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.

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Background Sources

Recommended Congressional Dish Episodes

CD236: January 6: The Capitol Riot
CD232: American Rescue Plan
CD155: FirstNet Empowers AT&T
CD096: Fast Tracking Fast Track (Trade Promotion Authority)

NDAA 2022

Jamie Dupree. Dec 9, 2021. “Who says bipartisanship is dead? It isn’t on defense.” Atlanta Journal-Constitution.

Huawui Sanctions

Alessandro Civati. Jan 10, 2022. “Huawei Risks - A Government Security Review.” LinkedIn.

Craig S. Smith. Sept 29, 2021. “How the Huawei Fight Is Changing the Face of 5G.” IEEE Spectrum.

Federal Communications Commission. Mar 12, 2021. “FCC List of Equipment and Services That Pose National Security Threat.”

Hadlee Simons. Sept 15, 2020. “More Huawei sanctions go into effect from today. What does that mean?” Android Authority.

Julian E. Barnes and Adam Satariano. Mar 17, 2019. “U.S. Campaign to Ban Huawei Overseas Stumbles as Allies Resist.” The New York Times.

Build Back Better is Dead

Joe Manchin. Dec 19, 2021. “Joe Manchin: 'I cannot vote' for Build Back Better amid 'real' inflation.” Fox News.

Jamie Dupree. Dec 3, 2021. “No shutdown but little headway in Congress.” Regular Order.

2022 Spending

Department of Homeland Security. “Operation Allies Welcome.”

Paul Kane. Jan 12, 2022. “The E-word is poised for a Capitol Hill comeback.” The Washington Post.

Voting Rights and Election Reform

Cristina Marcos. “House passes voting rights package, setting up Senate filibuster showdown” Jan 13, 2022. The Hill.

Zachary B. Wolf. May 19, 2021. “The 5 key elements of Trump's Big Lie and how it came to be.” CNN.

The Filibuster

Lindsay Wise. Jan 10, 2022. “McConnell Issues Threat to Democrats on Filibuster Changes.” The Wall Street Journal.

Tim Lau. Apr 26, 2021. “The Filibuster, Explained.” Brennan Center for Justice.

Sarah A. Binder. Apr 22, 2010. “The History of the Filibuster”. Brookings.

The Electoral Count Act

Miles Parks. Jan 8, 2022. “Congress may change this arcane law to avoid another Jan. 6.” NPR.

Laws and Resolutions

S.J.Res. 33: A joint resolution joint resolution relating to increasing the debt limit.

Sponsor: Sen. Chuck Schumer (D-NY) Status: Signed into law by the President on Dec 16, 2021

S. 610: Protecting Medicare and American Farmers from Sequester Cuts Act

Sponsor: Sen. Tim Kaine (D-VA)
Status: Signed into law by the President on Dec 10, 2021

S. 1605: National Defense Authorization Act for Fiscal Year 2022

Status: Signed into law by the President on Dec 27, 2021

S. 3377: Capitol Police Emergency Assistance Act of 2021

Sponsor: Amy Klobuchar (D-MN) Status: Signed into law by the President on Dec 22, 2021

H.R. 6256: To ensure that goods made with forced labor in the Xinjiang Uyghur Autonomous Region of the People’s Republic of China do not enter the United States market, and for other purposes.

Sponsor: Rep. Jim McGovern (D-MA) Status: Signed into law by the President on Dec 23, 2021

H.R. 3919: Secure Equipment Act of 2021.

Sponsor: Rep. Steve Scalise (R-LA) Status: Signed into law by the President on Nov 11, 2021

H.R. 6119: Further Extending Government Funding Act

Sponsor: Rep. Rosa DeLauro (D-CT)
Status: Signed into law by the President on Dec 3, 2021

H.R. 1319: American Rescue Plan Act of 2021

Tax credits for COVID

Sec. 4006: Funeral Assistance
For the COVID emergency declared on March 13, 2020 “and for any subsequent major disaster declarations that supercedes such emergency declaration”, FEMA funds “shall” be paid for 100% of disaster-related funeral expenses.

Sec. 9631: Refundability and Enhancement of Child and Dependent Care Tax Credit
For 2021, eligible taxpayers can get up to 50% of up to $8,000 in childcare costs (capped at $16,000 for multiple children under the age of 12) reimbursed via a refundable tax credit. The credit phases out for families with income higher than $400,000 per year.

Sec. 9642: Credit for Sick Leave For Certain Self-Employed Individuals
Allows self employed individuals to receive a tax credit for sick day related to COVID-19 from April 1, 2021 through September 30, 2021, including getting tested, quarantining, illness, and getting the vaccine. The number of days is capped at 10 and its capped at $200 per day. (=$2,000)

Sec. 9643: Credit For Family Leave For Certain Self-Employed Individuals
Allows self employed individuals to receive a refundable tax credit for family leave for COVID-19 testing, illness, or vaccines. It’s capped at 60 days and $200 per day (=$12,000)

Bills

H.R.4 - John R. Lewis Voting Rights Advancement Act of 2021

Sponsor: Rep. Terri Sewell (D-AL)

S.2747 - Freedom to Vote Act

Sponsor: Sen. Amy Klobuchar (D-MN)

H.R.5746 - Freedom to Vote: John R. Lewis Act

Sponsor: Rep. Donald Beyer (D-VA)

Audio sources

Sen. Kyrsten Sinema. Jan 13, 2022. “Senator Sinema Announces Opposition to Changing Filibuster Rules.” C-SPAN.

Sen. Krysten Sinema: I rise at a challenging divisive time for our nation. For years, America's politics have spiraled steadily downward into increasingly bitter tribal partisanship and our democracy has been strained. While that may sound abstract, it is a problem that hurts Americans in real, tangible ways. These deepening divisions hurt our ability to work together to create new job opportunities, protect the health and safety of our communities and country and to ensure everyday families get ahead. Our country's divisions have now fueled efforts in several states that will make it more difficult for Americans to vote and undermine faith that all Americans should have in our elections in our democracy. These state laws have no place in a nation whose government is formed by free, fair and open elections. I share the concerns of civil rights advocates and others I've heard from in recent months about these state laws. I strongly support those efforts to contest these laws and court and to invest significant resources into these states to better organize and stop efforts to restrict access at the ballot box. And I strongly support and will continue to vote for legislative responses to address these state laws, including the freedom to vote Act, and the John Lewis voting rights Advancement Act that the Senate is currently considering. And while I continue to support these bills, I will not support separate actions that were sent the underlying disease of division infecting our country. The debate over the Senate 60 vote threshold shines a light on our broader challenges. There is no need for me to restate my long standing support for the 60 vote threshold to pass legislation. There's no need for me to restate its role protecting our country from wild reversals and federal policy. Eliminating the 60 vote threshold will simply guarantee that we lose a critical tool that we need to safeguard our democracy from threats in the years to come. Our mandate, it seems evident to me work together and get stuff done for America.

Cover Art

Design by Only Child Imaginations

Music Presented in This Episode

Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)

Since the beginning of December, news outlets around the world have been covering a possible Russian invasion of Ukraine. In this episode, get the full back story on the civil war that has been raging in Ukraine since 2014, learn what role our government has played in the conflict, and hear Victoria Nuland - one of the highest ranking officials in the Biden administration's State Department - testify to the Senate Foreign Affairs Committee about the Biden administration's plans if Russia decides to use its military to invade Ukraine.

Please Support Congressional Dish – Quick Links

• Contribute monthly or a lump sum via PayPal
• Support Congressional Dish via Patreon (donations per episode)
• Send Zelle payments to: Donation@congressionaldish.com
• Send Venmo payments to: @Jennifer-Briney
• Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com
• Use your bank’s online bill pay function to mail contributions to: 5753 Hwy 85 North, Number 4576, Crestview, FL 32536.

Please make checks payable to Congressional Dish

Thank you for supporting truly independent media!

Background Sources

Recommended Congressional Dish Episodes

CD231: Lights Out: What Happened in Texas?

CD229: Target Belarus

CD206: Impeachment: The Evidence

CD186: National Endowment for Democracy

CD167: Combating Russia (NDAA 2018) LIVE

CD156: Sanctions – Russia, North Korea & Iran

CD068: Ukraine Aid Bill

CD067: What Do We Want In Ukraine?

CD024: Let’s Gut the STOCK Act

Articles, Documents, and Websites

Conflicted Congress. Insider.

TurkStream. “Project: The Turkstream Pipeline.”

Western Balkans Investment Framework. “Ionian-Adriatic Pipeline (IAP) Project Financing.”

Amber Infrastructure Group. “About Us: Our People.”

Three Seas. “Three Seas Story.”

Three Seas. “Priority Projects.”

State Property Fund of Ukraine. “Large Privatization.”

State Property Fund of Ukraine. “How to buy.”

State Property Fund of Ukraine. “Ukrainian Government Assets for Sale.”

Stephanie. December 14, 2021. “Kiev mayor Klitschko warns of Russian invasion.” News in 24.

Kenny Stancil. December 13, 2021. “Groups Move to Uncover Why Biden Held Huge Drilling Sale That DOJ Said Was Not Required.” Common Dreams.

The Kremlin. December 7, 2021. “Meeting with US President Joseph Biden.”

Maxine Joselow and Alexandra Ellerbeck. December 6, 2021. “Biden is approving more oil and gas drilling permits on public lands than Trump, analysis finds.” The Washington Post.

Medea Benjamin and Nicolas J. S. Davies. November 23, 2021. “The US-Russia Confrontation Over Ukraine.” Consortium News.

International Monetary Fund (IMF). November 22, 2021. “IMF Executive Board Completes First Review Under Stand-By Arrangement for Ukraine, Approves Extension of the Arrangement, Press Release No. 21/342.”

Nathan Rott. November 17, 2021. “The Biden administration sold oil and gas leases days after the climate summit.” NPR.

Anatol Lieven. November 15, 2021. “Ukraine: The Most Dangerous Problem in the World.” The Nation.

John Vandiver and Alison Bath. November 12, 2021. “US Actions in Ukraine Backfiring as Risk of Russian Invasion Grows, Analysts Say.” Military.com

Andrew E. Kramer. November 3, 2021. “Weapons Tracing Study Implicates Russia in Ukraine Conflict.” The New York Times.

Anton Troianovski and Julian E. Barnes. November 2, 2021. “U.S.-Russia Engagement Deepens as C.I.A. Head Travels to Moscow.” The New York Times.

Anton Troianovski and David E. Sanger. October 31, 2021. “Rivals on World Stage, Russia and U.S. Quietly Seek Areas of Accord.” The New York Times.

David E. Sanger. October 25, 2021. “Ignoring Sanctions, Russia Renews Broad Cybersurveillance Operation.” The New York Times.

Artin DerSimonian. October 19, 2021. “Ice breaking? Russia waives ban on Victoria Nuland.” Responsible Statecraft.

Andrew E. Kramer. October 18, 2021. “Russia Breaks Diplomatic Ties With NATO.” The New York Times.

Mark Episkopos. October 16, 2021. “Victoria Nuland’s Mission to Moscow.” The National Interest.

Reuters. September 10, 2021. “Russia and Belarus launch 'hot phase' of huge war games.”

Antony Blinken. August 20, 2021. “Imposition of Sanctions in Connection with Nord Stream 2.” U.S. Department of State.](https://www.state.gov/imposition-of-sanctions-in-connection-with-nord-stream-2/)

Paul Belkin and Hibbah Kaileh. July 1, 2021. “In Focus: The European Deterrence Initiative: A Budgetary Overview, IF10946.” Congressional Research Service.

Henrik B. L. Larsen. June 8, 2021. “Why NATO Should Not Offer Ukraine and Georgia Membership Action Plans. War on the Rocks.

NATO. April 26, 2021. “Boosting NATO’s presence in the east and southeast.”

David E. Sanger and Andrew E. Kramer. April 15, 2021. “U.S. Imposes Stiff Sanctions on Russia, Blaming It for Major Hacking Operation.” The New York Times.

The White House. April 15, 2021. “FACT SHEET: Imposing Costs for Harmful Foreign Activities by the Russian Government.”

The White House. April 15, 2021. “Executive Order on Blocking Property with Respect to Specified Harmful Foreign Activities of the Government of the Russian Federation.”

Reutuers. April 13, 2021. “NATO, not Russia, will decide if Ukraine joins, Stoltenberg says.”

Vladimir Isachenkov. April 9, 2021. “Kremlin says it fears full-scale fighting in Ukraine’s east.” AP News.

Civil.ge. January 20, 2021. “Secretary-designate Blinken Says NATO Door Shall Remain Open to Georgia.”

Hans M. Kristensen and Matt Korda. January 12, 2021. “Nuclear Notebook: United States nuclear weapons, 2021.” The Bulletin.

Andrew Feinberg. January 9, 2021. “Two years after his infamous phone call with Trump, Zelensky comes to Washington.” The Independent.

David E. Sanger, Nicole Perlroth and Julian E. Barnes. January 2, 2021. “As Understanding of Russian Hacking Grows, So Does Alarm.” The New York Times.

David E. Sanger, Nicole Perlroth and Eric Schmitt. December 14, 2020. “Scope of Russian Hacking Becomes Clear: Multiple U.S. Agencies Were Hit”. The New York Times.

Mark Episkopos. November 11, 2020. “Ukraine’s Power Play on Minsk.” The National Interest.

Government Accountability Office. October 21, 2020. “Crude Oil Markets: Effects of the Repeal of the Crude Oil Export Ban, GAO-21-118.”

Anthony B. Cavender, Thomas A. Campbell, Dan LeFort, Paul S. Marston. December 23, 2015. “U.S. Repeals Longstanding Ban on Export of Crude Oil.” Pillsbury Law.

Robert Parry. July 15, 2015. “The Ukraine Mess That Nuland Made.” Truthout.

Robert Parry. March 19, 2015. “Ukraine’s Poison Pill for Peace Talks.” Consortium News.

“Full text of the Minsk agreement” February 12, 2015. Financial Times.

NATO. May 8, 2014. “Article 23.” Bucharest Summit Declaration

Seumas Milne. April 30, 2014. “It's not Russia that's pushed Ukraine to the brink of war.” The Guardian.

David Morrison. Updated May 9, 2014. “How William Hague Deceived the House of Commons on Ukraine.” HuffPost.

US Energy Information Administration. March 15, 2014. “16% of Natural Gas Consumed in Europe Flows Through Ukraine.” Energy Central.

Robert Parry. February 27, 2014. “Cheering a ‘Democratic’ Coup in Ukraine.” Common Dreams.

“Ukraine crisis: Transcript of leaked Nuland-Pyatt call.” February 7, 2014. BBC News.

Adam Taylor. December 16, 2013. “John McCain Went To Ukraine And Stood On Stage With A Man Accused Of Being An Anti-Semitic Neo-Nazi.” Insider.

Brian Whelan. December 16, 2013. “Far-right group at heart of Ukraine protests meet US senator.” Channel 4 News.

Guardian staff and agencies. December 15, 2013. “John McCain tells Ukraine protesters: 'We are here to support your just cause.'” The Guardian.

International Monetary Fund (IMF). October 31, 2013. “Statement by IMF Mission to Ukraine, Press Release No. 13/419.”

Carl Gershman. September 26, 2013. “Former Soviet States Stand Up to Russia. Will the U.S.?” The Washington Post.

Amanda Winkler. November 14, 2011. “'60 Minutes' Exposes Congressional Insider Trading.” The Christian Post.

Images

USAID and Ukraine Privatization Fund

Bills

S.1605 - National Defense Authorization Act for Fiscal Year 2022
Sponsor: Sen. Scott, Rick [R-FL]

Audio Sources

President Biden White House Departure

December 8, 2021

President Biden briefly stopped and spoke with reporters as he departed the White House for an event in Kansas City, Missouri. He began by addressing the Omicron variant, saying that the Pfizer vaccine is showing encouraging results against the COVID-19 variant. When asked about Russian President Putin and Ukraine, President Biden said if Putin were to invade Ukraine, there “will be severe consequences.” He went on to say that putting U.S. troops on the ground in Ukraine is currently “not in the cards.” close Report Video Issue

Clips

• Biden: We hope by Friday, we're going to be able to say and announce to you that we're having meetings at a higher level, not just with us, but with at least four of our major NATO allies and Russia to discuss the future of Russia's concerns relative to NATO writ large. And whether or not we can work out any accommodations as it relates to bringing down the temperature along the eastern front.

• Biden: We have a moral obligation and a legal obligation to our NATO allies if they were to attack under Article Five, it's a sacred obligation. That obligation does not extend to NATO, I mean to Ukraine, but it would depend upon what the rest of the NATO countries were willing to do as well. But the idea of the United States is going to unilaterally use force to confront Russia invading Ukraine is not in the cards right now.

• Biden: Meeting with Putin. I was very straightforward. There were no minced words. It was polite, but I made it very clear, if in fact, he invades Ukraine, there will be severe consequences, severe consequences. Economic consequences, like none he's ever seen or ever had been seen in terms of ease and flows. He knows his immediate response was he understood that and I indicated I knew he would respond. But beyond that, if in fact, we would probably also be required to reinforce our presence in NATO countries to reassure particularly those on the Eastern Front. In addition to that, I made it clear that we would provide the defensive capability to the Ukrainians as well.

Hearing on U.S. Policy Toward Russia

Senate Committee on Foreign Relations
December 7, 2021

Victoria Nuland, the undersecretary of state for political affairs, testified at a Senate Foreign Relations Committee hearing on U.S. policy toward Russia. She addressed President Biden’s earlier call with Russian President Vladimir Putin and said that Russia would suffer severe consequences if it attacked Ukraine. Other topics included the use of sanctions if Russia invades Ukraine, the cooperation of NATO and U.S. allies, Russia’s use of energy during conflict, and the Nord Stream 2 Pipeline

• 00:20 Sen. Bob Menendez (D-NJ): As we meet here today Russia is engaged in one of the most significant troop buildups that we have seen along Ukraine's border. To nyone paying attention, this looks like more than posturing, more than attention seeking. The Kremlin's actions clearly pose a real threat of war.

• 00:40 Sen. Bob Menendez (D-NJ): I want to be crystal clear to those listening to this hearing in Moscow, Kiev and other capitals around the world. A Russian invasion will trigger devastating economic sanctions the likes of which we have never seen before.

• 00:59 Sen. Bob Menendez (D-NJ): I proposed a suite of options last month in an amendment to the NDA. The Russian banking sector would be wiped out, sovereign debt would be blocked, Russia would be removed from the Swift payment system, sectoral sanctions would cripple the Russian economy. Putin himself as well as his inner circle would lose access to bank accounts in the West. Russia would effectively be cut off and isolated from the international economic system. Let me be clear, these are not run of the mill sanctions. What is being discussed is at the maximum end of the spectrum, or as I have called it the mother of all sanctions, and I hope that we can come together in a bipartisan way to find a legislative path forward soon, so that we can achieve that.

• 1:51 Sen. Bob Menendez (D-NJ): If Putin invades Ukraine the implications will be devastating for the Russian economy but also for the Russian people.

• 2:24 Sen. Bob Menendez (D-NJ): But is the Kremlin really ready to face a bloody, persistent and drawn out insurgency? How many body bags is Putin willing to accept?

• 6:03 Sen James Risch (R-ID): This is a clearly clearly bipartisan matter.

• 7:40 Victoria Nuland: First, let me review what we are seeing. Over the past six weeks, Russia has stepped up planning for potential further military action in Ukraine, positioning close to 100,000 troops around Ukraine's eastern and northern borders and from the south via the Crimean peninsula. Russian plans and positioning of assets also include the means to destabilize Ukraine from within, and an aggressive information operation and an attempt to undermine Ukrainian stability and social cohesion and to pin the blame for any potential escalation on Kiev, and on NATO nations including the United States. Russia's military and intelligence services are continuing to develop the capability to act decisively in Ukraine when ordered to do so, potentially in early 2022. The intended force, if fully mobilized, would be twice the size of what we saw last spring, including approximately 100 battalion tactical groups, or nearly all of Russia's ready ground forces based west of the Urals. We don't know whether President Putin has made a decision to attack Ukraine or to overthrow its government. But we do know he's building the capacity to do so.

• 10:42 Victoria Nuland: Since 2014 The United States has provided Ukraine with $2.4 billion in security assistance including $450 million this year alone

• 12:00 Victoria Nuland: Diplomacy remains the best route to settle the conflict in Donbas and address any other problems or grievances. The Minsk agreements offer the best basis for negotiations and the US is prepared to support a revived effort if the parties welcome that.

• 15:16 Victoria Nuland: You might have seen a press conference today that commission Chairwoman van der Laan gave in Brussels in which she made absolutely clear that the EU would also join in very consequential economic measures of the kind that they have not employed before.

• 23:26 Victoria Nuland: It's also important, I think, for President Putin to understand as the President conveyed to him today, that this will be different than it was in 2014. If he goes in you will recall then that our sanctions escalated somewhat gradually as he didn't stop moving. This time the intent is to make clear that the initial sanctions in response to any further aggressive moves in Ukraine will be extremely significant and isolating for Russia and for Russian business and for the Russian people.

• 24:51 Victoria Nuland: As you know, energy is the cash cow that enables these kinds of military deployments. So Putin needs the energy to flow as as much as the consumers need it. But more broadly, we have been counseling Europe for almost a decade now to reduce its dependence on Russian energy, including our opposition to Nord Stream 2 and our opposition to Nord Stream 1 and our opposition to to TurkStream and TurkStream 2 and to have come to find alternative sources of hydrocarbons but also to continue their efforts to go green and end their dependencies.

• 30:55 Sen. Todd Young (R-IN): President Putin and Foreign Minister Lavrov have repeatedly indicated that they seek to deny any potential path to NATO membership for Ukraine and other Eastern European countries. Does the administration view this demand is a valid issue for negotiation? Victoria Nuland: No we do not and President Biden made that point crystal clear to President Putin today that the issue of who joins NATO is an issue for NATO to decide it's an issue for applicant countries to decide that no other outside power will or may have a veto or a vote in those decisions.

• 32:22 Jeanne Shaheen (D-NH): Senator Portman and I offered an amendment to this year's NDAA in that vein to increase military assistance and raise the amount of assistance that could go to lethal weapons.

• 33:21 Victoria Nuland: But we will not be shy about coming to you as we as we need support and the bipartisan spirit here is really gratifying.

• 34:08 Victoria Nuland: At the NATO ministerial last week, there was a commitment among allies that we needed more advice and more options from our NATO military authorities with regard to the consequences of any move by Russia deeper into Ukraine and what that would mean for the eastern edge of the alliance and what it would mean about our need to be more forward deployed in the east.

• 34:44 Jeanne Shaheen (D-NH): Belarus now that it is seems to be totally within Russia's control also presents another front for the potential for Russia to invade Ukraine. Can you speak to whether we view what's happening in Belarus in that way? I know that Ukrainians view it that way because we heard that when we were in Halifax for the international security forum and met with some Ukrainian officials. Victoria Nuland: Well, as as you know, Senator, the situation in Belarus is just tragic and really concerning in many, many ways, which is why the administration along with the European Union in a multilateral way increased sanctions just last week, including blocking the sale to us or to Europe of one of the great sources of Lukashenko has money potash, etc, and sanction some dozens more Belarusians responsible for the violence and intimidation there and particularly now for the weaponization of migrants pushing you know, accepting them from third countries and then pushing them against the EU's border in a very cynical and dangerous way. But I think you're talking about the potential as Lukashenko becomes more and more dependent on the Kremlin and gives up more and more of Belarus is sovereignty, something that he told his people he would never do that Russia could actually use Belarusian territory to march on Ukraine and or mask, its forces as Belarusian forces. All of those -- Those are both things that that we are watching, and it was particularly concerning to see President Lukashenko would make a change in his own posture with regard to Crimea. He had long declined to recognize Russia Russia's claim on Crimea, but he changed tack a week ago which is concerning.

• 39:08 Sen. Ron Johnson (R-WI): If there's one thing that Vladimir Putin aught to understand is how unified we are. I mean, there are many things that divide us politically in this country. But when it comes to pushing back on Russian aggression, supporting countries like Ukraine that are trying to develop their freedom, free themselves from their legacy of corruption from their former involvement with the Soviet Union, we are very strongly united.

• 39:56 Sen. Ron Johnson (R-WI): What we impose on them and how and how harmful it would be to Russia, you know, unfortunately to Russian people.

• 40:36 Victoria Nuland: What we're talking about would amount to essentially isolating Russia completely from the global financial system with all of the fallout that that would entail for Russian business, for the Russian people, for their ability to, to work and travel and trade.

• 41:41 Sen. Ron Johnson (R-WI): I can't think of a more powerful way to punish Russian aggression than by rolling back what progress has been made, and if at all possible, prevent the Nord Stream 2 from ever being completed. Is that something that is being discussed with allies is that something's being contemplated? Victoria Nuland: Absolutely. And as if, as you recall from the July U.S.-German statement that was very much in that statement that if that any moves, Russian aggression against Ukraine would have a direct impact on the pipeline, and that is our expectation and the conversation that we're having. Sen. Ron Johnson (R-WI): So again, direct impact is one thing, but I'm literally talking about rolling back the pipeline. Loosely define that but I mean, taking action that will prevent it from ever becoming operational. Victoria Nuland: I think if President Putin moves on Ukraine, our expectation is that the pipeline will be suspended. Sen. Ron Johnson (R-WI): Well, I certainly hope that the Senate Foreign Relations Committee would take up legislation to go beyond just suspending it but from ending it permanently.

• 44:28 Victoria Nuland: I think we can, and I know this is close to your heart as well, need to do better in our Global Engagement Center and in the way we speak to audiences around the world and particularly on these kinds of subjects.

• 55:04 Sen. Chris Murphy (D-CT): But something different has happened in that country since what has been referred to as the Revolution of Dignity. I got the chance to be there on the Maidan during the midst of that revolution with you and Senator McCain.

• 58:56 Sen. Chris Murphy (D-CT): The Three Seas Initiative is a really important initiative linking essentially the ring of countries that are either former republics or satellite states of the Soviet Union together. They're begging for US participation in their projects necessary to make them more energy independent of Russia. Isn't this an opportunity for the United States to step up and take some of these customers away from Russia's gas station? Victoria Nuland: Absolutely, as we have been doing with our support for more LNG terminals around Europe for many years, as we are doing now in our support for, you know, green alternatives, not just in the United States, but in Europe as well. And many, many US companies are involved with that. But that particular belt of three C's countries is absolutely crucial, as you've said.

• 1:11:19 Sen. Rob Portman (R-OH): I visited to Maidan in 2014. The tires were still smoldering and the Revolution of Dignity changed everything. You know, Ukraine decided to turn to us and to the West, and to freedom and democracy. And it was a momentous decision. They chose to stand with us. And now it's our turn to stand with them. And we've done that over the years. I mean, if you look at what happened with regard to the Ukraine security assistance initiative, which I co authored. Over the past six years, the United States has transferred defense articles, conducted training with Ukrainian military. We have been very engaged.

• 1:12:05 Sen. Rob Portman (R-OH): This week we have the NDAA likely to be voted on and likely it will include an increase in that lethal defensive funding.

• 1:12:14 Sen. Rob Portman (R-OH): What defensive weapons has Ukraine ask for and what is the State Department willing to provide them under an expedited process?

• 1:18:44 Sen. Tim Kaine (D-VA): My concern is this: if the United States and the West's response to a military invasion is sanctions, but no military response, obviously, we're providing military aid to Ukraine. And we've been generous in that way. But if we are not willing to help a Ukrainian military, that's 50,000 people matched up against Russia, I would think that China would conclude, boy, the West sure, I'm going to come to the aid of Taiwan, if we were to do something on Taiwan. Because China would conclude, we're much more militarily powerful than Russia is. And the status questions about Taiwan and sovereignty are a little bit murkier than those about Ukraine. And there's no NATO in the Indo Pacific, we have allies in the Indo Pacific but we don't have a NATO with a charter, with a self defense article. I think China would determine, if the West responds to a military invasion went as far as sanctions but no further, that the United States and other nations would be extremely unlikely to use military force to counter a military invasion of Taiwan. And I think Taiwan would likely conclude the same thing. So I'm very concerned about that. And I wonder, is that a fair concern that I have about how the Chinese and the Taiwanese would view the West's unwillingness to provide more significant military support to stop an invasion by Russia? Is my concern a fair one? Or is my concern overwrought? Victoria Nuland: Senator, in this setting, I would simply say that this is a moment of testing. And I believe that both autocrats around the world and our friends around the world will watch extremely carefully what we do, and it will have implications for generations. Sen. Tim Kaine (D-VA): And those and those implications could go far beyond Ukraine. Victoria Nuland: They could go well beyond Europe. Yes.

• 1:22:00 Sen. Marco Rubio (R-FL): Then I would imagine that he's already been publicly messaging what his asks are. The first is that we would pull back NATO forces from anywhere near their western border. The second is to completely rule out the admission probably not just of Ukraine, but Georgia as a member of NATO. And the third is to stop arming Ukraine. Of those three conditions that he's publicly messaged already, would the United States agreed to any of those three? Victoria Nuland: All of those would be unacceptable.

• 1:41:11 Victoria Nuland: And in fact you could argue that in the Donbas he did take control of some 40% of Ukraine's coal reserves which were a major energy input

• 1:42:04 Sen. Bob Menendez (D-NJ): I hope the one thing that anyone in the world who is watching this hearing today takes away is that even on some of the most contentious issues of the day, on this one, there is overwhelming, broad, bipartisan support for Ukraine there is overwhelming bipartisan support for its territorial integrity, there is overwhelming bipartisan support for swift and robust action. And after conversations with some of the members of the committee, I look to galvanize that in some tangible way legislatively as we wait for the days ahead as to what may or may not happen.

Ukrainian President Zelensky Meeting with Secretary Austin at the Pentagon

August 31, 2021

• Secretary Lloyd Austin: As you know sir, President Biden has approved a new $60 million security assistance package including Javelin anti-armor systems and more to enable Ukraine to better defend itself against Russian aggression.

• Secretary Lloyd Austin: Now this department is committed to strengthening our Strategic Defense Partnership. The US Ukraine strategic defense framework that Minister Tehran and I will sign today enhances our cooperation and advances our shared priorities, such as ensuring that our bilateral security cooperation continues to help Ukraine countering Russian aggression and implementing defense and defense industry reforms in support of Ukraine's NATO membership aspirations, and deepening our cooperation in such areas as Black Sea security, cyber defense and intel sharing.

Russian President Putin Annual Call-In Program

June 30, 2021

Russian President Vladimir Putin held his annual call-in question and answer session with citizens from around the country. During this 70-minute portion, he answered questions on relations with Ukraine, the European Union, and the United States, reiterating that whatever sanctions are imposed against Russia, his country’s economy will prevail.

Clips

• Putin: I have already said that it is impossible and it makes no sense to try to restore the Soviet Union by a number of reasons and looking at the demographic processes in a number of former Soviet republic, so it's unreasonable effort to do because we can face a lot of social problems that will be possible to resolve and some issues like the ethnic groups, in various regions, but what should we do about Russia itself without the geopolitical realities and about our internal development?

• Putin: Why is Ukraine not on the list of countries who are Russia's adversaries? Another question: are you going to meet with Zelensky? Well, why Ukriane is not on the list of adversaries? That's because I do not think that the Ukrainian people are our adversaries. I said it many times and I will say it again. The Ukrainians and Russians, that's one people, one nation.

• Putin: What I'm worried about is a fundamental thing. They are trying to open up military bases near or inside Ukraine. Making the territory of Ukraine, the territory that's close on the border with Russia a military platform for other countries is a threat to the security of Russia. And this is what worries us. This is what we have to think about.

Discussion: Foreign Affairs Issue Launch with Former Vice President Joe Biden Council on Foreign Affairs

January 23, 2018

Clips

• 00:06:15 Joe Biden: They cannot compete against a unified West. I think that is Putin’s judgment. And so everything he can do to dismantle the post-World War II liberal world order, including NATO and the EU, I think, is viewed as in their immediate self-interest.

• 00:24:15 Haass: In the piece, the two of you say that there’s no truth that the United States—unlike what Putin seems to believe or say, that the U.S. is seeking regime change in Russia. So the question I have is, should we be? And if not, if we shouldn’t be seeking regime change, what should we be seeking in the way of political change inside Russia? What’s an appropriate agenda for the United States vis-à-vis Russia, internally?

• 00:24:30 Biden: I’ll give you one concrete example. I was—not I, but it just happened to be that was the assignment I got. I got all the good ones. And so I got Ukraine. And I remember going over, convincing our team, our leaders to—convincing that we should be providing for loan guarantees. And I went over, I guess, the 12th, 13th time to Kiev. And I was supposed to announce that there was another billion-dollar loan guarantee. And I had gotten a commitment from Poroshenko and from Yatsenyuk that they would take action against the state prosecutor. And they didn’t. So they said they had—they were walking out to a press conference. I said, nah, I’m not going to—or, we’re not going to give you the billion dollars. They said, you have no authority. You’re not the president. The president said—I said, call him. (Laughter.) I said, I’m telling you, you’re not getting the billion dollars. I said, you’re not getting the billion. I’m going to be leaving here in, I think it was about six hours. I looked at them and said: I’m leaving in six hours. If the prosecutor is not fired, you’re not getting the money. Well, son of a bitch. (Laughter.) He got fired. And they put in place someone who was solid at the time.

Confirmation Hearing: Defense Secretary Confirmation Hearing

Senate Armed Services Committee
January 12, 2017

• 00:20:15 Sen. McCain: For seven decades, the United States has played a unique role in the world. We’ve not only put America first, but we’ve done so by maintaining and advancing a world order that has expanded security, prosperity, and freedom. This has required our alliances, our trade, our diplomacy, our values, but most of all, our military for when would-be aggressors aspire to threaten world order. It’s the global striking power of America’s armed forces that must deter or thwart their ambitions. Too many Americans, too many Americans seem to have forgotten this in recent years. Too many have forgotten that our world order is not self-sustaining. Too many have forgotten that while the threats we face may not have purely military solutions, they all have military dimensions. In short, too many have forgotten that hard power matters—having it, threatening it, leveraging it for diplomacy, and, at times, using it. Fairly or not, there is a perception around the world that America is weak and distracted, and that has only emboldened our adversaries to challenge the current world order.

Daily Briefing: Nuland Tape Press Conference

February 6, 2014.

Jen Psaki, State Department Spokesperson

• 0:19 Reporter: Can you say whether you—if this call is a recording of an authentic conversation between Assistant Secretary Nuland and Ambassador Pyatt? Jen Psaki: Well, I’m not going to confirm or outline details. I understand there are a lot of reports out there, and there’s a recording out there, but I’m not going to confirm a private diplomatic conversation. Reporter: So you are not saying that you believe this is a—you think this is not authentic? You think this is a— Psaki: It’s not an accusation I’m making. I’m just not going to confirm the specifics of it. Reporter: Well, you can’t even say whether there was a—that this call—you believe that this call, you believe that this recording is a recording of a real telephone call? Psaki: I didn’t say it was inauthentic. I think we can leave it at that. Reporter: Okay, so, you’re allowing the fact that it is authentic. Psaki: Yes. Reporter: “Yes,” okay. Psaki: Do you have a question about it?

Phone Conversation: Nuland-Pyatt Leaked Phone Conversation

February 4, 2014

• Nuland: Good. So I don’t think Klitsch [Vitali Klitschko] should go into the government. I don’t think it’s necessary, I don’t think it’s a good idea. Pyatt: Yeah, I mean I guess, in terms of him not going into the government, just sort of letting him stay out and do his political homework and stuff. I’m just thinking in terms of, sort of, the process moving ahead, we want to keep the moderate Democrats together. The problem is going to be Tyahnybok and his guys and I’m sure that’s part of what Yanukovych is calculating on all this. Nuland: I think Yatz [Arseniy Yatsenyuk] is the guy with the economic experience, the governing experience. He’s the guy. What he needs is Klitsch [Vitali Klitschko] And Tyahnybok On the outside, he needs to be talking to them four times a week. You know, I just think Klitsch [Vitali Klitschko] Going in he’s going to be at that level working for Yatsenyuk it’s just not gonna work. Pyatt: We want to get someone out here with and international personality to come out here and help to midwife this thing. And then the other issue is some kind of outreach to Yanukovych. We’ll probably regroup on that tomorrow as we see how things fall into place. Nuland: So on that piece, Jeff, I wrote the note, Sullivan’s come back to me saying “you need Biden,” and I said probably tomorrow for an attaboy and get the deeds to stick, Biden’s willing. Pyatt Great.

Press Conference: Senator John McCain on Ukraine at the Atlantic Council

C-SPAN
December 19, 2013.

