only needs to search Amazon or Etsy for the term q anon to uncover shirts, hats, mugs, books and other paraphernalia that both monetize and further popularize the domestic violent extremist threat. Images from that fateful day last month are rife with sweatshirts that say, Camp Auschwitz that until recently were for sale on websites like Teespring and cafe press. As we speak at least 24 individuals indicted for their role in the January 6 insurrection, including eight members of the proud boys have used crowdfunding site gifts and go to raise nearly a quarter million dollars in donations. And it's not just about the money. This merchandise acts as a sort of team jersey that helps these groups recruit new members and foment further hatred towards their targets. We analyze the digital footprints of 73 groups across 60 websites, and 225 social media accounts and their use of 54 different online fundraising mechanisms, including 47 payment platforms and five different cryptocurrencies, ultimately finding 191 instances of hate groups using online fundraising services to support their activities. The funding mechanisms included both primary platforms like Amazon, intermediary platforms, such as Stripe or Shopify crowdfunding sites like GoFundMe, payments facilitators like PayPal, monetized content streaming services, such as YouTube, super chats, and cryptocurrencies, such as Bitcoin. All of these payment mechanisms were linked to websites or social media accounts on Facebook, Instagram, YouTube, telegram, LinkedIn, Pinterest, gab, picshoot and others. The sheer number of companies I just mentioned, is the first clue to the scale and the scope of the problem. 43:25 Rep. Jim Himes (CT): Mr. Glaser, you you, though suggested something new that I'd like to give you a maybe 30 seconds, 42 seconds I have left to elaborate on you said you were taught you were hopeful for sanctions like authorities against domestic actors. You did nod to constitutional civil liberties concerns. But give us another 30 seconds on exactly what you mean. And perhaps most importantly, what sort of fourth amendment overlay should accompany such authority? 43:52 Daniel Glaser: Well, thank you, thank you for the question. The fact is, the Treasury Department really does not have a lot of authority to go after purely domestic groups in the way that it goes after global terrorist organizations that simply doesn't have that authority. You could imagine an authority that does allow for the designation of domestic organizations, it would have to take into account that, the constitutional restrictions. When you look when you read the a lot of the court decisions, there's concerns could be addressed in the statute, there's concerns. A lot of the scrutiny is heightened because sanctions are usually accompanied with acid freezes. But you could imagine sanctions that don't involve asset freezes that involve transaction bounds that involve regulatory type of requirements that you see in Section 311 of the Patriot Act. So there's a variety of ways that both the due process standards could be raised from what we see in the global context. 48:21 Rep. French Hill (AZ): On 314 in the Patriot Act, is that a place where we could, in a protected appropriate way make a change that relates to this domestic issue? Or is that, in your view, too challenging? Daveed Gertenstein-Ross: No, I think it's a place where you could definitely make a change. The 314-A process allows an investigator to canvass financial institutions for potential lead information that might otherwise never be uncovered. It's designed to allow disparate pieces of information to be identified, centralized and evaluated. So when law enforcement submits a request to FinCEN, to get information from financial institutions, it has to submit a written certification that each individual or entity about which the information is sought is engaged in or reasonably suspected of engaging in terrorist activity or money laundering. I think that in some cases 314-A, may already be usable, but I think it's worth looking at the 314-A process to see if in this particular context, when you're looking at domestic violent extremism, as opposed to foreign terrorist organizations, there are some tweaks that would provide ability to get leads in this manner. 1:15:04 Iman Boukadoum: What we submit is that the material support for terrorism statute, as we know, there are two of them. There's one with an international Nexus that is required. And there's one that allows for investigating material support for terrorism, domestic terrorism, in particular, as defined in the patriot act with underlying statutes that allows for any crimes that take place within the United States that have no international nexus. And we believe that that second piece of material support for terrorism statute has been neglected and can be nicely used with the domestic terrorism definition as laid out in the Patriot Act. And we hope that statutory framework will be used to actually go after violent white nationalists and others. The Capitol Insurrection: Unexplained Delays and Unanswered Questions (Part II)House Committee on Oversight and Reform
2:51:19 Chris Wray: Among the things that we've taken away from this experience are a few. One, as you heard me say in response to an earlier question, we need to develop better human sources, right, because if we can get better human sources, then we can better separate the wheat from the chaff in social media. Two, we need better data analytics. The volume, as you said, the volume of this stuff is, is just massive, and the ability to have the right tools to get through it and sift through it in a way that is, again, separating the wheat from the chaff is key. And then the third point that I would make is we are rapidly having to contend with the issue of encryption. So what I mean by that is, yes, there might be chatter on social media. But then what we have found and this is true in relation to January 6th, in spades, but it was also true over the summer in some of the violence that occurred there. Individuals will switch over to encrypted platforms for the really significant, really revealing communications. And so we've got to figure out a way to get into those communications or we're going to be constantly playing catch up in our effort to separate as I said, the wheat from the chaff on social media. 3:16:54 Chris Wray: As for social media, I think there's, there's it's understandable that there's a lot of confusion on this subject we do not we have very specific policies that Ben at the Department for a long time that govern our ability to use social media and when we have an authorized purpose and proper predication, there's a lot of things we can do on social media. And we do do and we aggressively do but what we can't do, what we can't do on social media is without proper predication, and an authorized purpose, just monitor, just in case on social media. Now, if the policies should be changed to reflect that, that might be one of the important lessons learned coming out of this whole experience. But that's not something that that currently the FBI has the either the authority or certainly the resources frankly, to do. Executive producer contact informationRobyn Thirkill Cover ArtDesign by Only Child Imaginations Music Presented in This EpisodeIntro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio) |
Aug 30, 2021 |
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CD236: January 6: The Capitol Riot
02:10:58
Congress has conducted at least eleven bipartisan hearings to investigate the security failures that permitted a mob of American citizens to riot inside the Capitol Building and successfully disrupt Congress while they certified the 2020 election results on January 6, 2021. In this episode, hear key highlights pulled from over 30 hours of testimony to understand exactly what happened that day. Executive Producer: Forrest Pttman Please Support Congressional Dish – Quick Links
Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Recommended Congressional Dish EpisodesQ: Into the Storm, HBO CD226: Lame Duck BillsH.R.1090 - District of Columbia National Guard Home Rule Act S.964 - Domestic Terrorism Prevention Act of 2021 H.R.4192 - Confronting the Threat of Domestic Terrorism Act S.2043 - Jabara-Heyer NO HATE Act H.R.4187 - Domestic Terrorism Penalties Act of 2019 Section 311 of the USA PATRIOT Act U.S. Department of the Treasury Articles/Documents
Additional Resources
Sound Clip SourcesHearing: USCP OVERSIGHT FOLLOWING JANUARY 6 ATTACK, Senate Committee on Rules and Administration, June 16, 2021Witnesses:
Transcript:36:40 Michael Bolton: To me the biggest failure is that because we have allowed certain elements within the Capitol Police to be autonomous, they conduct their own training, okay? That's the issue. Whereas you if you have a Training Services Bureau and let's call it an office of training that is fully incorporated, they handle all the training they conducted. They make sure you get the training, they hold your officials accountable, your people doing your training, guess what, we're sending a letter to the chief and they can no longer work until they get required or what have you. Hearing: The Capitol Insurrection: Unexplained Delays and Unanswered Questions (Part II), House Committee on Oversight and Reform, June 15, 2021Witnesses:
Transcript:30:41 Lt. General Walter Piatt: My involvement with our response to this emergency began shortly after entering the Secretary of the Army's office at 2:20pm to provide a report of a suspicious package. While I was there, a panic call came in reporting several explosions in the city. To understand the situation, to indentify, what was needed from the army Secretary McCarthy convened a conference call. During this call DC and Capitol authorities frantically requested urgent and immediate support to the Capitol. We all immediately understood the gravity of the situation. Secretary McCarthy went down the hall to seek approval from the Acting Secretary of Defense. Before departing, she directed me to have the staff prepare a response. I communicated this on the conference call. But those are more and more convinced that I was denying their request, which I did not have the authority to do. Despite clearly stating three times that we are not denying your request, we need to prepare a plan for when the Secretary of the Army gains approval. 1:46:02 General Charles Flynn: There's four things in planning that we could have done. And we should have done. The first one there should have been clearly a lead federal agency designated. The second one is we should have had an integrated security plan. The third one is and much of this has been talked about already is information and intelligence sharing on criminal activities before the sixth of January. And then the fourth one would have been, we should have pre-federalized certain National Guard forces so that they could have immediately been moved to the Capitol and had those authorities in place before this happened. 2:09:30 Rep. Kweisi Mfume (MD): So that's what we are trying to do, keep our republic and to keep it from those who tried to overthrow this government who wanted to kill members of Congress, who wanted to hang Mike Pence. 2:43:37 Rep. Michael Cloud (TX): You mentioned domestic terrorism that this would qualify as that, would the riots that we saw across the cities for nights and nights and weeks and weeks on even months on end, qualify as domestic terrorism as well? Chris Wray: We've been treating both as domestic terrorism and investigating both through our Joint Terrorism Task Force. 2:51:19 Chris Wray: Among the things that we've taken away from this experience are a few. One, as you heard me say in response to an earlier question, we need to develop better human sources, right, because if we can get better human sources, then we can better separate the wheat from the chaff in social media. Two, we need better data analytics. The volume, as you said, the volume of this stuff is, is just massive, and the ability to have the right tools to get through it and sift through it in a way that is, again, separating the wheat from the chaff is key. And then the third point that I would make is we are rapidly having to contend with the issue of encryption. So what I mean by that is, yes, there might be chatter on social media. But then what we have found and this is true in relation to January 6th, in spades, but it was also true over the summer in some of the violence that occurred there. Individuals will switch over to encrypted platforms for the really significant, really revealing communications. And so we've got to figure out a way to get into those communications or we're going to be constantly playing catch up in our effort to separate as I said, the wheat from the chaff on social media. 3:01:00 Chris Wray: We consider the attack on capital on January 6 to be a form of domestic terrorism. 3:16:00 Chris Wray: As for social media, I think there's, there's it's understandable that there's a lot of confusion on this subject we do not we have very specific policies that Ben at the Department for a long time that govern our ability to use social media and when we have an authorized purpose and proper predication, there's a lot of things we can do on social media. And we do do and we aggressively do but what we can't do, what we can't do on social media is without proper predication, and an authorized purpose, just monitor, just in case on social media. Now, if the policies should be changed to reflect that, that might be one of the important lessons learned coming out of this whole experience. But that's not something that that currently the FBI has the either the authority or certainly the resources frankly, to do. 4:06:00 Rep. Pat Fallon (TX): Has anyone been charged with inciting an insurrection? Chris Wray: I think I responded to an earlier question. I don't believe that that has been one of the charges us so far. But again, with that many cases, I want to build a little room for the fact that I might not know all the cases. Rep. Pat Fallon (TX): So right as of right now, the answer would be no, fair to say? Chris Wray: That's my understanding. Rep. Pat Fallon (TX): Okay. Has anybody been charged with sedition to your knowledge? Chris Wray: Same answer. Rep. Pat Fallon (TX): Okay. No, again, Has anybody been charged with treason? Chris Wray: I don't believe so. Rep. Pat Fallon (TX): Okay, has anyone been charged with illegal possession of a firearm inside the Capitol? On that day? Chris Wray: I believe there has been at least one instance of someone arrested with a firearm in the Capitol. And there have been a number of arrests of individuals either en route to the Capitol or near the Capitol for the for the siege. 4:11:00 Rep. James Comer (KY): On December 31, Mayor browser requested DC National Guard assistance with the planned protest for January fifth and sixth, correct? Lt. General Walter Piatt: Correct, sir. Rep. James Comer (KY):And was that request for assistant ultimately approved by the Secretary of Army? Lt. General Walter Piatt: It was approved by the Acting Secretary of Defense as well. Rep. James Comer (KY):Were restrictions placed on that authority upon the request of Mayor browser and if so, what were those restrictions? Lt. General Walter Piatt: She had requested that they be unarmed and it did not take a place in any law enforcement activities. Hearing: The Capitol Insurrection: Unexplained Delays and Unanswered Questions, Committee on Oversight and Reform, May 12, 2021Witnesses:
Transcript:00:22 Rep. Carolyn Maloney (NY): Today the committee will examine one of the darkest days in our nation's history. The January 6th insurrection at the United States Capitol. On that day, a violent mob incited by shameless lies told by a defeated president launched the worst attack on our republic since the Civil War. 00:42 Rep. Carolyn Maloney (NY): We watched as the temple of our democracy, a building whereas familiar with as our own homes, was overrun by a mob bent on murdering the Vice President and members of Congress. 21:21 Chris Miller: I want to remind you and the American public that during that time, there was irresponsible commentary by the media about a possible military coup or that advisors the president were advocating the declaration of martial law. I was also very cognizant of the fears and concerns about the prior use of the military in June 2020 response to protests in the White House. And just before the electoral college certification 10 former Secretaries of Defense signed an op-ed published in The Washington Post warning of the dangers of politicizing inappropriately using the military. No such thing was going to occur and my watch, but these concerns and hysteria about them nonetheless factored into my decisions regarding the appropriate and limited use of our armed forces to support civilian law enforcement during the electoral college certification. My obligation to the nation was to prevent a constitutional crisis. Historically, military responses to domestic protests have resulted in violations of American civil rights and even in the case the Kent State protests of the Vietnam War, tragic deaths. In short, I fervently believe the military should not be utilized in such scenarios, other than as a last resort, and only when all other assets had been expended. 26:02 Chris Miller: I stand by every decision I made on January 6th and the following days. I want to emphasize that our nation's armed forces are to be deployed for domestic law enforcement only when all civilian assets are expended and only as the absolute last resort. To use them for domestic law enforcement in any other manner is contrary to the constitution and a threat to the Republic. I ask you this consider what the response in Congress in the media had been if I had unilaterally deployed 1000s of troops into Washington DC that morning against the Express wishes of the Mayor and the Capitol Police who indicated they were prepared. 40:52 Rep. Carolyn Maloney (NY): Mr. Miller, you were the Acting Secretary of Defense on January 6th, did President Trump as the commander in chief of the US Armed Forces call you during the January 6 attack to ensure the capital was being secured? Mr. Miller? Chris Miller: No, I had all the authority I needed from the president to fulfill my constitutional duties. Rep. Carolyn Maloney (NY): Did you speak with President Trump at all as the attack was unfolding? Chris Miller: On January 6th? yes. Chris Miller: No, I did not. I didn't need to I had all the authority I needed and knew what had to happen. I knew what had to happen. Rep. Carolyn Maloney (NY): Did you speak with Vice President Pence during the attack? Yes or no? Chris Miller: Yes. Rep. Carolyn Maloney (NY): According to a defense department timeline, it was Vice President Pence and not President Trump, who called during the siege to say the Capitol was not secure. And to give you the direction to quote, 'clear the Capitol.' What specifically did Vice President Pence say to you that day? Chris Miller: Vice President's not in the chain of command, he did not direct me to clear the capital. I discussed very briefly with him the situation. He provided insights based on his presence there, and I notified him or I informed him that by that point, the District of Columbia National Guard was being fully mobilized and was in coordination with local and federal law enforcement to assist in clearing the Capitol. 1:05:28 Chris Miller: I think I'd like to modify my original assessment. Rep. Stephen Lynch (MA): Why am I not surprised about that? Chris Miller: Based on as Chief Contee said, we are getting more information by the day by the minute about what happened and the highlight some other observations that were made. It's clear now that there were organized... Although we're going to find out through the Department of Justice process in the law, and the legal system, it seems clear that there was some sort of conspiracy where there were organized assault elements that intended to assault the Capitol that day. Rep. Stephen Lynch (MA): Reclaiming my time, I'm just asking you the same question you've answered before. Did did the President's remarks incite members to march, the people in the crowd to march on the Capitol, or did they not? Chris Miller: Well, he clearly said offered that they should march on the Capitol. So it goes without saying that his statement resulted in that... Rep. Stephen Lynch (MA): Reclaiming my time. Let me just share with the committee what you have said before. This is your quote. This is your quote. What anyone? Would anybody have marched on the Capitol and tried to overrun the Capitol without the president speech? I think it's pretty much definitive. That would not have happened. Rep. Stephen Lynch (MA): I think now, I would say that this is not the unitary factor at all. What's that? Chris Miller: I would like to offer I have reassessed. It was not the unitary factor at all. There was no...it's seems clear there was an organized conspiracy with assault elements. Rep. Stephen Lynch (MA): In your testimony for today. Reclaiming my time again, for your written testimony for today. For today, this morning, you stated the following about the President's quote, I personally believe his comments encouraged the protesters that day. So this is that this is that there's a very recent reversal of your of your testimony. Chris Miller: Absolutely not. That's ridiculous. Rep. Stephen Lynch (MA): You're ridiculous. Chris Miller: Thank you for your, your thoughts. I also want to highlight... Rep. Stephen Lynch (MA): No wait a minute, reclaiming my time, reclaiming my time. 2:06:30 Rep. Glenn Grothman (WI): Has there been any progress made it all on on? Who would have put these bombs there? Robert Contee: No arrests have been made no suspects identified, working without partners on the federal side. There's been surveillance videos that have been released publicly showing that individual placing the pipe bombs, but no arrests have been made at this point. 