• 00:16:45 McCain: If Ukraine’s political crisis persists or deepens, which is a real possibility, we must support creative Ukrainian efforts to resolve it. Senator Murphy and I heard a few such ideas last weekend—from holding early elections, as the opposition is now demanding, to the institution of a technocratic government with a mandate to make the difficult reforms required for Ukraine’s long-term economic health and sustainable development. Decisions such as these are for Ukrainians to make—no one else—and if they request our assistance, we should provide it where possible. Finally, we must encourage the European Union and the IMF to keep their doors open to Ukraine. Ultimately, the support of both institutions is indispensable for Ukraine’s future. And eventually, a Ukrainian President, either this one or a future one, will be prepared to accept the fundamental choice facing the country, which is this: While there are real short-term costs to the political and economic reforms required for IMF assistance and EU integration, and while President Putin will likely add to these costs by retaliating against Ukraine’s economy, the long-term benefits for Ukraine in taking these tough steps are far greater and almost limitless. This decision cannot be borne by one person alone in Ukraine. Nor should it be. It must be shared—both the risks and the rewards—by all Ukrainians, especially the opposition and business elite. It must also be shared by the EU, the IMF and the United States. All of us in the West should be prepared to help Ukraine, financially and otherwise, to overcome the short-term pain that reforms will require and Russia may inflict.

Discussion: Beyond NAFTA and GATT

C-SPAN
April 20, 1994

Arthur Dunkel, Director General of the UN

• 26:00:00 Dunkel: If I look back at the last 25 years, what did we have? We had two worlds: The so-called Market Economy world and the centrally planned world; the centrally planned world disappeared. One of the main challenges of the Uruguay round has been to create a world wide system. I think we have to think of that. Secondly, why a world wide system? Because, basically, I consider that if governments cooperate in trade policy field, you reduce the risks of tension – political tension and even worse than that.”

Cover Art

Design by Only Child Imaginations

Music Presented in This Episode

Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)

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.

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Background Sources

Recommended Congressional Dish Episodes

Essential Background Episodes

CD102: The World Trade Organization: COOL?

CD167: Combating Russia (NDAA 2018) LIVE

CD186: National Endowment for Democracy

CD187: Combating China

Rabbit Hole Episodes

CD041: 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 Relations

Maureen 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 China

100% 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 Law

Guy 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 Opponents

Felix 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 Protests

Paz 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 Nicaragua

About ForeignAssistance.gov

National Endowment for Democracy Grants Awarded to Fundacion Nicaraguense para el Desarrollo Economico y Social

National Endowment for Democracy Grants Awarded to Instituto de Estudios Estrategicos y Politicas Publicas

Associated 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.

Laws

S. 1064: RENACER Act

Sponsor: Senator Bob Menendez (D-NJ)

Passed by Voice Vote in the Senate
November 3, 2021 House Vote Breakdown

Law Outline

Sec. 2: Sense of Congress

• "Congress unequivocally condemns the politically motivated and unlawful detention of presidential candidates Cristiana Chamorro, Arturo Cruz, Felix Maradiaga, and Juan Sebastian Chamorro."
• "Congress unequivocally condemns the passage of the Foreign Agents Regulation Law, the Special Cybercrimes Law, the Self Determination Law, and the Consumer Protection Law by the National Assembly of Nicaragua..."

Sec. 3: Review of Participation of Nicaragua in Dominican Republic-Central America-United States Free Trade Agreement

• "The President should review" the continued participation of Nicaragua in the agreement.
  • The authority listed is Article 21.2 of the agreement that says, "Nothing in this agreement shall be construed... to preclude a Party from applying measures that it considers necessary for the fulfillment of its obligations with respect to the maintenance or restoration of international peace or security, or the protection of its own essential security interests."
  • President Trump issued an Executive Order on November 27, 2018 that said that the response to the protests that began on April 18, 2018 "and the Ortega regime's systematic dismantling and undermining of democratic institutions and the rule of law, its use of indiscriminate violence and repressive tactics against civilians, as well as its corruption leading to the destabilization of Nicaragua's economy constitutes an unusual and extraordinary threat to the national security and foreign policy of the United States."

Sec. 4: Restrictions on International Financial Institutions Relating to Nicaragua

• Directs the United States Executive Director at the World Bank, Inter-American Development Bank, and the International Monetary Fund to "increase scrutiny of any loan or financial or technical assistance provided for a project in Nicaragua" and "to ensure" that the loan or assistance is administered through an entity with full independence from the Government of Nicaragua.

Sec. 5: Targeted Sanctions to Advance Democratic Elections

• The Secretary of State and Secretary of Treasury, "in consultation" with the intelligence community, "shall develop and implement a coordinated strategy" for implementing targeted sanctions in order to "facilitate the necessary conditions for free, fair, and transparent elections in Nicaragua."
• Targets sanctions specifically at...
  • Officials in the government of President Daniel Ortega
  • Family members of Daniel Ortega
  • High ranking members of the National Nicaraguan Police
  • Members of the Supreme Electoral Council of Nicaragua
  • Officials of the Central Bank of Nicaragua
  • Party members and elected officials from the Sandinista National Liberation Front and their family members
  • Businesses that conduct "corrupt" financial transactions with officials in the government of President Daniel Ortega, his party, or his family.
• The sanctions are authorized by the 2018 law (outlined below) against "any foreign person" who, on or after April 18, 2018...
  • Used violence "or conduct" that "constitutes a serious abuse" against protestors
  • Taken "actions or policies" that undermine "democratic processes or institutions"
  • Any current or former government official that used "private or public assets for personal gain or political purposes"
  • Any current or former government official involved in corruption related to government contracts
  • Any current or former government official involved in bribery
  • Any current or former government official that transferred the proceeds of corruption
  • Arrested or prosecuted a person disseminating information to the public
• The sanctions include...
  • Asset blocking of "all property and interests in property" if they are in the United States, come within the United States, or come within the possession or control of a "United States person."
  • Exclusion from the United States and revocation of visas and other documents.
• Anyone who "violates, attempts to violate, conspires to violate, or causes a violation" of sanctions can be hit with a civil penalty of a $250,000 maximum fine or up to twice the amount of sanctions violating transaction and/or a criminal penalty of up to $1 million or up to 20 years in prison.

Sec. 6: Developing and Implementing a Coordinated Sanctions Strategy with Diplomatic Partners

• Requires the Secretary of State to coordinate with other countries - specifically Canada, members of the European Union, and governments in Latin America and the Caribbean - to impose the sanctions together "in order to advance democratic elections in Nicaragua."

Sec. 7: Inclusion of Nicaragua in List of Countries Subject to Certain Sanctions Relating to Corruption

• Adds Nicaragua to an annual report that gets submitted to Congress. The people identified in the report who are accused of corruption in regards to government contracts, bribery, extortion, money laundering, or "violence, harassment, or intimidation directed at governmental or non governmental corruption investigators" will have their visas revoked and be prohibited from entering the United States.

Sec. 9: Classified Report on the Activities of the Russian Federation in Nicaragua

• The Department of State - working with intelligence officials - will submit a classified report to Congress within 90 days about...
  • Cooperation between the Nicaraguan military and Russian military, intelligence, security forces, law enforcement, and Russian security contractors.
  • Cooperation between Russia and Nicaragua in telecommunications and satellites
  • Economic cooperation, specifically in banking
  • Threats that cooperation between Russia and Nicaragua pose to "United States national interests and national security."

Sec. 12: Supporting Independent News Media and Freedom of Information in Nicaragua

• The Secretary of State, Administrator of USAID and the CEO of the United States Agency for Global Media will submit a report to Congress listing all media "directly or indirectly owned or controlled by President Daniel Ortega, members of the Ortega family, or known allies of the Ortega government" and it will access the extent to which Voice of America is reaching the Nicaraguan people.

Sec. 13: Amendment to Short Title of Public Law 115-335

• Renames the "Nicaraguan Human Rights and Anticorruption Act of 2018" the "Nicaragua Investment and Conditionality Act of 2018" or "NICA Act"

H.R. 1918: Nicaragua Human Rights and Anticorruption Act of 2018

Signed into law on December 20, 2018
Sponsor: Representative Ileana Ros-Lehtinen (R-FL)

Law Outline

Sec. 2: Sense of Congress on Advancing a Negotiated Solution to Nicaragua's Crisis

• Congress wanted the Catholic Church of Nicaragua to negotiate for early elections on behalf of "civil society", the student movement, private sector, and the "political opposition"
• Congress did like that the Government of Nicaragua was refusing to negotiate

Sec. 4: Restrictions on International Financial Institutions Relating to Nicaragua

• Forces the Treasury Secretary to instruct our representatives at the World Bank Group and Inter-American Development Bank to oppose "any loan or financial or technical assistance to the Government of Nicaragua for a project in Nicaragua."
  • We can support loans "to address basic human needs" or "promote democracy in Nicaragua"

Sec. 5 : Imposition of Targeted Sanctions with Respect to Nicaragua

• Authorizes sanctions against "any foreign person" who, on or after April 18, 2018...
  • Used violence "or conduct" that "constitutes a serious abuse" against protestors
  • Taken "actions or policies" that undermine "democratic processes or institutions"
  • Any current or former government official that used "private or public assets for personal gain or political purposes"
  • Any current or former government official involved in corruption related to government contracts
  • Any current or former government official involved in bribery Any current or former government official that transferred the proceeds of corruption
  • Arrested or prosecuted a person disseminating information to the public
• The sanctions include...
  • Asset blocking of "all property and interests in property" if they are in the United States, come within the United States, or come within the possession or control of a "United States person."
  • Exclusion from the United States and revocation of visas and other documents.
• Punishes anyone who "violates, attempts to violate, conspires to violate, or causes a violation" of sanctions with a civil penalty up to a $250,000 fine or up to twice the amount of sanctions violating transaction and/or a criminal penalty of up to $1 million or up to 20 years in prison.
• The asset blocking sanctions do not authorize the blocking of goods imports.

Sec. 6: Annual Certification and Waiver

• Allows the President to waive the travel restrictions and sanctions.

Sec. 10: Termination

• The sanctions authorized by this law expire on December 31, 2023.

Audio Sources

Kawsachun News - Nicaragua 2021 Election Observer Press Conference

November 10, 2021

• Moderator: I present Paul Pumphrey from Friends of the Congo.
  Paul Pumphrey: Here in Nicaragua, I saw a free and fair election. I talked to many people who were not a part of the Sandinistas party. And yet they themselves said they were willing to accept whatever result happened in the election.
  Moderator: Next we have Craig Pasta Jardula who is a journalist based in the United States.
  Craig Pasta Jardula: Mainly, I want to talk about the process, meaning the chain of custody, because that's something that we really saw that was great here in Nicaragua, it made this election a home run. The chain of custody is very strong here, including the fact that in Nicaragua, we have something that is awesome that a lot of countries need to adopt, which is where the vote is cast, it is counted, that ensures a strong chain of custody.
  Moderator: Next is Rick Cohn from Friends of Latin America.
  14:57 Rick Cohn: I want to speak just a little bit though a group of 11 of us went to Bilwi on the Caribbean coast. And in the United States, one of the things they'll use to say this election is fake, is that a high percentage of people voted, and a high percentage of people voted for the FSLN. And that can't happen, because American politicians that would never happen. Well, so I want to say something about why the voters told us they were voting. They told us that basically, they had two Category Four and Category Five hurricanes last year, and the government came and saved their lives, saved many, many lives. And, you know, people have trust in that government. And then the government came in and made sure the electric was up. In Puerto Rico from a year earlier, electric still isn't isn't working, because they, you know, are making money selling electric, but it still doesn't work. They told us they had new roofs put on almost immediately they were delivered. They told us that the schools were rebuilt. All of the schools were in good condition. Oh, the schools and some of them have new buildings. So we had a situation where they were very happy with the performance of the government. And that is why -- oh, they also told us they had one kilometer of road before the FSLN came into power from the neoliberal period, now they have 500 kilometers. And with 70 more kilometers, they'll be able to drive from all the way to Managua, which they've never been able to do in history. So they told us these things. And the FSLN party received the highest percentage of votes, but that's not strange, because they really support the government. They received 86.7% of the vote. You know, there's no way that's made up - it's not fake. It's where they're at. It is certainly the biggest deficiency in democracy in Nicaragua is the interference that there is so much interference from the US government and the media, and the censorship and the lies that they tell. That's the interference that's occurring in this election.
• 33:52 Rick Cohn: Corporate media like Facebook, well, all of the corporate media including Facebook and Twitter, but social media, are actually just part of the US system and they're contracted to provide information back and forth, they're actually an aspect of the government and they close 1000s of people's accounts, who are people, and I met some of them, they're actual people, and they close their accounts. And they weren't, you know, anyone who was saying anything other than the fact that they may have been supporting the Nicaraguan people or opposed to the the sanctions on Nicaragua.

AN INTERNATIONAL RESPONSE TO ORTEGA'S DESTRUCTION OF DEMOCRACY IN NICARAGUA

September 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:

• Emily Mendrala
  • Deputy Assistant Secretary of State at the Bureau of Western Hemisphere Affairs
• Laure Chinchilla
  • Former President of Costa Rica
  • Co-Chair at The Inter-American Dialogue
• Ryan Berg, PhD
  • Senior Fellow in the Americas Program at the Center for Strategic and International Studies (CSIS)
  • Oct. 2018 - Apr. 2021: Research Fellow at the American Enterprise Institute
  • Apr. 2018 - Oct. 2018: Research Consultant at The World Bank
  • July 2014 - Oct 2014: US State Department negotiator at the Organization of American States (OAS)
  • 2009: Intern for Paul Ryan
• Berta Valle
  • Wife of Felix Maradiaga

• Rep. Albio Sires (D-NJ): The regime has rounded up nearly every potential challenger to Ortega and has not even tried to hide these arrests and forced disappearances under the veneer of legality.

• 05:42 Rep. Albio Sires (D-NJ): Having written the NICA Act with Congresswoman Ileana Ros-Lehtinen (R-FL), I am frustrated that the International Monetary Fund recently provided $350 million to the regime. The IMF should not take Ortega's us word for it that these funds will be used to address the COVID pandemic.

• 06:53 Rep. Albio Sires (D-NJ): We should also begin preparing a number of severe diplomatic consequences, assuming Nicaragua's election in November becomes a coronation for Ortega. Nicaragua should be suspended under the International Democratic Charter on November 8, and its participation under the Central America Free Trade Agreement should be reconsidered.

• 10:39 Rep. Mark Green (R-TN): On November 7 a political farce will be held, claiming to resemble elections. No one should be fooled about the outcome -- any hope of unseating the socialist dictatorship is sitting inside of Ortega's prisons.

• 13:56 *Emily Mendrala: As you are well aware, the Ortega-Murillo government has carried out a ruthless crackdown over the past several months, canceling the registration of opposition parties, incarcerating journalists, opposition leaders, potential presidential candidates, students, private sector leaders and others who defend free and fair elections, attacking the free press, closing long standing NGOs that provide humanitarian and medical assistance to Nicaraguans in need.

• 15:06 Emily Mendrala: In the face of sham elections in Nicaragua, we and our international partners must continue to denounce and push back against the Ortega-Murillo government's anti-democratic rule as well as its use of Russian-inspired laws to carry out repression.

• 17:56 Emily Mendrala: Through USAID we continue to support Nicaraguan civil society, independent media and human rights defenders. Our continued support assures Nicaraguans that the outside world has not forgotten them.

• 19:06 Rep. Albio Sires (D-NJ): Are we using our voice? Is the administration using its voice and vote with international financial institution to oppose loans and other financial assistance to Ortega? Because I have to tell you, it's very upsetting to me that we do all this work here. We asked the administration to put sanctions on different people. And yet the IMF, which we probably contribute the largest amount of money, or if not, one of the largest amounts of money, they seem to just ignore what's going on in Nicaragua. And it has to -- I intend to write a letter to the IMF. And hopefully we'll have them before this committee, because this is not acceptable.

• 20:22 Emily Mendrala: We are using our voice and our vote and every opportunity in front of multilateral institutions to oppose lending to the Ortega-Murillo government. We will continue to use our voice, vote and influence to advocate against lending from international financial institutions to the Ortega-Murillo government and we will also continue to collaborate with international partners where appropriate: EU, Canada and others to do the same.

• 30:43 Rep. Joaquin Castro (D-TX): The upcoming November 7 elections will be neither free nor fair

• 1:04:30 Berta Valle: Even though Félix [Maradiaga] has dedicated his life to serving our country, the regime has charged him and others with a conspiracy to undermine national integrity. The government is alleging that Félix and others were part of a global conspiracy to use foreign resources, including from the US Agency for International Development, the International Republican Institute and the National Endowment for Democracy to harm the interests of the nation.

• 1:16:33 Ryan Berg: As well as November 7, I think we need to declare Nicaragua's elections illegitimate under current conditions.

• 1:27:16 Ryan Berg: Thank you, Congressman Green, for the question. Yes, the two countries that I would point out as extra-hemispheric actors who have have come into the hemisphere to shore up the Ortega regime are Russia and Iran. Russia, we've seen with a significant presence in Nicaragua for a while. Its increased its presence in past years, to an extent that I think should be very alarming for the US government. Not only does it have a number of port agreements with Nicaragua, and access to the Caribbean, where it can engage in anti access and area denial capabilities, potentially. But also in cyberspace. We saw recently the Russians and Nicaraguans sign a major agreement in the cyberspace, particularly to help the regime not only increase its domestic security apparatus, but to spy potentially on the opposition on our own citizens, and indeed, potentially on on other governments in Central America, depending upon the strength of the equipment transfers that we'll see in future. So they have a whole number or whole range of capabilities that they are developing within Nicaragua, that there are signals intelligence stations that are actually quite close to the US Embassy in Managua. And so that's that's Russia, Russia has an interest in shoring up this regime on the cheap. And I think Iran has approached the regime in a number of ways, most specifically, in offering partnerships to circumvent US sanctions architecture, in which it excels, because of the sanctions architecture that it has been under for so long. And we haven't seen as deep I would say, as a presence of the Iranians in Nicaragua, but it's it's there and it's also concerning. I think, in general, Congressman, part of the Ortega regime's plan for survival is to sort of recreate a situation of rivalry and enmity in Central America again, and lend a platform for major geopolitical competitors to the United States to increase their capabilities on the US doorstep and I think that's a significant aspect of this political, economic and social crisis here.

• 1:35:50 Rep. Albio Sires (D-NJ): If the Ortega regime moves ahead was stealing this November's elections the international community must come together to impose a very steep price.

John Bolton: Miami Dade College’s National Historic Landmark Freedom Tower

November 1, 2018

• John Bolton: The "Troika of Tyranny" in this hemisphere -- Cuba, Venezuela and Nicaragua -- has finally met its match.

• John Bolton: Today in this hemisphere we are also confronted once again, with the destructive forces of oppression, socialism and totalitarianism. In Cuba, Venezuela and Nicaragua, we see the perils of poisonous ideologies left unchecked.

Nicaraguan President Speech at the United Nations General Assembly

September 25, 2007

• 16:50 President Daniel Ortega: The General Assembly is simply a reflection of this world where a capitalist and imperialist minority is imposing global capitalism to impoverish the world continue to enslave us all and promote apartheid against Latin American immigrants and against African immigrants in Europe. This global capitalism is one beast and it has tentacles everywhere.

• 25:30 President Daniel Ortega: They have to understand once and for all, that just as they have managed to profit from privatizations that have given rise to these huge multi-nationals that then set up in developing countries, they say that they are helping us. No business person provides assistance, they simply go to earn as much money as they can, they don't go to invest. Developing countries are considered to be insecure countries, and we are simply being ransacked. If we compare the volume of riches that they're extracting from our countries -- the capitalists in developed countries I'm talking about -- through their major companies, the globalized multinationals. If we can compare that wealth with what the Latin American immigrants send back to their families from the U.S. or the Asian and African families in Europe send back to their families, it is a miserable amount compared to the volume of wealth that is extracted on a daily basis by these forms of institutionalized oppression.

• 28:30 President Daniel Ortega: These companies are simply using cheap labor. They are benefiting from clauses in free trade agreements. I've got us free trade, why not? Free trade for societies and nations. But clearly in that system, it's the law of the jungle the strongest will impose themselves on the rest. What well the world needs is fair trade. What the world demands is really a genuine change in the capitalist, globalized, imperialist economies, that is where we need to have a change. They have to change this concept that they have of a free market. They have to change the slant of these free trade agreements.

Nicaraguan Presidential Address to Congress

April 16, 1991

• 20:00 President Violetta Chamorro: My government is committed to radically reducing government intervention in the economy and the enormous bureaucratic apparatus that we have inherited. Our Congress approved a law that authorizes private banks to operate and encourages foreign investments and is studying the privatization law in order to convert government to businesses. We are rapidly advancing towards the establishment of a social market economy. Restrictions on prices and salaries must be lifted. Likewise, we have initiated a serious economic stabilization program accompanied by the corresponding tax reforms in order to discipline and improve and decrease public spending to encourage domestic production and to stimulate private domestic and foreign investment.

Cover Art

Design by Only Child Imaginations

Music Presented in This Episode

Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)

This 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.

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Background Sources

CD118: How to Get Your Name on the Ballot

Producer-recommended Sources

Kevin 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.”

Donate to Jill Stein

Music Presented in This Episode

Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)

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

• Contribute monthly or a lump sum via PayPal
• Support Congressional Dish via Patreon (donations per episode)
• Send Zelle payments to: Donation@congressionaldish.com
• Send Venmo payments to: @Jennifer-Briney
• Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com
• Use your bank’s online bill pay function to mail contributions to: 5753 Hwy 85 North, Number 4576, Crestview, FL 32536.

Please make checks payable to Congressional Dish

Thank you for supporting truly independent media!

Background Sources

Articles and Documents

Nicole 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.

• Jen’s Highlighted PDF

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 Profiles

Rep. 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

Images

Playa del Ray in the 1920s

2021 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.

Hearings

Southern California Oil Spill: Preparation response, ongoing risks, and potential solutions

California State Senate: Natural Resources and Water Committee
Thursday, October 28, 2021

Witnesses:

Chuck Bonham
Head of California Department of Fishing and Wildlife
Tom Cullen
Administrator of OSPR (Offshore Spill Prevention and Response)
Kim Carr
Mayor Pro Tem, City of Huntington Beach
Brian Nowicki
California Climate Policy Director at the Center for Biological Diversity
Pete Stauffer
Environmental Director for the Surfrider Foundation
Jennifer Lucchesi
State Lands Commission

Clips

• 3:44 Senator Henry Stern: But the pipeline that runs to Amplify and Beta Offshore’s platform is the source of the oil production that runs through the pipeline in question. That pipeline is in federal jurisdiction but it brings that produced oil onshore into the state waters and eventually on state lands.

• 21:05 Chuck Bonham: What we now know is about four and a half miles offshore, so in federal waters, there's a pipeline that runs from one platform, which is a collection of three platforms operated by a company called Beta Offshore, owned by a company called Amplify Energy. That last platform, Ellie, has a pipeline which delivers the product 17.7 miles inland, where the pipe comes on shore just below the Queen Mary more or less, to land based infrastructure. That pipe had a rupture in it. And we now know based on visual and diver and other evidentiary efforts, that about 4000 feet of that pipeline was moved about 105 feet off of center. And in that stretch is about a 13 inch horizontal, almost like a hairline fracture. If you could imagine a bone break in a pipe, which is, I think, about 13 inches in diameter, concrete on the outside and metal on the inside. That's the likely source of the leak.

• 22:25 Chuck Bonham: From the very beginning moments, all of us involved assumed a worse case. At that moment in time we had a planning number of a spill of about 3,134 Barrels which is 131,000 gallons rounding as a maximum worst case.

• 30:59 Chuck Bonham: A month later we now think the likely spill number is 24,696 gallons

• 41:13 Chuck Bonham: Fortunately given the size of the spill, there were not as many wildlife casualties as could have occurred during a higher migration cycle.
  1:25:47 Mayor Kim Carr: So starting off on Saturday, October 2, it's been brought up that yes, we did have a very large air show happening that day. About 1.5 million people were on the beach that day to see the Pacific Air Show. And around nine o'clock that morning, there were city personnel that heard an announcement on VHF channel 16 by the Coast Guard of a possible oil spill in the area, but nothing very specific. At that time, no major details, it wasn't anything to really worry about. By 10:30 in the morning, the Coast Guard had advised us that the spill was larger than originally thought. However, we didn't have a whole lot of information as to where the location of the spill was nor of the scope of the situation. By 11 o'clock that same day, the Coast Guard had announced that it was now going to be a major spill, and that the incident management team was being activated.

• 1:28:00 Mayor Kim Carr: At two o'clock, the Coast Guard had advised us that the oil spill would not be reaching the shores of Huntington Beach until Monday, October 4. And again, we didn't have a whole lot of information as to where the spill was. We knew it was off our coast, but we didn't know exactly where or exactly how large the spill was. But then interestingly enough, just a half hour later, we started to receive messages that there were boats that were experiencing oil damage just outside of the air show flight box. And so that became a concern for our city. So then we activated our fire crews, our hazmat team, or the oil spill response trailer and started to do the mitigation efforts. Then this is where it gets to be very, very interesting. At 2:45 the city was notified by the Newport Beach rescue vessel that there were private contractors conducting oil spill cleanups outside of the air show flight box.

• 1:32:42 Mayor Kim Carr: What we could have done better, what would have been an opportunity was perhaps if the Coast Guard had some sort of awareness, the night before or when that nine o'clock notification came through, we could have been even more proactive because as I said before, every hour during these crises matters.

• 1:34:00 Mayor Kim Carr: The Bolsa Chica Ecological Reserve was spared. The Talbert Marsh does have oil damage and again looking back, if we could have had maybe a few more hours notice, we probably could have mitigated that damage even more than what we did.

• 1:43:17 Brian Nowicki: Like all of you, we at the Center for Biological Diversity are heartbroken by every oil and seabird and are alarmed at the miles of marshes and coastline that will be poisoned for years by this bill. We're angry that yet again, the oil industry has proven its inability to contain its toxic pollution. The structure of pipeline funding to beach proves yet again, that every piece of fossil fuel infrastructure is yet another disaster waiting to happen. And there is a lot of that infrastructure in California. It's increasingly old, outdated in disrepair and poorly located, like the 40 year old pipeline that gave us this most recent spill, all of which makes it increasingly dangerous. Looking beyond the nine oil platforms and islands in state water, there are 23 platforms in federal waters off California. But the fact that those 23 platforms are a little farther from shore should not give us much comfort. First, because oil spills from those operations still end up in our water, our beaches and our wildlife. But also as we've heard today, further from shore also means longer stretches of aging and dangerously vulnerable infrastructure, like the 17 mile long pipeline we're discussing today are clean, reliable federal regulations to protect us from oil spills in federal waters. Federal regulators continue to prove that they are perfectly willing to allow those platforms to continue operating to the last drop of oil despite the mounting dangers of decaying infrastructure well beyond its intended lifespan, outdated drilling plans, numerous violations and insufficient bonds to pay for decommissioning.

• 1:45:15 Brian Nowicki: But I want to be clear that this is not a problem unique to offshore platforms. At the exact same time that 10s of thousands of gallons of oil were rolling up onto beaches and marshes in Orange County, there was an oil spill in Kern County that is now approaching 5 million gallons of fluid, a mixture of crude oil, toxic wastewater, that includes 600,000 gallons of crude. In fact, in just the last few years, there have been many oil spills in California greater than the spill off Huntington Beach. In the Cymric field alone there were three huge spills in 2019 at 550,000 gallons, 836,000 and 1.2 million gallons respectively. 159,000 in Midway in 2019, 250,000 at McKittrick in 2020. There is another ongoing spill at a separator plant in Cymric that has been leaking since 2003 and has reportedly released as much as 84 million gallons of fluid to date. Now these numbers reflect total combined volumes of crude and produced water and mud, which constitute a toxic mix. As state agencies have testified before this legislature in the past, these dangerous onshore oil operations have contaminated groundwater, land, and wildlife.

• 1:46:32 Brian Nowicki: After more than 150 years of the oil industry drilling at will in California, the oil is gone and the bottom of the barrel that's left is harder and more dangerous to extract. There's also some of the most carbon polluting crude in the world. With the easy stuff taken, the oil industry is in decline in California, with production down 68% since 1985. The only question is how much more damage will this dying industry do on its way out?

• 1:49:10 Pete Stauffer: Now with the oil deposit seen as far south as the Mexico border, there are concerns that San Diego wetlands are also being impacted. Moreover, while birds, fish and marine mammals have been the most visibly impacted, the full scale of the ecological damage will take some time to become clear. In the week since the spill event, the oil slick has transformed into an incalculable number of tar balls in the ocean, while tar balls typically float, they can also find their way into underwater sediment or near shore habitats where their impacts on ecological health and wildlife may persist for years or even decades.

• 1:52:51 Pete Stauffer: According to the federal government there have been at least 44 oil spills since 1969 that have each released more than 10,000 barrels of oil into US waters

• 2:02:36 Mayor Kim Carr: Just to give you an idea of how much TOT we do receive in Huntington Beach, we receive about $16 million a year. We don't receive anything from those offshore platforms, nothing. And as far as the drilling that we currently have here in Huntington Beach, it's less than $700,000 a year.

• 2:05:54 Brian Nowicki: What I can't say though, for sure is that it's going to take longer than one season to see what the full impacts are to the local wildlife. And of course, it is wetlands and marshes that often are the most difficult and take the longest to recover from the sorts of impacts.

• 2:21:11 Jennifer Lucchesi: In 1921, the legislature created the first tidelands oil and gas leasing program. The existing offshore leases the commission is responsible for managing today were issued over a 30 year period between 1938 and 1968. Importantly, I want to highlight a specific act in 1995. The Cunningham shell Act, which serves as a foundational law for the existing legacy oil and gas leases the commission currently manages. Importantly, this Act required the commission to issue oil and gas leases for term not based on years, but for so long as oil and gas is produced in paying quantities. Essentially, this means that Alessi can produce oil and gas pursuant to their state lease indefinitely as long as it is economic for them to do so.

• 2:58:13 Jennifer Lucchesi: For pipelines that are solely within state waters and under lease with the State Lands Commission, we require the pipelines to be externally and internally inspected annually. And we have engineers on staff that review those inspections and consult with the fire marshal as well with our federal partners on any type of remedial action that needs to happen based on the results of those inspections. For those pipelines that cross both federal and state waters our authority is more limited because the federal government's regulatory authority takes precedence. And PHMSA (Pipeline and Hazardous Materials Safety Administration) is the primary federal agency that regulates those interstate pipelines. They require inspections externally and internally every two years. And that's what this pipeline at issue was subjected to, the platform Elly pipeline.

• 03:01:20 Senator Dave Min: Let's say you have a pipe and the lease term ends. What powers do you have? What are the considerations you have to follow either statutory or contractually to renew those permits, issue a new permit? Or alternatively, do you have any leeway contractually, statutorily to end those permits prematurely and say, you know, we don't think that, you know, the upkeep is appropriate, you're violating certain provisions, we're just gonna take away your permit prematurely. Do you have any leeway like that? So I'm just trying to get a sense of your flexibility, both in issuing new right of way permits, but also yanking away existing permits.
  Jennifer Lucchesi: Certainly. So I can give an example of our lease compliance and enforcement actions most recently, with a pipeline that served platforms Hogan and Houchin in the Santa Barbara Channel. Those are two federal platforms in federal waters, that pipeline that served those platforms did cross into state waters and connected on shore. That pipeline lessee of ours was not compliant with our lease terms and the commission took action to terminate those leases based on non compliance and default in breach of the lease terms. And essentially, that did terminate production on those two federal platforms. And they are part of the eight federal platforms that BOEM just announced they were going to be looking at as part of a programmatic EIS for decommissioning. The Commission does not have the authority to unilaterally terminate an existing valid lease absent any evidence of a breach or non compliance

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
October 18, 2021

Witnesses:

Dr. Michael H. Ziccardi
Director, Oiled Wildlife Care Network
Executive Director, One Health Institute, School of Veterinary Medicine, UC Davis
Scott Breneman
Commercial Fishing, Retail Market, and Restaurant Owner Newport Beach, CA
Vipe Desai
Founding Member, Business Alliance for Protecting the Pacific Coast
Dr. David L. Valentine
Norris Presidential Chair, Earth Science Professor of Marine Science, UC Santa Barbara

Clips

• 15:44 Rep. Katie Porter: As of October 10, workers had recovered 250,000 pounds of oily debris and 14 barrels full of tar balls from the Orange County shorelines. That is a small fraction, though, of the oil that was released, most of which is being distributed in the ocean, making its way into the food chain or falling to the ocean floor. Some of that oil is now heading south. And we will not learn the long term consequences on the environment for many years to come.

• 17:39 Rep. Katie Porter: The witnesses here with us today will reveal a different kind of subsidy for oil and gas companies, an involuntary subsidy that occurs when the community bears the costs of oil drilling’s pollution. When a locally owned business like Mr Brennaman that has been in the family for four generations loses tens of thousands of dollars because of the leak. That's his subsidies to oil and gas. When a hotel loses its bookings overnight. That's its subsidy for oil and gas. When the fragile decades-long effort to recover a species under the Endangered Species Act is finally showing progress, but an oil spill puts it all at risk. That's a cost of oil and gas to these subsidies and so many others are the reasons that oil wells like the ones behind this leak are still active. Getting rid of the subsidies is the first step to get rid of the problem.

• 27:52 Rep. Mike Levin (D-CA): We know that the spill was not reported by the responsible oil company until the next day, despite the company's knowledge. We also know that Orange County residents recognize that there was a problem in part due to the smell caused by this bill and actually reported it before the oil company did so, clearly something wrong with that.

• 28:35 Rep. Mike Levin (D-CA): In my congressional district, which is just the south of here, the spill shutdown businesses and beaches in Dana Point in San Clemente. Tarballs that are likely caused by the spill have also been found as far south in my district as Oceanside, Carlsbad, Encinitas and Del Mar in San Diego County.

• 29:03 Rep. Mike Levin (D-CA): It'll come as no surprise that more than $2 billion in wages and $4 billion in gross domestic product are generated by Orange County's ocean and marine economy, including tourism. So we have a lot to lose every time there's a spill, not just to our beaches but to our economy.

• 39:30 Dr. Michael H. Ziccardi: In Birds, the primary issue we are concerned mostly about are the acute effects due to hypothermia. If you think of feathers almost as a dry suit in animals, if oil gets on that dry suit, it creates a hole that allows cold water to seep next to the skin. Birds can get very cold in the environment and start to waste away, they have to come ashore to stay warm, but they can no longer eat. So these birds actually can waste away in a matter of days unless proactive capture occurs. There can also be chronic effects in animals as well due to printing of oil off of the feathers or ingestion in their food items. Those chronic effects can include, in essence, effects on every organ system in an animal's body from reproductive effects liver, kidney, respiratory tracts, depending on the dose and the exposure and the toxin itself.

• 42:50 Scott Breneman: We were fishing on Friday, October 1, and we were coming in the harbor and I detected a distinct odor of oil and it was about midnight we're heading in. Kind of search around the boat. I thought maybe it was a spill on the boat or a hose broke. I went in the engine room, searched all the hatches where I keep all my extra fluids and everything, didn't find anything. Come the next day the press released that there was an actual oil spill, and my fish sales and my fish market, once that was released, they dropped drastically down, 90% this past few weeks since it was released. I've seen the same effect -- my family's been fishing for four generations and in the 90s my dad went through the oil spill that was off Seal Beach, in our fish market, the same exact response from the public scared, worried the products contaminated. A huge ripple effect all the way up to the wholesalers I deal with outside of Orange County there. They had concerns from their customers, their restaurants. And to rebuild that business when it happened in the 90s, I watched my dad struggle for months to get back to back to where it was and it's...I’m seeing the same exact thing happen here. A couple of days after the oil spill they had closed Newport Harbor. And so my boat was actually trapped inside of the harbor so I wasn't even able to go service my accounts. And it's just been, to tell you the truth, a very difficult couple of weeks and I'm not sure how long this is going to last. I'm not sure how the public's going to respond to it long term if there's still going to have some fear that the fish is contaminated.

• 46:20 Vipe Desai: In fact between 2007 and 2018 there were over 7000 oil spills in federal waters, an average of about two every day.

• 46:50 Vipe Desai: The first impact came from the much anticipated Pacific Air Show. As oil began to wash ashore, beaches were deemed unsafe for activity. On Saturday October 2nd, 1.5 million visitors saw the show from Huntington Beach, but the show's triumphant conclusion on Sunday was cancelled with little fanfare. Cancellations hit hotels and resorts almost immediately and their surrounding retail and restaurants suffered. Wing Lam, co-founder of Wahoo’s Fish tacos, informed me that the Saturday before the oil spill felt like a busy summer day. But the following day, once word got out about the spill, it was a ghost town. In addition, as the spill moved south, their locations in Laguna Beach and San Clemente started to feel the impacts. Bobby Abdel, owner of Jack's Surfboards, had a similarly bleak weekend. He told me that once the oil spill was announced customer traffic plummeted. Their stores are facing a stockpile of unsold inventory from the US Open of Surfing and the Pacific Air Show. All nine of Jack's Surfboards locations were impacted in some form or another because of the spill. Later in the week, I received a call from a colleague, Wendy Marshall, a full time hard working mother of two who shared with me that her upcoming Airbnb reservations, a form of income to help her offset college tuition costs for her children, had mostly been cancelled. From Dana Point though dolphin and whale capital of the world and the first whale Heritage Site in the Americas. Giselle Anderson from local business Captain Dave's Dolphin and Whale Watching Safari shared losses from trips and bookings into November could be down as much as 74% because of the oil spill.

• 52:15 Dr. David L. Valentine: I want to invoke my privilege as a university professor to start with a little bit of a history lesson. Many people think that the largest spill in US history occurred in the Gulf of Mexico in 2010. This is not correct. The largest spill in US history occurred in California. It was not the October 2021 spill that we're here to talk about today. Nor was it the 2015 refugio beach pipeline rupture on the gaviota coast. It was not the 2007 Cosco, Busan spill and San Francisco Bay. And it was not the 1997 platform Irene pipeline rupture of Annenberg Air Force Base. It was not the 1990 American traders spill off the coast of Huntington Beach. It was not the 1969 platform, an oil spill off of Santa Barbara, the one that helped spawn the environmental movement. Nor was it the sinking of the SS Montebello, an oil freighter that was hit by a Japanese torpedo off the coast of Cambria and World War Two. It was called the Lakeview Gusher. It occurred in Kern County, and it's estimated to have released around 380 million gallons of oil over an 18 month period starting in 1910. And I tell you this bit of California history because it punctuates five important points. First, oil production carries inherent risk. Second, California has suffered more than its fair share of spills. Third, the size of a spill is only one factor in determining its impact. Fourth, responsiveness and context matter. And fifth, every spill is different and that includes the impacts.

• 54:24 Dr. David L. Valentine: For the current spill, I have honed in on three key modes of exposure that concern me most: floating oil slicks that can impact organisms living at or near the sea surface, coastline areas such as wetlands where oil can accumulate and persist, and the sea floor, where oil can easily hide from view but may still pose longer term risks. Among these three, the fate of impacts of submerged oil is especially relevant to California, is the least well understood, and requires additional research effort.

• 59:40 Rep. Katie Porter (D-CA): So recently I asked the Department of Interior about the specific kinds of subsidies that Beta Operating received. Beta is a subsidiary of Amplify Energy, and that's the company that owns the platforms and the pipelines that leaked off our coast. It turns out that they got nearly $20 million from the federal government, specifically because the oil wells are at the end of their lives and are not producing much oil, which makes them less profitable. So taxpayers are being asked to pay to encourage oil production in the Pacific Ocean by giving oil companies millions of dollars to do it.

• 1:00:39 Rep. Katie Porter (D-CA): Beta operating is in line to get another $11 million to drill for new wells off the coast because that $11 million is needed, in their words, “to make production economic.” So taxpayers are being asked to pay Beta to drill new wells. That means wells that would otherwise not be drilled without our taxpayer subsidy.

• 01:02:52 Dr. Michael H. Ziccardi: What we have found, during and after the Deepwater Horizon oil spill, is that dolphins can be significantly impacted by oil, primarily through inhalation of the fumes at the surface and ingestion of the oil substances themselves. What we found is that it affects their immune system, it affects their reproductive tract, and it affects their gastrointestinal tract, so very significant changes. And that's information that is just now starting to come out in the publications from the Deepwater Horizon incident.

• 1:06:51 Vipe Desai: Had this oil spill moved north, it would have impacted two of the busiest ports in the nation, which account for billions of dollars of goods flowing in and out of both ports of LA and Long Beach. And that would have had an even larger impact to other communities across the US.

• 1:08:21 Rep. Mike Levin (D-CA): The annual oil production off the coast of California is about 1/3 of what our nation produces in a single day. So it really is a drop in the bucket when you consider the overwhelming potential for economic damage for environmental damage, the risks simply aren't worth it.

• 1:09:34 Vipe Desai: California's ocean economy generates $54.3 billion in revenue and supports 654,000 jobs.

• 1:25:15 Dr. David L. Valentine: In Orange County, the areas that I would look at most closely as being especially vulnerable on the environmental side would be the wetland environments. Places like Talbert Marsh where oil can surge in with the tide. And it can get trapped in those environments and it can get stuck and it won't come back out when the tide recedes. Those are especially vulnerable because they're these rich, diverse ecosystems. They provide a whole host of different services, whether it's flyways, or fisheries, or in keeping the nutrient levels moderated in coastal waters. And that oil can stick there and it can have a long term impact. And furthermore, cleanup in those cases can be very difficult because getting into a marsh and trying to clean it up manually can cause as much damage as oil can cause.

• 1:26:24 Dr. David L. Valentine: And then the other environment that I worry a lot about is the environment we can't see, that is what's going on under the surface of the ocean. And in that case, we can have oil that comes ashore and then gets pulled back offshore but is now denser because it's accumulated sand and other mineral matter. And that can be sticking around in the coastal ocean. We don't really understand how much of that there is or exactly where it goes. And that concerns me.

• 1:29:18 Rep. Mike Levin (D-CA): But Dr. Valentine, how concerned Do you think California should be that companies that own the offshore platforms, wells and pipelines might go bankrupt and pass decommissioning costs on to taxpayers?
  Dr. David L. Valentine: I think that we need to be very concerned. And this is not just a hypothetical, this is already happening. There are two instances that I can tell you about that I've been involved with personally. The first stems from the pipeline 901 rupture, also known as the Refugio, a big oil spill that happened in 2015. When that pipeline ruptured, it prevented oil from being further produced from platform Holley, off the coast of Santa Barbara just a few miles from my home. That platform when it was completely shut in, all 30 wells, was unable to produce any oil and the company, a small operator, went bankrupt. And then shortly thereafter, they went bankrupt again. And this time, they just gave up and they did something called quit claiming their lease back to the state of California. Meaning that the plugin abandonment and property commissioning fell into the lap of the State of California in that case, and that is an ongoing, ongoing saga. The second example I would give you is in Summerland. In 1896, the first offshore oil wells in this country were drilled from piers in Summerland. Those have been leaking over the years. And as recently as last year, there were three leaky oil wells coming up in Summerland. The state of California has found money to try alternative plug in abandonment strategies because anything traditional is not going to work on something that is 125 some odd years old. So that would be the second example where this is now falling into the taxpayers lap yet again.

IMPACTS OF ABANDONED OFFSHORE OIL AND GAS INFRASTRUCTURE AND THE NEED FOR STRONGER FEDERAL OVERSIGHT

House Committee on Natural Resources: Subcommittee on Energy and Mineral Resources.
October 14, 2021

Witnesses:

Dr. Donald Boesch
Professor and President Emeritus, University of Maryland Center for Environmental Science
Dr. Greg Stunz
Endowed Chair for Fisheries and Ocean Health, and Professor of Marine Biology Harte Research Institute for Gulf of Mexico Studies Texas A&M University
Robert Schuwerk
Executive Director, North America Office Carbon Tracker Initiative
Ms. Jacqueline Savitz
Chief Policy Officer, Oceana

Clips

• 10:34 Rep. Pete Stauber (R-MN): I can certainly provide a summary of things that will help keep energy prices down: issue onshore and offshore lease sales; reinstate the Presidential permit for the Keystone XL Pipeline; renew our commitment to exporting American energy, instead of importing foreign energy; reform a broken permitting process; and stop burdening domestic producers.

• 16:08 Dr. Donald Boesch: Oil and gas production from wells in less than 1000 feet of water declined as fuels discovered in the 80s and even earlier were depleted. Crude oil production in these relatively shallow waters declined by over 90% both in the Gulf and and in Southern California. Natural gas production in the OCS, which mainly came from the shallow water wells, declined by 80%. Offshore fossil energy production is now dominated in the deep water off the Gulf of Mexico, up to 7500 feet deep. Deepwater production grew by 38% just over the last 10 years since the Deepwater Horizon disaster.

• 17:05 Dr. Donald Boesch: Since the lifting of the crude oil export ban in 2016, last year there was 78% more crude oil exported from Gulf terminals, exported overseas, than actually produced in the US OCS and three times as much natural gas exported, than produced offshore.

• 18:06 Dr. Donald Boesch: So, the depletion of shallow water gas has left this legacy of old wells and declining resources and the infrastructure requires decommissioning and removal. Much of this infrastructure is not operated by the original leaseholders, but by smaller companies with lesser assets and technical and operational capacity.

• 18:40 Dr. Donald Boesch: Off Southern California there are 23 platforms in federal waters, eight of which are soon facing decommissioning. In the Gulf, on the other hand, there are 18,162 platforms and about 1000 of them will probably be decommissioned within this decade.

• 19:46 Dr. Donald Boesch: According to the GAO, as you pointed out, there are 600 miles of active pipelines in federal waters of the Gulf, and 18,000 miles of abandoned plant pipelines. The GAO found the Department of the Interior lacks a robust process for addressing the environmental and safety risk and ensuring clean up and burial standards are met. And also monitoring the long term fate of these, these pipelines.

• 20:54 Dr. Donald Boesch: At recent rates of production of oil and gas, the Gulf’s crude oil oil reserves will be exhausted in only six or seven years. That is the proven reserves. Even with the undiscovered and economically recoverable oil that BOEM (Bureau of Ocean Energy Management) estimates in the central and western Gulf, we would run out of oil about mid century. So unless some miracle allows us to capture all of the greenhouse gases that would be released, we really can't do that and achieve net zero emissions, whether it be by resource depletion, governmental or corporate policy, or investor and stockholder decisions. Offshore oil and gas production is likely to see it see a steep decline. So the greenhouse gas emissions pathway that we follow and how we deal with the legacy and remaining infrastructure will both play out over the next decade or two.

• 25:16 Dr. Greg Stuntz: In fact, these decades old structures hold tremendous amounts of fish biomass and our major economic drivers. A central question is, how do these structures perform in relation to mother nature or natural habitat and I'm pleased to report that in every parameter we use to measure that success. These artificial reefs produce at least as well are often better than the natural habitat. We observe higher densities of fish, faster growth and even similar output. Thus, by all measures, these data show artificial reefs are functioning at least equivalent on a per capita basis to enhance our marine resources.

• 28:54 Rob Schuwerk: When a company installs a platform and drills well, it creates an ARO, an obligation to reclaim that infrastructure when production ends. This costs money. But companies aren't required to get financial assurance for the full estimated costs today. Money to plug in active wells today comes from cash flows from oil and gas production. But what happens when that stops? The International Energy Agency sees peak oil and gas demand as early as 2025. This will make it harder to pay for decommissioning from future cash flows. Decommissioning is costly. The Bureau of Safety and Environmental Enforcement (BSEE) data indicate that offshore AROs could range from $35 to over $50 billion while financial assurance requirements are about $3.47 billion. That is less than 10% of expected liability. The GAO believes these figures may actually underestimate the true costs of retiring the remaining deepwater infrastructure.

• 30:05 Rob Schuwerk: Only about a third of the unplug wells in the Gulf of Mexico have shown any production in the last 12 months. Why haven't the other two thirds already been retired? Because of uncertainty as to when to close and poor incentives. Infrastructure should be decommissioned when it's no longer useful. But the regulator has difficulty making that determination. This uncertainty explains why BSEE waits five years after a well becomes inactive to deem it no longer useful for operations with years more allowed for decommissioning. These delays increase the risk that operators will become unable to pay or simply disappear. We've seen this already with a variety of companies including Amplify Energy's predecessor Beta Dinoco off California and Fieldwood recently with Mexico.

• 30:55 Rob Schuwerk: There's also a problem of misaligned economic incentives. As it is virtually costless to keep wells unplugged, companies have no incentive to timely plug them. AROs are like an unsecured, interest free balloon loan from the government with no date of maturity. There's little incentive to save for repayment because operators bear no carrying cost and no risk in the case of default. If the ARO loan carried interest payments commensurate with the underlying non performance risk, producers would be incentivized to decommission non economic assets. The solution is simple, require financial assurance equivalent to the full cost of carrying out all decommissioning obligations. This could take the form of a surety bond, a sinking fund or some other form of restricted cash equivalent. If wells are still economic to operate, considering the carrying cost of financial assurance, the operator will continue production, if not they’ll plug. In either case, the public is protected from these costs.

• 32:11 Rob Schuwerk: A key risk here is operator bankruptcy that causes liabilities to be passed on to others. And we could see this in the recent Fieldwood bankruptcy. Fieldwood was formed in 2012 and in 2013 acquired shallow water properties from Apache Corporation. It went through chapter 11 bankruptcy in 2018, and then undeterred, acquired additional deepwater platforms from Noble Energy. Fieldwood returned to bankruptcy in 2020. It characterized the decommissioning costs it shared with Apache as among the company's most significant liabilities. The bankruptcy plan created new companies to receive and decommission certain idle offshore assets. If they failed, prior operators and lessors would have to pay. Several large oil and gas companies objected to this proposal. They were concerned that if Fieldwood couldn't pay they would. Ultimately the plan was proved. The case illustrates a few key dynamics. First, if bankrupt companies cannot pay, others, including taxpayers, will. How much of the possibly $50 billion in offshore decommissioning liability is held by companies that are only a dragged anchor, a hurricane a leaking pipeline or oil price shock away from default? And second, as detailed in my written testimony, private companies who face liability risks understand them better than the government does. When they transfer wells, they demand financial protections that are in fact greater than what the government requires today.

• 36:02 Jacqueline Savitz: Supplemental bonds are necessary to protect taxpayers from the risk of spills but BOEM is overusing the waiver provisions that allow a financial strength test to waive requirements for supplemental bonds. BOEM regulations require that lessees furnish a relatively small general bond and while BOEM has discretion to acquire supplemental bonds, it generally waives those. General bonds that lessees are required to furnish don't come close to covering the cost of decommissioning and haven't been updated since 1993. Since that year, the cost of decommissioning has gone up in part because development has moved into deeper waters, only about 10% of offshore oil production in the Gulf was in deepwater in 1993. But by 2014, that figure rose to 80%. Regulations need to be updated to ensure the federal government and taxpayers are not left picking up the tab on decommissioning. According to GAO, only 8% of decommissioning liabilities in the Gulf of Mexico were covered by bonds or other financial assurance mechanisms, with the other 92% waived or simply unaccounted for.

• 38:06 Jacqueline Savitz: BSEE does not conduct oversight over decommissioning activities underway and it does not inspect decommissioned pipelines so the Bureau can’t ensure that the industry has complied with required environmental mitigation.

• 38:17 Jacqueline Savitz: Leak detection technologies that the oil and gas industry touts as safer have not been proven to prevent major leaks. All pipelines in the Pacific region are reportedly equipped with advanced leak detection equipment. Though two weeks ago we saw exactly what can happen even with the so-called “Best Technology.”

• 42:00 Dr. Donald Boesch: In Hurricane Ida, all of a sudden appeared an oil slick, and it lasted for several days. And apparently it was traced to an abandoned pipeline that had not been fully cleared of all the residual oil in it so that all that oil leaked out during that incident.

• 47:59 Dr. Donald Boesch: One of the challenges though, is that this older infrastructure is not operating in the same standards and with the same capacity of those of the major oil companies that have to do that. So for example, when I noted that they detected this methane being leaked, they didn't detect it from the new offshore deepwater platforms which have all the right technology. It's in the older infrastructure that they're seeing.

• 54:14 Rob Schuwerk: There's actually one thing that exists offshore, joint and several liability, that only exists in certain jurisdictions onshore. So in some ways the situation onshore is worse. Because in some states like California you can go after prior operators if the current operator cannot pay, but in many jurisdictions you cannot. And our research has found that there is about $280 billion in onshore liability, and somewhere around 1% of that is covered by financial assurance bonds so, there is definitely an issue onshore rather than offshore.

• 55:04 Rob Schuwerk: The issue is just really giving them a financial incentive to be able to decommission. And that means they have to confront the cost of decommissioning and internalize that into their decision on whether continuing to produce from a well is economic or not. And so that means they need to have some kind of financial insurance in place that represents the actual cost. That could be a surety bond where they go to an insurer that acts as a guarantor for that amount. It could be a sinking fund, like we have in the context of nuclear where they go start putting money aside at the beginning, and it grows over time to be sufficient to plug the well at the end of its useful life. And there could be other forms of restricted cash that they maintain on the balance sheet for the benefit of these liabilities.

• 1:15:38 Jacqueline Savitz: Remember, there is no shortage of offshore oil and gas opportunity for the oil industry. The oil industry is sitting on so many, nearly 8.5 million acres of unused or non producing leases, 75% of the total lease acreage in public waters. They’re sitting on it and not using it. So even if we ended all new leasing, it would not end offshore production.

• 1:22:35 Rob Schuwerk: Typically what we'll see as well to do companies will transfer these assets into other entities that have less financial means and wherewithal to actually conduct the cleanup.
  Rep. Katie Porter: So they're moving once they've taken the money, they've made the profit, then they're giving away they're basically transferring away the unprofitable, difficult, expensive part of this, which is the decommissioning portion. And they're transferring that. Are they transferring that to big healthy companies?
  Rob Schuwerk: No, often they're transferring it to companies that didn't exist even just prior to the transfer.
  Rep. Katie Porter: You mean a shell company?
  Rob Schuwerk: Yes.
  Rep. Katie Porter: Like an entity created just for the purpose of pushing off the cost of doing business so that you don't have to pay it even though you've got all the upside. Are you saying that this is what oil and gas companies do?
  Rob Schuwerk: We've seen this, yes.
  Rep. Katie Porter: And how does the law facilitate this?
  Rob Schuwerk: Well, I suppose on a couple of levels. On the one hand, there's very little oversight of the transfer. And so there's very little restriction from a regulatory standpoint, this is true, offshore and also onshore. So we see this behavior in both places. And then secondary to that there are actions that companies can take in bankruptcy that can effectively pass these liabilities on to taxpayers eventually and so some of it is to be able to use that event, the new company goes bankrupt.

• 1:25:01 Rob Schuwerk: Certainly no private actor would do what the federal government does, which is not have a security for these risks.

MISUSE OF TAXPAYER DOLLARS AND CORPORATE WELFARE IN THE OIL AND GAS INDUSTRY

House Committee on Natural Resources: Subcommittee on Oversight and Investigations
May 19, 2021

Witnesses:

Laura Zachary
Co-Director, Apogee Economics & Policy
Tim Stretton
Policy Analyst, Project on Government Oversight (POGO)

Clips

• 27:10 Laura Zachary: There have long been calls for fiscal reforms to the federal oil and gas program. Compared to how states managed oil and gas leasing, the federal government forgoes at least a third of the revenue that could have been captured for taxpayers

• 27:25 Laura Zachary: On January 27 of this year, the Biden administration signed Executive Order 14008 that pauses issuing new federal oil and gas leases. And importantly, the language implies a temporary pause, only on issuing new leases, not on issuing drilling permits. This is a critical distinction for what the impacts of a pause could be. Very importantly, federal permitting data confirms that to date, there has been no pause on issuing drilling permits for both onshore and offshore. And in fact, since the pause began, Department of Interior has approved drilling permits at rates in line with past administrations.

• 37:08 Tim Stretton: Because taxpayers own resources such as oil and gas that are extracted from public lands, the government is legally required to collect royalties for the resources produced from leases on these lands. Project on Government Oversight’s investigations into the federal government's oversight of the oil, gas and mining industries have uncovered widespread corruption that allows industry to cheat U.S. taxpayers out of billions of dollars worth of potential income. Given the amount of money at stake and the oil and gas industry's history of deliberately concealing the value of the resources they've extracted with the intent of underpaying royalties, the government should be particularly vigilant in ensuring companies pay their fair share for the resources they extract.

• 46:28 Rep. Bruce Westerman (R-AR): We are here today for the majority's attempt, which I believe is more of a publicity stunt to criticize the oil and gas industry than to talk about real facts and data. The playbook is a simple one: recycled talking points to vilify the industry and to paint a distorted picture of so-called good versus evil. I'm sure that we'll hear more about corporate subsidies that aren't. We'll hear about unfair royalty rates that aren't and we'll hear many other meme worthy talking points that fail the logic test.

• 47:35_ Rep. Bruce Westerman (R-AR): What we're -really talking about today is an industry that provides reliable and affordable energy to our nation. This isan industry that contributes to almost 10 million jobs and plays a vital role in our daily lives. In fact, we cannot conduct virtual hearings like this without the fossil fuel industry. And of course, when myself and my colleagues travel to Washington, DC, we rely on this industry to fly or to drive here.

• 49:33 Rep. Bruce Westerman (R-AR): But they ignore the real world consequences of demonizing this industry. The results are devastating job loss and the loss of public education funding to name just a few.

• 54:05 Rep. Pete Stauber (R-MN): I also had a roundtable discussion and learned how New Mexico schools received nearly $1.4 billion in funding from oil and gas just last year.

• 55:08 Rep. Katie Porter (D-CA): Mr. Stretton, how long has your organization been conducting oversight of oil and gas production on federal lands?
  Tim Stretton: For decades, I mean, we started doing this work in the early 90s. And actually, some of our earliest work in the space was uncovering in excess of a billion dollars in unpaid royalties to your home state of California.
  Rep. Katie Porter (D-CA): And you mentioned, what are some of the patterns? You've been doing this for decades? What are some of the patterns that you observe over time?
  Tim Stretton: The oil and gas industry working with each other to really undervalue the resources they were selling, fraudulently telling the government the value of those resources, which left billions of dollars in unpaid revenue going to the federal government.

• 1:01:09 Rep. Paul Gosar (R-AZ): There are some people who have made environmentalism a religion. Rather than focus on solutions that can make lives better for people, some would prefer to vilify an industry that provides immeasurable benefits to people's livelihood in the function of modern day society.

• 1:04:21 Rep. Paul Gosar (R-AZ): The other side looks at globalism, you know this environmental movement globally. So it makes more sense to me at least and folks I come from that we produce it cleaner more efficiently than anybody else in the world. And so that geopolitical application, if you're an environmentalist, you would want more American clean oil and gas out there versus Russian dirty or Chinese dirty gas.

• 02:37:23 Rep. Blake Moore (R-UT): In January state education superintendents in Wyoming, Miami, North Dakota, Alaska, and Utah submitted a letter to President Biden outlining their concerns with the administration's oil and gas ban which has reduced funding used to educate our rising generation.

• 02:43:35 Rep. Yvette Herrell (R-NM): I'm glad to be able to highlight the true success story of the oil and gas industry in my home state of New Mexico. To put it simply, the oil and gas industry is the economic backbone of New Mexico and has been for decades. The industry employs 134,000 People statewide and provides over a billion dollars each year to fund our public education.

• 02:44:30 Rep. Yvette Herrell (R-NM): Many of my Democratic colleagues have stated that green energy jobs can replace the loss of traditional energy jobs, like the 134,000 Oil and Gas jobs in my state. Many also say that we need to be transitioning to a completely carbon free energy grid. Can you tell me and the committee why both of those ideas are completely fantasy?

Cover Art

Design by Only Child Imaginations

Music Presented in This Episode

Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)

The 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

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Background Sources

Recommended Congressional Dish Episodes

CD236: January 6: The Capitol Riot
CD235: The Safe Haven of Sanctions Evaders
CD160: Equifax Breach
CD105: Anthrax
CD098: USA Freedom Act: Privatization of the Patriot Act
CD048: The Affordable Care Act (Obamacare)

Patriot Act Overviews

Charles 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 Detention

Anna 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 Agencies

Ken 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 Expirations

Charlie 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.’”

Surveillance

Charlie 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 Impact

Commission 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 Laws

The Patriot Act

United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA Patriot Act) of 2001

House Vote
Senate Vote

Law Outline

TITLE I: ENHANCING DOMESTIC SECURITY AGAINST TERRORISM

Sec. 106: Presidential Authority

• Expanded the authority of the President to "investigate, regulate, or prohibit" financial transactions to include "any person, or with respect to any property, subject to the jurisdiction of the United States."
• Expanded the authority of the President to block transactions and property of "any person, or with respect to any property, subject to the jurisdiction of the United States" "during the pendency of an investigation".
• Expands the authority of the President to confiscate property "of any foreign person, foreign organization, or foreign country" when the US has been "attacked by a foreign country or foreign nationals" and the President can then decide what to do with that property "for the benefit of the United States."
• These provisions remain in current law as of 10/18/21

TITLE II: ENHANCED SURVEILLANCE PROCEDURES

Sec. 201: Authority to Intercept Wire, Oral, and Electronic Communications Relating to Terrorism

• Expands the list of suspected actions that can justify the Attorney General and some subordinates obtaining judicial permission for wiretaps (a list that has since been expanded further) to include terrorism related crimes.

Sec. 203: Authority to Share Criminal Investigate Information

• Allows grand jury information to be shared with "any Federal law enforcement, intelligence, protective, immigration, national defense, or national security official" if the matter involves "foreign intelligence or counterintelligence"
• The government official who receives the information has to notify the court that it got the information, but that notification can be in secret and they have to submit it "within a reasonable time after such disclosure", which is not defined.
• The government official who receives the information is authorized to share it with "any other Federal law enforcement, intelligence, protective, immigration, national defense, or national security official" if it includes "foreign intelligence or counterintelligence"
• The procedures for sharing the information was left up to the Attorney General to decide.

Sec. 205: Employment of Translators by the Federal Bureau of Investigation

• Authorizes the FBI to speed up the hiring of translators

Sec. 206: Roving Surveillance Authority Under the Foreign Intelligence Surveillance Act of 1978

• If a person is a "foreign power or an agent of a foreign power", the government can authorize wiretapping a "common carrier, landlord, custodian, or other specified person" if the court finds that the target is using communications that "may have the effect of thwarting the identification" of the target.

Sec. 207: Duration of FISA Surveillance of Non-United States Persons Who Are Agents of a Foreign Power

• The warrants can be issued for up to 120 days fi they are for targeting individuals and can be for up to a year if targeting a "foreign power"

Sec. 209: Seizure of Voicemail Messages Pursuant to Warrants

• Allows the government to seize the contents of voicemails using a warrant instead of a surveillance order, which is a faster method for authorization.

Sec. 210: Scope of Subpoenas For Records of Electronic Communications

• Expands the information that can be subpoenaed from telecom companies to include connection records, records of call times and duration, types of services used, telephone numbers, IP addresses, and method of payments included credit card or bank account numbers.
• This provision had no sunset.

Sec. 212: Emergency Disclosure of Electronic Communications to Protect Life and Limb

• Allows the telecom companies to provide customer data to the government if it "reasonably believes that an emergency involving immediate danger of death or serous physical injury to any person requires disclosure of the information with delay"
• Allows the telecom companies to provide customer data "to any person other than a governmental entity"
• Allows the government to require a telecom company to disclose customer records, which was previously an option decided by the telecoms.

Sec. 213: Authority for Delaying Notice of the Execution of a Warrant

• Allows the government to delay notifying their target about a warrant if they court finds that the notification "may have an adverse result" such as an individual fleeing prosecution, endangerment of someone's life, tampering with evidence, witness intimidation, or jeopardizing the investigation.
• This provision allowed "sneak and peek" warrants, which allowed the government to secretly enter - physically or electronically - a target's property to search, take pictures, copy documents, download files, etc. as long as they didn't take any property with them.
• This provision had no sunset.

Sec. 214: Pen Register and Trap and Trace Authority Under FISA

• Eliminates the requirements that trace devices only be applied to devices and facilities used by foreign persons, so that now they can be used on devices belonging to US citizens so long as the devices are likely to provide information related to a foreign intelligence investigation.

Sec. 215: Access to Records and Other items under the Foreign Intelligence Surveillance Act

• Authorizes the FBI to order "the production of any tangible items" for their investigations into international terrorism, as long as the investigation of a US citizen or company is "not conducted solely upon the basis of activities protected by the first amendment to the Constitution."
• The entity turning over the property can not tell anyone that they gave the FBI whatever they requested or tell anyone about the investigation's existence, and in return, the entity that produced the items "shall not be liable to any other person for such production."

Sec. 216: Modification of Authorities Relating to Use of Pen Registers and Trap and Trace Devices

• Requires that the court "shall" authorize the installation of trace devices "anywhere within the United States" if the court finds that the government has shown that the information likely obtained from the devices "is relevant to an ongoing criminal investigation." The order "shall apply to any personal or entity providing wire or electronic communication services in the United states"
• A record must be kept of which officers installed the device, the date and time it was installed and uninstalled, the date, times, and durations that the device is accessed for information, and the information collected from the device. The record must be provided to the court "under seal" within 30 days "after termination of the order".
• There was no sunset for this provision.

Sec. 217: Interception of Computer Trespasser Communications

• Allows companies to voluntarily request law enforcement monitoring of intruders on their networks and authorizes the government to intercept information transmitted by a "computer trespasser"

Sec. 219: Single-Jurisdiction Search Warrants for Terrorism

• Allows judges to issue search warrants outside of the districts where the property to be searched is located.
• There was no sunset for this provision.

Sec. 222: Assistance to Law Enforcement Agencies

• Requires that companies that help the government install tracing devices authorized by Section 216 on their network be "reasonably compensated for such reasonable expenditures incurred in providing such facilities or assistance."

Sec. 223: Civil Liability for Certain Unauthorized Disclosures

• If a court finds that an employee of the United States has disclosed information collected improperly, the government has to conduct a proceeding to determine if discipline is warranted. Damages can be awarded of at least $10,000 plus litigation costs.

Sec. 224: Sunset

• Sets an expiration date of December 31, 2005 for Sections 203(a), 203(c), 205, 208, 210, 211, 213, 216, 219, 221, and 222.

Sec. 225: Immunity for Compliance with FISA Wiretap

• Provides immunity to anyone who complies with a FISA wiretap, including private and government persons.

TITLE III: INTERNATIONAL MONEY LAUNDERING ABATEMENT AND ANTITERRORIST FINANCING ACT OF 2001

Subtitle A - International Counter Money Laundering and Related Measures

Sec. 311: Special Measures for Jurisdictions, Financial Institutions, or International Transactions of Primary Money Laundering Concern

• Authorizes the Secretary of the Treasury to require domestic financial institutions to maintain records and file reports, including personally identifiable information, about transactions in a location outside the United States or between foreign financial institutions.
• Authorizes the Secretary of the Treasury to prohibit or impose conditions upon accounts being opened in domestic financial institutions by people from foreign jurisdictions.

Sec. 312: Special Due Diligence for Correspondent Accounts and Private Banking Accounts

• Requires banks that open accounts for non-US citizens to investigate the background of the account opener or owner for money laundering red flags.

Sec. 313: Prohibition on United States Correspondent Accounts With Foreign Shell Banks

• Prohibits domestic financial institutions from opening or maintaining accounts for a foreign bank that doesn't have a physical presence in any country.

Sec. 314: Cooperative Efforts to Deter Money Laundering

• Orders the Secretary of the Treasury to write regulations that encourage law enforcement and financial institutions to share information about individuals, entities, and organizations, with a specific focus on charitable organizations, non-profit organizations, and nongovernmental organizations.
• A financial institution that shares information that "may involve terrorist acts or money laundering activities" can not be held liable "under any law or regulation of the United States" or of any state or contract and they can not be held liable for failing to inform their customer that their information was shared.

Sec. 315: Inclusion of Foreign Corruption Offenses as Money Laundering Crimes

• Expands what qualifies as "money laundering" to include "bribery of a public official, or the misappropriation, theft, or embezzlement of public funds by or for the benefit of public official" and some smuggling and firearm offenses.

Sec. 316: Anti-Terrorist Forfeiture Protection

• An owner of property that is confiscated under US laws that allow the seizure of assets of suspected international terrorists can contest that confiscation, but the government can use evidence against them to justify the confiscation that is "otherwise inadmissible under the Federal Rules of Evidence" if it finds that "compliance with the Federal Rules of Evidence may jeopardize the national security interests of the United States."

Sec. 319: Forfeiture of Funds in United States Interbank Accounts

• If funds are deposited by suspect into an account at a foreign bank that has an account in the United States, the money in that bank's account -up to the amount deposited in the target's account - can be held or seized from the bank's account.
• If a foreign bank doesn't terminate their relationship with the suspect, that foreign bank can be fined up to $10,000 per day until that relationship is terminated.
• If a convicted criminal hides their property, the court "shall" order other property up to the value of the missing property to be seized.

Sec. 320: Proceeds of Foreign Crimes

• Expands the government's power to seize property held inside the United States if the property was obtained via felony drug offenses if the offense would be punishable by death or more than one year in prison under the foreign nation's or the US's laws.

Sec. 323: Enforcement of Foreign Judgments

• The government can apply for and the courts can grant restraining orders to hold property that is the subject of investigations being conducted by foreign governments as long as the offense would have been illegal if committed in the United States. No one can object to the restraining order. The defendant is no longer required to have received notice of the proceedings in time to act but instead the foreign court has to "take steps" to notify the defendant.

Sec. 326: Verification of Identification

• The Secretary of the Treasury has to write regulations that require banks to verify the identity of their customers and check a list of suspected terrorists to make sure that those people are not trying to open accounts at their bank.

Sec. 328: Criminal Penalties

• Any official or employee of the US Federal Government, or any one who helps them, commit fraud on the United States "shall be fined in an amount not more than 3 times the monetary equivalent of the thing of value, or imprisoned for not more than 15 years, or both.

Subtitle B - Bank Secrecy Act Amendments and Related Improvements

Sec. 351: Amendments Relating to Reporting of Suspicious Activities

• Provides immunity to "any financial institution" that makes a voluntary disclosure of a possible violation of law to a government agency
• Prohibits the financial institution or anyone in it and the officers and employees of the Federal Government from notifying the customer that their suspicious transaction has been reported to the government.

Sec. 355: Authorization to Include Suspicions of Illegal Activity in Written Employment References

• Authorizes employees of "any insured depository institution" (which includes "any uninsured branch or agency of a foreign bank") to "disclose in any written employment reference" of a current or former employee information about "the possible involvement" of that person in "potentially unlawful activity."
• If the information is shared "with malicious intent", the institution sharing the information can be sued.

Sec. 358: Bank Secrecy Provisions and Activities of United States Intelligence Agencies to Fight International Terrorism

• Consumer reporting agencies "shall furnish a consumer report of a consumer and all other information in a consumer's file to a government agency authorized to conduct investigations of, or intelligence or counterintelligence activities or analysis related to, international terrorism when presented with a written certification by such government agency that such information is necessary" for the agency's investigation.
• The consumer reporting agency is not allowed to tell the consumer that the government requested the information or that the government received it.
• Provides immunity for a consumer reporting agency that complies with the government request.

Sec. 361: Financial Crimes Enforcement Network

• Transforms the Financial Crimes Enforcement Network (FinCEN) into a bureau in the Department of the Treasury.

Sec. 363: Increase in Civil and Criminal Penalties for Money Laundering

• The Secretary of the Treasury may impose civil money penalties equal to or more than 2 times the amount of the transaction but not more than $1 million on any financial institution that violates the money laundering laws and special measures.

Sec. 365: Reports Relating to Coins and Currency Received in Non-Financial Trade or Business

• Requires that any coin or currency transaction that is over $10,000 be reported to FinCEN. The reports must include the name and address of the recipient, the amount, the date and nature of the transaction, and the name of the person filing the report.
• This does not apply to any transaction if the entire transaction occurs outside of the United States.

Subtitle C - Currency Crimes and Protection

Sec. 371: Bulk Cash Smuggling Into or Out of the United States

• Creates the crime of "currency smuggling", which is when someone knowingly conceals more than $10,000 in currency or other monetary instruments on themselves or in their luggage or containers and transports it, or attempts to transport it, into or out of the United States.
• Punishment: Up to 5 years in prison and forfeiture of the money involved in the smuggling, or an equal amount from the suspect's personal belongings.

Sec. 373: Illegal Money Transmitting Businesses

• Anyone who "knowingly conducts, controls, manages, supervises, directs, or owns all or part of an unlicensed money transmitting business" can be imprisoned for 5 years, fined, or both.

Sec. 374: Counterfeiting Domestic Currency and Obligations

• Expands the definition and punishments for counterfeiting to include analog, digital, and electronic images.
• Lengthens prison sentences for a range of counterfeiting offenses.

Sec. 375: Counterfeiting Foreign Currency and Obligations

• Dramatically expands prison sentences for counterfeiting foreign currencies from single digit year sentences to 20-25 years.

Sec. 376: Laundering the Proceeds of Terrorism

• Expands the applicability of computer fraud offenses committed outside the United States if they involve devices issued by a company inside the United States, like a credit card, or if the defendant used any property within the United States to commit the crime.

TITLE IV: PROTECTING THE BORDER

Subtitle A - Protecting the Northern Border

Sec. 402: Northern Border Personnel

• Authorizes unlimited funds to triple the number of border patrol agents, customs agents, and INS inspectors on our northern border along with an additional $50 million to update technology.