3:01:05 Rep. Andrew Clyde (GA): Watching the TV footage of those who entered the Capitol and walked through Statuary Hall showed people in an orderly fashion staying between the stanchions and ropes, taking videos and pictures. You know, if you didn't know the TV footage was a video from January the sixth, you would actually think it was a normal tourist visit. 3:12:18 Sen. Hank Johnson (GA): Were you ordered to delay deployment of troops? Chris Miller: 110% Absolutely not. No, that is not the case. 4:41:42 Chris Miller: If we had a valid request and a necessary requests from your body, I guarantee you that the Department of Defense would have been there in strength as required. Rep. Mike Quigley (IL): So when you would acknowledge we lost the battle we lost for the first time since 1814... Chris Miller: Horrifying. Rep. Mike Quigley (IL): And it was everybody else's fault but DoD. Chris Miller: I absolutely disagree with the statement that it was... Rep. Mike Quigley (IL) I'm paraphrasing you the only way that makes sense when you say 'you wouldn't do anything differently, you wouldn't do anything differently.' Okay, that implies what I'm saying that it was everybody else's fault in your mind, because it was a catastrophic failure. Chris Miller: And I just had an obligation to protect and defend the Constitution and guarantee that the armed forces were used appropriately, and not in a manner that would be seen as extraconstitutional. Rep. Mike Quigley (IL) Look, the Constitution is not a treaty of surrender. It affords you the opportunity to do what's necessary to defend the people in the democracy of the United States. I mean, if looked upon the destruction afterwards, looking back, you say, 'well, at least I defended the Constitution' is another perverse way of looking at this. Nothing was DoDs fault. And at least you did, in your own mind, defend what you thought was right for the Constitution. Never mind how many people got hurt and how much damage was done to our government in the meantime. Chris Miller: I will absolutely take that on and take that as a compliment. Because the armed forces of the United States was completely prepared and ready to respond to any valid request from any department or agency or local or federal law enforcement office. Rep. Mike Quigley (IL) You lost and you don't have the Intellectual fortitude to own up to your part of the responsibility. And I get it, a lot of people screwed up, you're one of them. I yield scaled back. Madam Chairman. Chris Miller: I respectfully disagree in that. Rep. Mike Quigley (IL) I was in the room, you weren't. Hearing: State and Local Responses to Domestic Terrorism: The Attack on the U.S. Capitol and Beyond, House Committee on Homeland Security: Subcommittee on Intelligence and Counterterrorism, March 24, 2021Witnesses:
Transcript:07:19 Rep. Elissa Slotkin (MI): The post 9/11 era of security where the threats come from abroad is over. In the 20 years of the post 9/11 era, they came to an end on January 6th, the new reality is that we have to come to terms with is that it's our extremists here at home, seeking to explain internal divisions that pose the greatest threat. Hearing: JANUARY 6 ATTACK ON THE CAPITOL, Senate Committee on Homeland Security and Governmental Affairs and Committee on Rules and Administration, March 3, 2021Witnesses:
Transcript:06:42 Sen. Gary Peters (MI): But the January 6 attack must mark a turning point. There can be no question that the domestic terrorist threat and cluding violence driven by white supremacy and anti government groups is the gravest terrorist threat to our homeland security. Moving forward, the FBI, which is tasked with leading our counterterrorism efforts, and the Department of Homeland Security, which ensures that state and local law enforcement understands the threats that American communities face must address this deadly threat with the same focus and resources and analytical rigor that they apply to foreign threats such as ISIS and Al Qaeda. 30:19 Robert Salesses: Over the weekend of January 2nd and third, my staff contacted the Secret Service, the Park Police, the marshal service, the FBI, the Capitol Police to determine if they planned to request DoD assistance. None of these law enforcement agencies indicated a need for DoD or DC National Guard Support. 30:45 Robert Salesses: After consultation with the Department of Justice, the Acting Secretary of Defense approved the DC government request for National Guard personnel to support 30 traffic control points and six metro stations from January 5th to the sixth. The Acting Secretary also authorized a 40 person quick reaction force to be readied at Joint Base Andrews. 31:17 Robert Salesses: On January 5, the Acting Secretary of Defense and the Secretary of the Army received a letter from the mayor of DC, stating MPD is prepared and coordinated with its federal partners, namely the Park Police, the Capitol Police and the Secret Service. Based on these communications with federal and local civilian authorities DoD determined that no additional military support was required on January 5th, and 6th. 32:20 Robert Salesses: At approximately 2:30pm, the Secretary of the Army met with the Acting Secretary of Defense and other senior leaders of the Defense Department. After this meeting, the Acting Secretary of Defense determined that all available forces of the DC National Guard were required to reinforce the DC Metropolitan Police and the US Capitol Police and ordered the full mobilization of the DC National Guard at 3:04pm. 33:08 Robert Salesses: After reviewing the DC National Guard's missions, equipping and responsibilities to be performed at the Capitol Complex and supported the Metropolitan Police and Capitol Police, and conferring with the DC Metropolitan Police at their headquarters, at 4:10pm, the Secretary of the Army received the Acting Secretary of Defense's approval at 4:32 and ordered the DC National Guard forces to depart the armory for the Capitol Complex 49:59 Major General William Walker: The District of Columbia National Guard provides support to the Metropolitan Police Department, the United States Park Police, the United States Secret Service, and other federal and district law enforcement agencies in response to planned rallies, marches, protest, and other large scale first amendment activity on a routine basis. The standard component of such support is the stand up of a off site quick reaction for us, an element of guardsmen held in reserve with civil disturbance response equipment, helmets, shields, battons, etc. They are postured to quickly respond to an urgent and immediate need for assistance by civil authorities. The Secretary of the Army's January 5th letter to me withheld that authority for me to employ a quick reaction force. Additionally, the Secretary of the Army's memorandum to me required that a concept of operation be submitted to him before the employment of a quick reaction force. I found that requirement to be unusual, as was the requirement to seek approval to move guardsmen supporting the Metropolitan Police Department to move from one traffic control point to another. 54:50 Major General William Walker: So the memo was unusual in that it required me to seek authorization from the Secretary of the Army and the Secretary of Defense, to essentially even protect my guardsmen. So no civil disturbance equipment could be authorized, unless it was came from the Secretary of Defense, now the Secretary of the Army, to his credit, did tell me that I could have force protection equipment with the guardsmen. So we do have helmets. shin guards, vest, we did have that with us. But that came from the Secretary of the Army. The Secretary of Defense told me I needed his permission to to escalate to have that kind of protection. 55:50 Major General William Walker: What it says, without my personal authorization, the District of Columbia National Guard has not authorized the following to be issued weapons, ammunition bayonets, batons or ballistic protection equipment such as helmets and body armor. Now, again, to be clear, the Secretary of the Army told me to go ahead and issue that equipment. So we never were going to have weapons or ammunition and we no longer have bayonets. But we do have ballistic protection equipment, helmets body armor, and so I did have that with each guardsmen. 57:02 Major General William Walker: And at that time, Chief Conte and Chief Soon passionately pleaded for District of Columbia National Guard to get to the Capitol with all deliberate speed. So the Army senior leaders did not think that it'd look good. It would be a good optic, they further stated that it could incite the crowd. So their best military advice would be to the Secretary of the Army who could not get on the call. So we wanted the Secretary of the Army to join the call, but he was not available. We were told that he was with the Secretary of Defense and not available. But the Army Senior leadership, expressed to Chief Conte, Chief Sohn, Dr. Mitchell, the deputy mayor and others on the call, that it would not be their best military advice to have uniform guardsmen on the Capitol. 58:26 Sen. Gary Peters (MI): General Walker was the issue of optics ever brought up by army leadership when the DC National Guard was deployed during the summer of 2020. Was that discussed? Major General William Walker: It was never discussed. The week of June it was never discussed July 4, when we were supporting the city was never discussed August 28th when we supported the city. Sen. Gary Peters (MI): Did you think that was unusual? Major General William Walker: I did. 1:00:32 Major General William Walker: So I had them ready to go shortly after the phone call. So I brought, at 1500, I directed that the quick reaction for us that was based at Andrews Air Force Base, leave the base, get to the armory at all deliberate speed. I had a police escort bring them to the armory. They returned to the Armory in about 20 minutes. So we had them sitting there waiting. And then, in anticipation of a green light, a go, we put guardsmen on buses, we brought them inside the armory, so nobody would see them putting on the equipment and getting on the buses, and then we just waited to get the approval. And that's why we were able to get to the Capitol in about 18 minutes. Sen. Gary Peters (MI): What time were they on the buses Ready to go? Do you recall? Major General William Walker: By five o'clock, but at five o'clock, I decided, hey, you know, there's got to be an approval coming. So get on the buses, get the equipment on, get on the buses and just wait. And then a few minutes after that we did get the approval. I was on a secure video conference when the army leadership conveyed to me that the Secretary of Defense had authorized the employment of the National Guard at the Capitol. So my timeline has 1708, 5:08pm is when is when we wrote down that we had approval and read was about eight people in the office with me when I got that. Sen. Gary Peters (MI): How many guardsmen were ready. You said write a video earlier and they have gotten 155. So you could have sent 155 much, much earlier, what would have been the impact of sending those 155 right around that two o'clock timeframe? Major General William Walker: Well, based on my experience with the summer and I have 19 years, I have 39 years in the National Guard, and I was in the Florida guard Hurricane Andrew I've been involved in civil disturbances. So I believe that number could have made a difference. We could have helped extend the perimeter and help push back the crowd. 1:13:49 Robert Salesses: The only decision makers on the sixth of January were the Secretary of Defense and the Secretary of the Army Ryan McCarthy. There was a chain of command from the Secretary of Defense, to Secretary McCarthy to General Walker. That was the chain of command. 1:15:39 Sen. Rob Portman (OH): This morning, you have testified that you received this letter from our secretary McCarthy on January 5, so just the day before the attack on the Capitol. In that letter, did Secretary McCarthy prohibit you from employing the National Guard's quick reaction force without his authorization? Major General William Walker: So I have the letter in front of me, and his letter does not but it is the Secretary of Defense says that I have to use it as a last resort. But the Secretary of the Army told me and it's, I have the letter that I couldn't not use the quick reaction force. It would it would he with I'll just read it. Yeah, 'I withhold authority to approve employment of the District of Columbia National Guard quick reaction force, and will do so only as a last resort, in response to a request from an appropriate civil authority. I will require a concept of operation prior to authorizing employment of a civil- of a quick reaction for it. 1:16:05 *Major General William Walker:** Now a quick reaction force normally is a command was tool to go help either a civilian agency, but more typically to help the National Guardsmen who are out there in need, need assistance. 1:16:58 Major General William Walker: Just to be clear, the Secretary of Defense said I could use it as a last resort, right. But the Secretary of the Army says that I could only use it after he gave me permission. And only then after a concept of operation. Sen. Rob Portman (OH): Right, and we talked about the chain of command earlier, so your chain of command is both of these gentlemen. In other words, you you didn't have the authority to deploy that quick reaction force based on either the letter or the earlier memo that went from the Secretary of Defense, Acting Secretary defense to the Secretary of the Army. Is that correct? Major General William Walker: Yes, sir. 1:17:23 Sen. Rob Portman (OH): Yeah, I also thought it was odd and I think you said was unusual and very prescriptive that the January 5th letter required the Secretary of the Army to approve the movement of deployed guardsmen from one traffic control point to another. Did you find that unusual? Major General William Walker: In 19 years I never had that before happened. So on that day, the Metropolitan Police as they would any other day requested that a traffic control point move one block, one block over. No traffic was where they were. So they wanted the traffic control point to move one block. I had to get permission. I told him, I'll get back to you. I contacted Lieutenant General Piatt, who contacted Secretary of the Army, I had to explain where that contractor control point was in relationship to the Capitol. And only then did I get permission to move the three national guardsmen supporting the Metropolitan... Sen. Rob Portman (OH): These are three unarmed National Guardsmen who are helping with traffic control in parts of that Metropolitan Police can do other things. And they were not permitted to move a block away without getting permission from the Secretary of the Army. Is that true? Major General William Walker: That's correct. Yeah. 1:18:52 Sen. Rob Portman (OH): That January 4th memorandum from Acting Secretary Miller to the Army Secretary required the personal approval of the Secretary of Defense for the National Guard to be issued riot gear. Is that correct? Major General William Walker: That's correct. But but the secretary army told me to go ahead and put it into vehicles. So I give him credit for that. 1:19:08 Major General William Walker: Normally for a safety and force protection matter, a commander would would be able to authorize his guardsmen to protect themselves with helmet and protective equipment. 1:25:57 Sen. Roy Blunt (MO): General Walker if the restrictions on your authorities hadn't been put in place by DoD, what would you have done when Chief Sund called you at 1:49 on January 6, with an urgent request for National Guards assistance? Major General William Walker: I would have immediately pulled all the guardsmen that were supporting the Metropolitan Police Department. They had the gear in the vehicles, I would have had them assemble in the armory, and then get on buses and go straight to the armory and report to the most ranking Capitol Police Officer they saw and take direction. And just let me add this, so one of my Lieutenant Colonel's on his own initiative, went to the Capitol, anticipating that we were going to be called, so he would have been there and he met with Deputy Chief Carroll of the Metropolitan Police Department who asked them, where is the National Guard? How come they're not here? And this Colonel said, Well, I'm sure they're coming. And I'm here to scout out where they're going to be when they get here. So that was the plan. I would have sent them there immediately. As soon as I hung up, my next call would have been to my subordinate commanders, get every single guardsman in this building, and everybody that's helping the Metropolitan Police. We mission them to the Capitol without delay. 1:32:11 Robert Salesses: That's when the Secretary of Defense made the decision at 4:32. As general Walker has pointed out, because I've seen all the timelines, he was not told that till 5:08 that's what Sen. Roy Blunt (MO): How's that possible? Mr. Salesses, do you think that the decision in the moment we were in was made at 4:32 and the person that had to be told, wasn't told for more than half an hour after the decision was made? Robert Salesses: Senator, I think that's that's an issue. 1:37:13 Sen. Maggie Hassann (NH): Looking back now, what might have made a difference in being able to move against some of those individuals sooner? Jill Sanborn: Yeah, I think that's great question. I think it's twofold. So it's the complexity of trying to gather the right intelligence that helps us predict indicators and warnings. And I spoke earlier about while there's a volume out there of rhetoric, trying to figure out that intent is very challenging for us in the intel community because it happens on private comms and encryption. So that's one aspect. And then the other aspect is of the people that we were investigating. So predicated investigations, we don't necessarily have the ability to mitigate the threat they might pose by travel if we don't have a charge. And so I think you're tracking that we were aware of some of our subjects that intended to come here. We took over action by going and talking them and trying to get them to not come and that worked in the majority of our already predicated cases. 1:49:46 To review the timeline at 1:49 Chief Sund contacted you. At 2:15 the capital was breached. I think in your testimony you said you had available 340 DC National Guard troops Is that correct? Major General William Walker: Sir, it was actually half of that. So, so half were on the streets helping the Metropolitan Police Department. The other half would have came in to relieve them, but we would have called them in to come in. 1:50:33 Sen. Ron Johnson (WI): How quickly could have you gotten? How many people to the Capitol? Major General William Walker: 20 minutes? Sen. Ron Johnson (WI): How many people? Major General William Walker: 150 1:56:47 Jill Sanborn: We're seeing people that got caught up in the moment got caught up in the sort of the energy etc. and made their way into the captain on those are probably the ones that you're seeing the charges simply of trespassing and then we're definitely seeing that portion that you're pointing out which is small groups and cells now being charged with conspiracy that coalesced either on site or even days or weeks prior and had sort of an intent that day and they to probably caught people up in the energy. PART 2 23:00 Jill Sanborn: The piece of information we received, again, was a non attributable posting to a message board. And so very raw, very unvetted, we actually didn't receive that information until late, very late in the afternoon on the fifth and almost into the evening. And because of our emphasis on we need any intelligence, even though it was raw and attributed, and unvetted, the Norfolk office quickly wrote that up specifically in a document following our processes to disseminate that. So a situation information report is for the intentional purpose of sharing that with state and local partners. Not only did they write that up, because they knew how important that was to get that information out into the hands of folks that might need it, our state and local partners, within 40 minutes, they sent an email to the Washington field office with that information and Washington Field Office also then followed up with an email to all Task Force officers. And so several different mechanisms were happened here. And you know, we'd like to use the phrase 'belt and suspenders' we didn't want to make sure that one method of communication failed. So we wrote it up in the document for dissemination. We sent it in an email to all taskforce officers in the National Capitol Region, and that does include Washington Metro as well as Capitol. But again, not wanting to rely on those two mechanisms only it was then briefed verbally in a command post and interagency command post that we were doing briefings every couple of hours, though, that every agency in that command post have what we call a common operating picture. Knowing what all of us knew at any given time, it was briefed at 8pm on the evening of the fifth, and then taking it one step further, because we didn't want to limit our aperture to just the National Capital Region, because there's collection opportunity out there for all state and local partners and federal partners to help us, we loaded that suspicious information report into what we call the Leap Portal. And that is accessible by all state and local partners. So we really tried in various ways to make sure that we did not rely on one communication mechanism and really tried to rely on several so that the information would get to the right people. 34:46 Sen. Rand Paul (KY): We can talk all we want about January sixth, but really it's the decision making leading up to that. Someone made a bad judgment call and we need to be better prepared. If we're gonna fix this in the future, it isn't about calling the National Guard out quicker. It's about having 1000 people standing there before the riot happens to the riot doesn't happen. Hearing: U.S. Capitol Police and House Sergeant at Arms, Security Failures on January 6, House Committee on Appropriations: Subcommittee on Legislative Branch, February 25, 2021Witnesses:
Transcript:09:11 ** Rep. Jaime Herrera Beutler (CA):** The United States Capitol Police Force is not meant to be an army, expecting 1600 officers to hold back an unruly mob of eight to 10,000 people, many of whom were armed and had their own homemade explosive devices or had came with or weaponized, everyday items. It's not a position we should ever have to be in. 20:51 Yogananda D. Pittman: There's evidence that some of those who stormed the Capitol were organized. But there's also evidence that a large number were everyday Americans who took on a mob mentality because they were angry and desperate. It is the conduct of this latter group that the department was not prepared for. Hearing: Dollars Against Democracy: Domestic Terrorist Financing in the Aftermath of Insurrection, Committee on Financial Services, February 25, 2021Witnesses
Transcript:03:28 Rep. Jim Himes (CT): In the wake of the attacks of September 11th, we recast the entire federal government and worked feverishly to defund terrorist streams. To effectively disrupt domestic extremist groups, we need to better understand their financing. 03:54 Rep. Jim Himes (CT): Unlike ISIS, for example, these organizations are not pyramid shaped where funding comes from a handful of easily disruptable areas. An online fundraising drive for a legitimate charity, and one that helps support an extremist group can look very similar. 04:57 Rep. Jim Himes (CT): We need to conscientiously be mindful of the civil liberties concerns at play here. Unlike international extremist groups, law enforcement is constrained by the Constitution when dealing with domestic extremists, balancing the desire to give law enforcement the tools necessary to disrupt these groups with the need to respect the rights of all Americans and the Constitution to which we have all pledged an oath is essential. 05:36 Rep. Jim Himes (CT): While we all live through a brutal event on January 6th, undertaken by right wing extremists, no location on the political spectrum has a monopoly on extremism or violence. 10:08 Rep. Maxine Waters (CA): We're here against the backdrop of the January 6th insurrection. A deplorable yet predictable display of white supremacists such as the Proud Boys, the oathkeepers QAnon and others and nationalist violence incited by President Trump against the members of this body and against democracy itself. 12:51 Iman Boukadoum: Last month violent insurrection heavily fueled by white supremacy and white nationalism shocked the world. 13:52 Iman Boukadoum: We know, however, that even well intentioned national security laws are invariably weaponized against black, brown and Muslim communities. And that white nationalist violence is not prioritized making that policy failure the fundamental reason for what transpired on January 6th, not lack of legal authority. For this reason we oppose any legislation that would create new charges for domestic terrorism or any enhanced or additional criminal penalties. The federal government, including the Treasury Department, has many tools at its disposal to investigate. And also the FBI and DOJ have 50 statutes, at least 50 statutes and over a dozen criminal statutes, 50 terrorism related statutes, excuse me and over a dozen criminal statutes that they can use. They just need to use them to target white nationalist violence. 19:33 Lecia Brooks: Today, some white nationalist groups and personalities are raising funds through the distribution of propaganda itself. In November SPLC researchers reported that dozens of extremist groups were earning 1000s of dollars per month on a popular live streaming platform called D-Live. 20:21 Lecia Brooks: Crowdfunding is also being exploited by hate groups to earn money in this new decentralized landscape. Crowdfunding sites played a critical role in the capital insurrection, providing monetary support that allowed people to travel to Washington DC. They've also played a crucial role in raising hundreds of 1000s of dollars in legal fees for extremists. 20:43 Lecia Brooks: The violent insurrection at the US Capitol on January 6 should serve as a wake up call for Congress, the Biden administration, Internet companies, law enforcement and public officials at every level. 23:11 Daniel Glaser: Thank you for the opportunity to appear before you today to talk about how the US government can employ similar tools and strategies against white nationalists and other domestic terrorist groups as it has employed against global jihadist groups over the past two decades. 23:33 Daniel Glaser: During my time at the Treasury Department, I fought to cut off funding to terrorist groups such as Al Qaeda, the Islamic State and Hezbollah, as a Deputy Assistant Secretary in the Bush Administration, and eventually as the Assistant Secretary for Terrorist Financing in the Obama Administration. My primary responsibility was to lead the design and implementation of strategies to attack the financial networks of these groups and other threats to our country's national security. And while we should never let down our guard with respect to those still potent terrorist organizations, it has become tragically clear that there are domestic extremist groups that in some ways present an even greater threat to our ideals and our democracy. We have the responsibility to target those groups with the same determination, creativity and sense of purpose that we displayed in the years following 9/11. 27:42 Daniel Glaser: Potential measures in Treasury's toolbox include the issuance of guidance to financial institutions on financial type policies, methodologies and red flags, the establishment of public private partnerships the use of information sharing authorities and the use of geographic targeting orders. Taken together these measures will strengthen the ability of financial institutions to identify, report and impede the financial activity of domestic extremist groups and will ensure that the US financial system is a hostile environment for these groups. 30:10 Daniel Rogers: These groups leverage the Internet as a primary means of disseminating their toxic ideologies and soliciting funds. One only needs to search Amazon or Etsy for the term q anon to uncover shirts, hats, mugs, books and other paraphernalia that both monetize and further popular popularized the domestic violent extremist threat. Images from that fateful day last month are rife with sweatshirts that say, Camp outfits that until recently were for sale on websites like Teespring and cafe press. As we speak at least 24 individuals indicted for their role in the January 6 insurrection, including eight members of the proud boys have used crowdfunding site gifts and go to raise nearly a quarter million dollars in donations. And it's not just about the money. This merchandise acts as a sort of team jersey that helps these groups recruit new members and form further hatred towards their targets. We analyze the digital footprints of 73 groups across 60 websites, and 225 social media accounts and their use of 54 different online fundraising mechanisms, including 47 payment platforms and five different cryptocurrencies, ultimately finding 191 instances of hate groups using online fundraising services to support their activities. The funding mechanisms including included both primary platforms like Amazon, intermediary platforms, such as Stripe or Shopify crowdfunding sites like GoFundMe, payments facilitators like PayPal, monetized content streaming services, such as YouTube, super chats, and cryptocurrencies, such as Bitcoin. All of these payment mechanisms were linked to websites or social media accounts on Facebook, Instagram, YouTube, telegram, LinkedIn, Pinterest, gab, picshoot and others. The sheer number of companies I just mentioned, is the first clue to the scale and the scope of the problem. 31:40 Daniel Rogers: We also found that a large fraction of the groups we studied have a tax exempt status with the IRS, a full 100% of anti muslim groups. 75% of anti-immigrant groups, and 70% of anti LGBTQ groups have 501-C-3 or 501-C-4 status. Over 1/3 of the militia groups that we identified, including the oathkeepers, whose leadership was recently indicted on charges related to January 6, have tax exempt status. This status gives them access to a whole spectrum of charity fundraising tools, from Facebook donations to amazon smile, to the point where most of the most common fundraising platform we identified across all of our data was Charity Navigator. 32:30 Daniel Glaser: I think it's important to remember that if you want to be able to use a cryptocurrency in the real economy, to any scale, it at some point doesn't need to be converted into actual fiat currency into dollars. That's the place where the Treasury Department does regulate cryptocurrencies. 42:10 Daniel Glaser: Cryptocurrency exchanges are regarded as money service businesses. They have full customer due diligence requirements. They have full money laundering program requirements, they have reporting requirements. The US Treasury Department just last month, issued a proposed rule relating to unhosted wallets of cryptocurrencies. And that's out for notice and comment. Right now. It addresses the particular issue of, of wallets that are not hosted on a particular exchange. And I think it's an important rule that's out there and I do encourage people to take a look at it, the comment period closes in May, and then hopefully, Treasury will be able to take regulatory action to close that particular vulnerability. 42:46 Rep. Jim Himes (CT): Mr. Glaser, you you, though suggested something new that I'd like to give you a maybe 30 seconds, 42 seconds I have left to elaborate on you said you were taught you were hopeful for sanctions like authorities against domestic actors. You did not to constitutional civil liberties concerns. But give us another 30 seconds on exactly what you mean. And perhaps most importantly, what sort of fourth amendment overlay should accompany such authority? Daniel Glaser: Well, thank you, thank you for the question. The fact is, the Treasury Department really does not have a lot of authority to go after purely domestic groups in the way that it goes after global terrorist organizations that simply doesn't have that authority. You could imagine an authority that does allow for the designation of domestic organizations, it would have to take into account that, the constitutional restrictions. When you look when you read the a lot of the court decisions, there's concerns could be addressed in the statute, there's concerns. A lot of the scrutiny is heightened because sanctions are usually accompanied with acid freezes. But you could imagine sanctions that don't involve asset freezes that involve transaction bounds that involve regulatory type of requirements that you see in Section 311 of the Patriot Act. So there's a variety of ways that both the due process standards could be raised from what we see in the global context. 44:37 Daniel Rogers: The days leading up to the insurrection, the oathkeepers founder Stuart Rhodes appeared on a podcast and solicited charitable donations to the oathkeepers Educational Fund. It can only be presumed that these funds which listeners were notably able to deduct from their federal taxes, went to transporting and lodging members of the group slated to participate in the ensuing riots. 46:06 Rep. French Hill (AZ): Daveed Gertenstein-Ross: In looking at the draft legislation that the majority noticed with this hearing, one bill stuck out to me and I think it's a good follow up for your from your most recent exchange. It seeks to amend title 31 to require the Secretary of the Treasury to establish a program to allow designated employees of financial institutions to access classified information related to terrorism, sedition, and insurrection. Now, over the past three congresses, we've talked about the concept of a fusion center, not unlike we do in monitoring cyber risk and cyber crimes for this terror finance arena. We've never been able to come ashore on it legislatively. So I found that interesting. However, I'm concerned that when you deputize bank employees without any oversight, as to how the information would be protected or if there's really even a need for that. 46:53 Rep. French Hill (AZ): Could you describe how banks share information with law enforcement today and how they provide feedback on how we might change these protocols or if they're if that protocol change is necessary. Daveed Gertenstein-Ross: Thank you ranking member, there are four primary ways that banks share information now. The first is suspicious activity reports or the SAR. Financial institutions have to file these documents with the Financial Crimes Enforcement Network or FinCEN. When there's a suspected case of money laundering or fraud, the star is designed to monitor activity and finance related industries that are out of the ordinary are a precursor to illegal activity, or can threaten public safety. Second, there's law enforcement's 314 a power under the Patriot Act, in which obtains potential lead information from financial institutions via fincen. Third, law enforcement can use its subpoena power, if a court issues a subpoena pursuant to an investigation, or to an administrative proceeding and forth where there are blocked assets pursuant to OFAC authorities, sanctions or otherwise, banks are required to report block assets back to OFAC. The information sharing in my view is currently quite effective. Treasury in particular has a very strong relationship with the US financial institutions. 48:24 Rep. French Hill (AZ): On 314 in the Patriot Act, is that a place where we could, in a protected appropriate way make a change that relates to this domestic issue? Or is that, in your view, too challenging? Daveed Gertenstein-Ross: No, I think it's a place where you could definitely make a change. The 314-A process allows an investigator to canvass financial institutions for potential lead information that might otherwise never be uncovered. It's designed to allow disparate pieces of information to be identified, centralized and evaluated. So when law enforcement submits a request to Finicen, to get information from financial institutions, it has to submit a written certification that each individual or entity about which the information is sought is engaged in or reasonably suspected of engaging in terrorist activity or money laundering. I think that in some cases 314-A, may already be usable, but I think it's worth looking at the 314-A process to see if in this particular context, when you're looking at domestic violent extremism, as opposed to foreign terrorist organizations, there are some tweaks that would provide ability to get leads in this manner. 1:15:15 Iman Boukadoum: What we submit is that the material support for terrorism statute, as we know, there are two of them. There's one with an international Nexus that is required. And there's one that allows for investigating material support for terrorism, domestic terrorism, in particular, as defined in the patriot act with underlying statutes that allows for any crimes that take place within the United States that have no international nexus. And we believe that that second piece of material support for terrorism statute has been neglected and can be nicely used with the domestic terrorism definition as laid out in the Patriot Act. And we hope that statutory framework will be used to actually go after violent white nationalists and others. 1:50:25 Daniel Rogers: I think there are a number of regulatory fronts that all kind of go to the general problem of disinformation as a whole. And I don't know that we have the time to get into all of them here, but I think they, they certainly fall into three three big categories, with the one most relevant to today's discussion being this idea of platform government and platform liability, that, you know, our data is showing how what a key role, these sorts of platforms play in facilitating the activities of these groups. And the fact that the liability is so nebulous or non existent through things like Section 230 and whatnot, which what we found is that there's there's already policies in place against all of these hate and extremist groups, but they're just simply not enforced. And so updating that kind of platform liability to help drive enforcement I think is one of the key areas that that that we can focus on. Hearing: JANUARY 6 ATTACK ON THE CAPITOL, Committee on Homeland Security and Governmental Affairs and Committee on Rules and Administration, February 23, 2021Witnesses
Transcript:27:11 Captain Carneysha Mendoza: On January 6th, we anticipated an event similar to the million MAGA March that took place on November 14th, where we would likely face groups fighting among one another. 39:21 Robert Contee: MPD is prohibited by federal law from entering the Capitol or its grounds to patrol, make arrests or served warrants without the consent request of the Capitol Police board. 39:32 Robert Contee: The President of the United States not the Mayor of the District of Columbia controls the DC National Guard. 39:57 Robert Contee: Since Mayor Bowser declared a public health emergency last March, the district has not issued permits for any large gatherings. Although the district and MPD take pride in facilitating the exercise of first amendment rights by all groups, regardless of their beliefs. None of the public gatherings on January 5th and sixth were issued permits by the city. 47:13 Steven Sund: The intelligence that we based our planning on indicated that the January six protests were expected to be similar to the previous MAGA rallies in 2020, which drew 10s of 1000s of participants. 55:33 Paul Irving: We began planning for the protests of January 6th in December 2020. The planning relied on what we understood to be credible intelligence provided by various state and federal agencies, including a special event assessment issued by the Capitol Police on January 3rd. The January 3rd assessment forecast at the pros tests were ‘expected to be similar to the previous million MAGA March rallies that had taken place in November and December 2020.’ Every Capitol Police daily intelligence report between January 4 and January 6, including on January 6th forecast the chance of civil disobedience or arrest during the protests as remote to improbable. 56:29 Paul Irving: The Chiefs plan took on an all hands on deck approach whereby every available sworn Capitol Police employee with police powers was assigned to work on January 6th. That meant approximately 1200 Capitol Police officers were on site, including civil disturbance units and other tactical teams. I also understood that 125 National Guard troops were on notice to be standing by for a quick response. The Metropolitan Police Department was also on 12 hour shifts, with no officers on day off or leave. And they staged officers just north of the Capitol to provide immediate assistance if required. The plan was brief to multiple law enforcement partners. Based on the intelligence we all believed that the plan met the threat. 1:00:57 Steven Sund: I actually just in the last 24 hours, was informed by the department that they actually had received that report. It was received by what we call, it's one of our sworn members that's assigned to the Joint Terrorism Task Force, which is a task force with the FBI. They received it the evening of the fifth, reviewed it and then forwarded over to an official at the Intelligence Division over at the US Capitol Police Headquarters. Sen. Amy Klobuchar (MN): And so you hadn't seen it yourself? Steven Sund: No, ma'am. It did not go any further than that. Sen. Amy Klobuchar (MN): Okay. And then was it sent to the House and Senate Sergeant in Arms? I don't believe that went any farther than from over to the sergeant at the intelligence. Sen. Amy Klobuchar (MN): And Mr. Irving. Mr. Stanger, Do you did you get that report beforehand? Mr. Stanger, Did you get the report? Michael Stenger: No. Sen. Amy Klobuchar (MN): Okay, Mr. Irving? Paul Irving: I did not Sen. Amy Klobuchar (MN): Okay. 1:05:36 Sen. Klobuchar: Mr. Sund, you stated in your written testimony that you first made a request for the Capitol Police board to declare an emergency and authorized National Guard support on Monday January 4th, and that request was not granted. Steven Sund: That is correct, ma'am. 1:05:47 Sen. Klobuchar: Your testimony makes clear that the current structure of the Capitol Police corps resulted in delays in bringing in assistance from the National Guard. Would you agree with that? That's one of the things we want to look at. Steven Sund: Yes, ma'am. 1:06:02 Sen. Klobuchar: Do you think that changes are needed to make clear that the Capitol Police Chief has the authority to call in the National Guard? Steven Sund: I certainly do. I think in an exigent circumstances, there needs to be a streamlined process for the Capitol Chief of Police for the Capitol Police to have authority. 