Sec. 403: Access by the Department of State and the INS to Certain Identifying Information in the Criminal History Records of Visa Applicants and Applicants For Admission to the United States

• The Attorney General and the FBI will provide criminal history records to the State Department

Subtitle B - Enhanced Immigration Provisions

Sec. 411: Definitions Relating to Terrorism

• Adds being a representative of a foreign terrorist organization as designated by the Secretary of State or being a representative of an organization that publicly endorses terrorist activity to the grounds to denial of entry into the United States.
• If the endorsement of terrorist activity has occurred in the last five years, that person's spouse and children are also barred from entering the United States (this can be waived by the Attorney General if it can be proved that the spouse/children didn't know or has renounced the behavior).
• Defines "terrorist activity"
  • "To commit or to incite to commit under circumstances indicating an intention to cause death or serious bodily injury
  • To gather information on potential targets for terrorist activity
  • To solicit funds or other things of value for a terrorist activity, a terrorist organization (unless the solicitor can demonstrate that he did not know, and should not reasonably have known, that the solicitation would further the organization's terrorist activity).
  • To solicit any individual to engage in terrorist activity or membership in a terrorist organization (unless the solicitor can demonstrate that he did not know, and should not reasonably have known, that the solicitation would further the organization's terrorist activity).
  • To commit an act that the actor knows, or reasonably should know, affords material support, including a safe house, transportation, communications, funds, transfer of funds or other material financial benefit, false documentation or identification, weapons (including chemical, biological, or radiological weapons), explosives, or training for the commission of a terrorist activity, to any individual who the actor knows, or reasonably should know, has committed or plans to commit a terrorist activity, or to a terrorist organization (unless the actor can demonstrate that he did not know, and should not reasonably have known, that the act would further the organization's terrorist activity.)
• Defines a "terrorist organization"
  • A group designated, upon publication in the Federal Register, by the Secretary of State in consultation with or upon the request of the Attorney General, as a terrorist organization, after finding that the organization engages in "terrorist activity" or that the organization provides material support to further terrorist activity
  • A group of two or more individuals, whether organized or not, which engages in "terrorist activity"

Sec. 412: Mandatory Detention of Suspected Terrorists; Habeas Corpus; Judicial Review

• The Attorney General "may" certify that an "alien" is "engaged in any other activity that endangers the national security of the United States"
• An alien who is certified "shall" be taken into custody by the Attorney General
• "The Attorney General shall maintain custody of such an alien until the alien is removed from the United States... such custody shall be maintained irrespective of any relief from removal granted the alien, until the Attorney General determines that the alien is no longer an alien who may be certified"
• If the alien is finally determined to not be removable, detention "shall terminate" but an alien who has not been removed "and whose removal is unlikely in the reasonably foreseeable future, may be detained for additional periods of up to six months only if the release of the alien will threaten the national security of the United States or the safety of the community or any person."
• Judicial review of "any action or decision" relating to this section ("including judicial review of the merits of a determination") is available exclusively in habeas corpus proceedings. Outside of that, "no court shall have jurisdiction to review, by habeas corpus petition or otherwise, any such action or decision."
  • The habeas corpus proceedings that are allowed may be initiated only by an application filed with the Supreme Court, any circuit judge of the United States Court of Appeals for the District of Columbia, or "any district court otherwise having jurisdiction to entertain it."
  • The final order "shall be subject to review, on appeal, by the United States Court of Appeals for the District of Columbia Circuit. There shall be no right of appeal in such proceedings to any other circuit court of appeals."

Section 413: Multilateral Cooperation Against Terrorists

• Allows the Secretary of State to share information with other countries about "individual aliens" for the "purpose of preventing, investigating, or punishing acts that would constitute a crime in the United States"

Subtitle C - Preservation of Immigration Benefits for Victims of Terrorism

Sections 421-428: Provide leniency to immigrants who were either direct victims of 9/11 or whose US citizen spouse or parent died on 9/11.

TITLE V: REMOVING OBSTACLES TO INVESTIGATING TERRORISM

Sec. 501: Attorney General's Authority to Pay Rewards to Combat Terrorism

• Allows the Attorney General to offer rewards via public advertisements for assisting the Justice Department to "defend the Nation against terrorist acts"
• The money can come from "any executive agency or military department"
• "Neither the failure to of the Attorney General to authorize a payment nor the amount authorized shall be subject to judicial review"

Sec. 502: Secretary of State's Authority to Pay Rewards

• Allows the Secretary of State to pay rewards - including rewards over $5 million - for "the identification or location of an individual who holds a key leadership position in a terrorist organization"
  • The reward limit has since been increased to $25 million, but higher amounts can be personally authorized by the Secretary of State
  • Rewards up to $100,000 do not need to be approved by the Secretary of State
  • Current law: "A determination made by the Secretary under this section shall be final and conclusive and shall not be subject to judicial review"

Sec. 504: Coordination With Law Enforcement

• Allows Federal officers who conduct electronic surveillance or physical searches to coordinate with Federal law enforcement officers to "investigate or protect against" actual or potential attacks, sabotage, or clandestine intelligence activities by agents of a foreign power.

Sec. 505: Miscellaneous National Security Authorities

• Authorizes FBI investigators to collect the name, address, length of service, and toll billing records of telephone, financial records, and consumer reports of US citizens as long as the investigation is "not conducted solely on the basis of activities protected by the first amendment to the Constitution of the United States."
  • Allows the FBI to obtain records faster using National Security Letters instead of the previous process where they had to document specific and facts showing that the person is an agent of a foreign power

Sec. 507: Disclosure of Educational Records

• Allows the Attorney General (or high ranking designee) to request a court order for educational records that are relevant to investigations into "an act of domestic or international terrorism"
• The application to the court "shall certify that there are specific and articulable facts giving reason to believe" that the records will likely contain information related to their terrorism investigation.
• Provides immunity to educational agencies and institutions that comply with the court orders

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

• Increases the death or severe disability payment amount from $100,000 to $250,000

Subtitle B - Amendments to the Victims of Crime Act of 1984

Sec. 621: Crime Victims Fund

• Allocates money specifically to 9/11 victims and ensures that the payments do not count as income in order to reduce any government assistance that victim receives.

TITLE VII: INCREASED INFORMATION SHARING FOR CRITICAL INFRASTRUCTURE PROTECTION

Sec. 701: Expansion of Regional Information Sharing System to Facilitate Federal-State-Local Law Enforcement Response Related to Terrorist Attacks

• Funds new information sharing networks

TITLE VIII: STRENGTHENING THE CRIMINAL LAWS AGAINST TERRORISM

Sec. 801: Terrorist Attacks and Other Acts of Violence Against Mass Transportation Systems

• Sets penalties for attacking mass transportation systems
  • For attacks or plots that don't kill anyone or have passengers on board: Fines and up to 20 years in prison
  • For attacks on vessels carrying at least one passenger or that result in "the death of any person", fines and up to life in prison.

Sec. 802: Definition of Domestic Terrorism

• "The term 'domestic terrorism' means activities that involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State; appear to be intended to intimidate or coerce a civilian population; to influence the policy of a government by intimidation or coercion; or to affect the conduct of a government by mass destruction, assassination, or kidnapping; and occur primarily within the territorial jurisdiction of the United States."
• Current law maintains this definition

Sec. 803: Prohibition Against Harboring Terrorists

• Establishes punishments for anyone who "harbors or conceals any person who he knows, or has reasonable grounds to believe, has committed, or is about to commit" a list of terrorism related crimes. They can be fined, sent to prison for up to 10 years, or both.
• Any Federal judicial district court can prosecuted these offenses.

Sec. 804: Jurisdiction Over Crimes Committed at U.S. Facilities Abroad

• Gives the Federal Government jurisdiction over crimes committed by or against Americans that take place on property used - not necessarily owned - by the United States in foreign countries and in the residences used by United States personnel assigned to foreign missions.

Sec. 806: Assets of Terrorist Organizations

• Subjects to civil forfeiture "all assets, foreign and domestic of any individual, entity, or organization engaged in planning or perpetrating any act of domestic or international terrorism against the United States, citizens or residents of the United States, or their property, and all assets, foreign or domestic, affording any person a source of influence over any such entity or organization; acquired or maintained by any person with the intent and for the purpose of supporting, planning, conducting, or concealing an act of domestic or international terrorism... or derived from, involved in, or used or intended to be used to commit any act of domestic or international terrorism..."
  • The language 'any act of domestic or international terrorism' has since be changed to 'any Federal crime of terrorism'

Sec. 809: No Statute of Limitation for Certain Terrorism Offenses

• Exempts terrorism crimes that result in or created a forseeable risk of death or serious bodily injury from an 8 year statute of limitations.

Sec. 810: Alternate Maximum Penalties for Terrorism Offenses

• Increases penalties for crimes
  • Arson prison sentences increase from a maximum of 20 years to a maximum of life
  • Destruction of energy facilities increase from a maximum of 10 years to a maximum of 20 years
    • Arson or energy facility destruction crimes that result in a death can be given life sentences
  • Material support to terrorists and terrorist organization prison sentences increased from a maximum of 10 years to 15 years
    • Material support to terrorists or terrorist organizations that result in a death can be given life sentences
  • Destruction of national defense material crimes and sabotage of nuclear facilities or fuel prison sentences increased from a maximum of 10 years to 20 years
    • Destruction of national defense material crimes and sabotage of nuclear facilities or fuel that result in a death can be given life sentences
  • Damaging or destroying an interstate gas or hazardous liquid pipeline facility crimes prison sentences increased from a maximum 15 years to 20 years
    • Damaging or destroying an interstate gas or hazardous liquid pipeline facility crimes that result in a death can be given life sentences

Sec. 811: Penalties for Terrorist Conspiracies

• Adds people who conspire to commit crimes including arson, killings in Federal facilities, destruction of communications lines, stations, or systems, wrecking trains, material support to terrorists, torture, conspiracy, sabotage of nuclear facilities or fuel, interference with flight crew members and attendants, damaging or destroying an interstate gas or hazardous liquid pipeline facility, and a few others to the list of those who can be punished with fines and prison sentences.

Sec. 814: Deterrence and Prevention of Cyberterrorism

• Increases the penalty for intentionally damaging a federal computer from up to 5 years in prison to up to 10 years in prison (up to 20 years for a repeat offender).

Sec. 817: Expansion of the Biological Weapons Statute

• Establishes a maximum 10 year prison sentence and a fine for anyone who "knowingly possesses any biological agent, toxin, or delivery system of a type or in a quantity... that is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose."

TITLE IX: IMPROVED INTELLIGENCE

Sec. 901: Responsibilities of Director of Central Intelligence Regarding Foreign Intelligence Collected Under Foreign Intelligence Surveillance Act of 1978

• Because only the President and Attorney General are able to initiate a FISA surveillance order, this provision facilitates information sharing from the Attorney General to the CIA in a way that ensures that the CIA "Director shall have no authority to direct, manage, or undertake electronic surveillance or physical search operations."

Sec. 905: Disclosure to Director of Central Intelligence of Foreign Intelligence-Related Information With Respect to Criminal Investigations

• The Attorney General or the head of "any other department or agency of the Federal Government" with law enforcement responsibilities "shall expeditiously disclose" to the Director of Central Intelligence foreign intelligence gotten in the course of a criminal investigation.

TITLE X: MISCELLANEOUS

Sec. 1005: First Responders Assistance Act

• Creates a grant program where the Attorney General will fund States and local governments for hiring additional law enforcement personal dedicated to "intelligence gathering", purchasing spying equipment such as wire-tap, pen links, cameras, and computer hardware/software, protective equipment for patrol officers, and communications operations for improved interoperability among surrounding jurisdictions.

Sec. 1007: Authorization of Funds for DEA Police Training in South and Central Asia

• Authorizes $5 million for fiscal year 2002 for "regional antidrug training in the Republic of Turkey" by the DEA for police and "increased precursor chemical control efforts in the South and Central Asia region."

Sec. 1010: Temporary Authority to Contract with Local and State Governments for Performance of Security Functions at United States Military Installations

• "During the period of time that United States armed forces are engaged in Operation Enduring Freedom and for the period of 180 days thereafter", the Department of Defense is allowed to use their money to contract out security at their military bases in the United States to local and State governments.

Sec. 1012: Limitation on Issuance of Hazmat Licenses

• The Attorney General will complete background checks at the request of the States on people applying for a license to transport hazardous material

Sec. 1016: Critical Infrastructure Protection

• Creates the National Infrastructure Simulation and Analysis Center (NISAC)

Hearings

House Session - October 23, 2001

Sound Clip Transcripts

• 1:26:29 Rep. Bobby Scott: First of all, I think it's appropriate to comment on the process by which the bill is coming to us. This is not the bill that was reported and deliberated on in the Judiciary Committee. It came to us late on the floor. No one has really had an opportunity to look at the bill to see what's in it since we've been out of our offices. The report has just come to us. And it would be helpful if we'd wait for some period of time so that we can at least review what we're voting on. But I guess that's not gonna stop us. So here we go.

• 1:27:26 Rep. Bobby Scott: This bill makes three significant changes. One, it reduces s+tandards for getting a foreign intelligence wiretap from one where it is the reason you're getting it, to it is a significant reason for getting the wiretap, much less. Then you wonder, well, if it's not the primary reason, why are you getting the wiretap? Second, it allows the roving wiretap so once you find a target, if he's using cell phones, for example, you can go and find them wherever he is. And third, you can use the information in a criminal investigation and the combination gives you the situation where there's very little standard, and you can essentially conduct a criminal investigation without probable cause. If you have, for example, a target, who is using cell phones, you get the the wiretap, he uses a payphone, you can listen to anybody using the payphone. If he's in a club or organization, in a business, you can go on you tap the phones there, if he's visiting the democratic national headquarters, maybe you can tap all the phones there.

• 1:29:47 Rep. Bobby Scott: There are provisions that allow attention under certain circumstances that may be indefinite, we expand the ability of the government to conduct secret searches and so called sneak and peek where you don't tell people they're even being investigated. And you can start targeting domestic organizations, designated domestic groups, as terrorist groups and you can start getting the CIA into designating these groups as targets for criminal investigations. There's a lot in this bill that we have not appropriately considered. And that's why we need more time to think of it because it goes way past terrorism. This is the way you're going to be conducting criminal investigations and therefore the bill ought to be defeated.

• 1:39:09 Rep. Spencer Bachus: You know, we may not have understood and appreciated the word “terrorism” and what terrorists were before September 11. We certainly do today. We know who they are. We know what they're capable of. We may not have appreciated the need for this legislation before September 11, but surely today, we appreciate the need for this legislation and the urgency of such legislation.

• 1:44:04 Rep. Sheila Jackson Lee: I'm concerned that the legislation still permits the Attorney General indefinitely to incarcerate or detain non-citizens based on mere suspicion and to deny readmission to the United States of such non-citizens. I'm also concerned that the AG and the Secretary of State have the power to designate domestic terrorists. You might simply be paying dues and be declared part of a terrorist organization. It has widespread investigation of Americans just on the basis of intelligence purposes. It allows searches of highly personal financial records, and allows student records to be searched. I would say this, Mr. Speaker, let us show America's character and bring forth a bill that all of us will find a good balance. We'll review this bill but I hope that we'll vote on a good bill and provide the leadership that we need to lead.

• 1:46:41 Rep. Marge Roukema: I would like to say to some of the naysayers that complain about the provisions, the question as to whether or not they deny due process or whatever. The question has been asked, Are we endangering the rights and privacy of innocent Americans? The answer is no. But it does give our law enforcement officials the requirements that they need for their careful investigation. It gives our regulators and law enforcement officials what they need to get the job done.

• 1:52:25 Rep. Zoe Lofgren: I would also like to note, however, that there's been a lot of loose language among people who oppose this bill, and people are perfectly free to disagree with it, but it's important that we not be incorrect about what's actually in the bill. I actually heard someone say that the bill would provide for indefinite incarceration on a mere suspicion by the Attorney General, that's simply not the case. The Attorney General may detain persons but he has to certify and he has to have reasonable reasonable grounds to believe that the individuals have involved in terrorism and that decision is reviewable by a court. So that is really the to say it's a mere suspicion and indefinite is certainly not the case.

• 2:07:48 Rep. Mel Watt: Some groups in our country have had their rights violated, trampled on, by the law enforcement authorities in this country and so we don't have the luxury of being able to just sit back and give authority, more authority, than is warranted, the authority possibly to abuse due process, to law enforcement, even in the context of what we're going through now. This is a very difficult time. I acknowledge that it is. But I think we are giving the government and law enforcement too much authority in this bill.

• 2:18:15 Rep. Barney Frank: Mr. Speaker, I don't know how I'm gonna vote on this bill yet, because I have this notion that in a bill of this weight, I ought to read it. So what I want to talk about now is my deep disappointment at the procedure. The gentleman from Wisconsin, the chair of the committee, has fought hard for a fair chance for the members to look at things. But on the whole, his efforts have not been honored. We now, for the second time, are debating on the floor a bill of very profound significance for the constitutional structure and security of our country and in neither case has any member been allowed to offer a single amendment. At no point in the debate in this very profound set of issues, have we had a procedure whereby the most democratic institution in our government, the House of Representatives, engages in democracy. Who decided that to defend democracy we had to degrade it? Who decided that the very openness and participation and debate and weighing of issues, who decided that was a defect at a time of crisis? This is a chance for us to show the world that democracy is a source of strength, that with our military strength and our determination and our unity of purpose goes to continued respect for the profound way in which our democracy functions. And this bill ironically, this bill which has been given all these high flying acronyms, it's the Patriot bill, it's the USA bill, it's that stand up and sing the Star Spangled Banner bill, has been debated in the most undemocratic way possible. And that's not worthy of this institution.

• 2:21:13 Rep. John Conyers: The members of the judiciary committee, who had a free and open debate, and then we came to a bill that even though imperfect, was unanimously agreed on. That was removed from us and we're now debating at this hour of the night, with only two copies of the bill that we're being asked to vote on available to the members on this side of the aisle.

• 2:22:18 Rep. John Conyers: Although I like the the money laundering provisions in the bill, I detest the work product that bears the name of my committee on it that has now been joined with this bill. And for this reason, as we close this debate, my inclination is not to support the bill.

• 2:23:12 Rep. James Sensenbrenner: Mr. Speaker, this is the latest step in a long process to attempt to pass a bill and send to the president that is vitally needed. It is vitally needed by our law enforcement officials, who are fighting the battle at home. We don't know how this battle will be fought. We don't know what tactics the enemy will take. We don't know what agents the enemy will use. And what we need is we need to get the intelligence necessary to protect the people of the United States of America from whatever the enemy has planned up its sleeve.

Cover Art

Design by Only Child Imaginations

Music Presented in This Episode

Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)

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

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Thank you for supporting truly independent media!

Background Sources

Recommended Congressional Dish Episodes

CD218: Minerals Are the New Oil

CD205: Nuclear Waste Storage Oil

CD073: Amtrak

Recommended Articles and Documents

Benjamin 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.
Dale K. DuPont. August 6, 2020. “First all-electric ferry in U.S. reaches milestone.” WorkBoat.

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 Bill

H.R. 3684: Infrastructure Investment and Jobs Act

August 10, 2021 Senate Vote Breakdown
July 1, 2021 House Vote Breakdown

Jen's Highlighted Version

Bill Outline

DIVISION A: SURFACE TRANSPORTATION

TITLE I - FEDERAL-AID HIGHWAYS

Subtitle A - Authorizations and Programs

Sec. 11101: Authorization of Appropriations

• Authorizes appropriations for Federal-Aid for highways at between $52 billion and $56 billion per year through fiscal year 2026.

Sec. 11117: Toll Roads, Bridges, Tunnels, and Ferries

• Authorizes the government to pay up to 85% of the costs of replacing or retrofitting a diesel fuel ferry vessel until the end of fiscal year 2025.

Sec. 11118: Bridge Investment Program

• Authorizes between $600 million and $700 million per year through 2026 (from the Highway Trust Fund) for repairs to bridges
• If a Federal agency wants grant money to repair a Federally owned bridge, it "shall" consider selling off that asset to the State or local government.

Sec. 11119: Safe Routes to School

• Creates a new program to improve the ability of children to walk and ride their bikes to school by funding projects including sidewalk improvements, speed reduction improvements, crosswalk improvements, bike parking, and traffic diversions away from schools.
• Up to 30% of the money can be used for public awareness campaigns, media relations, education, and staffing.
• No additional funding is provided. It will be funded with existing funds for "administrative expenses."

Sec. 11121: Construction of Ferry Boats and Ferry Terminal Facilities

• Authorizes between $110 million and $118 million per year through 2026 (from the Highway Trust Fund) to construct ferry boats and ferry terminals.

Subtitle D - Climate Change

Sec. 11401: Grants for Charging and Fueling Infrastructure

• Creates a new grant program with $15 million maximum per grant for governments to build public charging infrastructure for vehicles fueled with electricity, hydrogen, propane, and "natural" gas.
  • The construction of the projects can be contracted out to private companies.

Sec. 11402: Reduction of Truck Emissions at Port Facilities

• Establishes a program to study and test projects that would reduce emissions.

Sec. 11403: Carbon Reduction Program

• Allows, but does not require, the Transportation Secretary to use money for projects related to traffic monitoring, public transportation, trails for pedestrians and bicyclists, congestion management technologies, vehicle-to-infrastructure communications technologies, energy efficient street lighting, congestion pricing to shift transportation demand to non-peak hours, electronic toll collection, installing public chargers for electric, hydrogen, propane, and gas powered vehicles.

Sec. 11404: Congestion Relief Program

• Creates a grant program, funded at a minimum of $10 million per grant, for projects aimed at reducing highway congestion. Eligible projects include congestion management systems, fees for entering cities, deployment of toll lanes, parking fees, and congestion pricing, operating commuter buses and vans, and carpool encouragement programs.
• Buses, transit, and paratransit vehicles "shall" be allowed to use toll lanes "at a discount rate or without charge."

Sec. 11405: Promoting Resilient Operations for Transformative, Efficient, and Cost-saving Transportation (PROTECT) Program

• Establishes the "PROTECT program", which provides grants for projects to protect some current infrastructure from extreme weather events and climate related changes.
• Types of grants include grants for "at-risk coastal infrastructure" which specifies that only "non-rail infrastructure is eligible" (such as highways, roads, pedestrian walkways, bike lanes, etc.)

Sec. 11406: Healthy Streets Program

• Establishes a grant program to install reflective pavement and to expand tree cover in order to mitigate urban heat islands, improve air quality, and reduce stormwater run-off and flood risks.
• Caps each grant at $15 million

TITLE III: RESEARCH, TECHNOLOGY, AND EDUCATION

Sec. 13001: Strategic Innovation for Revenue Collection

• Provides grants for pilot projects to test our acceptance of user-based fee collections and their effects on different income groups and people from urban and rural areas. They will test the use of private companies to collect the data and fees.

Sec. 13002: National Motor Vehicle Per-mile User Fee Pilot

• Creates a pilot program to test a national motor vehicle per-mile user fee.

DIVISION B - SURFACE TRANSPORTATION INVESTMENT ACT OF 2021

TITLE I - MULTIMODAL AND FREIGHT TRANSPORTATION

Sec. 21201: National Infrastructure Project Assistance

• Authorizes $2 billion total per year until 2026 on projects that cost at least $100 million that include highway, bridge, freight rail, passenger rail, and public transportation projects.
• Authorizes $1.5 billion total per year until 2026 (which will expire after 3 years) for grants in amount between $1 million and $25 million for projects that include highway, bridge, public transportation, passenger and freight rail, port infrastructure, surface transportation at airports, and more.

TITLE II - RAIL

Subtitle A - Authorization of Appropriations

Sec. 22101: Grants to Amtrak

• Authorizes appropriations for Amtrak in the Northeast Corridor at between $1.1 billion and $1.57 billion per year through 2026.
• Authorizes appropriations for Amtrak in the National Network at between $2.2 billion and $3 billion per year through 2026.

Subtitle B - Amtrak Reforms

Sec. 22201: Amtrak Findings, Mission, and Goals

• Changes the goal of cooperation between Amtrak, governments, & other rail carriers from "to achieve a performance level sufficient to justify expending public money" to "in order to meet the intercity passenger rail needs of the United States" and expands the service areas beyond "urban" locations.
• Changes the goals of Amtrak to include "improving its contracts with rail carriers over whose tracks Amtrak operates."

Sec. 22208: Passenger Experience Enhancement

• Food and beverage service: Amtrak will establish a working group...

Sec. 22212: Enhancing Cross Border Service

• Amtrak must submit a report...

Sec. 22213: Creating Quality Jobs

• Amtrak will not be allowed to privatize the jobs previously performed by laid off union workers.

Sec. 22214: Amtrak Daily Long Distance Study

• Amtrak would study bringing back long distance rail routes that were discontinued.

Subtitle C - Intercity Passenger Rail Policy

Sec. 22304: Restoration and Enhancement Grants

• Extends the amount of time the government will pay the operating costs of Amtrak or "any rail carrier" that provides passenger rail service from 3 years to 6 years, and pays higher percentages of the the costs.

Sec. 22305: Railroad Crossing Elimination Program

• Creates a program to eliminate highway-rail crossings where vehicles are frequently stopped by trains.
• Authorizes the construction on tunnels and bridges.

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

• The Secretary of Transportation will create a program for public entities to plan for expanded intercity passenger rail corridors, operated by Amtrak or private companies.
• When developing plans for corridors, the Secretary has to "consult" with "host railroads for the proposed corridor"

Subtitle D - Rail Safety

Sec. 22404: Blocked Crossing Portal

• The Administration of the Federal Railroad Administration would establish a "3 year blocked crossing portal" which would collect information about blocked crossing by trains from the public and first responders and provide every person submitting the complaint the contact information of the "relevant railroad" and would "encourage" them to complain to them too.
• Information collected would NOT be allowed to be used for any regulatory or enforcement purposes.

Sec. 22406: Emergency Lighting

• The Secretary of Transportation will have to issue a rule requiring that all carriers that transport human passengers have an emergency lighting system that turns on when there is a power failure.

Sec. 22409: Positive Train Control Study

• The Comptroller General will conduct a study to determine the annual operation and maintenance costs for positive train control.

Sec. 22423: High-Speed Train Noise Emissions

• Allows, but does not require, the Secretary of Transportation to create regulations governing the noise levels of trains that exceed 160 mph.

Sec. 22425: Requirements for Railroad Freight Cars Placed into Service in the United States

• Effective 3 years after the regulations are complete (maximum 5 years after this becomes law), freight cars will be prohibited from operating within the United States if more than 15% of it is manufactured in "a country of concern" or state-owned facilities.
• The Secretary of Transportation can assess fines between $100,000 and $250,000 per freight car. A company that has been found in violation 3 times can be kicked out of the United State's transportation system until they are in compliance and have paid all their fines in full.

Sec. 22427: Controlled Substances Testing for Mechanical Employees

• 180 days after this becomes law, all railroad mechanics will be subject to drug testing, which can be conducted at random.

DIVISION C - TRANSIT

Sec. 30017: Authorizations

• Authorizes between $13.3 billion and $14.7 billion per year to be appropriated for transit grants.

DIVISION D - ENERGY

TITLE I - GRID INFRASTRUCTURE AND RESILIENCY

Sec. 40101: Preventing Outages and Enhancing The Resilience of the Electric Grid

• Creates a $5 billion grant distribution program to electric grid operators, electricity storage operations, electricity generators, transmission owners and operators, distribution suppliers, fuels suppliers, and other entities chosen by the Secretary of Energy.
• The grants need to be used to reduce the risk that power lines will cause wildfires.
• States have to match 15%. The company receiving the grant has to match it by 100% (small utilities only have to match 1/3 of the grant.)
• Grant money be used for micro-grids and battery-storage in addition to obvious power line protection measures.
• Grant money can not be used to construct a new electricity generating facility, a large-scale battery facility that is not used to prevent "disruptive events", or cybersecurity.
• The companies are allowed to charge customers for parts of their projects that are not paid for with grant money (so they have to match the grant with their customer's money).

Sec. 40112: Demonstration of Electric Vehicle Battery Second-Life Applications for Grid Services

• Creates a demonstration project to show utility companies that electric car batteries can be used to stabilize the grid and reduce peak loads of homes and businesses.
• The demonstration project must include a facility that "could particularly benefit" such as a multi-family housing building, a senior care facility, or community health center.

TITLE II - SUPPLY CHAINS FOR CLEAN ENERGY TECHNOLOGIES

Sec. 40201: Earth Mapping Resources Initiative

• The US Geological Survey will get $320 million and ten years to map "all of the recoverable critical minerals."

Sec. 40204: USGS Energy and Minerals Research Facility

• Authorizes $167 million to construct a new facility for energy and minerals research.
• The facility can be on land leased to the government for 99 years by "an academic partner."
• Requires the USGS to retain ownership of the facility.

Sec. 40205: Rare Earth Elements Demonstration Facility

• Authorizes $140 million to build a rare earth element extractions and separation facility and refinery.
• Does NOT require the government to retain ownership of the 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

• Authorizes $600 million for 2022 and 2023 and $300 million for each year between 2024 and 2026 for grants and loan guarantees for projects for transporting captured carbon dioxide.
• Each project has to cost more than $100 million and the government can pay up to 80% of the costs.
• If the project is financed with a loan, the company will have 35 years to pay it back, with fees and interest. Loans can be issued via private banks with guarantees provided by the government.

Sec. 40305: Carbon Storage Validation and Testing

• Creates a new program for funding new or expanded large-scale carbon sequestration projects.
• Authorizes $2.5 billion through 2026.

Sec. 40308: Carbon Removal

• Creates a new program for grants or contracts for projects to that will form "4 regional direct air capture hubs" that will each be able to capture 1 million metric tons of carbon dioxide per year.
• Authorizes $3.5 billion per year through 2026.

Subtitle B - Hydrogen Research and Development

Sec. 40313: Clean Hydrogen Research and Development Program

• Changes a goal of an existing research and development plan for hydrogen fuels (created by the Energy Policy Act of 2005) from enhancing sources of renewable fuels and biofuels for hydrogen production to enhancing those sources and fossil fuels with carbon capture and nuclear energy.
• Expands the activities of this program to include using hydrogen for power generation, industrial processes including steelmaking, cement, chemical feestocks, and heat production.
• They intend to transition natural gas pipelines to hydrogen pipelines.
• They intend for hydrogen to be used for all kinds of vehicles, rail transport, aviation, and maritime transportation.

Sec. 40314: Additional Clean Hydrogen Programs

• Creates a new program to create "4 regional clean hydrogen hubs" for production, processing, delivery, storage, and end-use of "clean hydrogen."
• At least one regional hub is required to demonstrate the production of "clean hydrogen from fossil fuels."
• At least one regional hub is required to demonstrate the production of "clean hydrogen from renewable energy."
• At least one regional hub is required to demonstrate the production of "clean hydrogen from nuclear energy."
• The four hubs will each demonstrate a different use: Electric power generation, industrial sector uses, residential and commercial heating, and transportation.
• Requires the development of a strategy "to facilitate widespread production, processing, storage, and use of clean hydrogen", which will include a focus on production using coal.
  The hydrogen hubs should "leverage natural gas to the maximum extent practicable."
• Creates a new program to commercialize the production of hydrogen by splitting water into hydrogen and oxygen.
• The overall goal is to identify barriers, pathways, and policy needs to "transition to a clean hydrogen economy."
  Authorizes $9.5 billion through 2026.

Sec. 40315: Clean Hydrogen Production Qualifications

• Develops a standard for the term "clean hydrogen" which has a carbon intensity equal to or less than 2 kilograms of carbon dioxide-equivalent produced at the site of production per kilogram of hydrogen produced."

Subtitle C - Nuclear Energy Infrastructure

Sec. 40323: Civil Nuclear Credit Program

• Creates a program, authorized to be funded with $6 billion per year through 2026, that will provide credit from the government to nuclear reactors that are projected to shut down because they are economically failing.

Subtitle D - Hydropower

Sec. 40331: Hydroelectric Production Incentives

• Authorizes a one-time appropriation of $125 million for fiscal year 2022.

Sec. 40332: Hydroelectric Efficiency Improvement Incentives

• Authorizes a one-time appropriation of $75 million for fiscal year 2022.

Sec. 40333: Maintaining and Enhancing Hydroelectricity Incentives

• Authorizes a one-time appropriations of $553 million for repairs and improvements to dams constructed before 1920. The government will pay a maximum of 30% of the project costs, capped at $5 million each.

Sec. 40334: Pumped Storage Hydropower Wind and Solar Integration and System Reliability Initiative

• Authorizes $2 million per year through 2026 to pay 50% or less of the costs of a demonstration project to test the ability of a pumped storage hydropower project to facilitate the long duration storage of at least 1,000 megawatts of intermittent renewable electricity.

Subtitle E - Miscellaneous

Sec. 40342: Clean Energy Demonstration Program on Current and Former Mine Land

• Creates a new program, authorized to be funded with $500 million through 2026, to demonstrate the technical and economic viability of putting clean energy projects on former mine land. There will be a maximum of 5 projects and 2 of them have to be solar.
• Defines a "clean energy project" to include "fossil-fueled electricity generation with carbon capture, utilization, and sequestration."

TITLE X - AUTHORIZATION OF APPROPRIATIONS FOR ENERGY ACT OF 2020

Sec. 41001: Energy Storage Demonstration Projects

• Authorizes $505 million through2025 for energy storage demonstration projects.
  Sec. 41002: Advanced Reactor Demonstration Program
• Authorizes between $281 million and $824 million per year through 2027 for advanced nuclear reactor demonstration projects.

Sec. 41004: Carbon Capture Demonstration and Pilot Programs

• Authorizes between $700 million and $1.3 billion through2025 for advanced nuclear reactor demonstration projects.

Sec. 41007: Renewable Energy Projects

• Authorizes $84 million through 2025 for geothermal energy projects.
• Authorizes $100 million through 2025 for wind energy projects.
  • There is a clarification that this is definitely NOT in addition to amounts wind gets from another fund.
• Authorizes $80 million through 2025 for solar energy projects.

DIVISION E - DRINKING WATER AND WASTEWATER INFRASTRUCTURE

DIVISION F - BROADBAND

DIVISION G - OTHER AUTHORIZATIONS

DIVISION H - REVENUE PROVISIONS

DIVISION I - OTHER MATTERS

DIVISION J - APPROPRIATIONS

DIVISION K - MINORITY BUSINESS DEVELOPMENT

Cover Art

Design by Only Child Imaginations

Music Presented in This Episode

Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)

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

• Contribute monthly or a lump sum via PayPal
• Support Congressional Dish via Patreon (donations per episode)
• Send Zelle payments to: Donation@congressionaldish.com
• Send Venmo payments to: @Jennifer-Briney
• Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com
• Use your bank’s online bill pay function to mail contributions to: 5753 Hwy 85 North, Number 4576, Crestview, FL 32536.

Please make checks payable to Congressional Dish

Thank you for supporting truly independent media!

Background Sources

Documentaries

Athlete A. Netflix.

Hannah Shaw-Williams. June 24, 2020. “Athlete A True Story: What Netflix's Documentary Leaves Out” Screen Rant.

Government Documents and Reports

Office 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 Coverage

Grace 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 Sources

Dereliction of Duty: Examining the Inspector General’s Report on the FBI’s Handling of the Larry Nassar Investigation

Senate Judiciary Committee
September 15, 2021

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

• 47:54 Senator Dick Durbin (D-IL): By the time Nassar was convicted and sentenced in federal and Michigan State court, over 150 survivors had come forward to recount the impact of these horrific crimes. Today we believe Nasser abused more than 300 athletes before he was brought to justice.

• 48:20 Senator Dick Durbin (D-IL): Between 2018 and 2019, a subcommittee of the Senate Commerce Committee led by our colleagues, Senator Richard Blumenthal and Senator Jerry Moran conducted an 18 month investigation into this case. The investigation concluded that the US Olympic Committee in the USA Gymnastics knowingly concealed abuse by masseur between the summer of 2015 and September of 2016. The Senate passed two bills aimed at addressing the failures in the Nasser case with overwhelming bipartisan support that protecting young victims from Sexual Abuse Act of 2017, sponsored by Senator Feinstein, and the umpiring Olympic Paralympic amateur athletes act of 2020 by Senators Moran and Blumenthal both extended the duty of certain adults to report suspected child abuse. These are good and important steps. But the reporting requirement in both laws is not worth much if law enforcement and the FBI failed to respond and immediately and aggressively investigate the abuse cases.

• 51:57 Senator Dick Durbin (D-IL): We'll also hear from the Inspector General and the FBI Director, who owe these young women in this committee an explanation of what the FBI is doing to ensure that this never happens again. And I'll add that I am disappointed. We asked the Justice Department to testify about their decision not to prosecute the two FBI officials who made false statements to the Attorney General. I understand it's a long standing department policy not to comment on decisions not to prosecute, but robust oversight of the Department of Justice is a core responsibility of this committee, committed to ensuring that committee members have an opportunity to question the Department of Justice about this issue at an oversight hearing in the fall.

• 56:44 Senator Chuck Grassley (R-IA): I suspect there's much more to that story. One issue not talked about much is that the FBI has a division in Washington DC, known as the Violent Crimes Against Children unit. This component of headquarters was notified by two of its field offices about the Nassar allegations way back in 2015, and 2016, respectively. The Children's unit employs subject matter experts so it is well position in FBI to guide those field officers on their duties in child exploitation cases. Because it's housed at headquarters, this children's unit also was uniquely positioned to play a coordinating role by supervising case transfers to the appropriate FBI field offices. And this unit was well positioned to offer qualitative supervision of field offices' work.