1:07:23 Sen. Klobuchar: Mr. Sund your written testimony states that you had no authority to request the assistance of the National Guard without an emergency declaration of the Capitol Police board. And what rule regulation or authority Did you base that view? Steven Sund: I'd have to go back and look the specific rule, but it's a standard. It's a standing rule that we have. I cannot request the National Guard without a declaration of emergency from the Capitol Police board. It's kind of interesting because it's very similar to the fact you know, I can't even give my men and women cold water on an excessively hot day without a declaration of emergency. It's just a process that's in place. 1:11:32 Steven Sund: I think that information would have been helpful to be aware of, again, looking at the information for the first time yesterday, it is strictly raw data it’s raw intelligence information that has come in seeing on a social media post lots of people, postings on social media that needs to be corroborated and confirmed. So again, it's coming in as raw data. So please keep that in mind. But, you know, I agree. That's something we need to look at what's the process and how do we streamline that information getting it to where it needs to go? 1:19:09 Robert Contee: Just after some time after two o'clock RPM, I had left the West front of the Capitol after initially being at the scene, assessing what was going on, or looking at just how violent...looking at the violent actions that were taking place. Shortly thereafter, there was a phone call that was convened between several officials. Chief Sund was on the call, literally pleading for there were several army officials that were on the call, I don't know all by name, who on the call, several officials from district government that wanted to say was Chief Sund was pleading for the deployment of the National Guard in response to that there was not an immediate ‘Yes, all the National Guard is responding. Yes, the National Guard is on the way. Yes, the National Guard are being restage from traffic posts to respond.’ The response was more asking about the plan, that, what was the plan for the National Guard, that response was more focused on, in addition to the plan, of the optics, how this looks with boots on the ground on the on the Capitol, and my response to that was simply I was just stunned. I have officers that were out there literally fighting for their lives. And, we're kind of going through, what seemed like an exercise to really check the boxes. And there was not an immediate response...when I asked specifically, Steve Sund, Chief Sund requested in the National Guard. And was that request being denied? The response was no, we're not, that from the US Department of the Army was no, we're not denying the request. But they were concerned, they did have concerns. So I was just again, just stunned at that response. 1:25:25 Paul Irving: Chief Sund called me to tell me that he had received an offer from the National Guard to provide us 125 unarmed troops to work with traffic control in the perimeter of the Capitol. Shortly after that discussion, I said let's include Sergeant in Arms, Stanger, as chair of the board and another senior official with quite a bit of experience. The three of us talked it through. And during that call, the number one question on the table was did the intelligence support, did the intelligence support that additional offer for those 125 troops? Sen. Roy Blunt (MO): And did you discuss this with anybody except Sergeant in Arms Stanger and Chief Sund? Paul Irving: No, it was just this one phone call. And during that call, we all agreed that the intelligence did not support the troops and collectively decided to let it go. Michael Stanger then said how about we put them on standby just in case and that's what we ended up doing. 1:32:09 Sen. Rob Portman (OH): But what about preparedness? We've received information that prior to January six Capitol Police officers were not trained on how to respond to an infiltration of the Capitol Building. Is that correct? Mr. Sund? Steven Sund: When you talk about infiltration, you talk about a large insurrection like we saw on January 6th, no. 1:43:26 Steven Sund: It was very similar to the intelligence assessments that we had for the November and December MAGA marches, the intelligence assessments that we had developed for the January 6 event all the way up until January 6, we're all saying very much the same thing. And that's what we had planned for. We had planned for the possibility of violence, the possibility of some people being armed, not the possibility of a coordinated military style attack involving 1000s against the Capitol. 2:09:34 Sen. James Lankford (OK): You'd set in this you've talked several times about 1000s of well coordinated well equipped violent criminals and described them with climbing gear and all the things that you've also testified here. You also mentioned this letter about the pipe bombs that were located, that the first would come at 1252 that a pipe bomb had been located the Republican National Committee headquarters. How was that located? Who found it? And why was that particular moment the moment that it was found? Steven Sund: I don't know why there was a particular moment that was found, I believe it was an employee of the Republican National Committee that had located in the rear of the building that had called it into Capitol Police Headquarters. Sen. James Lankford (OK): You had mentioned before that you thought this was part of the coordination that there were several that were out there that would take away resources at that exact moment. But there's no way to know that they would find it at that exact moment. I'm glad they did find it, they found another one at the democratic headquarters as well at 1:50. And you document that as well. But you had to send quite a few individuals to be able to go to the RNC and the DNC to be able to go deal with those explosives that we're planted there. Is that correct? Steven Sund: That is correct. And just for your information, the RNC pipe bomb, that was one that was really run by Capitol Police, the DNC Metropolitan ended up taking that and running that so we can run two concurrently that resulted in the evacuation of two congressional buildings, the Cannon House Office building as well as one of the Library of Congress buildings, so it took extensive resources. Sen. James Lankford (OK): So the assaults in the Capitol is not what caused the evacuation of those buildings. The discovery of those pipe bombs is what caused the evacuation those buildings.Steven Sund: that is correct, sir. 2:18:33 Robert Contee: Yeah, so the Mayor does not have full authority over the National Guard to include their activation or deployment. When the mayor, we make a request as the District of Columbia, we make a request, we send that to the federal government. Ultimately, the Secretary of the Army oversees that request, there's a whole approval process that that request has to go through in order for National Guard resources to be deployed to the District of Columbia. Unlike governors and other states who are able to activate their national guard without going through those approval processes and receiving approval from the highest level of the federal government. We just, that just does not have to take place in other states. So a real hindrance to us in terms of response and the ability to call them up. 2:33:07 Sen. Jeff Merkley (OR): On January 5th, the FBI issued a report through the Joint Terrorism Task Force, which includes going to the US Capitol Police. And that report noted that on the far right media the threats included things, such as the comments such as ‘be ready to fight, Congress needs to hear glass breaking, doors being kicked in, blood from their BLM and Antifa-slave-soldiers being spilled. Get violent, stop calling this a march or rally or protest. Go there ready for war. We get our president or we die. Nothing else will achieve this goal.’ 2:39:22 Sen. Jeff Merkley (OR): Have you ever held a drill to respond this situation where a crowd pushes past the exterior barricades? Steven Sund: Not this level of situation no, sir. Sen. Jeff Merkley (OR): To what level Have you had such drills? Steven Sund: We've done various exercises with people, activities on the grounds during civil disobedience training, how to handle riotous groups. Sen. Jeff Merkley (OR): Okay. Thank you. Hearing: Examining the Domestic Terrorism Threat in the Wake of the Attack on the U.S. Capitol, House Committee on Homeland Security, February 4, 2021Witnesses
Transcript:15:04 Christopher Rodriguez: I'm here today to discuss the January 6th attack that led to the insurrection at the US Capitol, which based upon my experience was clearly an act of domestic terrorism. 18:31 Christopher Rodriguez: Mayor Bowser has already suggested one common sense proposal, and that is to transfer control of the DC National Guard to the mayor of the District of Columbia, which would allow for swifter operational decisions during an evolving incident. As we saw on January 6th, under federal control, the guard is not as nimble and responsive as it could be. 21:34 Christopher Rodriguez: The threats we now face are arguably as dangerous as they were in the post 9/11 environment. These threats are not going away. 24:43 Elizabeth Neumann: Extremist ideas have been mainstreamed and normalized through political speech, conspiracy theories and communications that use humor and means to mask the danger of those ideas present. Consequently, there is a high likelihood of violence in the coming months on a range of softer targets associated with their perception of the deep state, including infrastructure, mainstream media, law enforcement, big tech and elected officials. 24:59 Elizabeth Neumann: There are many other complicating factors I can't go into at this moment, but sadly I do believe that we will be fighting domestic terrorism that has its roots and inspiration points from January sixth for the next 10 to 20 years. 25:34 Elizabeth Neumann: I urge that at a minimum, we change our laws to ensure equal justice treating threats from ideologies that originated overseas and within the United States the same. 37:00 Brian Jenkins: What many mean by a new domestic terrorism statute is a domestic version of the Material Support Provision of the Patriot Act which criminalizes providing material support to a designated foreign terrorist organization. Now, that requires designating domestic terrorist groups and there's a problem. There are hundreds of extremist groups on both ends of the political spectrum, along with other issue oriented groups that conceivably might be labeled terrorist organizations. Battle lines will be drawn and as each party proposes its preferred list. The contentious debate could distract us from the problem, and it could end badly. My advice is to avoid the terrorism as much as possible, and base prosecutions on existing criminal offenses putting aside the political pretensions of the perpetrators. 1:30:00 Rep. Michael McCaul (TX): I think that what happened on January 6th, when you look at the USA PATRIOT Act, they actually defined domestic terrorism and international, but they never included charges or penalties for domestic terrorism. They only did it for international. I think it was because in 2001, they're more focused on foreign terrorists like Al Qaeda, those responsible for 9/11. But the definition says that ‘activities could involve dangerous acts to human life that are a violation of the criminal laws, the United States, or any state that appeared to be intended to influence the policy that would get around buying work origin will affect the conduct of a government by mass destruction.’ I think the capital attack seems to fit squarely within that definition. 1:46:00 Brian Jenkins: The problem is that the, clearly the defenders of the Capitol were badly outnumbered. That was simply the, I think it is that issue. Now our commission can investigate this further, but just having a greater number of people on the exterior, as well as and I think this is one thing that we that I don't see in response is that there should have been inner perimeters as well. In other words, the presumption that what if they break through that outer line, what if they break through the doors, now we're dealing with them inside? Do we have prepared security within the Capitol building as opposed to around the Capitol building that will protect the officials and their staffs that are threatened by this action? 2:01:06 Rep. Yvette Clark (NY): We cannot parse words. This was an act of domestic terrorism, an attack on our citadel of democracy. 2:13:35 Elizabeth Neumann: There were a lot of conversations or media reports that people had been booted off of planes, because they were quote unquote on the No Fly List, I believe that was misunderstood airlines have the ability to make decisions about who they allow on their planes for certain reasons and and if, if they had been no fly listed, they wouldn't have been allowed into the secure area. Past TSA screening. So most likely you're, those circumstances probably are a little different, as opposed to saying that people had already been no fly listed. 2:17:21 **Elizabeth Neumann:* It just makes no sense to me that there were so few, such a low law enforcement presence at the Capitol that there wasn't a stronger perimeter security that those law enforcement officers present didn't have right here. They're just basic things that we have learned over the last 20 years that a strong deterrence often avoids violence and that was not present on January 6. So somewhere somebody made a bad judgment call. 3:14:08 Jonathan Greenblatt: Indeed, why do people believe this kind of insanity and this lunacy that there are pedophilia? Satan worshipping Democrats, you know, in the basements of police parlors, eating children for God's sakes. In part it is because the algorithms that animate the social media platforms invisibly to the user route information to them. So once you click on a certain kind of story, it is often reinforced. And any of us can see this today, if we have a normal internet browser like Chrome or Firefox or whatnot, or Edge, and you look at a YouTube video, it will start to send you more videos, the kinds of what you just looked at. And so that algorithmic routing that happens to the user unknown shapes their worldview and creates what Eli Pariser calls, filter bubbles, and they're deeply dangerous when they are telling people that again, you have this conspiracy trying to hurt them. 3:21:40 Brian Jenkins: Some recent research not done by RAND, but done by the University of Chicago, looking at the people who were arrested for participation in the events on January 6th, based upon statements they made on their own Facebook accounts and so on, indicates that about 20% of them were actually members of extremist groups going in, that the remaining 80% felt they, were there because they felt the election had been stolen. 3:23:29 Brian Jenkins: Within that broader community, there are individuals who feel marginalized, people who have lost faith in our political systems. This is on both sides of the political spectrum. And we have to do in our zeal to go after the violent component is not accidentally brand as enemies of the state, a broader section of our population. Now, that is a continuing strategy. And that's one of the reasons actually, why I want so much of our efforts against the violent extremists to be done within the ordinary criminal code. Put aside the political pretensions, don't give them that. These are crimes, murder, assault, willful destruction of property, deal with it on that basis. Cover ArtDesign by Only Child Imaginations Music Presented in This EpisodeIntro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio) |
Jul 26, 2021 |
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CD235: The Safe Haven of Sanctions Evaders
01:19:57
Sanctions are weapons of economic war. In this episode, learn the troubling history of ever-expanding sanctions powers granted to the President designed to allow him to cut off people, companies, and governments from our financial system. You'll also hear fascinating testimony to Congress about how the targets of U.S. sanctions are getting around them. Their evasion techniques are probably not what you think. Please Support Congressional Dish – Quick Links
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Sound Clip SourcesSpeeches & Remarks: Remarks by President Biden in Press Conference, White House Briefing Room, June 16, 2021Transcript:12:10 President Joe Biden: How would it be if the United States were viewed by the rest of the world as interfering with the elections directly of other countries, and everybody knew it? What would it be like if we engaged in activities that he is engaged in? It diminishes the standing of a country that is desperately trying to make sure it maintains its standing as a major world power. President Joe Biden: And, by the way, we talked about trade. I don’t have any problem with doing business with Russia, as long as they do it based upon international norms. It’s in our interest to see the Russian people do well economically. I don’t have a problem with that. But if they do not act according to international norms, then guess what? That will not — that only won’t it happen with us, it will not happen with other nations." Hearing: Schemes and Subversion: How Bad Actors and Foreign Governments Undermine and Evade Sanctions Regimes, House Committee on Financial Services: Subcommittee on National Security, International Development and Monetary Policy, June 16, 2021Witnesses