• 58:19 Senator Chuck Grassley (R-IA): The Children's unit helped develop a white paper, or more accurately, a whitewash, after the Nassar case attracted national attention. Ensuring that truthful information was provided about the FBI's role in this investigation was clearly not the main priority. This is a serious problem at the heart of the FBI. Not a case of a few errant agents.

• 1:00:12 Senator Chuck Grassley (R-IA): Finally, I want to mention that I'm working on legislation to close the legislative loophole in the sex tourism statute that the Inspector General flagged in his report. This gap in the law allowed Larry Nassar to evade federal prosecution for assaulting children while traveling abroad.

• 1:26:34 Senator Dick Durbin (D-IL): Our first witness Simone Biles, one of the greatest gymnast of all time. She is the first woman to capture five all round world championship titles and the most decorated gymnast, male or female, in World Championships history. 25 medals overall, she is a seven time Olympic medalist. Her extraordinary accomplishments have received widespread recognition including two Associated Press Female Athlete of the Year awards.

• 1:27:18 Senator Dick Durbin (D-IL): McKayla Maroney was a member of the American women's gymnastics team dubbed the Fierce Five at the 2012 Summer Olympics. She won a gold medal in team competition and an individual silver medal in the vault. She was also a member of the American team at the 2011 World Championships where she won gold medals in the team and vault competitions and the 2013 World Championships where she defended her vault title and we frequently see her on TV jumping on a roof.

• 1:27:48 Senator Dick Durbin (D-IL): Our next witness Maggie Nichols led the University of Oklahoma women's gymnastics team to Team national championships in 2017 and 2019, also winning six individual titles. She represented the United States at the 2015 World Championships where she won a gold medal in team competition and a bronze medal on floor exercise. She also holds several USA Gymnastics national championship medals.

• 1:28:15 Senator Dick Durbin (D-IL): Finally, Aly Raisman, one of the most accomplished American gymnast of all time, two time Olympian, team captain of the 2012 and 2016 women's gymnastics team captured six Olympic and four World Championship medals, including an individual silver medal in the 2016 Olympic all around and gold medals in team competition in 2012 and 2016. A leader on and off the floor. Reisman uses her platform to advocate for abuse prevention and education.

• 1:32:25 Simone Biles: USA Gymnastics and the United States Olympic and Paralympic Committee knew that I was abused by their official team doctor long before I was ever made aware of their knowledge. In May of 2015, Rhonda Faehn, the former head of USA Gymnastics women's program, was told by my friend and teammate, Maggie Nichols, that she suspected I, too was a victim. I didn't understand the magnitude of what was happening until the Indianapolis Star published its article in the fall of 2016, entitled, "former USA Gymnastics doctor accused of abuse." Yet while I was a member of the 2016 US Olympic team, neither USAG USOPC nor the FBI ever contacted me or my parents, while others had been informed and investigations were ongoing. I had been left to wonder why was not taught until after the Rio Games. This is the largest case of sexual abuse in the history of American sport. And although, there has been a fully independent investigation of the FBI his handling of the case, neither USAG nor USOPC have ever been made the subject of the same level of scrutiny. These are the entities entrusted with the protection of our sport and our athletes. And yet it feels like questions of responsibility and organizational failures remain unanswered.

• 1:34:30 Simone Biles: We have been failed and we deserve answers. Nassar is where he belongs, but those who enabled him deserve to be held accountable. If they are not, I am convinced that this will continue to happen to others, across Olympic sports. In reviewing the OIGs report, it really feels like the FBI turned a blind eye to us and went out of its way to help protect USAG and USOPC. A message needs to be sent. If you allow a predator to harm children, the consequences will be swift and severe.

• 1:37:00 McKayla Maroney: As most of you are probably aware, I was molested by the US Gymnastics National Team and Olympic Team doctor, Larry Nasser, and in actuality, he turned out to be more of a pedophile than he was a doctor. What I'm trying to bring to your attention today is something incredibly disturbing and illegal. After telling my entire story of abuse to the FBI in the Summer of 2015, not only did the FBI not report my abuse, but when they eventually documented my report, 17 months later, they made entirely false claims about what I said. After reading the Office of Inspector General's OIG report, I was shocked and deeply disappointed at this narrative they chose to fabricate, they chose to lie about what I said and protect a serial child molester, rather than protect not only me, but countless others. My story is one which Special Agent in Charge Jay Abbott and his subordinates did not want you to hear. And it's time that I tell you. In the summer of 2015, like I said, I was scheduled to speak to the FBI about my abuse with Larry Nasser over the phone. I was too sick to go meet with anyone in person. And talking about this abuse would give me PTSD for days. But I chose to speak about it to try and make a difference and protect others. I remember sitting on my bedroom floor for nearly three hours as I told them what happened to me. I hadn't even told my own mother about these facts. But I thought as uncomfortable and as hard as it was to tell my story, I was going to make a difference, and hopefully protecting others from the same abuse. I answered all of their questions honestly and clearly. And I disclosed all of my molestations I had entered by Nassar to them in extreme detail. They told me to start from the beginning. I told them about the sport of gymnastics, how you make the national team, and how I came to meet Larry Nassar when I was 13 at a Texas camp. I told him that the first thing Larry Nassar ever said to me was to change into shorts with no underwear, because that would make it easier for him to work on me. And within minutes, he had his fingers in my vagina. The FBI then immediately asked, Did he insert his fingers into your rectum? I said, No, he never did. They asked if he used gloves. I said no, he never did. They asked if this treatment ever helped me. I said no, it never did. This treatment was 100% abuse and never gave me any relief. I then told the FBI about Tokyo, the day he gave me a sleeping pill for the plane ride, to then work on me later that night. That evening, I was naked, completely alone with him on top of me molesting me for hours. I told them I thought I was going to die that night, because there was no way that he would let me go. But he did. I told them I walked the halls of a Tokyo hotel at 2am, at only 15 years old. I began crying at the memory over the phone. And there was just dead silence. I was so shocked at the agent's silence and disregard for my trauma. After that minute of silence he asked "Is that all?" Those words in itself was one of the worst moments of this entire process for me, to have my abuse be minimized and disregarded by the people who were supposed to protect me. Just to feel like my abuse was not enough. But the truth is my abuse was enough, and they wanted to cover it up. USA Gymnastics in concert with the FBI and the Olympic Committee or working together to conceal that Larry Nassar was a predator. I then proceeded to tell them about London, and how he'd signed me up last on his sheet so he could molest me for hours twice a day. I told them how he molested me right before I won my team gold medal. How he gave me presents, bought me caramel macchiatos and bread when I was hungry. I even sent them screenshots of Nassar's last text to me, which was "Michaela, I love how you see the world with rose colored glasses. I hope you continue to do so." This was very clear cookie cutter pedophilia and abuse. And this is important because I told the FBI all of this, and they chose to falsify my report and to not only minimize my abuse, but silence me yet again. I thought given the severity of the situation, they would act quickly for the sake of protecting other girls, but instead, it took them 14 months to report anything when Larry Nassar, in my opinion, should have been in jail that day.

• 1:42:00 McKayla Maroney: According to the OIG report, about 14 months after I disclosed my abuse to the FBI, nearly a year and a half later, the FBI agent who interviewed me in 2015 decided to write down my statement, a statement that the OIG report determined to be materially false.

• 1:42:33 McKayla Maroney: What is the point of reporting abuse if our own FBI agents are going to take it upon themselves to bury that report in a drawer?

• 1:42:55 McKayla Maroney: What's even more upsetting to me is that we now we know that these FBI agents have committed an obvious crime. They falsified my statement, and that is illegal in itself. Yet no recourse has been taken against them. The Department of Justice refused to prosecute these individuals. Why? Deputy Attorney General Lisa Monaco couldn't even bring herself to be here today. And it is the Department of Justice's job to hold them accountable.

• 1:43:25 McKayla Maroney: I am tired of waiting for people to do the right thing, because my abuse was enough and we deserve justice. These individuals clearly violated policies and were negligent in executing their duties. And in doing so, more girls were abused by Larry Nasser for over a year. To not indict these agents is a disservice to me and my teammates. It is a disservice to the system which was built to protect all of us from abuse. It was a disservice to every victim who suffered needlessly at the hands of Larry Nassar after I spoke up. Why are public servants whose job is to protect getting away with this? This is not justice. Enough is enough. Today, I ask you all to hear my voice. I ask you please do all that is in your power to ensure that these individuals are held responsible and accountable for ignoring my initial report, for lying about my initial report, and for covering up for a child molester.

• 1:44:30 McKayla Maroney: I would like to express my deep gratitude to the United States Senate, a very powerful institution, that from the very beginning has fought for us rather than against us.

• 1:46:47 Maggie Nichols After I reported my abuse to USA Gymnastics, my family and I were told by their former president, Steve Penny, to keep quiet and not say anything that could hurt the FBI investigation. We now know there was no real FBI investigation occurring. While my complaints with the FBI, Larry Nassar continued to abuse women and girls. During this time the FBI issued no search warrants and made no arrests. From the day I reported my molestation by Nassar, I was treated differently by USAG. Not only did the FBI fail to conduct a thorough investigation, but they also knew that USAG and the USOPC created a false narrative where Larry Nasser was allowed to retire with his reputation intact and returned to Michigan State University, thus allowing dozens of little girls to be molested. As the Inspector General's report details during this time period, FBI agents did not properly documented evidence failed to report proper authorities and the Special Agent in Charge was seeking to become the new director of security for the United States Olympic and Paralympic Committee. A job opportunity raised by Steve Penny.

• 1:51:20 Aly Raisman: In 2015, it was known that at least six national team athletes had been abused by Nassar. There was even one of the athletes that was abused on film. Given our abusers unfettered access to children, stopping him should have been a priority. Instead, the following occurred. The FBI failed to interview pertinent parties in a timely manner. It took over 14 months for the FBI to contact me, despite my many requests to be interviewed by them. The records establish that Steve Penney, FBI agent Jay Abbott, and their subordinates worked to conceal Nassar's crimes. Steve Penney arranged with the FBI to conduct my interview at the Olympic Training Center, where I was under the control and observation of USA Gymnastics and the United States Olympic and Paralympic Committee. The day of my interview, Steve Penny flew to the Olympic Training Center, and he made sure I was aware he was there. I felt pressured by the FBI to consent to Nassar's plea deal. The agent diminish the significance of my abuse and it made me feel my criminal case wasn't worth pursuing. Special Agent in Charge of investigating Nassar met Steve penny for beers to discuss job opportunities in the Olympic movement. Another FBI agent work with Steve penny to determine jurisdiction without interviewing the survivors. I've watched multiple high ranking officials at USAG, USOPC and FBI resign or retire without explanation of how they may have contributed to the problem, some of whom were publicly thanked for their service and rewarded with severance or bonus money. My reports of abuse were not only buried by USAG USOPC, but they were also mishandled by federal law enforcement officers who failed to follow their most basic duties. The FBI and others within both USAG and USOPC knew that Nasser molested children and did nothing to restrict his access. Steve Penny and any USAG employee could have walked a few steps to file a report with the Indiana Child Protective Services since they shared the same building. Instead, they quietly allowed Nassar to slip out the side door knowingly allowing him to continue his “work” at MSU Sparrow hospital, a USAG Club, and even run for school board. Nassar found more than 100 new victims to molest. It was like serving innocent children up to a pedophile on a silver platter.

• 1:54:33 Aly Raisman: USAG and USOPC have a long history of enabling abuse by turning a blind eye. Both organizations knew of Nassar's abuse long before it became public. Although you wouldn't know that by reading their press releases, which would have you and their corporate sponsors believe that athletes safety comes first. We have called for a fully independent factual investigation for years now, because I and these women who sit before you know firsthand, these organizations and their public statements are not to be trusted. They claim they want accountability, but then seek to restrict which staff can be interviewed, which documents can be examined and claim attorney client privilege over and over again. The so called investigations these organizations orchestrated were not designed to provide the answers we so critically need. Why are we left to guess why USAG and USOPC deliberately ignored reported abuse? Was it to protect the value of the sponsorships? The LA 28 bid? their own jobs? to avoid criminal liability, perhaps. But why must we speculate when the facts are obtainable and the stakes are so high?

• 1:56:04 Aly Raisman: Why would duly sworn federal law enforcement officers ignore reports of abuse by a doctor across state lines and country borders for a future job opportunity? Or whether additional incentives and pressures? Why must we speculate when the facts are obtainable and the stakes are so high

• 1:57:00 Aly Raisman: Without knowing who knew what when, we cannot identify all enablers or determine whether they are still in positions of power. We just can't fix a problem we don't understand

• 2:04:28 Senator Chuck Grassley (R-IA): I Hope this isn't something so sensitive, you don't feel you can talk about it. But do you have any thoughts or inputs to share about SafeSport, the national nonprofit entity that has been tasked by Congress with handling allegations from amateur athletes?
  Aly Raisman: Yeah, I personally think safe sport is...I'm trying to be respectful here...I don't like safe sport. I hear from many survivors that they report their abuse and it's like playing hot potato where someone else kicks it over to somebody else, and they don't hear back for a really long time. I think a really big issue is that safe sport is funded by USA Gymnastics or the United States Olympic Committee. I'm not sure exactly what the correct terminology is. But if you're SafeSport and you are funded by the organization you're investigating, they're likely not going to do the right thing. And so I think that it needs to be completely separate. And I personally think SafeSport needs a lot of work. And I know from many survivors and you know, my mom has personally reported things to safesport, but we've followed up so many times, they say we can't help you or they either ignore us or pass it on to somebody else and the person they pass it on to says they kick it back to them. It's just a complete mess and the priority doesn't seem to be safety and well being of athletes. It seems to be protecting USA Gymnastics and doing everything to keep the PR good.

• 2:10:15 Aly Raisman: Because the FBI made me feel like my abuse didn't count and it wasn't a big deal. And I remember sitting there with the FBI agent and him trying to convince me that it wasn't that bad. And it's taken me years of therapy to realize that my abuse was bad that it does matter.

• 2:11:33 Simone Biles: Okay, one more to add -- we also want to see them, at least be federally prosecuted to the fullest extent because they need to be held accountable.

• 3:03:54 FBI Director Christopher Wray: I want to be crystal clear, the actions and inaction of the FBI employees detailed in this report are totally unacceptable. These individuals betrayed the core duty that they have of protecting people. They failed to protect young women and girls from abuse. The work we do certainly is often complicated and uncertain, and we're never going to be perfect, but the kinds of fundamental errors that were made in this case in 2015 and 2016 should never have happened.

• 3:06:37 FBI Director Christopher Wray: When I received the Inspector General's report and saw that the Supervisory Special Agent in Indianapolis had failed to carry out even the most basic parts of the job, I immediately made sure he was no longer performing the functions of a Special Agent, and I can now tell you that that individual no longer works for the FBI in any capacity.

• 03:07:01 FBI Director Christopher Wray: As for the former Indianapolis specialists in charge, the descriptions of his behavior also reflect violations of the FBI, his long standing code of conduct and the ethical obligations for all FBI employees, especially senior officials. Now that individual has been gone for the Bureau for about three and a half years having retired in January of 2018. Before any review launched and I will say I will say it is extremely frustrating that we are left with little disciplinary recourse when people retire before their cases can be adjudicated.

• 3:11:10 Inspector General Michael Horowitz: Let me briefly just summarize the results of our investigation. In July 2015, USA Gymnastics reported the sexual assault allegations against Nassar to the FBI Indianapolis field office. USA Gymnastics officials described graphic information that had been provided by Ms. Maroney, Ms. Nichols and Ms. Raisman, and informed the FBI that all three athletes were available to be interviewed. However, it wasn't until six weeks later, on September 2, that the Indianapolis office interviewed Ms. Maroney by telephone as you heard, and neither Ms. Nichols nor Ms. Raisman were ever interviewed by that office. Moreover, the Indianapolis office did not formally document its interview of Ms. Maroney at the time, or its July meeting with USA Gymnastics. The Office also didn't formally open an investigation or an assessment of the matter. Immediately following that September 2 interview, the Indianapolis office and local federal prosecutors concluded there was no venue in Indianapolis for the federal investigation. Both offices also had serious questions as to whether there was federal criminal jurisdiction, as opposed to state or local jurisdiction. Yet the Indianapolis Field Office didn't advise state or local authorities about the allegations and didn't take any actions to mitigate the risks to gymnast that Nassar was continuing to treat. Further, that office failed to transfer the case to the FBI office that actually might have had venue, despite informing USA Gymnastics that it had actually done so.

• 3:12:45 Inspector General Michael Horowitz: After eight months of FBI inactivity, in May 2016, USA Gymnastics officials contacted the FBI Los Angeles field office to report the same allegations that they had provided to the Indianapolis office. Following this meeting, the LA office opened a federal investigation and undertook numerous investigative steps. But, critically, it didn't contact state or local authorities and it didn't take action to mitigate the ongoing threat presented by Nassar.

• 3:13:13 Inspector General Michael Horowitz: It wasn't until August 2016 when Michigan State University Police, that police department, received a separate sexual assault complaint from another gymnast. And in September 2016, the next month, the MSU Police Department executed a court authorized search of Nassar's residence. Among other things, they seized devices containing over 30,000 images of child pornography.

• 3:13:42 Inspector General Michael Horowitz: According to civil court documents, approximately 70 or more young athletes were allegedly sexually abused by Nassar under the guise of medical treatment between July 2015, when the FBI first received these allegations, until September 2016.

• 3:14:00 Inspector General Michael Horowitz: We further found that when the FBI’s handling of the Nassar matter came under scrutiny in 2017 and 2018, Indianapolis officials provided inaccurate information to make it appear that they had actually been diligent in their follow-up efforts, and did so in part by blaming others. In addition, it resulted in the Indianapolis Supervisory Special Agent drafting a summary of his telephonic interview of Ms. Maroney from 2015. That summary included statements, as you heard from Ms. Maroney, that didn't accurately reflect what she had told them and could have actually jeopardized the criminal investigations by including false information that could have bolstered Nasser's defense. Further, we concluded that that agent made false testimony statements to the OIG in two interviews that we conducted.

• 3:14:55 Inspector General Michael Horowitz: We also learned during our investigation that in the fall of 2015, the FBI Indianapolis Special Agent in Charge, Jay Abbott, met with USA Gymnastics president, Steve Penny, at a bar and discussed a potential job opportunity with the US Olympic Committee. Thereafter, Abbott engaged with Penny about both his interest in the US Olympic Committee job and the Nassar investigation, while at the same time participating in Nassar investigation discussions at the FBI. Abbott applied for the US Olympic Committee position in 2017. But wasn't selected. We determined that Abbott's actions violated the FBI's clear conflicts of interest policy. We also found that Abbott made false statements to the OIG and my agents in two interviews that we conducted.

• 3:19:21 FBI Director Christopher Wray: So we have something called CAFI's, which are Child Adolescent Forensic Interviewers. These are interviewers who are specially trained in the unique sensitivities of what it takes to interview people, victims, survivors of these kinds of crimes. And one of the reforms that we've put in place is to make crystal clear in policy that interviews of individuals like Miss Raisman should be conducted with those kinds of interviewers and they should not be conducted telephonically, they should be conducted in person wherever possible. That was true before, we've made it more clear now, and we're putting training in place --mandatory training.

• 3:20:12 Senator Dick Durbin (D-IL): General Horowitz, did any of the FBI employees or agents involved in this case deliberately misrepresent any facts to you and your investigation?
  Inspector General Michael Horowitz: They did. We found both that the person who wrote the report that Ms. Maroney testified about falsely testified to us about what he did in connection with that report, as well as other matters that we asked him about and Special Agent in Charge Abbott made false statements to us about the steps he took in 2015 when these allegations came in, but also about his job seeking efforts with the US Olympic Committee.
  Senator Dick Durbin (D-IL): Do these deliberate misrepresentations reach the level of criminal violation?
  Inspector General Michael Horowitz: Well, we found that they violated criminal law sufficiently that in what we do at that point is make the referral to prosecutors to assess them because that's who needs to make the decision whether or not there will be charges brought.
  Senator Dick Durbin (D-IL): Director Wray, what happened next?
  FBI Director Christopher Wray: Well, as inspector general Horowitz said, those were referred to the prosecutors over at the Justice Department and they're the ones that made the decision. As I understand it from Inspector General Horowitz's report the prosecutors at the Justice Department on two separate occasions, both in 2020 and then again in 2021, declined to prosecute, but I really would defer to the Justice Department for those.
  Senator Dick Durbin (D-IL): Are you personally aware or professionally aware of any facts or circumstances that would lead to that decision?
  FBI Director Christopher Wray: I am not.

• 3:22:49 FBI Director Christopher Wray: So there's a whole bunch of things we've done differently. First, we've accepted every single one of Inspector General Horowitz’s recommendations, and then some. We've already begun implementing all of those. We are strengthening policies, we're strengthening procedures. We're taking training, we're strengthening our systems, all building in double checked triple checks, safeguards, oversight, different ways of making sure that we cannot have as occurred here, in certain instances, a single point of failure. That's one of the lessons here that is just totally unacceptable. And so part of what's built in is a bunch of, as I said, double and triple, even quadruple checks to make sure that that doesn't happen, both in terms of how the initial reports are handled with the appropriate urgency, but also in terms of communication. One of the important recommendations from Inspector General Horowitz is reporting to state local law enforcement, as well as communications between field offices, transfers between field offices.

• 3:31:20 FBI Director Christopher Wray: My understanding of the most senior individual involved, based on looking at the thorough and independent investigation that Inspector General Horowitz conducted, was that the most senior individual with knowledge and responsibility was the Special Agent in Charge in Indianapolis, Mr. Abbott.

• 3:32:23 Inspector General Michael Horowitz: FBI policies don't require the level of detail and reporting to the headquarters unit that would, for example, put the responsibility directly on them to have notified state local authorities.

• 3:56:55 Senator Chris Coons (D-DE): My impression from what she'd said, and what I've read is that their concern is that USA Gymnastics and the Olympic Committee have thrown a variety of roadblocks into a genuinely thorough investigation into whether there had or hadn't been previous incidents similar to Dr. Nassar, either in USA Gymnastics or within sports more broadly. It is hard to believe that this is the only time that there's been a failing of this scale. Given, Director Wray, when you just said about the 16,000 arrests, we all know that the horror of child sexual abuse is tragically far more widespread in this country and around the world than any of us would like to see. So first. Mr. Horwitz, do you think there is still a pressing need? And who would be the appropriate entity to conduct that? And what if any advice do you have for us on respecting her request to this committee?
  Inspector General Michael Horowitz: It's a great question, Senator Coons. And, frankly, as you indicated, the reason we can do a report like this and other reports that we've been able to do is because of the statutory authorities that we've been given by the Congress that make us independent. And by the way, picking up on something Miss Raisman said, which was very perceptive, about who is funding the oversight, as you know, back in 2008, we were given an independent budget line so that our budget is not coming from the Justice Department, but is being set by an independent appropriator. I don't know, as I sit here, frankly, what the oversight mechanisms are currently on USOC and the other entities. But actually, one of the things I did have a chance to talk with Senator Blumenthal about during the break was the importance of given what I'd heard from these gymnast's, the very issue you just mentioned, which is thinking about what is the right independent oversight mechanism of those bodies, which are not just private entities, right? These are organizations that have been sanctioned by Congress to oversee our US athletes, and they need strong oversight as well and I'm happy to work with you as well Senator, and the committee, in thinking about how to do that because we are seeing the IG (Inspector General) model replicated in many places, as you know, across the country, including many state and local entities.

• 4:04:55 Senator Amy Klobuchar (D-MN): What steps are you taking to ensure that the agents communicate allegations of sexual assault with local law enforcement?
  FBI Director Christopher Wray: So we've enhanced our policies and procedures on the specific issue of reporting sake and local law enforcement built in. Now they have to document it, which they didn't have to before. And that builds in, as inspector general Horowitz referred to, an ability to hold them accountable. They have to alert their supervisors. So there's a second set of eyes. So that would help. We've also enhanced our training to make clear that it's mandatory and that's regardless of whether there's some question about potential federal jurisdiction. We can continue to investigate if we there's federal jurisdiction, but we have to do, on a parallel track, report to the appropriate state and local or, in some cases, social services agencies as well.

• 4:06:36 FBI Director Christopher Wray: So I appreciate the question. There are two pieces of this one. The Child Adolescent Forensic Interviewers (CAFIs), which again, is a very specific discipline that requires very specific sensitivities and skill sets. And we've changed our policies to reinforce the use of those interviewers for these kinds of cases. Second is our victim services division. And one of the things that we changed even before receiving inspector general Horowitz his report on my watch is to make clear that the victim services that we provide, which is a little bit different from the forensic interviewing part of it, but it's also very important to handling these survivors with the appropriate sensitivity, that that is triggered at any stage. There is not just a full investigation, but we're in when we're in the assessment or pre-assessment phase. It has to happen there too.

• 4:07:42 FBI Director Christopher Wray: The scale of this kind of criminality in the country, as reflected by the 18,000 investigations that we've had over the past five years and the 16,000 arrests that we with our partners have made over the last five years, I think goes to your question about resources. And I can assure you that if the Congress were to see fit to give us more resources for those programs, they would immediately be able to be put to good use.

• 4:12:15 Senator Richard Blumenthal (D-CN): Jay Abbott lied to you. Why do you in the course of your investigation of his Miss Congo 18 United States Code 1001. People get prosecuted for making false statements when they applied to a bank, federally insured bank for a mortgage. And here is a federal agent, the former Special Agent in Charge of the Indianeapolis office making a material false statement to you. In your investigation, you refer that for criminal prosecution, did you not?
  Inspector General Michael Horowitz: That's correct.

• 4:42:30 Senator Jon Ossoff (D-GA): Could you please elaborate on the nature of the discussions between Mr. Abbott and Mr. Penny, regarding potential employment for Mr. Abbott at institutions associated with USA Gymnastics or the US Olympic Committee?
  Inspector General Michael Horowitz: I can. They began, as I mentioned in a discussion that they had when they met at a bar in 2015, where Mr. Penny and Mr. Abbott discussed a future job opening, Head of Security at the US Olympic Committee, that Mr. Penny expected to occur. That initial discussion led to Mr. Abbott's interest in the position. And then there are ongoing discussions between the two of them, as we outlined in the report, in emails that we've seen, where Mr. Abbott expresses his interest in the job. And equally troubling, acknowledges that it would be inappropriate for him and a conflict of interest for him to pursue the position because of the ongoing Nassar investigation. Yet, as we found in 2017, that is precisely what he did in applying for the job, which he was never ultimately interviewed for.
  Senator Jon Ossoff (D-GA): And who initiated the discussion about employment prospects? Was that an opportunity dangled by Mr. Penny? Or was it solicited by Mr. Abbott?
  Inspector General Michael Horowitz: That was an opportunity mentioned first by Mr. Penny, because of his understanding that there might be a future retirement or an upcoming retirement at the US Olympic Committee.
  Senator Jon Ossoff (D-GA): So just to be clear, Mr. Penny, the Chief Executive at USA Gymnastics, while there is an ongoing FBI inquiry into gross misconduct, criminal activity and sexual abuse by at least one USA Gymnastics employee, raises with the Special Agent in Charge at the field office that is steering this investigation, the prospect of potentially lucrative and prestigious employment at a parallel organization where Mr. Penny may have influence. Is that correct?
  Inspector General Michael Horowitz: That's correct. And at the same time, writing in emails for example, how he's looking for additional information about the Nassar investigation and events as they occur.

• 4:46:06 Inspector General Michael Horowitz: The challenge on Mr. Abbott, with regard to the criminal issue here, which is 18 USC 208, which is the federal criminal statute is a, I think I mentioned this earlier, challenging one and that's being generous with speaking about how it's written to determine whether there was a criminal violation. The challenge here was, and I'm focused on the law here as to how 208 is because Mr. Abbott was looking for a job at the US Olympic Committee, and Mr. Penny was employed by the US Gymnastics Federation Association, two different entities, that situation is not clearly covered by 208. No matter how clear it would be to a layperson the interactions between those two entities.

Cover Art

Design by Only Child Imaginations

Music Presented in This Episode

Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)

The 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 

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Background Sources

Recommended Congressional Dish Episodes

CD236: January 6: The Capitol Riot
CD218: Minerals are the New Oil
CD210: The Afghanistan War
CD124: The Costs of For-Profit War

How We Got Here

Craig 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 Behind

William 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 Afghanistan

Matt 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 Gained

David 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.

Laws

S.1790 - National Defense Authorization Act for Fiscal Year 2020

Sponsor: Senator Jim Inhofe (R-OK)
Status: Became Public Law No: 116-92 on December 20, 2019

H.R. 3237: Emergency Security Supplemental Appropriations Act of 2021

Sponsor: Rep. Rosa DeLauro (D-CT)
Status: Signed into law, 2021

May 20 House Vote Breakdown
Congressional Budget Office Score

Law Outline

TITLE 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:

• U.S. Citizenship and Immigration Services. Policy Manual, Chapter 9: Certain Afghan Nationals
• U.S Department of State -- Bureau of Consular Affairs. “Special Immigrant Visas for Afghans - Who Were Employed by/on Behalf of the U.S. Government.”

Audio Sources

Gen. 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

• General Mark Milley: The time frame of rapid collapse that was widely estimated and ranged from weeks to months, and even years following our departure, there was nothing that I or anyone else saw that indicated a collapse of this army and this government in 11 days. Central Command submitted a variety of plans that were briefed and approved by the Joint Chiefs of Staff, the Secretary of Defense and the President. These plans were coordinated, synchronized and rehearsed to deal with these various scenarios. One of those contingencies is what we are executing right now. As I said before, there's plenty of time to do AARs(After Action Reviews) and key lessons learned and to delve into these questions with great detail. But right now is not that time. Right now, we have to focus on this mission, because we have soldiers at risk. And we also have American citizens and Afghans who supported us for 20 years also at risk. This is personal and we're going to get them out.

President Biden on Afghanistan Withdrawal

Transcript

July 8, 2021

Sound Clips

• 01:30 President Biden: When I announced our drawdown in April, I said we would be out by September, and we're on track to meet that target. Our military mission in Afghanistan will conclude on August 31. The drawdown is proceeding in a secure and orderly way, prioritizing the safety of our troops as they depart

• 3:40 President Biden: Together with our NATO allies and partners, we have trained and equipped nearly 300,000 current serving members of the military, the Afghan national security force, and many beyond that are no longer serving. Add to that hundreds of thousands more Afghan national defense and security forces trained over the last two decades.

• 04:04 President Biden: We provided our Afghan partners with all the tools, let me emphasize, all the tools -- training, equipment -- of any modern military. We provided advanced weaponry, and we're going to continue to provide funding and equipment and we'll ensure they have the capacity to maintain their Air Force.

• 5:54 President Biden: We're also going to continue to make sure that we take on Afghan nationals who worked side by side with US forces, including interpreters and translators. Since we're no longer going to have military there after this, we're not going to need them and they'll have no jobs. We're [sic] also going to be vital to our efforts. they've been very vital, and so their families are not exposed to danger as well. We've already dramatically accelerated the procedure time for Special Immigrant Visas to bring them to the United States. Since I was inaugurated on January 20, we've already approved 2,500 Special Immigrant Visas to come to the United States. Up to now, fewer than half have exercised the right to do that. Half have gotten on aircraft and come commercial flights and come and other half believe they want to stay, at least thus far. We're working closely with Congress to change the authorization legislation so that we can streamline the process of approving those visas. And those who have stood up for the operation to physically relocate 1000s of Afghans and their families before the US military mission concludes so that, if they choose, they can wait safely outside of Afghanistan, while their US visas are being processed.

• 8:13 President Biden: For those who have argued that we should stay just six more months, or just one more year, I asked them to consider the lessons of recent history. In 2011, the NATO allies and partners agreed that we would end our combat mission in 2014. In 2014, some argued one more year. So we kept fighting. We kept taking casualties. In 2015, the same, and on and on. Nearly 20 years of experience has shown us that the current security situation only confirms that just one more year of fighting in Afghanistan is not a solution, but a recipe for being there indefinitely. It's up to the Afghans to make the decision about the future of their country. Others are more direct. Their argument is that we should stay with the Afghans and Afghanistan indefinitely. In doing so they point to the fact that we we have not taken losses in this last year. So they claim that the cost of just maintaining the status quo is minimal.

• 9:19 President Biden: But that ignores the reality, and the facts that already presented on the ground in Afghanistan when I took office. The Taliban is at its strongest militarily since 2001. The number of US forces in Afghanistan had been reduced to a bare minimum. And the United States and the last administration made an agreement that they have to with the Taliban remove all our forces by May 1 of this year. That's what I inherited. That agreement was the reason the Taliban had ceased major attacks against US forces.

• 9:55 President Biden: If in April, I had instead announced that the United States was going to go back on that agreement, made by the last administration, the United States and allied forces will remain in Afghanistan for the foreseeable future, the Taliban would have again begun to target our forces. The status quo was not an option. Staying would have meant US troops taking casualties, American men and women back in the middle of a civil war, and we would run the risk of having to send more troops back in Afghanistan to defend our remaining troops. Once that agreement with the Taliban had been made, staying with a bare minimum force was no longer possible.

• 10:34 President Biden: So let me ask those who want us to stay: how many more? How many 1000s more Americans' daughters and sons are you willing to risk? How long would you have them stay? Already we have members of our military whose parents fought in Afghanistan 20 years ago. Would you send their children and their grandchildren as well? Would you send your own son or daughter? After 20 years, a trillion dollars spent training and equipping hundreds of 1000s of Afghan National Security and Defence Forces. 2,448 Americans killed, 20,722 more wounded, and untold 1000s coming home with unseen trauma to their mental health. I will not send another generation of Americans to war in Afghanistan with no reasonable expectation of achieving a different outcome.

• 11:51 President Biden: Today the terrorist threat has metastasized beyond Afghanistan. So, we are repositioning our resources and adapting our counterterrorism posture to meet the threats where they are now: significantly higher in South Asia, the Middle East and Africa.

• 12:07 President Biden: But make no mistake, our military and intelligence leaders are confident they have the capabilities to protect the homeland and our interests from any resurgent terrorist challenge emerging or emanating from Afghanistan. We're developing a counterterrorism over-the-horizon capability that will allow us to keep our eyes firmly fixed at any direct threat to the United States in the region and act quickly and decisively if needed.

• 12:38 President Biden: We also need to focus on shoring up America's core strengths to meet the strategic competition competition with China and other nations that is really going to determine our future.

• 14:58 Reporter: Is the Taliban takeover of Afghanistan now inevitable?
  President Biden: No. It is not. Because you have the Afghan troops, 300,000. Well equipped, as well equipped as any army in the world, and an air force against something like 75,000 Taliban. It is not inevitable.

• 15:45 President Biden: Do I trust the Taliban? No, but I trust the capacity of the Afghan military who is better trained, better equipped, and more competent in terms of conducting war.

• 18:07 Reporter: Your own intelligence community has assessed that the Afghan government will likely collapse
  President Biden: That is not true

• 18:53 President Biden: And I want to make clear what I made clear to Ghani, that we are not going to walk away and not sustain their ability to maintain that force. We are. We're going to also work to make sure we help them in terms of everything from food necessities and other things in the region. But there is not a conclusion that in fact, they cannot defeat the Taliban. I believe the only way there's going to be -- this is now Joe Biden, not the intelligence community -- the only way there's only going to be peace and secure in Afghanistan, is that they work out a modus vivendi with the Taliban, and they make a judgement as to how they can make peace. And the likelihood there's going to be one unified government in Afghanistan, controlling the whole country is highly unlikely.

• 21:30 Reporter: Mr. President, how serious was the corruption among the Afghanistan government to this mission failing there?
  President Biden: First of all, the mission hasn't failed yet.

• 22:00 President Biden: There were going to be negotiations between the Taliban and the Afghan national security forces, and the Afghan government that didn't come to fruition. So the question now is where do they go from here? The jury is still out, but the likelihood there's going to be the Taliban overrunning everything and owning the whole country is highly unlikely.

• 23:20 Reporter: Mr. President, "speed is safety," as you just said in your remarks. Are you satisfied with the timeline of relocating Afghan nationals? Is it happening quickly enough to your satisfaction if it may not happen until next month at the end?
  President Biden: It has already happened, there have already been people, about 1000 people have gotten on aircraft and come to the United States already on commercial aircraft. So as I said, there's over 2500 people, that as from January to now, have have gotten those visas and only half decided that they wanted to leave. The point is that I think the whole process has to be speeded up -- period -- in terms of being able to get these visas.
  Reporter: Why can't the US evacuate these Afghan translators to the United States to await their visa processing as some immigrants of the southern border have been allowed to?
  President Biden: Because the law doesn't allow that to happen. And that's why we're asking the Congress to consider changing the law.