Transcript:07:13 Rep. Jim Himes (CT): Sanctions are an important instrument in foreign policy designed to be both a carrot and a stick in persuading an entity, an individual, a group or a country to change its behavior. A step beyond traditional diplomacy. It also avoids the downsides of kinetic action. We've seen the success of our sanctions regimes in bringing the Iranians to the table and isolating human rights violators through the Global Magnitsky Act amongst others. Our sanctions programs can only be as impactful as they are effective. When designated entities evade our sanctions, we lose an important tool from our diplomatic toolbox, increasing the likelihood that military action would be necessary to maintain international order. 08:09 Rep. Jim Himes (CT): This committee has worked to address some of these issues through the passage of the Corporate Transparency Act authored by Chairwoman Carolyn Maloney and the Anti Money Laundering Act sponsored by Chairman Emanuel Cleaver as part of the 2021 National Defense Authorization Act. These bills give law enforcement the resources and authority to better track money launderers, including sanction evaders, and their success will depend in large part on this body adequately funding their implementation. 11:20 Rep. Andy Barr (KY): The US employs a robust sanctions program to deny adversaries the funding, logistics and resources to conduct illicit behavior or to compel them to change misguided behaviors. 12:14 Rep. Andy Barr (KY): The US maintains four major sanctions programs against Iran, North Korea, Russia and Venezuela. These sanctions are a result of actions by those nations that are in direct conflict with US national security and global economic stability. 17:09 Dr. Jeffrey Taliaferro: The primary aim of sanctions whether unilateral or multilateral, whether comprehensive or targeted, is to induce a change in the cost benefit calculations of the target and thus a change in the targets behavior. 18:13 Dr. Jeffrey Taliaferro: Having won the Cold War and pushed the crumbling Soviet Union out of the ranks of the great powers, the United States emerged as the unit pole, the only great power left standing in 1990 and 1991. And for better or worse for two decades, weak systemic that has international constraints and the availability of opportunities to further improve its strategic position before the United States wide latitude in the definition and in the pursuit of its foreign policy, and national security objectives. This extreme imbalance of international power, however, had several consequences which are relevant to the subject of today's subcommittee hearing. First, the United States impose sanctions and even waged wars against recalcitrant states such as Iraq, Syria, Libya, and Afghanistan and non state actors such as Al Qaeda and later the Islamic State with relative impunity. And even when confronting state adversaries against whom the use of kinetic force would have been prohibitively costly, such as North Korea and Iran, the imposition of sanctions became a preferred tool of statecraft for successive administrations and Congresses second US military command of the comments along with American Economic and Technological dominance gave various state and non state actors and incentive to pursue asymmetric strategies, for example, the clandestine employment of cyber criminal organizations and individual hackers by the foreign intelligence services of Russia, China, North Korea and other states. Third, this uni polar distribution of power gave targeted states and other disadvantaged actors and incentive to collaborate with one another to evade or subvert US sanctions. And finally, as the Biden administration's interim national security, strategic guidance acknowledges the distribution of power across the world is changing, creating new threats. 20:13 Dr. Jeffrey Taliaferro: The United States now faces two great power adversaries a rising China and a declining and revanchist Russia, along with two regional power adversaries, Iran and North Korea. All four including their irrespective and their respective clients and allies will seek to evade sanctions. 20:38 Dr. Jeffrey Taliaferro: Might behoove policymakers to perhaps lower their expectations about what coercive economic diplomacy alone can achieve. 25:39 Ivan Garces: We can benefit from increased cooperation between public and private sectors such as is contemplated with the proposed OFAC exchange and the Combating Illicit Finance Public Private Partnership Act, legislation noted for this hearing. Government should be in a position to be able to take, analyze and interpret information we see not only from financial institutions, but other industry stakeholders and connect the dots identifying trends and relationships across the financial system. 26:46 Lakshmi Kumar: US sanctions regime is expansive and currently includes more than 30 different sanctions programs. 27:00 Lakshmi Kumar: Despite the ever increasing reach of sanctions, with evidence showing that the number of sanction vessels imports rather than annual rate of 6%. oil exports by Iran and Venezuela and oil imports by North Korea keep increasing every year. 27:56 Lakshmi Kumar: It is unsurprising that a leading mechanism to evade sanctions involves the use of TBML techniques, I've learned after a year of the pandemic. TBML or trade based money laundering is the process of disguising the proceeds of crime and moving value to trade transactions. It includes tech in techniques like falsifying the origins of a commodity of good over invoicing under invoicing and Phantom invoicing where no goods really move for just money. 28:14 Lakshmi Kumar: TBML was particularly challenging because there are no international standards, even at the level of a financial Task Force and little regulation internationally. It is therefore the perfect ally for sanctions evaders. 28:35 Lakshmi Kumar: The Iranian government was able to pocket $100 billion by falsifying trade records. 28:42 Lakshmi Kumar: Similarly, the Venezuelan Government to get around US sanctions on its gold sector has flown its gold all over the world changing its origins. So the gold is now supposed to be from the Caribbean, from Colombia from Uganda from Dubai, barely anywhere but Venezuela. 29:08 Lakshmi Kumar: Erasing its history in this way means that the US has no way of knowing whether the gold it imports is the same goal that it is seeking to sanction. Sanctioned entities continues to look at the US as a safe haven to get around sanctions. 29:35 Lakshmi Kumar: Professionals that have helped Iran and North Korea evade sanctions invested their lucrative commissions in real estate through the EB five investor program and invest in commercial real estate and buying real estate in states like Alaska. Both commercial real estate in many of the jurisdictions where these investments take place are not part of the geographic targeting orders for real estate. Similarly, vehicles like private equity, hedge funds, venture capital funds that are exempt from carrying out customer due diligence obligations are also involved in sanctions evasion schemes. A recent FBI leak showed that London and New York hedge funds proposed using a scheme to sell prohibited items from sanctioned countries to the US. 30:12 Lakshmi Kumar: Finally, sanctions evasion does not just exploit the gaps in regulation. It exploits the lack of resources that enforcement agencies need to protect. The FinCEN files one problematic, revealed two different sanctions evasion schemes tied to Russia and Syria. It will file their source for financial institutions, but did not necessarily receive the treatment they should have given the resource constraints of the agency. The way forward therefore, is to prompt addressing regulatory gaps but also providing the requisite support to enforcement supervision and oversight agencies. 34:27 Jesse Spiro: Through blockchain analysis, we can confirm that adversarial nations terrorist organizations, malicious enabled cyber actors and transnational criminal organizations under US sanctions have used cryptocurrency in an attempt to weaken the impact or fully circumvent sanctions, just as they have done through traditional banks, trade based money laundering and cash. 40:10 Eric Lorber: The key to countering sanctions evasion is the ability to detect such activity. The Treasury Department's Office of Intelligence and Analysis along with other members of the intelligence community as well as FinCEN should be provided with the tools necessary to identify sanctions evasion. A legislative proposal under consideration by this can be the OFAC fusion center act could help achieve this. This legislation would create an interagency group designed to share data and allow for better detection and disruption of illicit networks, providing the private sector with the right tools. In recent years, Treasury has armed the private sector with information on sanctions, evasion tactics and red flags that can help companies spot such evasion through a series of advisories combined with clearly signaling to the private sector, their compliance obligations and pursuing aggressive enforcement actions against those who fail to comply. This additional information can help the private sector more effectively counter evasion. 43:33 Eric Lorber: The number of transactions which are elicit that use Bitcoin or blockchain technology is actually fairly low percentage wise it's in I believe, below 1% or somewhere around there. So it's fairly small. 49:40 Eric Lorber: There needs to be political pressure put on those who are supporting and continue to support North Korea. It's it's not a secret that for example, China has created at least a permissive environment for North Korean operators to to work in the country. That was detailed most recently, I believe in that in the UN DPRK panel of experts report from I believe is March 2021. As well as North Korea maintains a series of financial facilitators throughout the world, including in I believe in Russia and China and other jurisdictions that helps North Korea evade US and UN sanctions and these individuals need to be shut down, need to be targeted, and pressure to put on the governments that are hosting them to kick them out of the country. 51:35 Eric Lorber: That's something that we tried to do and I tried to do while we were at Treasury was that clarify very clear the sanctions targets if you change the behavior you're engaged in, these sanctions will be lifted. 1:04:29 Rep. Madeleine Dean (PA): Ms. Kumar, I'd like to start with you. In your testimony, I read with interest how you discussed the role that United States real estate, especially commercial real estate plays in sanction evasion regimes. You specifically mentioned the geographic targeting order GTO issued by FINcen, which I might note includes 12 metropolitan areas only to require us title insurance companies to identify natural persons behind shell companies used in all cash purchases of residential real estate. Given the limited Metropolitan list covered by GTO and the fact that commercial real estate is not covered, can you can you speak to both of those problems? Number one, the limited number of metropolitan areas my own suburban Philadelphia or Philadelphia count among them, and also the fact that it's residential, not commercial. Where does this fall short in terms of our regulating evasion? 1:05:42 Lakshmi Kumar: The sanctions program doesn't just target big actors like Iran, North Korea. The sanctions program also targets individuals involved in drug trafficking. And what we see is a lot of those individuals often to evade sanctions, including sort of former officials of the Venezuelan administration, all move or hide assets and move it into real estate and the US real estate market is a popular Avenue. Now, when we talk about commercial real estate, you're absolutely right. And that the sort of often cited example of the Iranians owning that massive skyscraper in New York was a purchase of commercial real estate, it continues to be unrecognized. The EB5 investor program is investments that ultimately go into commercial real estate. Now a lot of this is particularly complex because commercial real estate involves multiple investors, it is not as simple as a residential purchase by a homeowner. To that end, we have to what is necessary is to sort of rethink how we are going to apply the GTO. The title insurance agents may not be the most relevant actors, however, to sort of identify gatekeepers that do continue to play a critical role in sort of putting together these transactions because commercial real estate transaction always take place through legal structures, they are never in the names of an individual. So identifying actors like lawyers, who often play a critical role in this as sort of the the pressure point at which you can conduct due diligence to know who is behind these transactions is one way forward. You've also rightly said that it only covers 12 metropolitan areas, and a lot of the evasion schemes that we often see tied to individuals, but also generally more generally, the use of real estate, you often see an equal split between cases that occur in GTO areas versus cases that occur in non GTO areas. And I will say that we have a report forthcoming in the next month that will actually that shows evidence that when looks at a series of reported cases that actually shows that over the last five years, the number of cases that occur in non-GTO areas actually slightly significantly more than GTO areas. 1:43:57 Rep. Warren Davidson (OH): Currently the SDN list statistics as of yesterday the 15th we have 277 aircraft, 3668 entities, 4603 individuals and 406 vessels. 1:44:40 Eric Lorber: The end goal is is twofold one or one of two. It's either to prevent them from engaging in illicit activity, right? So you mentioned an aircraft prevent that aircraft from shuffling or sending illicit drugs to a destination. Or it's to get the targets to actually change their behavior. So to essentially impose restrictions on them, to get them to say, 'well, this is not worth it.' We are no longer going to engage in material support for terrorism. 1:51:12 Rep. Jake Auchincloss (MA): Blockchain offer you an advantage in authenticating your identity over a different type of currency. Jesse Spiro: No, I would actually posit the complete opposite Congressman, what I would say is that the only vulnerabilities that I would address in relation to KYC are the fact that people could circumvent them. But even if they were to, if they're engaged in illicit activity that can be seen in relation to illicit crypto activity. It is going to be very difficult for them to do anything within the ecosystem. 1:51:59 Rep. Jake Auchincloss (MA): If you are able to advise Congress to take any steps that would influence OFAC's measures, what would you advise that we do? Jesse Spiro: I would just imply to apply congressmen more resources to that agency specifically in relation to the risks associated with cryptocurrency and sanctions evasion, wherein they can produce more designations that include cryptocurrency wallets, because as identifiers for the private sector when they have access to that information, that is how they can potentially mitigate the illicit activity. And because of the activity with cryptocurrency, when a wallet is put on that designation list, any associated activity, or within a designation, excuse me, any associated activity and legacy activity in relation to that look back can also be visible. Hearing: Dollars Against Democracy: Domestic Terrorist Financing in the Aftermath of Insurrection, Committee on Financial Services: Subcommittee on National Security, International Development, and Monetary Policy, February 25, 2021Witnesses
Transcript:03:02 Rep. Jim Himes (CT): As we heard from Merrick Garland during his confirmation hearing earlier this week, the country faces a 'more dangerous period in the wake of January 6th, than we did after the Oklahoma City bombing,' the single deadliest act of domestic terrorism in American history. 03:28 Rep. Jim Himes (CT): In the wake of the attacks of September 11th, we recast the entire federal government and worked feverishly to defund terrorist streams. To effectively disrupt domestic extremist groups, we need to better understand their financing. 03:54 Rep. Jim Himes (CT): Unlike ISIS, for example, these organizations are not pyramid shaped where funding comes from a handful of easily disruptable areas. An online fundraising drive for a legitimate charity, and one that helps support an extremist group can look very similar. 04:57 Rep. Jim Himes (CT): We need to conscientiously be mindful of the civil liberties concerns at play here. Unlike international extremist groups, law enforcement is constrained by the Constitution when dealing with domestic extremists, balancing the desire to give law enforcement the tools necessary to disrupt these groups with the need to respect the rights of all Americans and the Constitution to which we have all pledged an oath is essential. 05:36 Rep. Jim Himes (CT): While we all live through a brutal event on January 6th, undertaken by right wing extremists, no location on the political spectrum has a monopoly on extremism or violence. 10:08 Rep. Maxine Waters (CA): We're here against the backdrop of the January 6th insurrection. A deplorable yet predictable display of white supremacists such as the Proud Boys, the oathkeepers QAnon and others and nationalist violence incited by President Trump against the members of this body and against democracy itself. 12:51 Iman Boukadoum: Last month violent insurrection heavily fueled by white supremacy and white nationalism shocked the world. 13:52 Iman Boukadoum: We know, however, that even well intentioned national security laws are invariably weaponized against black, brown and Muslim communities. And that white nationalist violence is not prioritized making that policy failure the fundamental reason for what transpired on January 6th, not lack of legal authority. For this reason we oppose any legislation that would create new charges for domestic terrorism or any enhanced or additional criminal penalties. The federal government, including the Treasury Department, has many tools at its disposal to investigate. And also the FBI and DOJ have 50 statutes, at least 50 statutes and over a dozen criminal statutes, 50 terrorism related statutes, excuse me and over a dozen criminal statutes that they can use. They just need to use them to target white nationalist violence. 19:33 Lecia Brooks: Today, some white nationalist groups and personalities are raising funds through the distribution of propaganda itself. In November SPLC researchers reported that dozens of extremist groups were earning 1000s of dollars per month on a popular live streaming platform called D-Live. 20:21 Lecia Brooks: Crowdfunding is also being exploited by hate groups to earn money in this new decentralized landscape. Crowdfunding sites played a critical role in the capital insurrection, providing monetary support that allowed people to travel to Washington DC. They've also played a crucial role in raising hundreds of 1000s of dollars in legal fees for extremists. 20:43 Lecia Brooks: The violent insurrection at the US Capitol on January 6 should serve as a wake up call for Congress, the Biden administration, Internet companies, law enforcement and public officials at every level. 23:11 Daniel Glaser: Thank you for the opportunity to appear before you today to talk about how the US government can employ similar tools and strategies against white nationalists and other domestic terrorist groups as it has employed against global jihadist groups over the past two decades. 23:33 Daniel Glaser: During my time at the Treasury Department, I fought to cut off funding to terrorist groups such as Al Qaeda, the Islamic State and Hezbollah, as a Deputy Assistant Secretary in the Bush Administration, and eventually as the Assistant Secretary for Terrorist Financing in the Obama Administration. My primary responsibility was to lead the design and implementation of strategies to attack the financial networks of these groups and other threats to our country's national security. And while we should never let down our guard with respect to those still potent terrorist organizations, it has become tragically clear that there are domestic extremist groups that in some ways present an even greater threat to our ideals and our democracy. We have the responsibility to target those groups with the same determination, creativity and sense of purpose that we displayed in the years following 9/11. 27:42 Daniel Glaser: Potential measures in Treasury's toolbox include the issuance of guidance to financial institutions on financial type policies, methodologies and red flags, the establishment of public private partnerships the use of information sharing authorities and the use of geographic targeting orders. Taken together these measures will strengthen the ability of financial institutions to identify, report and impede the financial activity of domestic extremist groups and will ensure that the US financial system is a hostile environment for these groups. 30:10 Daniel Rogers: These groups leverage the Internet as a primary means of disseminating their toxic ideologies and soliciting funds. One only needs to search Amazon or Etsy for the term q anon to uncover shirts, hats, mugs, books and other paraphernalia that both monetize and further popular popularized the domestic violent extremist threat. Images from that fateful day last month are rife with sweatshirts that say, Camp outfits that until recently were for sale on websites like Teespring and cafe press. As we speak at least 24 individuals indicted for their role in the January 6 insurrection, including eight members of the proud boys have used crowdfunding site gifts and go to raise nearly a quarter million dollars in donations. And it's not just about the money. This merchandise acts as a sort of team jersey that helps these groups recruit new members and form further hatred towards their targets. We analyze the digital footprints of 73 groups across 60 websites, and 225 social media accounts and their use of 54 different online fundraising mechanisms, including 47 payment platforms and five different cryptocurrencies, ultimately finding 191 instances of hate groups using online fundraising services to support their activities. The funding mechanisms including included both primary platforms like Amazon, intermediary platforms, such as Stripe or Shopify crowdfunding sites like GoFundMe, payments facilitators like PayPal, monetized content streaming services, such as YouTube, super chats, and cryptocurrencies, such as Bitcoin. All of these payment mechanisms were linked to websites or social media accounts on Facebook, Instagram, YouTube, telegram, LinkedIn, Pinterest, gab, picshoot and others. The sheer number of companies I just mentioned, is the first clue to the scale and the scope of the problem. 31:40 Daniel Rogers: We also found that a large fraction of the groups we studied have a tax exempt status with the IRS, a full 100% of anti muslim groups. 75% of anti-immigrant groups, and 70% of anti LGBTQ groups have 501-C-3 or 501-C-4 status. Over 1/3 of the militia groups that we identified, including the oathkeepers, whose leadership was recently indicted on charges related to January 6, have tax exempt status. This status gives them access to a whole spectrum of charity fundraising tools, from Facebook donations to amazon smile, to the point where most of the most common fundraising platform we identified across all of our data was Charity Navigator. 32:30 Daniel Glaser: I think it's important to remember that if you want to be able to use a cryptocurrency in the real economy, to any scale, it at some point doesn't need to be converted into actual fiat currency into dollars. That's the place where the Treasury Department does regulate cryptocurrencies. 42:10 Daniel Glaser: Cryptocurrency exchanges are regarded as money service businesses. They have full customer due diligence requirements. They have full money laundering program requirements, they have reporting requirements. The US Treasury Department just last month, issued a proposed rule relating to unhosted wallets of cryptocurrencies. And that's out for notice and comment. Right now. It addresses the particular issue of, of wallets that are not hosted on a particular exchange. And I think it's an important rule that's out there and I do encourage people to take a look at it, the comment period closes in May, and then hopefully, Treasury will be able to take regulatory action to close that particular vulnerability. 42:46 Rep. Jim Himes (CT): Mr. Glaser, you you, though suggested something new that I'd like to give you a maybe 30 seconds, 42 seconds I have left to elaborate on you said you were taught you were hopeful for sanctions like authorities against domestic actors. You did not to constitutional civil liberties concerns. But give us another 30 seconds on exactly what you mean. And perhaps most importantly, what sort of fourth amendment overlay should accompany such authority? Daniel Glaser: Well, thank you, thank you for the question. The fact is, the Treasury Department really does not have a lot of authority to go after purely domestic groups in the way that it goes after global terrorist organizations that simply doesn't have that authority. You could imagine an authority that does allow for the designation of domestic organizations, it would have to take into account that, the constitutional restrictions. When you look when you read the a lot of the court decisions, there's concerns could be addressed in the statute, there's concerns. A lot of the scrutiny is heightened because sanctions are usually accompanied with acid freezes. But you could imagine sanctions that don't involve asset freezes that involve transaction bounds that involve regulatory type of requirements that you see in Section 311 of the Patriot Act. So there's a variety of ways that both the due process standards could be raised from what we see in the global context. 44:37 Daniel Rogers: The days leading up to the insurrection, the oathkeepers founder Stuart Rhodes appeared on a podcast and solicited charitable donations to the oathkeepers Educational Fund. It can only be presumed that these funds which listeners were notably able to deduct from their federal taxes, went to transporting and lodging members of the group slated to participate in the ensuing riots. 46:06 Rep. French Hill (AZ): In looking at the draft legislation that the majority noticed with this hearing, one bill stuck out to me and I think it's a good follow up for your from your most recent exchange. It seeks to amend title 31 to require the Secretary of the Treasury to establish a program to allow designated employees of financial institutions to access classified information related to terrorism, sedition, and insurrection. Now, over the past three congresses, we've talked about the concept of a fusion center, not unlike we do in monitoring cyber risk and cyber crimes for this terror finance arena. We've never been able to come ashore on it legislatively. So I found that interesting. However, I'm concerned that when you deputize bank employees without any oversight, as to how the information would be protected or if there's really even a need for that. 46:53 Rep. French Hill (AZ): Could you describe how banks share information with law enforcement today and how they provide feedback on how we might change these protocols or if they're if that protocol change is necessary. Daveed Gertenstein-Ross: Thank you ranking member, there are four primary ways that banks share information now. The first is suspicious activity reports or the SAR. Financial institutions have to file these documents with the Financial Crimes Enforcement Network or FinCEN. When there's a suspected case of money laundering or fraud, the star is designed to monitor activity and finance related industries that are out of the ordinary are a precursor to illegal activity, or can threaten public safety. Second, there's law enforcement's 314 a power under the Patriot Act, in which obtains potential lead information from financial institutions via FinCEN. Third, law enforcement can use its subpoena power, if a court issues a subpoena pursuant to an investigation, or to an administrative proceeding and forth where there are blocked assets pursuant to OFAC authorities, sanctions or otherwise, banks are required to report block assets back to OFAC. The information sharing in my view is currently quite effective. Treasury in particular has a very strong relationship with the US financial institutions. 48:24 Rep. French Hill (AZ): On 314 in the Patriot Act, is that a place where we could, in a protected appropriate way make a change that relates to this domestic issue? Or is that, in your view, too challenging? Daveed Gertenstein-Ross: No, I think it's a place where you could definitely make a change. The 314-A process allows an investigator to canvass financial institutions for potential lead information that might otherwise never be uncovered. It's designed to allow disparate pieces of information to be identified, centralized and evaluated. So when law enforcement submits a request to Finicen, to get information from financial institutions, it has to submit a written certification that each individual or entity about which the information is sought is engaged in or reasonably suspected of engaging in terrorist activity or money laundering. I think that in some cases 314-A, may already be usable, but I think it's worth looking at the 314-A process to see if in this particular context, when you're looking at domestic violent extremism, as opposed to foreign terrorist organizations, there are some tweaks that would provide ability to get leads in this manner. 1:15:15 Iman Boukadoum: What we submit is that the material support for terrorism statute, as we know, there are two of them. There's one with an international Nexus that is required. And there's one that allows for investigating material support for terrorism, domestic terrorism, in particular, as defined in the patriot act with underlying statutes that allows for any crimes that take place within the United States that have no international nexus. And we believe that that second piece of material support for terrorism statute has been neglected and can be nicely used with the domestic terrorism definition as laid out in the Patriot Act. And we hope that statutory framework will be used to actually go after violent white nationalists and others. 1:50:25 Daniel Rogers: I think there are a number of regulatory fronts that all kind of go to the general problem of disinformation as a whole. And I don't know that we have the time to get into all of them here, but I think they, they certainly fall into three three big categories, with the one most relevant to today's discussion being this idea of platform government and platform liability, that, you know, our data is showing how what a key role, these sorts of platforms play in facilitating the activities of these groups. And the fact that the liability is so nebulous or non existent through things like Section 230 and whatnot, which what we found is that there's there's already policies in place against all of these hate and extremist groups, but they're just simply not enforced. And so updating that kind of platform liability to help drive enforcement I think is one of the key areas that that that we can focus on. Cover ArtDesign by Only Child Imaginations Music Presented in This EpisodeIntro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio) |
Jul 11, 2021 |
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CD234: AWOL Recall: The Rock and Play Sleeper
01:36:05
In 2009, Mattel's Fisher-Price started selling the Rock and Play Sleeper, a recklessly designed baby bed. During the ten years that it was sold to parents around the world, dozens of babies died and thousands were injured due to the design of the Rock and Play Sleeper. In this episode, learn the results of a congressional investigation into how the Rock and Play Sleeper was invented, why Mattel and Fisher-Price refused to recall their their dangerous but profitable product, what the government did - or didn't do - about it, and why we desperately need Congress to change to our product safety laws as soon as possible. Please Support Congressional Dish – Quick Links
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Articles/Documents
Additional ResourcesSound Clip SourcesHearing: House Committee on Oversight and Reform, House Committee on Oversight and Reform, June 7, 2021Witnesses
Transcript:00:01 Chairwoman Carolyn B. Maloney: In 2019, this committee launched an exhaustive investigation and to how the Rock 'N Play was developed, marketed and later recalled. Our staff conducted interviews and reviewed 1000s of pages of documents. This morning we are going to be releasing this report, which you can get on the core website or on my congressional website. What we found was absolutely shocking. It is a national scandal. 01:37 Chairwoman Carolyn B. Maloney: When Mattel released the Rock 'N Play in 2009, it was the only product of its kind on the market. pediatrician said advice for years that infants should sleep on a firm flat crib mattress to prevent death or injury. But Rock 'N Play was a padded seat holding infants at a 30 degree angle. Even though this new design conflicted with safety guidelines, our investigation shows that Mattel did not consult with a single pediatrician or conduct a single scientific study to find out if it was safe for babies to sleep at an angle. Internal documents also show that over the decade this product was sold, but Mattel repeatedly ignored urgent warnings from international regulators, pediatricians, and even its own customers that the Rock 'N Play was unsafe. 02:34 Chairwoman Carolyn B. Maloney: For example, in 2010, a regulator in Australia warned Mattel that using this product as a sleeper "is at odds with widely accepted and promoted best practices." In quote, in 2011, the company was banned from marketing the rockin play as a sleeper in Canada because of safety concerns. 03:13 Chairwoman Carolyn B. Maloney: Mattel also received a steady drumbeat of reports that infants as young as two months old, had stopped breathing or even died in the rockin play. Mattel employees admitted to the committee that the company knew about these deaths and injuries, but Mattel claimed that its product was not the problem. 04:35 Chairwoman Carolyn B. Maloney: In fact, Mattel only agreed to recall it after it became clear that the Consumer Reports was about to publish a very damning evidence that dozens of infants died using the rock in play. 05:07 Chairwoman Carolyn B. Maloney: On Friday, we learned that Mattel is recalling two more inclined infant infant products that the company marketed for sleep. The Rock 'N Glide Soother and Sooth 'N Play Glider after four infants rolled over in the Rock 'N Glide and suffocated. In other words, they died because of the exact same dangerous product design as the infants who died in Rock 'N Play. 25:58 Chuck Scothon: Around our headquarters in Buffalo, New York. After the product launch, Fisher Price regularly examined and analyzed any safety incident that was reported and regularly shares the reports of fatalities and serious incidents with the CPSC for its own analysis. We asked two top doctors to evaluate the safety of the product specifically related to observing the breathing of infants sleeping in an incline in the product. These doctors confirmed the Rock 'N Play Sleeper was safe when used in accordance with the warnings and instructions. In 2018, we had extensive discussions with the CPSC about the rockin play. And as one of the top engineering firms to assess independently whether infants were at risk of rolling over when using the product. We are confident that all of our products are safe when uses intendance and intended in accordance with the warnings and instructions. At the same time, we take into account reports of injuries that are associated with other patterns of use. In light of the risks of accidents and the use of inclined sleepers, the safety restraints were not used. We decided two years ago to recall the rock and play voluntarily is the best way to reduce this risk. 27:14 Chuck Scothon: Recently we considered a similar situation with a 4-in-1 Rocking Glide Soother. Although this is not a sleeping product, the data indicated a risk of accidents if the safety restraints were not used, or children were left unsupervised. Based on this, we decided to recall the glider, which we announced last Friday. We also recall the 2-in-1 Soothe 'N Play Glider, even though there are no reported fatalities associated with this product, because it is similar to the 4-In-1 glider. Importantly, with these two actions, we no longer make any products in either the inclined sleep category, or the glider category and we have no intention of doing so in the future. 28:11 Chairwoman Carolyn B. Maloney: Mr. Kreiz, the report that the committee released today is based on interviews and internal documents from your company, Mattel, and these internal sources are damning. They show Mattel did not do any independent research. As to the safety to see if rockin play was safe for sleeping before starting to sell it in 2009. They show that Mattel did not consult a single licensed pediatrician to make sure that the product was safe. And they show that rockin play. After it came to market. They ignored Mattel ignored a pediatricians warning and writing and brushed off reports from mothers who had lost their children that babies had stopped breathing and even died from the product. They were worn from foreign countries that had taken it off the market. And the documents show that after the Consumer Product Safety Commission, raise concerns with Mattel in 2018, your company fought back for nearly a year. Even though you knew at least 14 infants had died in your product. 14 babies lost. This is a national scandal. It is breathtakingly irresponsible. It is corporate conduct that cannot be tolerated. And it has to change in the future. Mr. Kreiz, on behalf of Mattel Will you accept responsibility for this tragedy and apologize to the dozens of families whose children died using your product? Ynon Kreiz: Well, let me first say that our hearts go out to every family who suffered the loss. The Rock 'N Play Sleeper was safe when used in accordance with its instructions and safety warnings. The Sleeper was designed and developed following extensive research, medical advice, Safety Analysis, and more than a year of testing and reviews. The product met or exceeded all applicable regulatory standards as recent as 2017. The CPSC proposed to adopt the SDM standard for 30 degree Sleeper as a federal law. After the product launched different independent medical and other expert analysis verified that it was safe when use in accordance with instructions and warnings. Two studies confirmed that the rock and play sleeper was as safe or safer than other slip environment such as cribs, and bassinets. And one of these studies found that the product Chairwoman Carolyn B. Maloney: Reclaiming my time, The bottom line is 50 children, infants died 50. You did not conduct any studies. You didn't even you didn't even talk to a licensed pediatrician. You didn't even talk to the medical profession. You didn't do anything. But pump it out there and sell it. 35:19 Rep. Michael Cloud (TX): Okay, previously there had been pushback from authorities in Canada, UK and Australia. Do you think aggressively in retrospect, aggressively marketing the Rock 'N Play as a sleeper in the US was the right thing to do? Ynon Kreiz: We consult with all regulators in all jurisdictions and meet or exceed every every standard. In the US The product was was approved. We met rather we met we met all their standards, all applicable standards. 44:35 Rep. Eleanor Holmes-Norton (DC) : Do you think that Mattel took Dr. Benner-Roach's warning seriously enough? Ynon Kreiz: I'm aware of that interaction and I know we took his considered his recommendation and consider those seriously. That said, As my colleague just mentioned, we did not see an issue with what he raised because with the product did meet the bassinet standard. And while we did consider his his observation, we did not agree with them. 45:00 Rep. Eleanor Holmes-Norton (DC) : Mattel's decision not his head Dr. Benner-Roach's warning seriously seems to me to be inexcusable. It also demonstrates why it is important that we repeal section 6B of the Consumer Product Safety Act and stop letting corporations hide behind the law to hide deaths associated with their products from the public. Dr. Benner-Roach knew in 2013 the Rock 'N Play was dangerous. At that time, Mattel also knew that infants had died and Rock 'N Pay. Perhaps if the public knew as well. Dr. Benner-Roach's warning would not have fallen on deaf ears. 51:26 Rep. Stephen Lynch (MA) : A July 2020 Consumer Reports found that 96% of American people believe that products that they buy for their home are governed by mandatory safety standards that are set by the government. But, as we know, on this committee for the vast majority of products on the market, that is simply not true. Most products, including the Rock 'N Play are only governed by voluntary standards set by an organization called ASTM. International, the formally the American Society for Testing and Materials. 52:09 Rep. Stephen Lynch (MA) : Mr. Scothon, I understand that the Rock and Play and Glide and Sooth glider were all subject to a voluntary standards set by ASTM International, is that right? Chuck Scothon: They were... Yes, they were set by the ASTM standards, as well as the CPSC guidelines where appropriate. Rep. Stephen Lynch (MA) : Right. And ASTM is comprised of and again, I hate to use acronyms, but the American Society for Testing Material International, is comprised of a bunch of different groups and individuals, including product manufacturers, like shelves, testing labs, some consumer advocates and others. But what many consumers don't know that, Is that the ASTM committees, manufacturers, like yourself, can influence the voluntary standards that are set for their own products, is that correct? Chuck Scothon: We are involved in those standards. It's a consensus based organization, which takes into account all of the different expertise from all of the different individuals. So that consensus is really designed to ensure that no single company or group can influence Rep. Stephen Lynch (MA) : Right but Mattel employees, including the people who helped design the rock and play actually sit on the ASTM committees that design standards foot for infant products, don't they? Chuck Scothon: They are involved in the asdm standard setting process. Correct? Rep. Stephen Lynch (MA) : Right. And when they participate in AFC ns work to set safety standards they are doing so as representatives of the company and not as independent individuals. Is that correct? Chuck Scothon: Well, they are representatives of the company, but typically their roles are to facilitate the process to focus on getting the groups together to aggregating and putting all the information together and coming back with consensus points of view. 1:00:04 Chuck Scothon: The incident rate up until approximately February we're looking at we were aware of approximately 14 in 2018. We are aware of 14 incidents through 2018. That is when we filed the 15B report with the CPSC. Throughout the course of those previous years, we were notifying the CPSC upon learning of any incident immediately, right? Rep. Glenn Grothman (WI): How many children have died totally in this toy or whatever, how many total died? Chuck Scothon: Today we are aware of approximately believe it is the numbers currently 97. Although those numbers change, as we are also finding that some of the products that have been attributed to the Rock and Play, we're not Fisher Price or incline sleep. So the data one of the things are in it's why it's making it more difficult is typically when we find into report the data is very inconsistent. It is sometimes inaccurate or incorrect. That is why we investigate things individually. And that is what we did. Rep. Grossman: Sorry, the only give us five minutes here, is 97. Is that for all over the world or just United States? Chuck Scothon: I believe that as a US number. Rep. Glenn Grothman (WI): Okay, so it could be significantly more how many other condoms is marketed. Chuck Scothon: I'd have to get back to it specifically on that. And by the way, I believe that actually is a worldwide number. I apologize, but it was a worldwide number. 