President Biden Remarks on Afghanistan Strategy

Transcript

April 14, 2021

Sound Clips

• 00:38 President Biden: I'm speaking to you today from the Roosevelt -- the Treaty room in the White House -- the same spot where in October of 2001, President George W. Bush informed our nation that the United States military had begun strikes on terrorist training camps in Afghanistan. It was just weeks, just weeks after the terrorist attack on our nation that killed 2,977 innocent souls, that turned Lower Manhattan into a disaster area, destroyed parts of the Pentagon and made hallowed ground in a field in Shanksville, Pennsylvania, and sparked an American promise that we would never forget. We went to Afghanistan in 2001, to root out al Qaeda to prevent future terrorist attacks against the United States planned from Afghanistan. Our objective was clear, the cause was just, our NATO allies and partners rallied beside us. And I supported that military action along with the overwhelming majority of the members of Congress. More than seven years later, in 2008 weeks before we swore the oath of office -- President Obama and I were about to swear -- President Obama asked me to travel to Afghanistan and report back on the state of the war in Afghanistan. I flew to Afghanistan to the Kunar Valley, a rugged, mountainous region on the border of Pakistan. What I saw on that trip reinforced my conviction that only the Afghans have the right and responsibility to lead their country. And that more and endless American military force could not create or sustain a durable Afghan Government. I believed that our presence in Afghanistan should be focused on the reason we went in the first place: to ensure Afghanistan would not be used as a base from which to attack our homeland again. We did that, we accomplished that objective. I said, along with others, we would follow Osama bin Laden to the gates of hell if need be. That's exactly what we did. And we got him. It took us close to 10 years to put President Obama's commitment into form. And that's exactly what happened Osama bin Laden was gone. That was 10 years ago. Think about that. We delivered justice to Bin Laden a decade ago. And we've stayed in Afghanistan for a decade since. Since then, our reasons for remaining in Afghanistan have become increasingly unclear, even as the terrorist threat that we went to fight evolved. Over the past 20 years, the threat has become more dispersed, metastasizing around the globe. Al Shabaab in Somalia, Al Qaeda in the Arabian Peninsula, on Al Nusra in Syria, ISIS attempting to create a caliphate in Syria and Iraq and establishing affiliates in multiple countries in Africa and Asia. With the terror threat now in many places, keeping 1000s of troops grounded and concentrated in just one country at a cost of billions each year makes little sense to me and our leaders. We cannot continue the cycle of extending or expanding our military presence in Afghanistan, hoping to create ideal conditions for the withdraw and expecting a different result. I'm now the fourth United States President to preside over American troop presence in Afghanistan: two Republicans, two Democrats. I will not pass this responsibility on to a fifth. After consulting closely with our allies and partners, with our military leaders and intelligence personnel, with our diplomats and our development experts, with the Congress and the Vice President, as well as with Mr. Ghani and many others around the world. I concluded that it's time to end America's longest war. It's time for American troops to come home.

• 5:01 President Biden: When I came to office, I inherited a diplomatic agreement, duly negotiated between the government of the United States and the Taliban, that all US forces would be out of Afghanistan by May 1 2021, just three months after my inauguration. That's what we inherited. That commitment is perhaps not what I would have negotiated myself, but it was an agreement made by the United States government. And that means something. So in keeping with that agreement, and with our national interest, the United States will begin our final withdrawal beginning on May 1 of this year.

• 8:11 President Biden: You all know that less than 1% of Americans serve in our Armed Forces. The remaining 99%, we owe them. We owe them. They've never backed down from a single mission that we've asked of them. I've witnessed their bravery firsthand during my visits to Afghanistan. They've never wavered in their resolve. They paid a tremendous price on our behalf and they have the thanks of a grateful nation.

The Special Inspector General for Afghanistan Reconstruction (SIGAR) High-Risk List

Center for Strategic and International Studies

Transcript

March 10, 2021

Speaker:

• John Sopko - Special Inspector General for Afghanistan Reconstruction

Sound Clips

• 7:40 John Sopko: But right now, that state is under threat. In the wake of the February 2020 withdrawal agreement, all is not well. Compromise appears in short supply on either side. Taliban attacks have actually increased since the agreement was signed. Assassination of prominent officials, activists, journalists, aid workers and others have also increased, including an unsuccessful attack on one of the female members of the peace negotiating team. And the Taliban offensive on Kandahar city last October, as peace negotiations were ongoing, may well have succeeded, were it not for U.S. air support. Peace talks between the Afghan government and the Taliban have achieved little for Afghanistan so far, and only time will tell as to whether the new Biden administration initiative will bear fruit. And the Afghan people's fears for its own government survival are exacerbated by the knowledge of how dependent their country is on foreign military and financial support.

• 12:56 John Sopko: Another equally serious threat to Afghanistan’s stability has also largely been ignored as we focus on the boots on the ground in Afghanistan. And that is the provision of last year's U.S.-Taliban agreement that stipulates that in addition to the departure of U.S. and coalition troops, or non-diplomatic civilian personnel: private security contractors, trainers, advisors, and supporting service personnel also must leave the country by May 1. Should this come to passSIGAR and many others believe this may be more devastating to the effectiveness of the Afghan security forces than the withdrawal of our remaining troops. Why is that? Because the Afghan government relies heavily on these foreign contractors and trainers to function. In the first quarter of fiscal year 2021 there are over 18,000 Defense Department contractors in Afghanistan, including 6000 Americans, and 7,000 3rd country nationals, 40% of whom are responsible for logistics, maintenance, or training tasks. Now, it is well known that the Afghan security forces need these contractors to maintain their equipment, manage supply chains, and train their military and police to operate the advanced equipment that we have purchased for them. For example, as of December, the Afghan National Army was completing just under 20% of its own maintenance work orders, well below the goal of 80% that was set and the 51% that they did in 2018. So that's actually going down. The Afghan National Police were just as bad if not worse, undertaking only 12% of their own maintenance work against a target of 35% and less than the 16% that we reported in our 2019 high risk list. Additionally, and more troubling. The Department of Defense does train, advise and assist command air, or commonly called TAC air recently reported that since late 2019, they have reduced their personnel in Afghanistan by 94%, and that the military drawdown now requires near total use of contract support to maintain the Afghan Air fleet. They assess that quote “further drawdown in the associated closure basis will effectively end all in country aviation training contracts in Afghanistan.” Again, why is this significant? Why do we view this as a high risk? Namely because contractors currently provide 100% of the maintenance for the Afghan Air Force, UAE 60 helicopters and CE 130 cargo aircraft and a significant portion of Afghans Light Combat Support aircraft. TAC air this January gave a bleak assessment, namely, that no Afghan airframe can be sustained as combat effective for more than a few months in the absence of contractor support.

• 17:51 John Sopko: Continued funding for U.S. reconstruction programs aimed at promoting economic development, rule of law, respect for human rights, good governance and security for the Afghan people may be more significant, because it may be the primary lever left for the US and other donors to influence that country. It appears that even the Taliban understand Afghanistan's dire need for foreign assistance. Because, as one of the few commitments that the US had to make last year was, “to seek economic cooperation for reconstruction, with the new post settlement, Afghan Islamic government.” Now how much the donor community wishes to stay involved will of course depend on what that government looks like and how it behaves. Numerous officials, including then Secretary of State Pompeo and Ambassador Halley, have stated that the US will be able to advance its human rights goals, including the rights of women and girls with the Taliban by leveraging or conditioning this much needed financial assistance. But unfortunately, as SIGAR has long reported, even when conditionality involved only dealing with the Afghan government, donors do not have a stellar record of successfully utilizing that conditionality to influence Afghan behavior.

• 27:19 John Sopko: Today our report suggests the donor community should realize the Afghan government is focused on a single goal, its survival. Afghanistan is more dependent on international support than ever before. It may not be an overstatement that if foreign assistance is withdrawn and peace negotiations fail, Taliban forces could be at the gates of Kabul in short order.

Hearing: A PATHWAY FOR PEACE IN AFGHANISTAN: EXAMINING THE FINDINGS AND RECOMMENDATIONS OF THE AFGHANISTAN STUDY GROUP

House Committee on Oversight and Reform: Subcommittee on National Security

February 19, 2021

Testimony was heard from the following Afghanistan Study Group officials:

• Kelly A. Ayotte, Co-Chair;
  • News Corp Board of Directors since April 2017
  • BAE Systems Board of Directors since June 2017
  • Blackstone Board of Directors
  • Boston Properties Board of Directors
  • Caterpillar Board of Directors
  • Board of Advisors at Cirtronics
• General Joseph F. Dunford, Jr. (Retired), Co-Chair
  • Former Chairman of the Joint Chiefs of Staff during the Obama and Trump presidencies.
  • Lockheed Martin Board of Directors since February 2020
• Nancy Lindborg, Co-Chair
  • President and CEO of the David Lucile Packard Foundation
  • Former President and CEO of the US Institute for Peace
  • Former Assistant Administrator for the bureau for democracy conflict and humanitarian assistance at USAID During the mid-Obama years.

Sound Clips

• 3:13 Rep. Stephen Lynch (MA): I'd also like to take a moment to thank the nonpartisan US Institute of Peace for the support and expertise they provided to the study group during the course of its work.

• 3:23 Rep. Stephen Lynch (MA): In the fiscal year 2020 omnibus bill Congress led by Senator Graham Senator Patrick Leahy and the Senate Appropriations Subcommittee of state foreign ops and related programs. They tasked the independent and bipartisan Afghanistan study group to quote, consider the implications of a peace settlement or the failure to reach a settlement on US policy, resources and commitments in Afghanistan. After nearly nine months of review and consultation with current and former US and Afghan government officials, allies and partners and other key stakeholders, the Afghanistan study group issued its final report earlier this month.

• 15:12 Kelly Ayotte: We recommend that US troops remain beyond may 1. We believe a precipitous withdrawal of US and international troops in May, would be catastrophic for Afghanistan, leading to civil war, and allow the reconstitution of terror groups which threaten the United States within an 18 to 36 month period.

• 15:41 Kelly Ayotte: Let me be clear, although we recommend that our troops remain beyond may 1, we propose a new approach toward Afghanistan, which aligns our policies, practices and messaging across the United States government to support the Afghan peace process, rather than prosecute a war. Our troops would remain not to fight a forever war, but to guarantee the conditions for a successful peace process and to protect our national security interests to ensure that Afghanistan does not become a haven again, for terrorists who threaten the United States of America.

• 37:15 General Joseph F. Dunford: Do we need to increase forces if the Taliban don't accept an extension past the first of May, and if they then would re initiate attacks against US forces? and Chairman, we heard exactly what you heard. In the fall. What we were told by commanders on the ground in the department of fence was that 4500 US forces, in addition to the NATO forces that are there was the minimum level to address both the mission as well as protection of our forces in the context of the conditions that existed in the fall in as you've highlighted, those conditions have only gotten worse since the fall so in in our judgment 2500 would not be adequate. Should the Taliban re initiate attacks against the United States

Hearing: Examining the Trump Administration’s Afghanistan Strategy

House Committee on Oversight and Reform, Subcommittee on National Security

January 28, 2020

Witness:

• John Sopko - Special Inspector General for Afghanistan Reconstruction (SIGAR)

Sound Clips

• 48:54 John Sopko: We've almost created a system that forces people in the government to give happy talk success stories because they're over there on very short rotations. They want to show success. The whole system is almost geared to give you, and it goes up the chain of command, all the way to the President sometimes. He gets bad information from people out in the field because somebody on a nine month rotation, he has to show success, and that goes up.

• 54:24 John Sopko: Maybe incentivize honesty. And one of the proposals I gave at that time,be cause I was asked by the staff to come up with proposals, is put the same requirement on the government that we impose on publicly traded corporations. Publicly traded corporations have to tell the truth. Otherwise the SEC will indict the people involved. They have to report when there's a significant event. So put that onus, call it The Truth in Government Act if you want, that you in the administration are duty bound by statute to alert Congress to significant events that could directly negatively impact a program or process. So incentivize honesty.

• 1:10:25 John Sopko: Over 70% of the Afghan budget comes from the United States and the donors. If that money ended, I have said before and I will stand by it, then the Afghan government will probably collapse.

Wartime Contracting

Senate Committee on Homeland Security and Governmental Affairs

September 21, 2011

Witnesses:

• Charles Tiefer: Commissioner on the Commission on Wartime Contracting
• Clark Kent Ervin: Commissioner on the Commission on Wartime Contracting

Sound Clips

• 1:11:30 Charles Tiefer: Our private security in Afghanistan appears to be a major source of payoffs to the Taliban. Our report has the first official statement that it’s the second-largest source of money for the Taliban. Sen. Carl Levin: After drugs. Charles Tiefer: After drugs, that’s right.

• 1:25:18 Clark Kent Ervin: It’s critical that the government have a choice, and that means that there needs to be at least a small and expandable, organic capacity on the part of these three agencies to perform missions themselves, so the next time there’s a contingency, the government has a choice between going with contractors and going in-house and the determination can be made whether it’s more effective to do it either way, whether it’s cheaper to do it either way. As we said at the inception, right now the government doesn’t have an option. Contractors are the default option because they’re the only option.

President George W. Bush announces U.S. Military Strikes on Afghanistan

October 7, 2001

• President George W. Bush: Good afternoon. On my orders, the United States military has begun strikes against Al-Qaeda terrorist training camps and military installations of the Taliban regime in Afghanistan. These carefully targeted actions are designed to disrupt the use of Afghanistan as a terrorist base of operations and to attack the military capability of the Taliban regime. More than two weeks ago, I gave Taliban leaders a series of clear and specific demands: close terrorist training camps, hand over leaders of the Al-Qaeda network, and return all foreign nationals including American citizens unjustly detained in your country. None of these demands were met and now the Taliban will pay a price by destroying camps and disrupting communications. We will make it more difficult for the terror network to train new recruits and coordinate their evil plans. **

International Campaign Against Terrorism

Senate Foreign Relations Committee

October 25, 2001

Witness:

• Colin Powell: Secretary of State

Sound Clip

• 27:00 Colin Powell: Our work in Afghanistan though, is not just of a military nature. We recognize that when the Al Qaeda organization has been destroyed in Afghanistan, and as we continue to try to destroy it in all the nations in which it exists around the world, and when the Taliban regime has gone to its final reward, we need to put in place a new government in Afghanistan, one that represents all the people of Afghanistan and one that is not dominated by any single powerful neighbor, but instead is dominated by the will of the people of Afghanistan.

Executive Producer Recommendations

Elect Stephanie Gallardo 2022

Krystal Kyle and Friends. August 21, 2021. “Episode 35 Audio with Matthew Hoh.”

Cover Art

Design by Only Child Imaginations

Music Presented in This Episode

Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)

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

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Background Sources

Recommended Congressional Dish Episodes

CD236: 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 Strategy

U.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.

John Cohen LinkedIn profile

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 Aftermath

Natalia 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 Partnerships

Rachael 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."

Laws

H.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
Congressional Budget Office Score

Law Outline

TITLE I: DEPARTMENT OF DEFENSE

Emergency funding appropriated...

• $600 million for the National Guard
• $500 million for the "Overseas Humanitarian, Disaster, and Civic Aid" account

TITLE II: DEPARTMENT OF HEALTH AND HUMAN SERVICES

Emergency funding appropriated...

• $25 million for Refugee and Entrant Assistance for Afghans

TITLE III: LEGISLATIVE BRANCH

SENATE AND HOUSE OF REPRESENTATIVES

Emergency funding appropriated...

• $11.6 million for the House of Representatives for coronavirus related expenses.
• $ 8 million for the Senate Sergeant at Arms for coronavirus related expenses
• $346 thousand for the families of late members of Congress Ronald Wright and Alcee Hastings.

CAPITOL POLICE

Emergency funding appropriated...

• $37.5 million for "Salaries" account for January 6 related expenses

  • $3.6 million is for retention bonuses
  • $6.9 million for hazard pay
  • $1.4 million for a wellness program for the Capitol Police officers

• $33 million for "General Expenses" account for January 6 related expenses

  • At least $5 million must be spent on "reimbursable agreements with State and local law enforcement agencies"
  • At least $4.8 million for protective details for Congress
  • $2.6 million for physical protection barriers and other civil disturbance unit equipment
  • $2.5 million to the US Marshalls Service for providing counseling to Capitol Police officers.
  • $800,000 for coronavirus expenses

• $35.4 million for mutual aid and training

  • $9 million for payments to other local law enforcement partners who responded on January 6
  • Leaves $25 million for Capitol Police training

ARCHITECT OF THE CAPITOL

Emergency funding appropriated...

• $22 million for coronavirus expenses

CAPITOL POLICE BUILDINGS, GROUNDS AND SECURITY

Emergency funding appropriated to the Capitol Police and Architect of the Capitol Police...

• $300 million to repair January 6th damage
  • $281 million for windows, doors, and enhances physical security
  • $17 million for security cameras

GENERAL PROVISIONS

Sec. 310: No Permanent Fencing

• No funds now or in the future can be used to install "permanent, above ground fencing around the perimeter, or any portion thereof, of the United States Capitol Grounds.

TITLE IV: BILATERAL ECONOMIC ASSISTANCE

DEPARTMENT OF STATE, MIGRATION AND REFUGEE ASSISTANCE

Emergency funding appropriated...

• $100 million for "humanitarian needs in Afghanistan and to assist Afghan refugees"
• $500 million for the "United States Emergency Refugee and Migration Assistance Fund"

GENERAL PROVISIONS

Extension and Modification of the Afghan Special Immigrant Visa Program (See episode CD238)

TITLE V: DEPARTMENT OF JUSTICE

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

Emergency funding appropriated...

• $1.1 million for reimbursements for protecting Joe Biden between his election and inauguration

USA PATRIOT Act

Sponsor: James Sensenbrenner Jr. (R-WI)

Status: Signed into law, 2001

• Financial Crimes Enforcement Network (FinCEN). August 24, 2021. “FinCEN's 314(a) Fact Sheet.” United States Department of the Treasury.

• FinCEN. December 2020. “314(b) Fact Sheet.” United States Department of the Treasury.

• United States Department of the Treasury. February 10, 2011. "Fact Sheet: Overview of Section 311 of the USA PATRIOT Act"

• Douglas N. Greenburg, John Roth, and Katherine A. Sawyer. June 2007. “Special Measures Under Section 311 of the USA PATRIOT Act.” Review of Banking and Financial Services

Bills

S. 1896: Algorithmic Justice and Online Platform Transparency Act

Sponsor: Doris Matsui (D-CA)

Status: Introduced, May 28, 2021

S. 937: COVID-19 Hate Crimes Act

Sponsor: Mazie Hirono (D-HI)

Status: Enacted, March 23, 2021

H.Res. 272: Calling for the designation of Antifa as a domestic terrorist organization

Sponsor: Lauren Boebert (R-CO)

Status: Introduced to the House, March 26, 2021

S. 963: Domestic Terrorism and Hate Crimes Prevention Act

Sponsor: Richard Durbin (D-IL) Status: Sent to the Senate for consideration March 25, 2021

S. 964: Domestic Terrorism Prevention Act of 2021

Sponsor: Richard Durbin (D-IL)

Status: Introduced, March 24, 2021

H.R. 657: District of Columbia National Guard Home Rule Act

Sponsor: Eleanor Norton (D-DC) Status: Introduced, February 1, 2021

S. 130: District of Columbia National Guard Home Rule Act

Sponsor: Chris Van Hollen (D-MD)

Status: Introduced January 28, 2021

H.R. 350: Domestic Terrorism Prevention Act of 2021

Sponsor: Brad Schneider (D-IL)

Status: Introduced January 19, 2021

H.R. 4192: Confronting the Threat of Domestic Terrorism Act

Sponsor: Adam Schiff (D-CA)

Status: Died in 116th Congress

The Hearings

Resources and Authorities Needed to Protect and Secure the Homeland

Senate Committee on Homeland Security and Governmental Affairs
July 27, 2021

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
July 22, 2021

Testimony was heard from the following Department of Homeland Security officials:

• Stephanie Dobitsch, Deputy Undersecretary, Office of Intelligence and Analysis
  • Previously served as former Vice President Mike Pence’s special adviser for the Middle East and North Africa
• Jeremy Sheridan, Assistant Director, Office of Investigations, U.S. Secret Service; and
• John Eisert, Assistant Director, Investigative Programs, Homeland Security Investigations, Immigration and Customs Enforcement.

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 II

Senate Committee on Homeland Security and Governmental Affairs and Committee on Rules and Administration
March 3, 2021
Hearing on C-SPAN Day II, Part I Hearing on C-SPAN Day II, Part II

Testimony was heard from:

• Robert Salesses, Senior Official Performing the Duties of the Assistant Secretary for Homeland Defense and Global Security at the U.S. Department of Defense
• Major General William Walker, Commanding General of the DC National Guard
• Jill Sanborn, Assistant Director, Counterterrorism Division Federal Bureau of Investigation, U.S. Department of Justice

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 Beyond

House Committee on Homeland Security, Subcommittee on Intelligence and Counterterrorism
March 24, 2021

Testimony was heard from:

• Dana Nessel, Attorney General, Michigan
• Aaron Ford, Attorney General, Nevada
• John Chisholm, District Attorney, Milwaukee County, Wisconsin

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 Insurrection

House Committee on Financial Services, Subcommittee on National Security, International Development, and Monetary Policy
February 25, 2021

Testimony was heard from:

• Iman Boukadoum, Senior Manager, Leadership Conference on Civil and Human Rights
• Lecia Brooks, Executive Director, Southern Poverty Law Center
• Daniel Glaser
  • Global Head Jurisdictional Services and Head of Washington, DC Office at K2 Integrity
  • Senior Advisor at the Foundation for Defense of Democracies
  • Board member at the Qatar Financial Centre Regulatory Authority
  • Former Assistant Secretary for Terrorist Financing and Financial Crimes, U.S. Department of the Treasury
• Daniel Rogers Co-Founder and Chief Technical Officer at Global Disinformation Index
• Daveed Gertenstein-Ross, CEO of Valens Global

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
June 15, 2021
Testimony was heard from:

• General Charles E. Flynn, Commanding General, U.S. Army Pacific
• Lieutenant General Walter E. Piatt, Director of the Army Staff, U.S. Army
• Christopher Wray, Director, Federal Bureau of Investigation

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 information 

Robyn Thirkill

• Instagram: @Flossies_Farmstead
• LinkedIn

Cover Art

Design by Only Child Imaginations

Music Presented in This Episode

Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)

Congress 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

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Please make checks payable to Congressional Dish

Thank you for supporting truly independent media!

Recommended Congressional Dish Episodes

Q: Into the Storm, HBO

CD226: Lame Duck

Bills

H.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

• Article: 587 people have been charged in the Capitol insurrection so far. This searchable table shows them all. by Madison Hall, Skye Gould, Rebecca Harrington, Jacob Shamsian, Azmi Haroun, Taylor Ardrey, and Erin Snodgrass, Insider, July 23, 2021
• Article: Tampa man, 20, admits intending to block Congress with Oath Keepers in new Capitol riot guilty plea by The Washington Post, July 20, 2021
• Article: Tampa man, 20, admits intending to block Congress with Oath Keepers in new Capitol riot guilty plea by The Washington Post, July 19, 2021
• Article: What were the Capitol rioters thinking on Jan. 6? by The Washington Post, July 19, 2021
• Article: “You’re Gonna Have a Fucking War”: Mark Milley’s Fight to Stop Trump from Striking Iran by Susan B. Glasser, The New Yorker, July 15, 2021
• Article: To Trump's hard-core supporters, his rallies weren't politics. They were life. by The Washington Post, July 15, 2021
• Article: Michael Flynn posts video featuring QAnon slogans By Marshall Cohen, CNN, July 7, 2021
• Article: Latest alleged Oath Keeper arrested in Capitol riot turned over body armor and firearm by The Washington Post, July 2, 2021
• Article: ‘Zip Tie Guy’ and His Mother Plead Not Guilty to New Charges in U.S. Capitol Siege by Aaron Keller, Law & Crime, June 23, 2021
• Article: Man charged with bringing molotov cocktails to Capitol on Jan. 6 has Texas militia ties, contacted Ted Cruz's office, court papers allege by The Washington Post, May 24, 2021
• Article: Maryland man, indicted for bringing gun to Capitol riot, could face decades in prison by Jordan Fischer, Eric Flack, Stephanie Wilson, WUSA9, May 18, 2021
• Article: DC medical examiner confirms causes of death of 4 who died in Jan. 6 Capitol riot By Kelli Dugan, Cox Media Group National Content Desk, 11NEWS, April 7, 2021
• Article: The lawyer for the 'QAnon Shaman' wants to use Trump's speech before the insurrection as part of his defense by Jacob Shamsian, Insider, March 1, 2021
• Two Members of the Proud Boys Indicted for Conspiracy, Other Charges Related to the Jan. 6 Riots By United States Department of Justice, January 29, 2021
• Article: Former Army captain arrested after live-streaming Capitol riot By Kyle Rempfer, AirForceTimes, January 22, 2021
• Article: 'Trump said I could': One possible legal defense for accused rioters. By Teri Kanefield and Mark Reichel, The Washington Post, January 11, 2021
• Article: Did 5 People Die During Jan. 6 Capitol Riot? by Alex Kasprak, Snopes, January 7, 2021
• Article: FBI focuses on whether some Capitol rioters intended to harm lawmakers or take hostages by The Washington Post, January 7, 2021
• Article: Trump’s supporters think they’re being patriotic. And that’s the problem. by Christine Adams, The Washington Post, January 7, 2021
• Article: Capitol riot: Army vet who tended bar accused by FBI of conspiring in insurrection  by AMSNBS, 2021
• Article: All 10 living former defense secretaries: Involving the military in election disputes would cross into dangerous territory by The Washington Post, January 3, 2021
• Article: 'I just want to find 11,780 votes': In extraordinary hour-long call, Trump pressures Georgia secretary of state to recalculate the vote in his favor by The Washington Post, January 3, 2021
• Article: Capitol riots by The Washington Post, 2021
• Article: Another MAGA Rally To Take Place In D.C. On The Day Congress Declares Election Results by Matt Blitz, WAMU 88.5, November 27, 2020
• Article: Trump’s Election Attack Ends December 14—Whether He Knows It or Not by Lily Hay Newman, Wired, November 27, 2020

Additional Resources

• U.S.A. v. Mark Grods U.S. District Court for the District of Columbia, June 28, 2021
• Defense Timeline for January 6th
• Examining the U.S. Capitol Attack: A Review of the Security, Planning and Response Failures on January 6 Committee on Homeland Security and Governmental Affairs, Committee on Rules and Administration
• U.S.A. v. Christopher Alberts U.S. District Court for the District of Columbia, January 27, 2021
• U.S.A. v. Lonnie Leroy Coffman U.S. District Court for the District of Columbia, January 11, 2021
• U.S.A. v. Ethan Nordean, Joseph Biggs, Zachary Rehl and Charles Donohue U.S. District Court for the District of Columbia, January 8, 2021
• Video: Seeking Information: Pipe Bombs in Washington, D.C. F.B.I., January 5, 2021

Sound Clip Sources

Hearing: USCP OVERSIGHT FOLLOWING JANUARY 6 ATTACK, Senate Committee on Rules and Administration, June 16, 2021

Watch on C-SPAN

Witnesses:

• Michael Bolton
  • Inspector General of the US Capitol Police

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, 2021

Watch on Youtube

Witnesses:

• Lt. General Walter Piatt
  • Director of the Army Staff
• General Charles Flynn
  • Commanding General of the US Army Pacific
• Chris Wray
  • FBI Director

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, 2021

Watch on Youtube

Witnesses:

• Chris Miller
  • Former Acting Secretary of Defense
• Robert Contee
  • Chief of the Metropolitan Police Department

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, 2021

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Witnesses:

• Dana Nessel
  • Attorney General, Michigan
• Aaron Ford
  • Attorney General, Nevada
• John Chisholm
  • District Attorney, Milwaukee County, Wisconsin.

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, 2021

Day 2 (March 3, 2021)

Day 2, Part 2 (March 3, 2021)

Witnesses:

• Robert Salesses
  • Senior Official Performing the Duties of the Assistant Secretary for Homeland Defense and Global Security at the U.S. Department of Defense
• Major General William Walker
  • Commanding General of the DC National Guard
• Jill Sanborn
  • Assistant Director, Counterterrorism Division
  • Federal Bureau of Investigation
  • U.S. Department of Justice

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, 2021

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Witnesses:

• Timothy Blodgett
  • Acting Sergeant at Arms; U.S. House of Representatives
  • Yogananda D. Pittman, Acting Chief of Police, U.S. Capitol Police.

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, 2021

Watch on YouTube

Witnesses

• Iman Boukadoum
  • Senior Manager, The Leadership Conference on Civil and Human Rights
• Lecia Brooks
  • Executive Director of the Southern Poverty Law Center
• Daniel Glaser
  • Global Head Jurisdictional Services and Head of Washington, DC Office at K2 Integrity
  • Senior Advisor at the Foundation for Defense of Democracies
  • Board member at the Qatar Financial Centre Regulatory Authority
• Former Assistant Secretary for Terrorist Financing and Financial Crimes, U.S. Department of the Treasury
• Daniel Rogers
  • Co-Founder and Chief Technical Officer at Global Disinformation Index
• Daveed Gertenstein-Ross
  • CEO of Valens Global

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, 2021

Day 1 C-SPAN

Witnesses

• Captain Carneysha Mendoza
  • Field Commander of the United States Capitol Police Special Operations Division
• Robert Contee
  • Acting Chief of Police for the Metropolitan Police Department
• Paul Irving
  • Former Sergeant at Arms of the House of Representatives
• Michael Stenger
  • Former Sergeant at Arms and Doorkeeper of the Senate

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, 2021

Watch on Youtube

Witnesses

• Christopher Rodriguez
  • Director of the Homeland Security and Emergency Management Agency, Washington D.C
• Elizabeth Neumann
  • Founder and Managing Director of Neu Summit Strategies
  • Former Assistant Secretary for Counterterrorism and Threat Prevention, U.S. Department of Homeland Security
• Brian Jenkins
  • Senior Advisor to the RAND President, The RAND Corporation
• Jonathan Greenblatt
  • CEO at the Anti-Defamation League

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 Art

Design by Only Child Imaginations

Music Presented in This Episode

Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)

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.

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CD156: Sanctions – Russia, North Korea & Iran

CD102: The World Trade Organization: COOL?

Articles/Documents

• Article: HSBC's Money Laundering Scandal by Marc L. Ross, Investopedia, June 13, 2021
• Document: Impact of Sanctions in Africa by Eric B. Lorber, House Committee on Foreign Affairs, Subcommittee on Africa, Global Health, and Global Human Rights, May 25, 2021
• Document: FinCEN Reissues Real Estate Geographic Targeting Orders for 12 Metropolitan Areas by Financial Crimes Enforcement Network, April 29, 2021
• Document: 2020 YEAR-END SANCTIONS AND EXPORT CONTROLS UPDATE by Gibson Dunn, February 5, 2021
• Document: Economic Sanctions: Overview for the 117th Congress by Dianne E. Rennack and Rebecca M. Nelson, Congressional Research Service, January 15, 2021
• Article: China’s “Blocking Statute” – New Chinese Rules to Counter the Application of Extraterritorial Foreign Laws by Gibson, Dunn & Crutcher, January 13, 2021
• Document: The International Emergency Economic Powers Act: Origins, Evolution, and Use by Dianne E. Rennack, Ian F. Fergusson, Jennifer K. Elsea, and Christopher A. Casey, Congressional Research Service, July 14, 2020
• Document: International Criminal Court: U.S. Sanctions in Response to Investigation of War Crimes in Afghanistan by Dianne E. Rennack and Matthew C. Weed, Congressional Research Service, June 19, 2020
• Article: US Treasury to Apply Bank Secrecy Act Rules to Crypto Wallets by Jeff Benson, Decrypt, December 18, 2020
• Article: EU adopts a global human rights sanctions regime by Maria Daniela Lenzu, European Council, Council of the European Union, December 7, 2020
• Article: The Global Magnitsky Human Rights Accountability Act by Edward J. Collins-Chas and Michael A. Weber, Congressional Research Service, December 7, 2020
• Article: War brings business to Feinstein spouse / Blum's firms win multimillion-dollar defense contracts in Iraq, Afghanistan by Phillip Matier and Andrew Ross, SFGATE, January 20, 2012
• Article: Feinstein Violated Rules in Awarding Military Contracts by Tom Fitton, The Hill, May 15, 2007
• Press Release: Feinstein Caught in Conflict of Interest on Military Contracts by Association of Alternative News Media, January 25, 2007
• Document: Document by Financial Services, U.S. House

Additional Resources

• EB-5 OVERVIEW EB5Capital
• List of national emergencies in the United States Wikipedia
• Office of Foreign Assets Control - Sanctions Programs and Information U.S. Department of the Treasury
• Specially Designated Nationals And Blocked Persons List (SDN) Human Readable Lists U.S. Department of the Treasury
• The American Presidency Project UC Santa Barbara
• Customer Due Diligence Requirements for Financial Institutions Federal Register, May 11, 2016

Sound Clip Sources

Speeches & Remarks: Remarks by President Biden in Press Conference, White House Briefing Room, June 16, 2021

Watch on C-SPAN

Transcript:

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, 2021

Watch on Youtube

Witnesses

• Eric Lorber
  • Senior Director at the Center on Economic and Financial Power at the Foundation for Defense of Democracies
  • Managing Director at K2 Integrity
  • Former Senior Advisor to the Under Secretary for Terrorism and Financial Intelligence at the Department of the Treasury
  • Former corporate lawyer at Gibson, Dunn & Crutcher
• Lakshmi Kumar
  • Policy Director at Global Financial Integrity
• Jesse Spiro
  • Global Head of Policy & Regulatory Affairs at Chainalysis
• Dr. Jeffrey Taliaferro
  • Professor of Political Science at Tufts University
• Ivan Garces
  • Principal and Chair of Risk Advisory Services at Kaufmann Rossin

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, 2021

Watch on Youtube

Witnesses

• Iman Boukadoum
  • Senior Manager, The Leadership Conference on Civil and Human Rights
• Lecia Brooks
  • Executive Director of the Southern Poverty Law Center
• Daniel Glaser
  • Global Head Jurisdictional Services and Head of Washington, DC Office at K2 Integrity
  • Senior Advisor at the Foundation for Defense of Democracies
  • Board member at the Qatar Financial Centre Regulatory Authority
  • Former Assistant Secretary for Terrorist Financing and Financial Crimes, U.S. Department of the Treasury
• Daniel Rogers
  • Co-Founder and Chief Technical Officer at Global Disinformation Index
• Daveed Gertenstein-Ross
  • CEO of Valens Global

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 Art

Design by Only Child Imaginations

Music Presented in This Episode

Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)

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.

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Articles/Documents

• Article: Capitol riot arrests: See who's been charged across the U.S. by Dinah Pulver, Rachel Axon, Josh Salman, Katie Wedell and Erin Mansfield, USA Today, June 22, 2021
• Article: 532 people have been charged in the Capitol insurrection so far. This searchable table shows them all. by Madison Hall , Skye Gould, Rebecca Harrington, Jacob Shamsian, Azmi Haroun, and Taylor Ardrey, Insider, June 22, 2021
• Article: Ex-police chief, 5 others charged in Capitol riot conspiracy by Alanna Durkin Richer, az central, June 10, 2021
• Document: Fisher-Price’s Rock ‘n Play Reveals Dangerous Flaws in U.S. Product Safety by Committee on Oversight and Reform U.S. House of Representatives, June 2021
• Article: WHAT FEDERAL CRIMES ARE PEOPLE GETTING CHARGED WITH FOR STORMING THE CAPITOL? by Michael Humphreys, The Federal Defenders, March 31, 2021
• Article: Seditious Conspiracy? Rebellion? Insurrection? Whatever the Charge, Federal Law Will Not Be Kind to the Pro-Trump Mob. by Colin Kalmbacher, Law & Crime, January 6, 2021
• Article: Guide to Recalled Infant Inclined Sleepers, Nappers, and Loungers By Rachel Rabkin Peachman, Consumer Reports, December 17, 2020
• Recall Notice: Graco Recalls Inclined Sleeper Accessory Included with Four Models of Playards to Prevent Risk of Suffocation United States CONSUMER PRODUCT SAFETY COMMISSION, December 16, 2020
• Article: New Evidence Shows More Infant Deaths Tied to Inclined Sleepers Than Previously Reported By Rachel Rabkin Peachman, Consumer Reports, March 11, 2020
• Recall Notice: Dorel Juvenile Group USA Recalls Inclined Sleepers Due to Safety Concerns About Inclined Sleep Products United States CONSUMER PRODUCT SAFETY COMMISSION, July 31, 2019
• Recall Notice: Fisher-Price Recalls Rock ‘n Play Sleepers Due to Reports of Deaths United States CONSUMER PRODUCT SAFETY COMMISSION, April 12, 2019
• Article: Mattel Recalls 19 Million Toys Sent From China The New York Times, August 15, 2007

Additional Resources

• Global ad spending of Mattel from 2013 to 2020

Sound Clip Sources

Hearing: House Committee on Oversight and Reform, House Committee on Oversight and Reform, June 7, 2021

Watch on Youtube

Watch on C-SPAN

Witnesses

• Ynon Kreiz
  • CEO of Mattel Inc.
• Chuck Scothon
  • Senior Vice President and General Manager of Fisher-Price, Global Head of Infant and Preschool at Mattel Inc.

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, 2019

Watch on C-SPAN

Witnesses

• Ann Marie Burkle
  • Acting Chairman of the Consumer Product Safety Commission
• Robert Adler
  • Commissioner on the Consumer Product Safety Commission
• Elliot Kaye
  • Commissioner on the Consumer Product Safety Commission

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, 2009

Warren G - Regulate (Official Music Video) ft. Nate Dogg, Warren G, December 24, 2009

Cover Art

Design by Only Child Imaginations

Music Presented in This Episode

Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)

"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 

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Recommended Episodes

CD145: The Price of Health Care

Articles/Documents

• Article: Why Impact of ‘Long Covid’ Could Outlast the Pandemic, By Jason Gale, Bloomberg, The Washington Post, June 8, 2021
• Article: Long covid has lasted over a year for 376,000 people in the UK, By NewScientist, June 4, 2021
• Article: Long-COVID-19 Patients Are Getting Diagnosed With Rare Illnesses Like POTS, By Cindy Loose, Kaiser Health News, TIME, May 27, 2021
• Article: Long Covid symptoms ease after vaccination, survey finds, By Natalie Grover, The Guardian, May 18, 2021
• Article: A pandemic that endures for COVID long-haulers, By Alvin Powell, The Harvard Gazette, April 13, 2021
• Article: Atlantic Council urges Biden to enforce regime change in Belarus, By Centers for Medicare & Medicaid Service
• News Release: Secretary Sebelius Announces Senate Confirmation of Dr. Francis Collins as Director of the National Institutes of Health, National Institutes of Health, August 7, 2009

Sound Clip Sources

Hearing: THE LONG HAUL: FORGING A PATH THROUGH THE LINGERING EFFECTS OF COVID–19, House Committee on Energy and Commerce, April 28, 2021

Watch on Youtube

Witnesses:

• Francis Collins, M.D., Ph. D.
  • Director of the National Institutes of Health
• John T. Brooks, M.D.
  • Chief Medical Officer for COVID-19 Response at the Centers for Disease Control and Prevention
• Steven Deeks, M.D.
  • Professor of Medicine at the University of California, San Francisco
• Jennifer Possick, M.D.
  • Associate Professor at Yale School of Medicine
  • Director of Post-COVID Recovery Program at the Winchester Center for Lung Disease at Yale-New Haven Hospital
• Natalie Hakala
  • COVID patient
• Lisa McCorkell
  • COVID patient
• Chimere Smith
  • COVID patient

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 Art

Design by Only Child Imaginations

Music Presented in This Episode

Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)

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

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CD213: CARES Act - The Trillions for COVID-19 Law

CD161: Veterans Choice Program

American Rescue Plan Outline

House vote 1

House vote 2

Senate vote

Text

The American Rescue Plan Act of 2021

TITLE I - COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY

Subtitle A - Agriculture

Sec. 1001: Food Supply Chain and Agriculture Pandemic Response

• Appropriates $4 billion for food purchases and grants for food suppliers to protect their workers from COVID

Sec. 1002: Emergency Rural Development Grants For Rural Health Care

• Appropriates $500 million for "emergency pilot program" grants to impoverished rural communities to help them distribute vaccines with infrastructure and staffing, give them medical supplies, reimburse them for lost revenue. The program has to be in operation by mid-August 2021.

Sec. 1005: Farm Loan Assistance for Socially Disadvantaged Farmers and Ranchers

• Provides "such sums as may be necessary" for the Secretary of Agriculture (Tom Vilsack) to give "socially disadvantaged farmers and ranchers" payments covering "up to 120% of the outstanding indebtedness" as of January 1, 2021, which will pay off loans they received from the Farm Service Agency or Commodity Credit Corporation and loans guaranteed by the Department of Agriculture. "Socially disadvantaged farmers" are farmers or ranchers who "have been subjected to racial or ethnic prejudice because of their identity as members of a group without regard to their individual qualities."

Subtitle B - Nutrition

Sec. 1101: Supplemental Nutrition Assistance Program

• Extends food assistance benefits provided by the Coronabus from June 30, 2021 to September 30, 2021 and appropriates an additional $1.15 billion.

Sec. 1103: Additional Funding For Nutrition Assistance Programs

• Provides $1 billion in food assistance benefits to be split among the territories, which they will have until September 30, 2027 to use.

Sec. 1105: Improvements to WIC Benefits

• Allows, but does not require, the Secretary of Agriculture to increase the amount of WIC benefits by $35 until July 11, 2021, if requested by the states. Appropriates $490 million.

Sec. 1108: Pandemic EBT Program

• The Family's First Coronavirus Response Act said that during 2020 and 2021, if a school is closed for more than 5 consecutive days under a public health emergency designation, families of children who are eligible for free or discounted school lunches will be able to get benefits valued at least as much as the school meals, to be distributed via the food stamp program, with money on EBT cards. This changes the dates so that it's valid "in any school year in which there is a public health emergency declaration" or "in a covered summer period following a school session" which will allow the state to continue the benefits for 90 days so that kids can continue to receive the meal credits during the emergency summers.

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

• Appropriates over $122.7 billion, which can be used through September 30, 2023, for grants to the states. 90% of the money has to be given to local education agencies, including charter schools. 20% of the money needs to be used to address learning loss, via summer programs and extended school days and school years. The rest of the money can be spent at the local agencies discretion for activities they're already authorized to use Federal tax money for and to fund measures needed to protect students and staff from COVID. Any money not used must be returned to the Secretary of Education after one year.

Sec. 2002: Emergency Assistance to Non-Public Schools

• Appropriates $2.75 billion, which can be used through September 30, 2023, for private schools that "enroll a significant percentage of low-income students and are most impacted by the qualifying emergency."

Sec. 2003: Higher Education Emergency Relief Fund

• Appropriates $39.5 billion, which can be used through September 30, 2023, for colleges and universities.

Part 2 - Miscellaneous

Sec. 2021: National Endowment for the Arts

• Appropriates $135 million for the National Endowment for the Arts

Sec. 2022: National Endowment for the Humanities

• Appropriates $135 million for the National Endowment for the Humanities

Sec. 2023: Institute of Museum and Library Services

• Appropriates $200 million for the Institute of Museum and Library Services

Subtitle B - Labor Matters

Sec. 2101: Funding for Department of Labor Worker Protection Activities

• Appropriates $200 million, with half of that going to OSHA. Only $5 million is required to be spent on "enforcement activities related to COVID-19 at high risk workplaces"

Subtitle C - Human Services and Community Supports

Sec. 2201: Child Care and Development Block Grant Program

• Appropriates almost $15 billion, which has to be used before September 30, 2021, for the Child Care and Development Block Grant Program, which gives money to states for child care for low income families with children under the age of 13. States are authorized to provide child care funding to health care employees, emergency responders, and "other workers deemed essential" regardless of their income levels during the emergency period.

Sec. 2202: Child Care Stabilization

• Appropriates almost $24 billion for states to give to child care providers, regardless of any other federal money they have received. The grant will be determined by the child care provider's operating expenses and can be used to pay for employee salaries, benefits, and recruitment; rent or mortages; PPE and training; and mental health support for children or employees.

Subtitle D - Public Health

Sec. 2301: Funding for COVID-19 Vaccine Activities at the Centers for Disease Control and Prevention

• Appropriates $7.5 billion for the Centers for Disease Control and Prevention to plan, prepare for, promote, distribute, administer, monitor, and track COVID-19 vaccines.

Sec. 2302: Funding for Vaccine Confidence Activities

• Appropriates $1 billion, that does not expire, for the Centers for Disease Control and Prevention for activities "to strengthen vaccine confidence in the United States" in order to "improve rates of vaccination throughout the United States"

Sec. 2303: Funding for Supply Chain for COVID-19 Vaccines, Therapeutics, and Medical Supplies

• Appropriates a little over $6 billion, which does not expire, "for necessary expenses with respect to research, development, manufacturing, production, and the purchase of vaccines, therapeutics, and ancillary medical products" to prevent and respond to COVID and "any disease with potential for creating a pandemic."

Sec. 2305: Reduced Cost-Sharing

• Expands subsidies for health insurance provided by the Affordable Care Act to anyone who has been approved for unemployment insurance in 2021, and their subsidy level will be determined as if they didn't make more than 133% above the poverty level, regardless of actual income. This makes them eligible for the most general subsidy levels, which reduces their out-of-pocket limit by two-thirds and the insurance provider must pay 90% of health care costs.

Subtitle E - Testing

Sec. 2401: Funding for COVID-19 Testing, Contact Tracing, and Mitigation Activities

• Appropriates $47.8 billion, which does not expire, to "detect, diagnose, trace, and monitor SARS-CoV-2 and COVID-19 infections". This money must be used to implement a national testing and contract tracing strategy, provide technical assistance to states, "support the development, manufacturing, procurement, distribution, and administration of tests", which includes the supplies needed for those tests, PPE, and "the acquisition, construction, alteration, or renovation of non-federally owned facilities."

Sec. 2402: Funding for Sara-COV-2 Genomic Sequencing and Surveillance

• Appropriates $1.75 billion for genomic sequencing, analytics, and disease surveillance, which will identify mutations and survey their transmission in our communities. This money can be used to "award grants for the construction, alteration, or renovation of facilities to improve genomic sequencing and surveillance capabilities at the State and local level."

Sec. 2403: Funding for Global Health

• Appropriates $750 million to combat COVID "and other emerging infectious disease threats globally"

Subtitle F - Public Health Workforce

Sec. 2501: Funding for Public Health Workplace

• Appropriates $7.66 billion, which does not expire, to fund the creation and expansion of local public health workforces. The money will be granted to states who will then fund the wages and benefits for individuals hired to be contract tracers, community health workers, epidemiologists, laboratory personnel, communications and policy experts who are employed by the government or a non-profit, which can be public or private.

Subtitle G - Public Health Investments

Sec. 2601: Funding for Community Health Centers and Community Care

• Appropriates $7.6 billion, which does not expire, for grants for community health centers, which can be used for vaccine distribution, testing and contact tracing, to hire health care workers, and for community outreach. This money can be used to reimburse community health centers that they provided for COVID response sine January 31, 2020.

Subtitle H - Mental Health and Substance Use Disorder

Sec. 2701: Funding for Block Grants For Community Mental Health Services

• Appropriates $1.5 billion, that must be spent by September 30, 2025, for states to give to mental health service providers.

Sec. 2702: Funding For Block Grants For Prevention and Treatment of Substance Abuse

• Appropriates $1.5 billion, that must be spent by September 30, 2025, for states to give to substance abuse treatment providers.

Subtitle K - Ratepayer Protection

Sec. 2911: Funding for LIHEAP

• Appropriates $4.5 billion, that expires on September 30, 2022, for payment for energy expenses of low income families.

Subtitle L - Assistance for Older Americans, Grandfamilies, and Kinship Families

Sec. 2921: Supporting Older Americans and Their Families

• Appropriates over $1.4 billion for COVID related expenses of senior citizens.

TITLE III - COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS

Subtitle A - Defense Production Act of 1950

Sec. 3101: COVID-19 Emergency Medical Supplies Enhancement

• Appropriates $10 billion, available until September 30, 2025, to use the Defense Production Act for "the purchase, production (including the construction, repair, and retrofitting of government-owned or private facilities as necessary)" for distributing medical supplies and equipment to combat the COVID-19 pandemic.
• Starting on September 30, 2022, the money left over can be used for any activity "necessary to meet critical public health needs of the United States, as determined by the President.

Subtitle B - Housing Provisions

Sec. 3201: Emergency Rental Assistance

• Appropriates over $21.5 billion (on top of the $25 billion provided by the Coronabus), available until September 30, 2027, for grants to states that will be used to pay rent, utilities and "other expenses related to housing incurred due, directly or indirectly," to COVID for up to 18 months. People who qualify for unemployment benefits, had their income reduced, are low income, or can demonstrate that they are at risk of homelessness. The payments will be made directly to the landlord until the landlord does not agree to accept the payment, in which case the household can receive the money.
• All eligible grantees (states and territories) must be given at least 40% of their payments by May 11
• States and territories can use up to 15% of the money for administration
• Unused money will begin to be returned and redistributed starting on March 31, 2022

Sec. 3202: Emergency Housing Vouchers

• Appropriates $5 billion, available until September 30, 2030, for emergency housing vouchers (Section 8) to people who are homeless, at risk of homelessness, or escaping a domestic violence or human trafficking situation.
• Prohibits families from getting another voucher after their voucher expires starting on September 30, 2023.

Sec. 3205: Homelessness Assistance and Supportive Services Program

• Appropriates $5 billion, available until September 30, 2025, for "tenant-based rental assistance", development of affordable housing, housing counseling, and individual shelters than may be converted to permanent housing. Eligible people include people who are homeless, at risk of homelessness, escaping a domestic violence or human trafficking situation, or veterans and their families if the veteran meets one of the other criteria. These services can be contracted out and the government "shall" enter into contracts "that cover the actual total program costs and administrative overhead"

Sec. 3206: Homeowner Assistance Fund

• Appropriates over $9.9 billion, available until September 30, 2025, for a new Homeowner Assistance Fund. The fund will make payments "for the purpose of preventing homeowner mortgage delinquencies, defaults, foreclosures, loss of utilities... of homeowners experiencing financial hardship after January 21, 2020."
• Assistance will include payments of mortgages, payments to take a loan out of forbearance, principal reduction, facilitating interest rate reductions, payments for utilities and internet service, insurance, and homeowner association fees.
• 60% of the money given to states has to be used to help homeowners at or below the median income level for their household size or the median income level for the United States, whichever is greater. The rest of the money has to go to "socially disadvantaged individuals".
• The states must receive their payments by April 25. If a state does not request payments by that date, that state will become ineligible for payments and the money will be divided among the other states.

Subtitle C - Small Business (SSBCI)

Sec. 3301: State Small Business Credit Initiative

• Appropriates $10 billion to bring back a program last used after the 2008 global recession to support small businesses recovering from the economic effects of the COVID-19 pandemic.
• $1.5 billion must be spent on businesses owned and controlled by "socially and economically disadvantaged individuals" This includes privately owned businesses owned 50% or more by "socially and economically disadvantaged individuals" Publicly owned businesses with 51% or more of the stock owned by "socially and economically disadvantaged individuals" Institutions where a majority of the board, account holders and the community are "socially and economically disadvantaged individuals". "Socially and economically disadvantaged individuals" are two different legal categories, but the "economically" disadvantaged group comes from the "socially" disadvantaged group. "Socially disadvantaged individuals" are those who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities.
• $500 million must be spent on businesses with fewer than 10 employees, which "may" include independent contractors and sole proprietors.

Subtitle D - Public Transportation

Sec. 3401: Federal Transit Administration Grants

• Appropriates almost $30.4 billion, available until September 30, 2024, for... Over $26 billion: Urbanized area formula grants For capital projects, planning, job access and reverse commute projects and operating costs for public transportation facilities and equipment in cities with fewer than 200,000 people. Over $1.6 billion: Fixed guideway capital investment grants, For rail, ferry, and bus public transportation systems that increase the capacity of the route by at least 10%. Over $417 million: Formula grants for rural areas. For planning for rural areas, public transportation capital costs, public transportation facilities and equipment, joe access and reverse commute projects, and private providers of public transportation services. The grants cover 80% of the net project cost. $50 million: Grants for enhancing the mobility of seniors, "For public transportation projects designed, and carried out to meet the special needs of seniors and individuals with disabilities when public transportation is insufficient, inappropriate, or unavailable."
• The money is allowed to be used for operating expenses beginning on January 20, 2020, including payroll, operating costs due to lost revenue, purchase of PPE, and the administrative leave of personnel due to service restrictions.
• Increases the government's share of the costs from 80% to 100%.
• Prohibits money paying for route planning to be used to privatize a public transportation service.

TITLE IV - COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

Sec. 4001: Emergency Federal Employee Leave Fund

• Appropriates $570 million, available through September 30, 2022, for up to 600 hours of paid leave for full time employees, capped at $2,800 for each bi-weekly paycheck, for employees that have to quarantine, who have COVID, is caring for a family member with COVID, or is getting vaccinated or is sick from getting the vaccination.
• Eligible employees include executive branch employees, USPS employees, and working people in the DC court system.
• Eligibility ends on September 30, 2021.

Sec. 4005: Federal Emergency Management Agency Appropriation

Appropriates $50 billion, available until September 30, 2025 for FEMA for "major disaster declarations"

Sec. 4006: Funeral Assistance

For the COVID emergency declared on March 13, 2020 "and for any subsequent major disaster declarations that supercedes such emergency declaration", FEMA funds "shall" be paid for 100% of disaster-related funeral expenses.

Sec. 4007: Emergency Food and Shelter Program Funding

• Appropriates $400 million, available until September 30, 2025 for FEMA's emergency food and sh

TITLE V - COMMITTEE ON SMALL BUSINESS AND ENTREPRENEURSHIP

Sec. 5001: Modifications to Paycheck Protection Program

• Adds non-profit organizations with fewer then 500 employees per location to the eligibility list for forgivable PPP loans. They can be eligible if they receive up to 15% of their money from lobbying activities and that amount was less than $1 million during the tax year that ended prior to February 15, 2020.
• Adds "internet only periodical publishers" who are "assigned a North American Industry Classification System code of 519130" to be eligible for forgivable PPP loans if they have fewer than 500 employees per physical location.
• Appropriates an additional $7.25 billion to the PPP program

Sec. 5002: Targeted EIDL Advance

• Appropriates $15 billion, which does not expire, for the Small Business Administration to make loans to businesses with fewer than 300 employees in low income communities.

Sec. 5003: Support for Restaurants

• Appropriates $28.6 billion for restaurants, food stands, food trucks, caterers, bars, tasting rooms, including locations inside of airports. Does not include chains that had more than 20 locations on March 13, 2020, or publicly traded companies. $5 billion of that is reserved for businesses that made less than $500,000 in 2019. The maximum amount of each grant is $10 million, and no more than $5 million per physical location. The amount up to those caps of the grants is the amount of the business's pandemic related revenue loss.
• Valid for expenses from February 15, 2020 through at least December 31, 2021. The Administrator of the Small Business Administration can extend that until no later than March 11, 2023.

Sec. 5005: Shuttered Venue Operators

• Appropriates an additional $1.25 billion, that doesn't expire, to the Coronabus grant program for live performance venues. Reduces the grant amounts by any amount of PPP money that was received on or after December 27, 2020.

TITLE VII - COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

Subtitle A - Transportation and Infrastructure

Sec. 7101: Grants to the National Railroad Passenger Corporation

• Appropriates almost $1 billion to Amtrak's Northeast Corridor and $730 million to Amtrak's national network, available until September 30, 2024 for coronavirus related expenses.

Sec. 7102: Relief for Airports

• Appropriates $8 billion, available until September 30, 2024 for airports. No more than $800 million can be used to pay the rent and required minimum payments of airport concessions operators. To qualify for the funding, airports have to retain 90% of the number of employees they had on March 27, 2020 until September 30, 2021, unless granted a waiver due to environmental hardship.

Subtitle B - Aviation Manufacturing Jobs Protection

Sec. 7202: Payroll Support Program

• Appropriates $3 billion, available until September 30, 2023 for a new program that pays airplane manufacturers for some payroll expenses if they have "significant operations in, and a majority of its employees" in the United States, if they have laid off at least 10% of their workforce or experienced a 15% or more loss of revenue. Businesses that got money from the CARES Act or PPP program are ineligible.

Subtitle C - Airlines

Sec. 7301: Air Transportation Payroll Support Program Extension

• Appropriates $14 billion for airlines and $1 billion for contractors conditioned on their agreement not to furlough anyone or reduce pay for workers before September 30, 2021, not buy back their own stock or pay out dividends before September 30, 2022, and limit executive pay.

Subtitle D - Consumer Protection and Commerce Oversight

Sec. 7402: Funding for E-Rate Support for Emergency Educational Connections and Devices

• Appropriates over $7.1 billion, available through September 30, 2030 to reimburse elementary and high schools and libraries for new telecommunications equipment and services including wi-fi hotspots, modems, routers, and connection devices.

TITLE VIII - COMMITTEE ON VETERANS' AFFAIRS

Sec. 8002: Funding Availability for Medical Care and Health Needs

• Appropriates $14 billion in additional funding, available until September 30, 2023 for the "Veterans Community Care program"

Sec. 8007: Prohibition on Copayments and Cost Sharing for Veterans During Emergency Relation to COVID-19

• Prohibits the Secretary of Veterans Affairs from charging any co-pay or cost sharing for health care received by a veteran, and any co-pays and cost sharing already charged must be reimbursed, for the period between April 6, 2020 and September 30, 2021. Appropriates an additional $1 billion, available until spent.

TITLE IX - COMMITTEE ON FINANCE

Subtitle A - Crisis Support for Unemployed Workers

Part 1 - Extension of CARES Act Unemployment Provisions

Sec. 9011: Extension of Pandemic Unemployment Assistance

• Extends unemployment benefits through September 6, 2021 and extends the total number of eligible weeks from 50 to 79.

Part 3 - Department of Labor Funding for Timely, Accurate, and Equitable Payment

Sec. 9032: Funding for Fraud Prevention, Equitable Access, and Timely Payment to Eligible Workers

• Appropriates an additional $2 billion, available until fully spent, to the Secretary of Labor to detect and prevent fraud and ensure the timely payment of unemployment benefits.

Part 4 - Other Provisions

Sec. 9042: Suspension of Tax on Portion of Unemployment Compensation

• For taxpayers whose gross income for "any taxable year beginning in 2020" is less than $150,000 and whose unemployment payments were less than $10,200, that income will not be taxable.

Subtitle F - Preserving Health Benefits for Workers

Sec. 9501: Preserving Health Benefits for Workers

• People who lose their employer paid health insurance due to being laid off or having their hours reduced can elect to have COBRA (a continuation of their health insurance) paid for by the government, which will provide tax credits to the employer who will pay the premiums. This applies between April 1, 2021 through September 30, 2021.

Subtitle G - Promoting Economic Security

Part 1 - 2021 Recovery Rebates to Individuals

Sec. 9601: 2021 Recovery Rebates to Individuals

• Provides $1,400 per person stimulus checks to people making less than $75,000 per year, with a phase out up to $100,000 per year. No checks are allowed to be issued after December 31, 2021. They check amounts will be determined based on either 2019 or 2020 tax filings, whatever the government has on file. Appropriates over $1.4 billion.

Part 2 - Child Tax Credit

Sec. 9611: Child Tax Credit Improvements for 2021

• For 2021, for taxpayers living in the United States will get a $3,000 payment for each child ages 6-18 and $3,600 for each child under the age of 6. The payments will be reduced for individuals who make more than $75,000 and couples who make more than $150,000. Payments will be made between July 1, 2021 and December 31, 2021.

Part 3 - Earned Income Tax Credit

Sec. 9621: Strengthening the Earned Income Tax Credit for Individuals with No Qualifying Children

• Doubles the refundable Earned Income Tax Credit for qualified taxpayers for 2021 who don't have children, increasing the maximum credit from $538 to $1,500. To qualify, you have to live in the United States at least half the year and have investment income below $10,000. People who make more than $21,430 as a single person or $27,830 jointly are not eligible.

Part 4 - Dependent Care Assistance

Sec. 9631: Refundability and Enhancement of Child and Dependent Care Tax Credit

• For 2021, eligible taxpayers can get up to 50% of up to $8,000 in childcare costs (capped at $16,000 for multiple children under the age of 12) reimbursed via a refundable tax credit. The credit phases out for families with income higher than $400,000 per year.

Part 5 - Credits for Paid Sick and Family Leave

Sec. 9641: Payroll Credits

• Provides a 100% refundable tax credit for employers that provide paid sick leave, capped at $511 and 10 days per quarter. Provides a 100% refundable tax credit for employers who provide family leave, capped at $200 per day and $12,000 total.

Sec. 9642: Credit for Sick Leave For Certain Self-Employed Individuals

• Allows self employed individuals to receive a tax credit for sick day related to COVID-19 from April 1, 2021 through September 30, 2021, including getting tested, quarantining, illness, and getting the vaccine. The number of days is capped at 10 and its capped at $200 per day.

Sec. 9643: Credit For Family Leave For Certain Self-Employed Individuals

• Allows self employed individuals to receive a refundable tax credit for family leave for COVID-19 testing, illness, or vaccines. It's capped at 60 days and $200 per day.

Part 6 - Employee Retention Credit

Sec. 9651: Extension of Employee Retention Credit

• Provides employers who had to partially or fully close during 2021 with a refundable tax credit up to 70% of the wages they pay to their employees capped at $10,000 per employee per quarter.

Part 7 - Premium Tax Credit

Sec. 9661: Improving Affordability by Expanding Premium Assistance for Consumers

• Increases the amount of money the government will pay towards the health insurance premium of low income individuals. People with incomes at or below 150% of the poverty level ($19,320 for individuals) can get coverage with no monthly premiums. Lifts the cap on the income level of individuals eligible for subsides, so now everyone is eligible and no one will pay more than 8.5% of their income towards health insurance premiums. This is only applicable for 2021 and 2022.

Part 8 - Miscellaneous Provisions

Sec. 9671: Repeal of Election to Allocate Interest, Etc. on Worldwide Basis

• Repeals a tax benefit for corporations that would have become effective in 2021.

Sec. 9672: Tax Treatment of Targeted EIDL Advances

COVID relief money provided via the Small Business Administration's program for restaurants will not count as gross income for tax purposes.

Sec. 9673: Tax Treatment of Restaurant Revitalization Grants

• COVID relief money provided via the Small Business Administration's program for small businesses, nonprofits, and venues will not count as gross income for tax purposes.

Sec. 9675: Modification of Treatment of Student Loan Forgiveness

• Student loan forgiveness amounts will not be included in gross income from 2021 through 2025.

Subtitle H - Pensions

Subtitle I - Child Care for Workers

Sec. 9801: Child Care Assistance

• Appropriates over $3.5 billion for grants to states and territories for child care assistance.

Subtitle J - Medicaid

Sec. 9811: Mandatory Coverage of COVID-19 Vaccines and Administration and Treatment Under Medicaid

• From March 11, 2021 until one year after the COVID emergency is declared over, Medicaid must pay for COVID testing, treatment, and vaccines free of out of pocket charges.

Subtitle K - Children's Health Insurance Program

Sec. 9821: Mandatory Coverage of COVID-19 Vaccines and Administration and Treatment Under CHIP

• From March 11, 2021 until the first day of the quarter after the one year anniversary of the COVID emergency being declared over, the Children's Health Insurance Program (CHIP) must cover COVID testing, treatment, and vaccines with no cost sharing requirements. The Federal government will pay 100% of the costs to the states.

Subtitle M - Coronavirus State and Local Fiscal Recovery Funds

Sec. 9901: Coronavirus State and Local Fiscal Recovery Funds

• Appropriates $219.8 billion, available through the end of 2024, for states, territories, and tribal governments to "mitigate the fiscal effects stemming from the public health emergency with respect to the Coronavirus Disease (COVID-19)". The money can be spent on "assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality" and "premium pay (up to $13/hour, capped at $25,000) to eligible workers... performing such essential work" and "for the provision of government services to the extent of the reduction of revenue... due to the COVID-19 public health emergency" and "to make necessary investments in water, sewer, or broadband infrastructure." The money can NOT be used to offset a reduction in revenue caused by a tax cut or to deposit into pension funds.
• Appropriates over $130 billion, available through the end of 2024 for metropolitan cities ($45.5 billion), nonentitlement units of local government ($19.5 billin), and counties ($65 billion) to "mitigate the fiscal effects stemming from the public health emergency with respect to the Coronavirus Disease (COVID-19)" for the same purposes with the same conditions placed upon the states (see above).
• Appropriates $10 billion, available until fully spent, for states, territories, and tribal governments to "carry out critical capital projects directly enabling work, education, and health monitoring, including remote options." Each state will get at least $100 million.
• Appropriates $2 billion, available until September 30, 2023, for counties and tribal governments for "any governmental purpose other than a lobbying activity."

Subtitle N - Other Provisions

Sec. 9911: Funding For Providers Relating to COVID-19

• Appropriates $8.5 billion, available until fully spent, for health care providers for "health care related expenses and lost revenues that are attributable to COVID-19. Health care providers must apply and can't double dip for the same expenses that have already been reimbursed or are supposed to be reimbursed some other way (for example, via insurance.)
• The money can be used for expenses derived from new construction of temporary structures, leasing property, purchasing medical supplies, hiring new workers and their training, and others.

TITLE X - COMMITTEE ON FOREIGN RELATIONS

Sec. 10003: Global Response

• Appropriates over $8.6 billion, available until September 30, 2022, for international health programs "to prevent, prepare for, and respond to coronavirus". $3.75 billion will go to the State Department for "the prevention, treatment, and control of HIV/AIDS" in order to mitigate the impact on these programs from impacts of the coronavirus and support recovery from them. The vast majority of this money will be for "a United States contribution to the Global Fund to Fight AIDS, Tuberculosis and Malaria" $3.09 billion will go to USAID for COVID-19 relief that "shall include support for international disaster relief, rehabilitation, and reconstruction, for health activities, and to meet emergency food security needs." $930 million will be for "activities to address economic and stabilization requirements resulting from" coronavirus. $905 million will go to USAID and "shall include a contribution to a multilateral vaccine development partnership to support epidemic preparedness."

Sec. 10004: Humanitarian Response

• Appropriates $500 million, available until September 30, 2022, to carry out the Migration and Refugee Assistance Act, but the money can't be used to resettle refugees in the United States.

Sec. 10005: Multilateral Assistance

• Appropriates $580 billion, available until September 30, 2022, which "shall include support for the priorities and objectives of the United Nations Global Humanitarian Response Plan to COVID-19 through voluntary contributions to international organization and programs administered by such organizations."

TITLE XI - COMMITTEE ON INDIAN AFFAIRS

Sec. 11001: Indian Health Service

• Appropriates over $6 billion for the Indian Health Service for COVID-19 related expenses.

Sec. 11002: Bureau of Indian Affairs

• Appropriates $900 million for the Bureau of Indian Affairs for tribal housing improvements, welfare services and water deliveries.

Sec. 11003: Housing Assistance and Supportive Services Programs for Native Americans

• Appropriates $750 million for housing assistance for native American communities.

Sec. 11005: Bureau of Indian Education

• Appropriates $850 million for the Bureau of Indian Education, available until fully spent.

Articles/Documents

• Article: Monthly Child Tax Credit Payments Start July 15th. Here's What You Need to Know, By Christine Hernandez, winnie, May 21, 2021
• Article: Applying for rental assistance isn't easy. Here's what you need to know, By Annie Nova, CNBC, May 20, 2021
• Article: Facing Hurricane and Wildfire Seasons, FEMA Is Already Worn Out, By Christopher Flavelle and Zolan Kanno-Youngs, New York Times, May 20, 2021
• Article: As GOP-run states slash jobless aid, the Biden administration finds it has few options, By Tony Romm and Eli Rosenberg, The Washington Post, May 20, 2021
• Article: FEMA Launches Program to Compensate Funeral Expenses During Pandemic, By Stephanie Steele, NewsRadio 610 Kona, May 18, 2021
• Article: Judge Allows National Eviction Moratorium To Remain In Force While Feds Appeal Ruling Tossing It, By Nicholas Reimann, Forbes, May 18, 2021
• Article: How to get $9,000 in federal assistance for COVID-related funeral expenses, By James T. Mulder, AL, May 12, 2021
• Article: Struggling Renters Need More Federal Aid, By Alieza Durana and Carl Gershenson, The American Prospect, May 12, 2021
• Article: Lockheed-Backed Reps Lobby Against F-35 Spending Cuts, By David Moore, Sludge, Brick House, May 12, 2021
• Article: Loans Online – Black farmer loan forgiveness challenged, By Andrew Solender, Forbes, May 11, 2021
• Article: Senate Republicans Move To End $300 Unemployment Checks After Bad Jobs Report, By Andrew Solender, Forbes, May 11, 2021
• Article: Republicans Are Still Waging War on Workers, By Paul Krugman, The New York Times, May 10, 2021
• Article: U.S. Chamber of Commerce blames weak jobs report on enhanced unemployment benefit, kicks off lobbying effort, By Thomas Franck and Brian Schwartz, CNBC, May 7, 2021
• Article: National Eviction Moratorium Thrown Out by Federal Judge, By Andrew Ackerman and Brent Kendall, The Wall Street Journal, May 5, 2021
• Article: Who is eligible for Earned Income Tax Credit for childless workers?, By Greg Heilman, as, May 3, 2021
• Article: Sid Miller sues over farm aid program, saying it discriminates against whites, By Chuck Lindell, Austin American-Statesman, April 27, 2021
• Article: Texas Ag Commissioner Sid Miller sues, claims American Rescue Plan discriminates against white farmers, By Drew Knight, KVUE, April 27, 2021
• Article: WHAT TO KNOW ABOUT THE PAYCHECK PROTECTION PROGRAM BEFORE YOUR CHANCE TO GET IT RUNS OUT, By Jamie Smith Hopkins, The Center for Public Integrity, April 25, 2021
• Article: USDA Details Plan for Debt Payments to Socially Disadvantaged Farmers, By Chris Clayton, Progressive Farmer, DTN, Ag Policy Blog, April 15, 2021
• Article: HOMEOWNER ASSISTANCE FUND, U.S. DEPARTMENT OF THE TREASURY, April 14, 2021
• Article: New $3,000 child tax credit to start payments in July, IRS says, By Carmen Reinicke, CNBC, April 13, 2021
• Document: FAQS ABOUT COBRA PREMIUM ASSISTANCE UNDER THE AMERICAN RESCUE PLAN ACT OF 2021, Department of Labor, April 7, 2021
• Article: Exclusive: Nearly 7 million uninsured Americans qualify for free health insurance, By Dylan Scott, Vox, April 1, 2021
• Article: This Fast Food Giant Bragged About Killing $15 Minimum Wage, By David Sirota, Andrew Perez and Walker Bragman, Newsweek, March 27, 2021
• Document: Pension Provisions in the American Rescue Plan of 2021, U.S. Congressional Research Service, March 18, 2021
• Article: Congress Repeals Worldwide Interest Expense Allocation, By Amanda Pedvin Varma, Lauren Azebu, Steptoe, March 17, 2021
• Article: House Democrat Jared Golden Defends Voting Against 'Wasteful' $1.9T Relief Bill, By Benjamin Fearnow, Newsweek, February 27, 2021
• Article: FEMA Supporting Vaccination Centers Nationwide, FEMA, February 26, 2021
• Article: Veterans Community Care Program: Improvements Needed to Help Ensure Timely Access to Care, U.S. Government Accountability Office, September 28, 2020
• Article: How a 1960s communist exposed the funeral industry’s greed, By Matt Reimann, Timeline, July 11, 2016
• Article: The F-35 Is About to Get A Lot Cheaper. Sort Of., By Kyle Mizokami, Popular Mechanics, July 11, 2016

Additional Resources

• Poll @JenBriney Twitter
• Allocation for States
• Allocation for Metropolitan Cities
• Socially Disadvantaged Farmers and Ranchers, U.S. Department of Agriculture
• Child Care & Development Block Grant (CCDBG), First Five Years Fund
• The American Rescue Plan, The White House
• Federal Poverty Level (FPL), Healthcare.gov
• New, lower costs on health insurance! Enroll now, Healthcare.gov
• US Chamber of Commerce, OpenSecrets.org
• Lobbyist Profile: Robert L Livingston, OpenSecrets.org
• Lobbyist Profile: Michael Mukasey, OpenSecrets.org
• Client Profile: US Chamber of Commerce, OpenSecrets.org
• Industry Profile: Food & Beverage, OpenSecrets.org

Sound Clip Sources

McConnell: I hope EVERY REPUBLICAN votes against American Rescue Plan, Forbes, YouTube, March 3, 2021

Rep. Kurt Schrader explains his vote against $1.9T coronavirus relief bill, KGW, March 1, 2021

"A Payoff For Pelosi": Kevin McCarthy Slams Spending Items In $1.9 Trillion American Rescue Plan, Forbes, YouTube, May 1, 2021

Cover Art

Design by Only Child Imaginations

Music Presented in This Episode

Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)

In mid-February 2021, a not-as-rare-as-it-used-to-be winter storm swept across the country, causing massive power outages in the state of Texas with deadly consequences. In this episode, hear the highlights of the congressional investigation into the causes of the extended power outages. They were foreseeable, and in fact foreseen, and similar power outages can be prevented; the only question is whether they will be.