1:14:15 Rep. Raja Krishnamoorthi (IL): I think that the statement was made Mr. Scothon and you said that essentially the rockin play comported with the bassinet standard, didn't you? Chuck Scothon: That's correct at the time of launch, it was part of the bassinet standard. Rep. Raja Krishnamoorthi (IL): And I'm looking at I'm looking at the CPSC website right now and the final rule clearly states that the standard limits the allowable angle to 10 degrees incline, so your Rock 'N Play absolutely did not did not comport with the bassinet final rule. 2:16:12 Rep. Katie Porter (CA): Now it's been well established at this point that incline sleep can be harmful even deadly to infants. And today Mr. Scothon, Fisher Price and Mattel are no longer selling any inclined sleeper products. Is that correct? Chuck Scothon: That is correct. Rep. Katie Porter (CA): And you've recalled all inclined sleeper incline sleepers and you've notified parents that they're dangerous Is that correct? Chuck Scothon: The Rock and Play was our inclined sleeper product that was recalled in 2019. And we have done all the outreach to try to bring the product back. Yes. Rep. Katie Porter (CA): You mentioned, I asked about all inclined sleepers and you responded about the Rock 'N Play? Do you have other inclined sleepers on the marketplace today? Chuck Scothon: No, once again, to clarify, there is an inclined sleeper which is something that is considered for long term or overnight sleep. And then there are other products that are intended where a baby may fall asleep. But we suggest that are then move to a hard flat surface. So the rock Rep. Katie Porter (CA): Babies, babies like exhausted moms can fall asleep anywhere because they need sleep. But Mr. Scothon and you're a marketing expert. So I want to ask you a marketing question drawing on your expertise. If you wanted to sell someone a product related to sleep, would you mention things like counting sheep, catching some Z's having Sweet dreams? This sleeping and dreaming are pretty closely tied together and folks minds you can't dream while you're awake. Correct? Chuck Scothon: Yes. Rep. Katie Porter (CA): Okay, so I want to ask you about a fisher price product that I found on target's website. It is called the Fisher Price, The Sweet Snug-A-Puppy Dreams Deluxe Bouncer. What a baby sleeping in this fell asleep in this dreams. Deluxe bouncer has been an incline. Chuck Scothon: If a baby fell asleep, yes, they would be at an incline. Rep. Katie Porter (CA): Okay, and they would be asleep in this incline situation. It's marketed as dreams Deluxe bouncer. But nowhere in your sales information on your website on target's website or Amazon's website. Does it say that a child should not be allowed to sleep in it? In fact, in response to a question in a on the Mattel's website, it just says it shouldn't be used for prolonged periods of sleep. What is prolonged mean? Chuck Scothon: Well, the way the fact is, we know that babies with the amount of hours that they sleep in a year will occasionally fall asleep wherever they might be. And that's why we recommend in the warning statements, state to not leave them unsupervised to move them and don't use it for prolonged sleep. And it's why we bought... Rep. Katie Porter (CA): Reclaiming my time. How long can my child safely sleep at an incline? Chuck Scothon: Again, if you're I don't have that specific number I you know, what I would say is that if you are when you're a child, Rep. Katie Porter (CA): But spending my time how long can they have sweet snuggle puppy dreams? Why are you marketing this as a product that will give people dreams? If it's not for sleeping? Chuck Scothon: Again, we referenced that as as a product where a baby will sit and play and Susan and I understand your point. But Rep. Katie Porter (CA): You market it, just reclaiming my time, Mr. Scothon, you market it as a product where babies will dream, aka sleep. And yet it is not safe for a baby to sleep in this position. So I have two questions for you. Will you commit to parents, consumers right now to change the name of this product to avoid and remove any mention of dreams or sleep from the name. Chuck Scothon: Back in 2019, we removed any reference to sleep on all those products, I will commit to going back through all of our current offering evaluating everything and to ensure that we are as clear because again, our commitment is to safety. And I will commit to going back through every item to make sure that we're sending the right message. Rep. Katie Porter (CA): Okay, last question. Will you commit to including in all future bouncer or similar products like this, clear information for their parents that their children should never be allowed to sleep in these products because right now the only way you can find that is visiting the Fisher Price Q&A. Will you put it on the product and in the description of the product that it is not shown and should never be allowed to sleep? I will, we will, we do put that there. We have also committed to the safe start campaign which is an educational video campaign to help parents understand this just goes on Rep. Katie Porter (CA): It does not say on the target webpage not to allow your baby to sleep on this product. And it's called the Dreams Bouncer. Look at it. Look how cute the snuggle puppy is. I feel like taking a nap right now. Mr. Scothon, please don't market things about dreams or sleep or counting sheep or catching some Z's. If the product isn't safe to sleep in, I'm sure it's a wonderful bouncer. I raised my kids and Fisher Price products. I care about your company. I counted on your company. Please commit to taking action so that other parents can count on their kids getting safely to the teen years like mine have. Thank you very much and I yield back. 2:31:08 Chairwoman Rep. Carolyn Maloney: I want to be clear that I hold the federal government to the very same standard. And just this last week I reintroduced 3716 along with Congresswoman Presley with whom I've worked on the Children's Protection Act. Right now, federal agencies are not required to analyze or disclose the impact of regulatory changes on children, and they rarely provide evidence that their policies do no harm to America's youth. 2:32:16 Chairwoman Rep. Carolyn Maloney: HR 3716 would require federal agencies to undertake a childhood trauma impact study, before a rule is finalized to ensure the health and well being of all children are prioritized. These analysis would be conducted by review panels with expertise in children's health and education, as well as experience in advocating for the health and welfare of all children. It is absolutely crucial that the actions of industry and government alike are informed by expert analysis when it comes to the health and well being of children before it is too late. Hearing: Hazardous Products and Consumer Safety, Senate Commerce, Science, and Transportation Subcommittee on Manufacturing, Trade, and Consumer Protection, June 20, 2019Witnesses
Transcript:16:45 Robert Adler: I must caution that much of our work has been stymied by several statutory roadblocks. When the agency was established in 1973, we promulgated numerous critical safety rules, dealing with hazards that ranged from flammable children's sleepwear, shattering glass panes and unsafe toys. And we did it under the traditional rulemaking approaches in the Administrative Procedure Act. by my count, the agency wrote 24 safety rules in its first eight years or about three per year. In 1981, however, Congress imposed a set of cumbersome procedures on CPSC that have had the effect of stalling and lengthening our rulemaking efforts. And here's a statistic in the following 38 years since 1981, we've managed to eke out only 10 safety rules under these procedures, and that's about one every three and a half years versus three per year. And we've really written only one safety rule using these procedures in the past 10 years. Let me be blunt. I have little doubt that lives have been lost in injuries incurred because of these delays in our rulemaking, with no particular improvement in the quality of the standards that we write. 18:00 Robert Adler: I'd also must mention the owners information disclosure restrictions under which CPSC must operate. I refer to the provisions of Section 6B. Unlike any other federal Health and Safety Agency when CPSC wants to warn consumers about a particular hazard associated with the company's product, we first have to run our press release past the company to see whether they have any objections to it. And especially in recalls, that means companies can object to our proposed hazard warning, can threaten to sue us unless staff waters down the release. 32:33 Elliot Kaye: As I stated during our house oversight hearing earlier this year, people die because of Section 6B. It is that simple. 59:24 Sen. Richard Blumenthal (CT): Don't you agree that the public is better informed when you use the word recall rather than information campaign, they have no idea what an information campaign is, especially when products are sold secondhand on the internet. Ann Marie Burkle: I think that you're absolutely correct. Recall a certain clear than an information campaign. However, our recalls, mostly all of our recalls are voluntary. And so whenever we put out a press release, it has to be the parties have agreed to this press release and the language in it. In the event in the Britax. situation, the decision was made, we need to get this information out, and rather than suing it and be in prolonged litigation, as we have been, in other cases, the Magnus case in particular, where the consumer ends up with no remedy. Sen. Richard Blumenthal (CT): But this lawsuit itself is a warning to consumers, correct. It's a public act. Ann Marie Burkle It can be. Sen. Richard Blumenthal (CT): It's saying this product is unsafe. Ann Marie Burkle: But it isn't clear, it certainly raises the issue, but it isn't clear to the consumer what their remedies, and the lawsuit doesn't provide any remedy to the consumer. Sen. Richard Blumenthal (CT): It eventually can provide remedies, but the lawsuit itself sends a signal when you allege as the CPSC that a product is unsafe. That's much more informative and dramatic to consumers then saying that this company has an information campaign, wouldn't you agree? Ann Marie Burkle: I agree, except for the the concern of the agency has to get unsafe products out of the marketplace. And is it in the magnets case that we get that case was sued and for six and a half years, we had no remedy for the consumer and the product is this in the marketplace to this day. And so the concern with britax or any other product where we've identified an issue with it, how we can get that out of the market quickest and away from the consumer to avoid any additional injuries or incidents is really the goal. 1:02:55 Sen. Ed Markey (MA): Instead of issuing recalls to protect the public, CPSC has increasingly relied on voluntary settlement agreements. And it has not even tracked whether the companies that have entered into these settlement agreements are adhering to them. Instead of loving civil penalties against bad actors, CPSC has been turning a blind eye to their wrongdoing, and instead of finalizing mandatory safety standards CPSC has continued to kick the can down the road allowing products like dangerously inclined infant newborn sleepers to proliferate. 1:03:42 Sen. Ed Markey (MA): Chairman Berkel since 2012, The CPSC has been aware of spontaneous crashes caused by the popular Bob jogging stroller made by Britex. crashes resulting in broken bones, torn ligaments and smashed teeth. After months of investigating the CPSC staff recommended the stroller be recalled. And in 2018 the commissioners voted in support of that recall with you Chairwoman Burkle being the lone dissenter. After the CPSC shifted to a Republican majority, the commission drastically changed his position instead of a recall. It decided on a voluntary settlement agreement with a stroller company, which centered on a one year public safety campaign. We are now almost halfway through the year. What evidence, Madam Chair, do you have that this information campaign has adequately addressed the hazard? Ann Marie Burkle: Sir, if I could, I would just like to correct the record. It wasn't a recall that I voted against it was a lawsuit because the company refused to do a recall and the recalls that we do at CPSC for the most part are voluntary. We reach an agreement with a company to get that product as quickly as we can out of the consumers hands to avoid any additional injuries or deaths. 1:06:15 Elliot Kaye: It is anticipated by Commissioner Adler and I that this education campaign would be a total debacle. I think that that has played out. And I think consumers have been very poorly served by it. And I've seen zero evidence that what has been done to date has been even remotely effective. 1:08:00 Elliot Kaye: But I do think the culture of the agency has changed from in my experience from one that was driven hard to try to take these products off the market, to making sure that industry was not upset with whatever is being done. Fight Club - The Recall Coordinator's Formula, Montag Beeblebrox, December 28, 2009Warren G - Regulate (Official Music Video) ft. Nate Dogg, Warren G, December 24, 2009Cover ArtDesign by Only Child Imaginations Music Presented in This EpisodeIntro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio) |
Jun 27, 2021 |
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CD233: Long COVID
01:03:45
"Long COVID" is the name for the phenomenon experienced by people who have "recovered" from COVID-19 but are still suffering from symptoms months after the virus invaded their bodies. In this episode, listen to highlights from a 7 hour hearing in Congress about Long COVID so that you can recognize the disease and know where to turn for treatment. Even if you didn't catch the rona yourself, Long COVID is far more common that you probably think and is almost certainly going to affect someone you know. Executive Producer: Michael Constantino Executive Producer: Robyn Thirkill Please Support Congressional Dish – Quick Links
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Sound Clip SourcesHearing: THE LONG HAUL: FORGING A PATH THROUGH THE LINGERING EFFECTS OF COVID–19, House Committee on Energy and Commerce, April 28, 2021Witnesses:
Transcript:1:01:34 Francis Collins: We've heard troubling stories all of us have people who are still suffering months after they first came down with COVID-19, some of whom initially had very few symptoms or even none at all. And yet today these folks are coping with a long list of persistent problems affecting many different parts of the body, fatigue, brain fog, disturbed sleep, shortness of breath, palpitations, persistent loss of taste and smell, muscle and joint pain, depression and many more 1:02:35 Francis Collins: I would like to speak directly to the patient community. Some of you have been suffering for more than a year with no answers, no treatment options, not even a forecast of what your future may hold. Some of you have even faced skepticism about whether your symptoms are real. I want to assure you that we at NIH hear you and believe you. If you hear nothing else today here that we are working to get answers that will lead to ways to relieve your suffering. 1:03:13 Francis Collins: New data arrived every day. But preliminary reports suggested somewhere between 10 to 30% of people infected with SARS COVID2 to may develop longer term health issues. To get a solid measure of the prevalence, severity and persistence of Long COVID we really need to study 10s of 1000s of patients. These folks should be diverse, not just in terms of the severity of their symptoms and type of treatment received, but in age, sex, race and ethnicity. To do this rapidly, we are launching an unprecedented metacohort. What is that? Well, an important part of this can be built on existing longitudinal community based cohorts are also the electronic health records of large healthcare systems. These resources already include 10s of 1000s of participants who've already contributed years worth of medical data, many of them will by now suffer from long COVID. This approach will enable us to hit the ground running, giving researchers access to existing data that can quickly provide valuable insights on who might be most at risk, how frequently individual symptoms occur, and how long they last. 1:04:24 Francis Collins: Individuals suffering with long COVID including those from patient led collaborative groups will be invited to take part in intensive investigation of different organ systems to understand the biology of those symptoms. Our goal is to identify promising therapies and then test them in these volunteers. 1:05:07 Francis Collins: Finally we need a cohort for children in adolescence. That's because kids can also suffer from long COVID and we need to learn more about how that affects their development. 1:05:35 Francis Collins: As we recruit volunteers, we will ask them to share their health information in real time with mobile health apps and wearable devices. 1:08:09 John Brooks: Although standardized case definitions are still being developed, CDC uses the umbrella term Post COVID conditions to describe health issues that persist for more than four weeks after a person is first infected with SARS-CoV-2 to the virus that causes COVID-19. Based on our studies to date, CDC has distinguished three general types or categories of post COVID conditions, although I want to caution that the names and classifications may change as we learn more. The first called Long COVID involves a range of symptoms that can last for months. The second comprises long term damage to one or more body systems or an organ and the third consists of complications from prolonged treatment or hospitalization. 1:09:45 John Brooks: Among these efforts are prospective studies that will follow cohorts of patients for up to two years to provide information on the proportion of people who develop post COVID conditions and assess risk factors for their development. 1:10:00 John Brooks: CDC is also working with multiple partners to conduct online surveys about long term symptoms and using multiple de-identified electronic health record databases to examine healthcare utilization of patient populations after initial infection. 1:20:21 John Brooks: Not only are there persons who develop post COVID symptoms, who we later through serology or testing recognizes having had COVID. But there's also there also were people who develop these post COVID conditions who have no record of testing, and we can't determine that they had COVID. So we've got to think carefully about what that how to manage that when we're coming up with a definition for what a post COVID condition is. 1:20:55 John Brooks: One of the most important things is to make sure that this condition is recognized. We need to make sure that folks know what they're looking at, as you've heard it's sort of protean. There are all sorts of different ways. Maybe we'll talk about this later. But the symptoms and ways that people present are very varied. And people need to be thinking, could this be post COVID and also taking patients at their word. You know, we've heard many times of patients have been ignored or their symptoms minimized, possibly because they didn't recognize that and COVID previously. 1:24:33 John Brooks: It's common, it could be as common as two out of every three patients. Study we recently published in our flagship journal, the Morbidity and Mortality weekly report suggested two out of three patients made a clinical visit within one to six months after their COVID diagnosis. So that is unprecedented, but people who've recovered from the flu or a cold don't typically make a scheduled visit a month later. It does seem that for some people, that condition gets better but there are definitely a substantial fraction of persons in whom this is going on for months. 1:25:37 Francis Collins: Basically what we did was to think of all of the ways in which we could try to get answers to this condition by studying people, both those who already have self identified as having long COVID, as well as people who just went through the experience of having the acute illness to see what's the frequency with which they ended up with these persistent symptoms. And if you look around sort of what would be the places where you'd find such large scale studies, one would be like we were just talking about a minute ago, with Mr. Guthrie, the idea of these long standing cohort studies, Framingham being another one where you have lots of people who have been followed for a long time, see if you can learn from them who got long COVID. And what might have been a predisposing factor that's part of the medical work. You could also look at people who have been in our treatment trials, because there are 1000s of them that have enrolled in these clinical trials. And they've got a particular treatment applied like a monoclonal antibody, for instance, it would be really interesting to see if that had an effect on how many people ended up with long COVID did you prevent it, if you treated somebody acutely with a monoclonal antibody, and then there are all these patient support groups, and you'll be hearing more for them in the second panel, were highly motivated, already have collected a lot of data themselves as citizen scientists, we want to tap into that experience and that wise advice about how to design and go through the appropriate testing of all this. So you put those all together, and that's a metacohort, where you have different kinds of populations that are all put together in a highly organized way with a shared database and a shared set of common data elements so we can learn as quickly as possible. 1:32:59 John Brooks: Extreme fatigue. I mean fatigue, as you probably heard, so bad, you can't get out of bed, it makes it impossible for you to work and limits your social life, anxiety and depression, lingering, chronic difficulty breathing with either cough or shortness of breath. That loss of smell persists for a very long time, which incidentally is particularly unique to this infection to the best I know. 1:37:10 Francis Collins: So the idea of trying to assemble such a large scale effort from multiple different kinds of populations of patients, is our idea about how to do this quickly and as vigorously and accurately as possible. But it won't work if we can't actually compare across studies and figure out what we're looking at. So part of this is the ability to define what we call common data elements, where the individuals who are going to be enrolled in these trials from various sources have the same data collected using the same formats so that you can actually say, if somebody had shortness of breath, how did you define that? If somebody had some abnormality in a lab test, what were the units of the lab test that everybody will agree so you can do apples to apples comparisons? That's already underway, a part of this metacohort is also to have three core facilities. One of those is a clinical sciences core, which will basically come up with what are the clinical measures that we want to be sure we do accurately on everybody who's available for those to be done. Another is the data sciences core, which will work intensively on these common data elements and how to build a data set that is both preserving the privacy and confidentiality of the participants, because these are people who are human subject participants in a trial, and also making sure that researchers have access to information that they can quickly learn from. And then there's a third core, which is a bio repository where we are going to be obtaining blood samples and other kinds of samples. And we want to be sure those are accurately and safely stored. So they can be utilized for follow up research. All of that has to fold into this. And so I'm glad you asked that question. That is the mechanism by which we aim to make the whole greater than the sum of the parts here even though the parts are pretty impressive. The whole is going to be pretty amazing. 1:41:03 Francis Collins: Tomorrow is the one year anniversary of the launch of RADX, Rapid Acceleration and Diagnostics. Another program made possible by the Congress by providing us with some additional funds to be able to build new platforms for technology to detect the presence of that SARS COVID-2 virus, increasingly being able to do those now as point of care instead of having to send your sample off to a central laboratory. And even now doing home testing, which is now just in the last month or so become a reality and that's RADX that developed those platforms. 1:41:30 Francis Collins: It was a pretty amazing experience actually. 1:41:40 Francis Collins: We basically built what we call the shark tank. And we became venture capitalists. And we invited all of those people who had really interesting technology ideas to bring them forward. And the ones that looked most promising, got into the shark tank and got checked out by business people, engineers, various other kinds of technology experts, people who knew about supply chains and manufacturing and all of that to make sure that we put the funds into the ones that were most promising. And right now, today, Congressman, there's about 2 million tests being done today, as a result of RADX that otherwise would not have been. 2 million a day, or 34 different technologies that we put through this innovation funnel. And that has opened up a lot of possibilities for things like getting people back to school where you have testing capacity that we didn't have before. 1:42:32 Francis Collins: What did we learn about that that applies to long COVID? Well, one thing I learned was we can do things at NIH in really novel ways that move very quickly when we're faced with a crisis like COVID-19 pandemic, we're applying that same mentality to this effort on long COVID normally would have taken us more than a year to set up this kind of metacohort. We're doing it in a couple of months because we need to utilizing some of those same mechanisms that you gave us in the 21st Century CARES bill, which has been a critical part of our ability to move swiftly through something called Other Transactions Authority. 1:43:16 Francis Collins: You saw in the President's budget proposal for FY-22, something called ARPA H, which is basically bringing the DARPA attitude to health that also builds on these experiences and will give us, if approved by the Congress, the ability to do even more of these very rapid, very ambitious, yes, high risk, but high reward efforts as we have learned to do in the face of COVID and want to continue to do for other things like Alzheimer's disease, or cancer or diabetes, because there's lots of opportunities there, too. 2:02:53 John Brooks: The number of people seeking care after recovering from COVID is really unprecedented. And it's not just people who had severe COVID it may include people had very mild COVID and in fact, we know there's a number of people who never had symptomatic COVID who then get these long symptoms. 2:03:09 John Brooks: Just historically, the other disease I can think of that may have a little analogy to this is polio. It was a more devastating sequentially that people lived with the rest of their lives. But it was thanks to the enrollment of some early cohorts of these patients followed over the course of their life, that when post polio syndrome later came up in the population, we had the wherewithal to begin to understand it. And it happens with been a condition in many ways, sharing some characteristics of this post COVID condition. 2:16:33 Francis Collins: The virus has been evolving. So one question is, how long will you be immune to the same virus that infected you the first time. And we think that's probably quite a few months. But then are you immune to a variant of that virus that emerges like the one called B117, which now is almost 60% of the isolates we're seeing in the United States after it ran through the UK and then came to us, that degree of immunity will be somewhat lower. The good news here, though, is that, and this may surprise people, the vaccine actually provides you with better broad immunity, then the natural infection, and you don't quite expect that to be the case. Usually, you would think natural infection is going to be the way that revs your immune system to the max and the vaccine is like the second best, it's flipped around the other way in this case, and I think that's because the vaccine really gets your immune system completely awake. Whereas the natural infection might just be in your nose or your respiratory tree and didn't get to the rest of your body. With a vaccine. We think that immunity lasts at least six months. But is it longer than that? We don't know yet because this disease hasn't been around long enough to find that out. And so far, the vaccines, the Pfizer, the Moderna, do seem to be capable of protecting against the variants that are now emerging in the US like this B117. 2:26:09 John Brooks: Anosmia are the loss of smell or change and smell is an often overlooked, but surprisingly common problem among people. This disease really seems to target that and cause it. I can say this, you know, I've been I've had a particular interest in this topic, the reading that I've been doing seems to suggest that the virus isn't necessarily targeting the olfactory nerves, the nerves that transmit smell, but more of the nerves that are sort of around in supporting those nerve cells, and it's the swelling and the inflammation around those cells that seems to be leading to some kind of neurologic injury. I will say the good news is that many people will eventually recover their sense of smell or taste, but there are others in whom this is going to be a permanent change in terms of treatment, smell training, interesting therapy, but it really works. And it's I really want to raise people's awareness around that because the earlier you can begin smell training, the better the chances that you'll recover your sense of smell. 2:43:13 John Brooks: We hold regular webinars and calls for clinicians they can call into these often are attended by 1000s of providers. We use these as an opportunity to raise awareness because I think you made a really critical point that patients feel like their doctors don't recognize their problem or they don't accept that it's possible they have this condition. We use those calls and webinars to raise awareness that this is a real entity. We also then publish papers and put out guidelines that illustrate how to diagnose and begin to pull together what we know about management. 2:52:27 Francis Collins: But it certainly does seem that the risk of developing Long COVID goes up. It's fairly clear that the initial seriousness of the initial illness is somewhat of a predictor. Certainly people are in the hospital have a higher likelihood of long COVID than people who stayed out of the hospital but people who weren't hospitalized can still get it. It's just at a somewhat lower rate. 2:53:07 Francis Collins: Risk factors. older age people higher likelihood, women have a slightly higher chance of developing long COVID than men. BMI, obesity also seems to be a risk for the likelihood of long COVID. Beyond that, we're not seeing a whole lot of things that are predictive. And there must be things we don't know about yet. That would give you a chance to understand who's most vulnerable, to not be able to just get this virus out of there and be completely better, but we don't know the answer is just yet. 3:29:30 Francis Collins: First of all, let me say anxiety and depression is a very common feature of long COVID. But there are instances of actual induction of new psychoses sees individuals who previously were normally functioning who actually fall really into a much more serious psychiatric illness. We assume there's must be some way in which this virus has interfered with the function of the brain maybe by affecting vascular systems or some other means of altering the the way in which the brain normally works. But we have so little information right now about what that actual anatomic mechanism might be. And that's something we have to study intensively. 3:33:13 Francis Collins: When you look at what is the likelihood that somebody who is just diagnosed with COVID-19 is going to go on too long COVID It looks as if it's a bit higher for older people, but on the other hand, they're more young people getting infected. So if you go through the mathematics, you can see why it is that long. COVID seems to be particularly prominent now. And younger people who may not have been very sick at all with the acute infection, some of them had minimal symptoms at all, but now are turning up with this. 3:34:10 Francis Collins: We have 32 million people who've been diagnosed with the acute infection. SARS-COVI-2 to COVID-19. Let's say 10% is right. That means there are 3 million people going to be affected with this are already are and whose long term course is uncertain and may very well be end up being people with chronic illnesses. 3:35:07 John Brooks: It's a great opportunity to remind young people they're not immune to this right? This is really the audience you want to reach. Vaccination is something you should strongly consider. This affects people like you. 3:44:06 John Brooks: Some of the symptoms are the ones you see in adults, as you would expect, particularly pulmonary conditions, persistent shortness of breath, maybe cough, as well as persistent fatigue. There is also some evidence that he experienced what is called a brain fog, but it's probably some issue or probably neurocognitive in nature. And this is important for kids when they're growing and developing that, that we understand what's happening there because we don't want that to impair their ability to learn and grow properly. 4:35:54 Lisa McCorkell: I'm testifying today as a long COVID patient and as a member at the leadership team of the patient led research collaborative, a group of long COVID patients with backgrounds in research, policy and data analysis, who were the first to conduct research on Long COVID. My symptoms began on March 14 2020. Like many of what we call first waivers, I was not afforded a COVID test, because at the time tests were limited to hospitalized patients and those with shortness of breath, cough and fever, the last of which I didn't have. I was told that I had to isolate and within two weeks I'd be recovered. A month later, I was in worse health than in that initial stage. I couldn't walk more than 20 seconds without having trouble breathing, my heart racing and being unable to get out of bed the rest of the day. 4:37:18 Lisa McCorkell: Our ost recent survey asked about 205 symptoms over seven months and received almost 7000 responses. In our recent paper, 92% of respondents were not hospitalized, but still experienced symptoms in nine out of 10 organ systems on average. We found that patients in their seventh month of illness still experienced 14 symptoms on average. Most commonly reported were fatigue, post exertional, malaise and cognitive dysfunction. In fact, 88% experienced cognitive dysfunction and memory loss impacting their ability to work, communicate and drive. We found that this was as likely an 18 to 29 year olds as those over 60. Lesser known symptoms include tremors, reproductive changes, months long fevers and vertigo. Over two thirds require a reduced work schedule or cannot work at all due to their health condition. 86% experienced relapses were exerting themselves physically or mentally can result in a host of symptoms returning. 4:38:14 Lisa McCorkell: Long COVID is complex, debilitating and terrifying. But patients aren't just dealing with their symptoms. They're dealing with barriers to care, financial stability and recovery. Due to the lack of a positive COVID test alone, patients are being denied access to post COVID clinics, referrals to specialists, health insurance coverage, COVID related paid leave, workers comp, disability benefits, workplace accommodations and participation in research. When we know that not everyone had access to COVID testing that PCR tests have false negative rates of 20 to 40%. That antibody tests are more accurate on men and people over 40 and that multiple studies have shown that there's no difference in symptoms between those with the positive test and those without. Why are we preventing people who are dealing with real symptoms from accessing what they need to survive? 4:39:00 Lisa McCorkell: Even with a positive test patients are still being denied benefits or have to wait months until they kick in. Medical bills are piling up. People are being forced to choose between providing for themselves and their family and doing what's best for their body. 4:39:58 Lisa McCorkell: The stimulus checks that you all provided us to get through the pandemic. I do really appreciate them. But every cent of mine was spent on urgent care and doctor's visits where I was repeatedly told that mycotic cardio my inability to exercise and brain fog was caused by anxiety and there was no way that I could have had COVID since I didn't have a positive test. 4:41:37 Jennifer Possick: I hope to share my perspective as a pulmonologist caring for people with post COVID disease including Long COVID. So in Connecticut, the surge initially arrived in March of 2020. And within weeks thereafter, people were reaching out to us about patients who remained profoundly short of breath after their acute illness had passed. My colleagues and I were struck by how difficult it was to tell the difference between people recovering from mild, acute COVID and those who had required ICU level care. Both groups had the physical, cognitive and psychological fallout we would expect from a critical illness or a prolonged intubation. And in addition to being short of breath, they reported a host of other symptoms. I saw a teacher who had recurrent bouts of crushing chest pain, mimicking a heart attack, a young mother, who would have racing heartbeat and dizziness every time she played with her toddler, a local business owner who couldn't remember the names of his long term customers or balance his books, and a home health aide who didn't have the stamina or strength to assist her elderly clients. 4:42:53 Jennifer Possick: We've spent this year learning alongside our patients, about half of whom are never hospitalized. They are mostly working age, previously high functioning. Many were frontline or essential workers. Many were initially disbelieved. Their quality of life has been seriously impacted. Some can't walk to the mailbox or remember a shopping list, much less resume their everyday lives and work. 4:43:16 Jennifer Possick: They've used up their paid sick leave. They've cut back their hours they have left or lost jobs. They have difficulty accessing workman's compensation benefits and FMLA or securing workplace accommodations. Some have even cut back on food, rent or utilities to pay for mounting medical expenses. 4:44:03 Jennifer Possick: Consensus practice supports many forms of rehabilitation services but insurance approval and coverage have been beyond challenging and demand outpaces availability in any case. For patients with ongoing oxygen needs, requests for portable oxygen concentrators can be delayed or even denied complicating physical recovery and mobility. 4:44:27 Jennifer Possick: We are a well resourced program at an academic medical center. But we are swamped by the need in our community. This year, we have seen more patients with post COVID-19 conditions in our clinic alone then we have new cases of asthma and COPD combined. Looking ahead, the magnitude of the challenge is daunting. There are over 31 million survivors of acute COVID-19 in the United States, and we don't know how many people will be affected, what kind of care they will need, or how long, or what kind of care that will entail or how long they'll need it. Research will ultimately help us to understand the origin of the symptoms and to identify effective treatment, but in the meantime, their care cannot wait. 4:49:37 Steven Deeks: First, we don't have a way of measuring this, right? Everyone everyone has got a cohort or a clinic measures it differently. They report stuff differently. As a consequence, the epidemiology is a mess, right? We don't really have a good sense of what's going on we need and this has been said before, a general consensus on how to define the syndrome, how to measure it and study so that we can all basically be saying the same thing. Deeks we don't know prevanlence Deeks we don't know prevanlen... 270.5 KB 4:50:06 Steven Deeks: We don't really know the prevalence of either the minimally symptomatic stuff or the very symptomatic stuff. 4:50:27 Steven Deeks: Women in almost every cohort, women are more likely to get this than the men. And This to me is probably the strongest hint that we have in terms of the biology, because women in general are more susceptible to many autoimmune diseases and we know why. And so paying attention to that fact why it's more common in women I think is providing very important insights into the mechanism and is directing how we are going about our science to identify therapies. 4:51:09 Steven Deeks: The same time people are getting acute COVID. They're living in a society that's broken. There's lots of social isolation. There's lots of depression, there's lots of people struggling, who did not have COVID. And the way this social economic environment that we're living in, has interacted with this acute infection is likely contributing to what's happening in ways that are very important but I think ultimately going to be hard to untangle and something that has not been discussed. 6:00:36 Jennifer Possick: I don't think that we can broadly say that there is any treatment that is working for all patients. We don't have that answer yet. As Dr. Deeks had suggested, there are things we try empirically. Sometimes they work for some patients other times not, but we're not in a position yet to say that this is the regimen, this is the treatment that works. Cover ArtDesign by Only Child Imaginations Music Presented in This EpisodeIntro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio) |
Jun 14, 2021 |
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CD232: American Rescue Plan
01:23:13
In March 2021, a year after the official beginning of the COVID-19 pandemic, the fully Democratic Party controlled Congress sent President Joe Biden their version of a COVID relief bill to sign, a bill that was rejected by the entire Republican Party. In this episode, examine the new law in detail to learn how it could help you and to judge whether this new law was something you would have liked your representatives in Congress to support. Executive Producer: Michael Constantino Please Support Congressional Dish – Quick Links
Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Recommended EpisodesCD213: CARES Act - The Trillions for COVID-19 Law CD161: Veterans Choice Program American Rescue Plan OutlineThe American Rescue Plan Act of 2021TITLE I - COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY Subtitle A - Agriculture Sec. 1001: Food Supply Chain and Agriculture Pandemic Response
Sec. 1002: Emergency Rural Development Grants For Rural Health Care
Sec. 1005: Farm Loan Assistance for Socially Disadvantaged Farmers and Ranchers
Subtitle B - Nutrition Sec. 1101: Supplemental Nutrition Assistance Program
Sec. 1103: Additional Funding For Nutrition Assistance Programs
Sec. 1105: Improvements to WIC Benefits
Sec. 1108: Pandemic EBT Program
TITLE II - COMMITTEE ON HEALTH, LABOR, AND PENSIONS Subtitle A - Education Matters Part 1 - Department of Education Sec. 2001: Elementary and Secondary School Emergency Relief Fund
Sec. 2002: Emergency Assistance to Non-Public Schools
Sec. 2003: Higher Education Emergency Relief Fund
Part 2 - Miscellaneous Sec. 2021: National Endowment for the Arts
Sec. 2022: National Endowment for the Humanities
Sec. 2023: Institute of Museum and Library Services
Subtitle B - Labor Matters Sec. 2101: Funding for Department of Labor Worker Protection Activities
Subtitle C - Human Services and Community Supports Sec. 2201: Child Care and Development Block Grant Program
Sec. 2202: Child Care Stabilization
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