Executive Producer: Shelley Stracener

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Recommended Podcast/YouTube Episodes

100 Days of Biden w/ David Dayen & Jennifer Briney Bad Faith Podcast with Briahna Joy Gray and Virgil Texas. 

Articles/Documents

• Article: Report: Bulk of February power plant outages 'weather related' amid historic Texas freeze, By Bob Sechler, Austin American Statesman, April 6, 2021
• Article: Why Texas was not prepared for Winter Storm Uri, By Kara Norton, PBS, March 25, 2021
• Article: Texas power grid CEO Bill Magness getting fired in wake of deadly blackouts, CBS, March 4, 2021
• Article: ERCOT CEO Refuses $800K Payout Following Firing, By Jaclyn Diaz, npr, March 5, 2021
• Article: What’s behind $15,000 electricity bills in Texas?, By Seth Blumsack, The Conversation, February 24, 2021
• Article: How Winter Storm Uri Impacted the United States, By Theresa Machemer, Smithsonian Magazine, February 19, 2021
• Transcript: ERCOT Update Press Conference on Texas Power Outages February 17, Rev, February 17, 2021
• Article: Why the Texas power grid is struggling to cope with the extreme cold, By Umair Irfan, Vox, February 16, 2021
• Article: Winter Storm Uri Spread Snow, Damaging Ice From Coast-to Coast, Including the Deep South (Recap), The Weather Channel, February 16, 2021
• Article: Bitter cold deepens state's power crisis, By Marcy de Luna and Amanda Drane, Houston Chronicle, February 14, 2021
• Article: Shellenberger’s Optimistic, Viral Take on Climate Future Challenged by Scientists He Cites, By Alex Kasprak, Snopes, August 4, 2020

Additional Resources

• Michael Shellenberger DeSmog
• Texas’ Energy Market and Power Grid 101, Electric Choice
• Campaign Finance Summary: John A Barrasso, opensecrets.org

Sound Clip Sources

Hearing: POWER STRUGGLE: EXAMINING THE 2021 TEXAS GRID FAILURE, House Committee on Energy and Commerce: Subcommittee on Oversight and Investigations, March 24, 2021

Watch on Youtube

Witnesses:

• Sylvester Turner
  • 2015 -: Mayor of Houston, TX
  • 1989 - 2016: Member of the TX House of Representatives
• Bill Magness
  • President and CEO of the Electric Reliability Council of TX (ERCOT)
  • Testified after being given notice that he would be getting fired at the beginning of May
• Christi Craddick
  • Chairman of the Railroad Commission of TX
• Michael Shellenberger
  • Founder and President of Environmental Progress
  • Website: "He has helped save nuclear reactors around the world."
• James Robb
  • President and CEO of the North American Electric Reliability Corporation (NERC)
  • The standard setting body for reliability associated with the electric power industry
  • 1988 - 2002: Principal at McKinsey

Transcript:

35:45 Cathy McMorris Rodgers: Recent trends show a transition away from coal and nuclear power plants designed to function as baseload capacity toward variable renewable energy sources with just in time natural gas backup. States like California that rely more on weather dependent renewables experienced energy failures on a regular basis. Indeed, California residents experienced blackouts on an ongoing annual basis as the state fails to manage summer electricity demand and wildfire risk. These events suggest that replacing nuclear plants with variable renewable energy sources could make energy grids less resilient. Policies that drive renewables at the expense of firm baseload put lives at risk.

49:09 Bill Magness: Let me give you a bit of background to explain ERCOT's role in the provision of electric power in Texas. We manage the flow of electric power to more than 26 million Texas customers. That's about 90% of the state's electric load and about 75% of the landmass of Texas, ERCOT does not own power plants. We do not own poles and wires. We are the grid operator, like air traffic control for the grid. We're also the settlement agent for the market. We do the bookkeeping and billing, we don't participate in the financial side of our market. Our number one job is to see that supply and demand on the grid are in balance at all times. As the independent system operator for the region, ERCOT schedules power on an electric grid that connects more than 46,500 miles of transmission lines and over 680 generating units. It also performs financial settlement for the competitive wholesale bulk power market and administers retail switching for 8 million premises in the competitive areas in ERCOT. We're a membership based 501 c four nonprofit corporation governed by a board of directors and subject to oversight by the Public Utility Commission of Texas and the Texas Legislature. Our members include consumers, cooperatives, generators, power marketers, retail electric providers, and best droned electric utilities, transmission and distribution providers and municipally owned electric utilities. ERCOT's not a policymaking body. We implement the policies adopted by the Public Utility Commission and the Texas Legislature and we operate under reliability rules adopted by the North American Electric Reliability corporation or NERC. Generators produce power from a variety of sources in ERCOT such as gas, coal, wind, solar and nuclear. These are private and public entities subject to regulation by various state and federal agencies. Transmission and distribution providers own the wires and transport the power to consumers subject to their own sets of federal and state regulations. 24 hours a day, seven days a week ERCOT monitors the entirety of the system to make sure that when transmission lines go down, we can work around them. We talk to generators instructing them to bring load onto the system or to back it down as needed. We oversee the scheduling of maintenance and more. The work is done with one purpose to maintain the 60 hertz frequency that's needed to ensure the stability of the grid. There's a constant balancing act to manage the supply and demand to ensure a stable frequency. During the week of February 15, the Texas electric market experienced more demand than available supply. At its worst the storm took out 48.6% of the generation available to ERCOT to balance the grid. We always keep reserves, but when you lose nearly half your generation, you're going to have a problem. And supply quickly diminished the frequency of the grid dipped perilously low. Many generators stayed off for days and this led the system unable to serve that high demand. We use the last tool in our toolkit. Planned outages. Calling for load shed to manage the stability of the grid. This crisis required are caught using procedures established for emergencies like this to call on Transmission providers to use control load shedding to balance the system and prevent a devastating blackout for the entire grid. avoiding a complete blackout is critical. Were to occur, the Texas grid could be down for several days or weeks while the damage to the electrical grid was repaired and the power restored in a phased and highly controlled process. The cost of restoration of the system. The economic loss for Texas and the personal costs of the well being of Texas citizens would be unfathomable. as terrible as the consequences of the controlled outages in February were if we had not felt the blackout power could have been out for over 90% of Texans for weeks. The steps we took were difficult, but they had to be taken and when power was able to be fully restored. The Texas electric delivery system immediately returned to its pre emergency conditions.

57:36 Christi Craddick: As the storm sat over Texas wind, solar, coal, nuclear oil and natural gas all experienced challenges. Through numerous conversations with the oil and gas industry and operators, we learned of frozen roadways preventing crews from accessing the fields. But the number one problem we heard reported from operators was a lack of power at their production sites. As outages spread across the state operators were unable to keep their systems functioning as power was cut. Some operators did need to preemptively shut in their wells for safety and well integrity purposes prior to the storm, beginning as early as February 9. Starting on Tuesday, February 16, as it was safe to return to the oilfield, crews arrived to find that their facilities were experiencing electricity outages. The oil fields simply cannot run without power, making electricity the best winterization tool.

59:13 Christi Craddick: For just one moment, I'd like to highlight the overall success of our LDC's our local distribution companies. They are the companies that provide gas directly to residential customers. If you have a gas powered stove, fireplace, furnace heat, you're an LDC customer. As millions of homes lost electricity in Texas, only 2,153 LDC customers experienced service disruption. That means that 99.95% of all customers did not lose gas. 4.6 million households in Texas utilize natural gas in their homes representing about 13 million Texans and these families were able to continue to heat their homes.

1:11:19 Rep. Diana DeGette (CO): ERCOT has stated publicly that the recent extreme weather in Texas, 'caused many generating units across fuel types to trip offline and become unavailable.' Isn't it true that during the extreme weather event, natural gas, wind, coal, solar and even nuclear power were forced offline? Bill Magness: Yes, Chairman, we did see periods of time where each one of those types of generation flipped offline. Rep. Diana DeGette: And as devastating as this was, I guess a lot of people who are surprised because, Mayor, you were in the Texas legislature for more than 25 years. And you said in your written testimony, the magnitude, and also today, that magnitude of damages was foreseeable, and preventable. The Texas grid must be designed with the full appreciation that climate change is real and extreme weather events can occur with throughout the year. Is it your view that Texas ignored these warnings, and missed several opportunities to fortify the grid against the threat of extreme weather? Sylvester Turner: Madam chair? The answer is yes. I was in the legislature when the winter storm occurred in 2011. In fact, I found House Bill 1986. That's specifically what mandated the Public Utility Commission to have ERCOT have a sufficient reserve to prevent blackouts. That was in 2011. Rep. Diana DeGette: Mr. Rob, I understand that NERC has issued a series of recommendations in recent years warning about reliability risk to the Texas grid, including after this same storm that hit Texas in 2011. Now, I know nurse inquiry is ongoing, but based on the information you have, did Texas winterize its power infrastructure to the degree NERC had recommended after the 2011 storm? Jim Robb: Well, the inquiry will affirm this but evidence was just absolutely not. Rep. Diana DeGette: Absolutely not.

1:14:05 Sylvester Turner: I will tell you we're not just relying on generators. We had a number of generators go under in wastewater treatment facilities. When the grid failed, some of those generators didn't kick in. What we are doing now is looking at piloting micro grids that actually tie into the Texas grid. And they are always on, they never turn off. They're on 24 seven. And so we're looking at power utilizing that for our key infrastructure projects with it for city facilities as well as in low income communities in the city.

1:15:03 Jim Robb: But the key to integrating large amounts of renewable resources is the balancing resource that that picks up generation when the renewable resources can't perform because of weather conditions or what have you. And today, the only real resource we have that can do that would either be hydro, as was mentioned earlier, or natural gas. And natural gas of those fuels is the most easily transported to to where it's needed. So gas is the answer to making this transition work.

1:17:36 Michael Shellenberger: I just will also mention I this talk and this idea that there is some inevitability to a transition towards variable renewable energy sources is incorrect. It is not shared by most energy experts. It is a consequence of policy choices. And if we want to have affordable, reliable, resilient electricity sources, we need reliable sources of electricity produced in large, efficient power plants, whether nuclear natural gas or coal.

1:33:06 Jim Robb: The report that we put out in 2011, called for very clear freeze protection on the generating plants and raised the issue as to whether that should extend into the natural gas supply as well. And what I understand Texas did was to put in place legislation that required weatherization, but not to a specific level. And it was not aggressively enforced standard. I think it was spot checked. And, and enforcement against that was relatively modest is my understanding. Why we're... No, I think that's one of the reasons why after the 2018 event, we concluded that we needed to move to a mandatory freeze protection standard for equipment and to have that be monitored and enforced by us.

1:50:24 Michael Shellenberger: If we're going to shut down all of our nuclear plants which are 20% of our electricity, and we better keep our coal plants around, and I say this is somebody that has long advocated the transition from coal to natural gas and nuclear.

1:58:32 Christi Craddick: I believe that transmission pipes are in the ground and that's natural insulation, where we do have some challenges when you had the electric TriCity roll off into fields and across the state than we did our problems with compressors that are electric compressors and or natural gas compressors. Like you can't move stuff in a pipe if you've got an up compressor without electricity. So but the pipes themselves did not freeze and I think that's been a mis communication across the board when you've looked at the press communication

2:04:12 Michael Shellenberger: Civilization depends on reliable electricity. I think everybody agrees with that. But then you need to people need to explain how it is that variable renewable energy sources which are weather dependent, are somehow add up to being reliable and resilient at grid levels they don't, that actually just adds up to less reliability and less resilience, all else being equal.

3:02:55 Rep. Marc Veasey (TX): We also know that many natural gas producers and processors failed to file the necessary paperwork with the electric utility to be listed as critical infrastructure. That meant that when we have rolling blackouts, and when they were initiated, these natural gas companies didn't have the electricity necessary to pull gas from underground, which in turn led to a natural gas shortage of power plants and created a downward spiral of more blackouts. Right now, it's optional for these companies to file this paperwork, but Charlie Garin also from Fort Worth, he has a bill, Commissioner Craddick, that he is going to file that will answer some of these concerns that I just laid out. And I want to ask you, Commissioner Craddick should ease energy producers, who we all know are critical to keep the lights on. So we won't have a repeat of what we saw, should they be required to file this paperwork? And should it be included on the electric utilities critical list? Christi Craddick: I think it's an important piece that frankly, my agency hadn't been communicated from ERCOT that this existed, but to if you look at for these forums, and the second the the time when we finally realize this form existed, because it was based on summertime, not winter time. But when we realized that we've now sent it from our agency sent a letter to every single operator that we regulate, suggesting that they file this form, but youdon't think it should be required.The challenge we still have though, is ERCOT today doesn't prioritize gas fields. It's only gas processing plants for it, so we'd like to encourage ERCOT to remap the system and understand that the the whole system needs to be included not just part because we had operators who told us they would have been happy to file the form had one, they known about it and two, had have been included in the form and they were not.

Hearing: ELECTRIC SERVICE AND EXTREME WEATHER EVENTS, Senate Committee on Energy and Natural Resources, March 11, 2021

Watch on Youtube

Witnesses:

• Mark A. Gabriel
  • Administrator, Western Area Power Administration, Department of Energy
• James B. Robb, North American Electric Reliability Corporation
• Pat Wood, III, Hunt Energy Network, former Chairman of the Federal Energy Regulatory Commission
• Michael D. Shellenberger, Environmental Progress
• Manu Asthana, PJM Interconnection

Transcript:

11:51 Jim Robb: There are three major trends which are fundamentally transforming the bulk power system and challenging our historic reliability paradigms. First, the system is decarbonizing rapidly and this evolution is altering the operational characteristics of the grid. policies, economics and market designs are resulting in significant retirements of traditional generation, new investment is increasingly focused on developing carbon free generation with variable production profiles. And in this resource mix, natural gas fired generation is becoming ever more critical, both for both energy to serve load and balancing energy to support the integration of these variable resources. Second, the grid is becoming more distributed. The improved economics of solar is a key example. These smaller scale resources have been deployed on both the bulk electric as well as distribution systems and in many cases reside behind the meter. And third, the system is becoming increasingly digitized through smart meters and digital control systems. These investments greatly enhanced the operational awareness and efficiency of grid operators, but at the same time, it heightens our exposure to cybersecurity risk.

12:59 Jim Robb: Our reliability assessments are one important way we evaluate the performance of the grid, identify reliability trends, anticipate challenges, and provide a technical platform for important policy discussion. With growing reliance on variable and just in time resources, we are developing more advanced ways to study energy supply risk. Our assessments consistently have identified three regions of the country, particularly exposed to these dynamics: California, Texas and New England. Last August, a massive heat wave across the west caused an energy supply shortage in California in the early evening, solar energy was ramping down and the grid operator was unable to import power as planned. due to high demand throughout the West, Cal ISO was forced to cut power to approximately 800,000 customers. Among the lessons learned from this event are one the critical need for reliable ramping resources to balance load, and second, the need for improved ways to estimate resource availability when the system is under stress. In New England, cold weather exacerbates its dependence on limited pipeline capacity and a handful of critical fuel assets. An early January coldsnap in 2018, led to natural gas shortages and fuel oil was burned to preserve reliability. Had that coldsnap not abated when it did. The fuel oil inventory would eventually be exhausted, and I assume New England almost certainly would have needed to shed load. It was a classic near miss event. Insufficient and inadequate weatherization of generation in Texas in the middle South states has been a growing concern for us since 2012. After a cold weather event caused loadshedding for 3 million customers in Texas in 2011. We developed a winter preparation guideline to focus industry on best practices and started conducting significant outreach on winter preparedness. Following additional extremes and unplanned load shedding in that region in 2018. We concluded that these events could no longer be treated as rare, and that a mandatory approach was warranted. As a result, nerf began the process of adding mandatory weatherization requirements into our reliability standards.

15:00 Jim Robb: First, more investment in transmission and natural gas infrastructure is required to improve the resilience of the electric grid. Increased utility scale wind and solar will require new transmission to get power to load centers. Next, the regulatory structure and oversight of natural gas supply for the purposes of electric generation needs to be rethought. The natural gas system was not built and operated with electric reliability. First in mind, policy action and legislation will likely be needed to assure reliable fuel supply for electric generation. As the critical balancing resource natural gas is the fuel that keeps the lights on. Third, the electric and natural gas systems must be better prepared for extreme weather conditions which are frankly becoming more routine. Regulatory and market structures need to support this planning and the necessary investment to assure reliability. And finally, investment in energy storage or alternative technologies needs to be supported to have a viable alternative to natural gas for balancing variable resources. A technology which can be deployed cost effectively and at massive scale with adequate duration to deal with supply disruption lasting for days rather than hours is required.

19:13 Mark A. Gabriel: First, every former generation can be disrupted by extreme temperatures. Second, a competitive market can discourage long term capital investment in reliability and resilience measures. And finally, costs move in both directions in competitive markets, and electricity will flow often times at impractical prices.

21:07 Mark A. Gabriel: In conclusion, power and gas markets in the United States are marvelously efficient at driving out inefficient, generating huge units, increasing financial liquidity and expanding the sale of electricity. However, the real question is whether electricity and to a lesser extent natural gas are logical commodities to participate in open markets. Unlike pork bellies and orange juice trading electrons has consequences far greater than the availability of bacon or a morning refreshment.

23:25 Pat Wood: Today I'm CEO of the hunt energy network. We're building storage batteries, small batteries at the distribution level around the state of Texas. I think the role of energy storage in the future is going to be one that will be just nowhere to go but up. As we bring on intermittent resources, understand the members concerns and lived through them as well with intermittent resources or variable resources that we've got to do something to firm those up. Storage is that golden bullet that as a regulator, I didn't have 15-20 years ago, and we were talking through market issues across from California to New England. But storage is just beginning. It's got to scale up but it's a pretty interesting place to be.

46:00 Sen. John Barrasso (WY): You've written and you see, 'California is big bet on renewables and shunning of natural gas and nuclear is directly responsible for the state's blackouts and high electricity prices.' Could you expand upon your comments for the committee? Michael D. Shellenberger: Well, sure, there was a root cause analysis published by the California Public Utilities Commission, the California Energy Commission, and the California grid operator Kaiso, which made a very similar point though, in a more muted fashion. That point was made very dramatically in the midst of the crisis last August in a conference call with reporters, where the grid operator specifically pointed to the closure of San Onofre nuclear power plant, which was about 2200 megawatts of power, as well as the closure of natural gas plants as the really the main factors that resulted in the shortage of energy.

46:49 Sen. John Barrasso (WY): You know, you've written a bit and you said, quote, have some have long pointed to batteries is the way to integrate unreliable renewables onto the grid. However, that batteries you say are simply not up to the task today and you went on to explain indeed for renewables to work batteries would need to be able to store the power for weeks, and perhaps even months. Can you expand upon the comments for the committee? Michael D. Shellenberger: Sure. Well, we have one of the largest battery installations in the world in Escondido, California, and it provides power for 16,000 Californians for about four hours. There's almost 40 million Californians, the cost is prohibitive prohibitively high and in fact, most advocates of renewables now, no longer think that lithium batteries are going to be an important form of storage beyond you know, managing minutes or hours.

52:38 Mark A. Gabriel: I think what we also have to look at and understand is how can we use the existing transmission system differently. For example, there are seven ties between the eastern and western grid that are perfect examples of 1980s technology, which could clearly be upgraded and quite frankly, could be done within a two to four year timeframe. So we'd have some immediate benefit there.

59:47 Mark A. Gabriel: Gotta consider in the United States only 3% of the 90,000 dams have power capabilities to them. And if anything, I think it's a it's a valuable discussion to have to make sure that we are thinking about increasing hydro power, as it is a carbon free resource, and one that can help bolster a grid in times of great stress.

1:02:08 Sen. Martin Heinrich (NM): Coal has become completely unaffordable as a power source. If you look at Lazard or any of the independent analysis of what wholesale costs are for various different generations, and you have solar at three to four cents a kilowatt and wind at three to five cents a kilowatt, and then you have coal at 7 to 16 cents a kilowatt, or nuclear at 13 to 20 cents a kilowatt, you understand what some of the market pressures are here, and why we're being asked for example, to subsidize nuclear power.

1:03:00 Sen. Martin Heinrich (NM): I'd ask what policies you think would be wise to accelerate the deployment of the storage that you mentioned, on the grid both in Texas and nationally? Pat Wood: Well, I think getting a diversity of supply chain, we clearly are dependent on China and a few other countries in East Asia for the current technologies that I think Mr. Shallenberger pointed out correctly, that there are a lot of things other than lithium ions, but those are what are in all the EV's and in certainly all the storage technology. So the cost upstream if there could be some American or at least North American European suppliers to that. The policies in the US make it easy make it as easy to interconnect a battery as we've made it to connect gas plants and windmills. Yeah, we're of course version 1.0 talking with our utilities. We haven't done it before, but it's it's not easy. Learning to get these things done one by one. I think the market policies in most of the organized markets are very friendly to battery so I think we've got that box checked. Sen. Martin Heinrich (NM): So interconnection is really a big... Pat Wood: Interconnection is important.

1:04:40 Sen. Martin Heinrich (NM): Would it have been helpful for Texas to be able to import power either from the east or the west? In this recent episode, because I noticed that El Paso power for example, El Paso didn't have the same rolling blackouts because they were able to pull from the western grid. Pat Wood: And they are directly interconnected with it. We do have some gates in the wall. Sen. Martin Heinrich (NM): Yes, you have DC connections. But if you don't have direct connections? Pat Wood: Correct, that's right. And there actually are proposals to put more of the DC ties in both east and west. To be honest, a few gigawatts wouldn't wouldn't hurt. But it wouldn't have saved us from really what was a 20 gigawatt short shortfall at the... Sen. Martin Heinrich (NM): What was the single largest shortfall from which generation source? If you look at it Pat Wood: Well, our largest supplier on a normal day is gas. So the impact of gas dropping both at the supply level and then at the power plant level. That's that's the interesting thing to figure out is how much was related to the lack of winterization, which we should have learned from the 2011 experience, how much was done from that, and how much actually had to do with the supply system or the upstream issues from the gas wells all the way down to the power plant.

1:23:15 Sen. James Lankford (OK): Natural gas is quick to be able to turn on. But when you're not asked for much for a long period of time, and then suddenly you ask for a lot in a short period of time, especially an extremely cold weather event, then suddenly it's like, you know what, we can't turn it all on that fast that much. Is there a tipping point that you're seeing for providing other fuels that are out there that for instance, were 40, 50, 60% renewables and you've got a very small portfolio of natural gas, and then the wind stops blowing, and it's a cloudy day, and you suddenly don't have those. And he asked natural gas to turn on 50% suddenly, that's just not realistic, because what is upstream is not able to turn on that fast. Is that a realistic conversation? Jim Robb: I think that's that is the conversation that needs to take place. Natural gas plants are the most flexible that we have in the system to accommodate the variability that we see with large amounts of variable resources. And it is a real challenge for the natural gas industry to provide that kind of capacity that quickly. It's not designed to do that. But that's what the electric industry needs. And this is the question that I think policymakers and probably legislators are going to have to tackle which is how do we create a construct for natural gas to be able to serve these very unique needs of the electric system for which it's not designed to do

1:35:40 Sen. Roger Marshall (KS): How could Burke investigate if there was anything nefarious, what does that process look like? And I'm not saying there is. I'm just it just hard for me to imagine just prices going up exponentially. And again, I think of that, you know, my parents on a fixed income, what's happening to their electric bill and their heating bill coming up? Right now was well, how would Burke investigate this? Pat Wood: NERC does have authority over market manipulation, or just markets in general in the interstate markets, of course, interstate natural gas pipeline serve Kansas, Oklahoma and parts of Texas as well. We have an interest state that separate but the Commodities Futures Trading Commission, they were certainly involved with us 20 years ago, when we unpacked the issues in the California crisis. The state attorneys general, as I mentioned, the one in Texas is already investigating this issue. Those three, three camps for CFTC. For the futures foryour experiences, that takes decades to go through,well, no, it doesn't. I mean, you can unpack in this digitized age. We have a lot more capability that in 2021 than we did in 2001 to review trades in this matter or in any matter much more expeditious.

1:37:40 Sen. Angus King (ME): Can you tell us unequivocally that wind turbines did not cause the problem in Texas? Pat Wood: They did not cause the problem, they were honestly the only thing was like gas and coal and everywhere. Sen. Angus King (ME): So every... Pat Wood: Everything could have helped solve it more faster. But you know, when was slow to get back, and so was coal and so was gas.Sen. Angus King (ME): And I want to mention that the wind project that I worked on in Maine has been online in 10 years in Maine. And it's never been down because of the cold that I know of it was a question of they're not weatherizing their entire turbine. So there's nothing intrinsic in the wind power that can't survive cold weather.

1:40:25 Manu Asthana: But I think the the really exciting part of electric vehicles and PJM did a study with the University of Delaware on vehicle to grid. We actually piloted having vehicles provide regulation services off of their batteries. And, you know, people were able to earn $100 a month in the pilot, so I think there's a lot of capability that will come to the grid that hopefully can add resilience through EV's as well.

Republicans LIE, Say Texas Blackouts Caused by Wind Power, David Pakman Show, February 17, 2021

Chris Hayes Debunks GOP, Right-Wing Media Lies About Texas Power Outages | All In | MSNBC, MSNBC, February 16, 2021

Cover Art

Design by Only Child Imaginations

Music Presented in This Episode

Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)

The 2021 National Defense Authorization Act (NDAA) and the Coronabus both enacted laws aiming to stop China from advancing their Belt and Road economic system that may soon be able to compete with the "rules based international order", which the United States has been leading the implementation of since the end of WWII. In this episode, learn about the NDAA's most significant changes, including a new U.S. military build up in China's neighborhood: The Pacific Deterrence Initiative.

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Bills

National Defense Authorization Act for 2021

Bill Text

Sec. 158: Expansion of Economic Order Quantity Contracting Authority for F-35 Aircraft Program

• Doubles the amount of money allowed to be spent on longer term contracts from $574 million to over $1 billion

TITLE VII - ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Subtitle D - Industrial Base Matters

Sec. 841: Additional Requirements Pertaining to Printed Circuit Boards

• Beginning January 1, 2023, the Defense Department will be prohibited from buying printed circuit boards that are either fully or partially manufactured in North Korea, China, Russia, or Iran.
• The Defense Secretary has the ability to waive these restrictions

TITLE X - GENERAL PROVISIONS

Subtitle E - Miscellaneous Authorities and Limitations

Sec. 1052: Expenditure of Funds for Department of Defense Clandestine Activities that Support Operational Preparation of the Environment

• Authorizes the Secretary of Defense to spend up to $15 million from the Operations and Maintenance account "in any fiscal year for clandestine activities for any purpose the Secretary determines to be proper for preparation of the environment for operations of a confidential nature."
  • Intelligence activities are excluded.
• This authority can be delegated for expenses up to $250,000.
• The Defense Secretary has to tell Congress about these expenditures in a report due once per year at the end of the year.

Sec. 1053: Sale or Donation of Excess Department of Defense Personal Property for Law Enforcement Activities

• Prohibits the military from transferring free bayonets, grenades (but they can still transfer stun and flash bang grenades), weaponized tanks, and weaponized drones to domestic law enforcement.

Sec. 1062: Limitation on Provision of Funds to Institutions of Higher Education Hosting Confucius Institutes

• Beginning in 2023, Defense Department funding - except for funding given directly to students - can be given to an college or university that hosts a Confucius Institute.
  • "Confucius Institute" is defined as "a cultural institute directly or indirectly funded" by the Chinese government.
• The Defense Secretary has the ability to waive this prohibition.
• This was based on a bill co-authored by Rep. Anthony Gonzalez of Ohio and Rep. Donna Shalala of Fl

Sec. 1064: Requirements for Use of Federal Law Enforcement Personnel, Active Duty Members of the Armed Forces, and National Guard Personnel in Support of Federal Authorities to Respond to Civil Disturbances

• Whenever a member of the armed forces, including the National Guard, respond to a civil disturbance, each individual has to display their name and the name of the Federal entity they are representing.
• This won't apply to individuals who don't wear uniforms when performing their regular duties or who are performing undercover operations.

TITLE XII - MATTERS RELATING TO FOREIGN NATIONS

Subtitle B - Matters Relating to Afghanistan and Pakistan

Sec. 1215: Limitation on Use of Funds to Reduce Deployment to Afghanistan

• Prohibits troop levels in Afghanistan from being reduced below 2,000 until the Defense Secretary submits a report

Subtitle C - Matters Relating to Syria, Iraq, and Iran

Sec. 1221: Extension and Modification of Authority to Provide Assistance to Counter the Islamic State of Iraq and Syria

• Reauthorizes the Department of Defense military assistance for training, equipment, supplies, and support for the Government of Iraq and "other local security forces" for combatting ISIL and security the territory of Iraq until December 31, 2021 but cuts the funding to $322.5 million, down from $645 million. The original funding amount t was over $1.6 billion in 2016.

Sec. 1222: Extension and Modification of Authority to Provide Assistance to Vetted Syrian Groups and Individuals

• Reauthorizes the Department of Defense assistance for training, equipment, supplies, support, stipends, and facilities for "vetted elements of the Syrian opposition and other appropriately vetted Syrian groups and individuals" until December 31, 2021

Subtitle E - Matters Relating to Europe and NATO

Sec. 1241: Determination and Imposition of Sanctions with Respect to Turkey's Acquisition of the S-400 Air Defense System

• In response to Turkey's decision to buy an air defense system from Russia on July 12, 2019, the President "shall" impose five or more sanctions on each person who participated in buying that system. The sanctions were required to be implemented by the end of January 2021.
• The sanctions are allowed to be removed after one year if the S-400 air defense system has been removed from Turkey

Sec. 1246: Report on United States Military Force Posture in Southeastern Europe

• By the end of 2021, the Secretary of Defense has to submit a classified report with an unclassified summary describing the military postures of Russia and China in southeastern Europe and assess the cost, feasibility, and infrastructure requirements of increasing US Armed Forces in Greece, Romania, Bulgaria, and other locations.

Subtitle F - Matters Relating to the Indo-Pacific Region

Sec. 1251: Pacific Deterrence initiative

• Requires the Secretary of Defense to create a Pacific Deterrence Initiative to improve the force posture in the Indo-Pacific region, primarily west of the International Date Line
• The purpose is to...
  • Strengthen the presence of the US Armed Forces in the region
  • Pre-position equipment, weapons, and fuel.
  • Perform exercises, training, and experiments
  • Build the militaries of allies and partners and enhance cooperation with them
• Authorizes over $2.2 billion

Sec. 1252: Extension and Modification of Prohibition on Commercial Export of Certain Covered Munitions Items to the Hong Kong Police Force

• Extends the prohibition on export licenses being issued to send weapons to the Hong Kong police force that was enacted on November 27, 2019 until December 31, 2021 and expands the prohibition on exports to include "crime control items".

Sec. 1260: Statement of Policy and Sense of Congress on the Taiwan Relations Act

• 'The Taiwan Relations Act and the Six Assurances provided by the United States to Taiwan in July 1982 are the foundation for United States-Taiwan relations"
• "Any effort to determine the future of Taiwan by other than peaceful means, including boycotts and embargoes, is a threat to the peace and security of the Western Pacific area and of grave concern to the United States."
• We will "resist any resort to force or other forms of coercion that would jeopardize the security, or the social or economic system of the people of Taiwan"
• It is US policy to continue selling weapons to Taiwan, including weapons for air defense, undersea warfare, intelligence, surveillance, anti-armor, anti-ship, and coastal defense systems.
• US policy is to perform joint military exercises with Taiwan.

Sec. 1260E: Sense of Congress on the Aggression of the Government of China Along the Border with India and its Growing Territorial Claims

• Congress says that...
  • "continued military aggression by the Government of China along the border with India is a significant concern"
  • "attempts by the Government of China to advance baseless territorial claims, including those in the South China Sea, the East China Sea, and with respect to Bhutan, are destabilizing and inconsistent with international law."

Subtitle G: Sudan Democratic Transition, Accountability, and Fiscal Transparency Act of 2020

Sec. 1263: Statement of Policy

• It is United States policy to...
  • "support a civilian-led political transition in Sudan that results in a democratic government..."
  • "support the implementation of Sudan's constitutional charter for the transitional period" (which began on August 17, 2019 and is effective for 39 months, which would be November 17, 2022)
  • Part of our strategy is "promoting economic reform, private sector engagement, and inclusive economic development..." and "supporting improved development outcomes, domestic resource mobilization, and catalyzing market-based solutions to improve access to health, education, water and sanitations, and livelihoods..."

Sec. 1264: Support for Democratic Governance, Rule of Law, Human Rights, and Fundamental Freedoms

• Authorizes the President to "provide assistance" authorized by the Foreign Assistance Act of 1961, which allows him to use money from the State Department's Economic Support Fund, and development assistance in agriculture, health, education, housing, counter-drug operations, disaster relief, energy, technology, natural resources, and technical assistance for the government and/or central bank.
• Authorizes $20 million per year in 2021 and 2022

Sec. 1265: Support for Development Programs

• Authorizes the President to "provide assistance" using the same authorities from Section 1264 and the Better Utilization of Investments Leading to Development Act of 2018 (BUILD Act) ,which created the United States International Development Finance Corporation, to "promote economic growth, increase private sector productivity and advance market-based solutions to address development challenges"
• Authorizes $80 million per year for 2021 and 2022

Sec. 1266: Support for Conflict Mitigation

• Authorizes the President to "provide assistance" using the same authorities from Section 1264 and money for international military education and training and money for peacekeeping operations to "support civil society and other organizations", for "professional training of security force personnel", and to support provisions of the Comprehensive Peace Agreement of 2005 and Abyei protocol.
• Authorizes $20 million per year for 2021 and 2022

Sec. 1267: Support for Accountability for War Crimes, Crimes Against Humanity, and Genocide in Sudan

• Authorizes the President to "provide assistance" using the same authorities from Section 1264 to assist investigators to document violations of human rights committed by the former President Omar al-Bashir and the Transitional Military Council since June 30, 1989.
• Authorizes $10 million per year for 2021 and 2022.

Sec. 1270E: Repeal of Sudan Peace Act and the Comprehensive Peace in Sudan Act

• Effective January 1, 2020 (backdated), repeals the Sudan Peace Act and the Comprehensive Peace in Sudan Act

Subtitle H - United States Israel Security Assistance Authorization Act of 2020

Sec. 1273: Security Assistance for Israel

• The United States will give Israel at least $3.3 billion per year from the Foreign Military Financing Program from 2021 through 2028 (at least $26.4 billion).
  • The amount used to be capped; this law changed it so that is a minimum payment.

Sec. 1275: Rules Governing the Transfer of Precision-Guided Munitions to Israel Above the Annual Restriction

• Authorizes the President to transfer precision-guided missiles from our reserves to Israel
• The authority to transfer our missiles to Israel will expire at the beginning of 2024

TITLE LVXXXIV - MISCELLANEOUS

Subtitle C - Arctic

Sec. 8421: Coast Guard Arctic Prioritization

• Congress is concerned that "Russia and China have conducted military exercises together in the Arctic, have agreed to connect the Northern Sea Route, claimed by Russia, with China's Maritime Silk Road, and are working together in developing natural gas resources in the Arctic."

TITLE XCIV - SCIENCE, SPACE, AND TECHNOLOGY MATTERS

Subtitle B - Other Matters

Sec. 9414: Study on Chinese Policies and Influence in the Development of International Standards for Emerging Technologies

• The Director of the National Institute of Standards and Technology will conduct a study that can include...
  • How China's role in international standards setting organizations has grown over the last 10 years
  • China's standardization strategy outlined in "Chinese Standard 2035"
  • An examination of whether international standards for technology are being designed to promote Chinese interests outlined in the "Made in China 2025" plan
  • Recommendations on how the United States can "mitigate" China's influence in setting standards and increase the United States public and private sector participation in the standards setting institutions

TITLE XCVII - FINANCIAL SERVICES MATTERS

Subtitle C - Other Matters

Sec. 9723: Accountability for World Bank Loans to China

• Makes it the policy of the United States to disqualify China from receiving World Bank loans designed for low and middle income countries.
• This was a bill written by Rep. Anthony Gonzalez of Ohio

TITLE XCIX - CREATING HELPFUL INCENTIVES TO PRODUCE SEMICONDUCTORS FOR AMERICA

Sec. 9902: Semiconductor Incentives

• The Secretary of Commerce has to create a program that provides tax money to "a private entity, a consortium of private entities,, or a consortium of public and private entities..." to incentivize them to invest in creating, assembling, testing, packaging, or researching semiconductors in the United States.
• The money can not be given to "a foreign entity of concern"
• Tax money for any individual project is capped at $3 billion, but that limit can be waived with the recommendation of the Defense Secretary, the Director of National Intelligence, and the President.

Sec. 9905: Funding for Development and Adoption of Measurably Secure Semiconductors and Measurably Secure Semiconductors Supply Chains

• Authorizes the Secretary of the Treasury to create a "Multilateral Semiconductors Security Fund"
• The fund would be used to create "measurably secure semiconductor supply chains"
• The Secretary of State can use money in the fund to give to foreign governments on the condition that those countries enact restrictions on exports to China.
• The Secretary of State is encouraged, but not required, to establish transparency requirements for subsidies or other financial benefits given to semiconductors inside or outside the participating countries and "promote harmonized treatment and verification processes for items being exported to a country considered a national security risk by a country participating".

Coronabus Outline

Bill Text

DIVISION B - COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021

TITLE V - GENERAL PROVISIONS

Sec. 526: Prohibits NASA, the Office of Science and Technology Policy (OSTP), or the National Space Council (NSC) from working with, contracting from, or coordinating "in any way with China or any Chinese-owned company" unless the activities are "specifically authorized" by a law enacted after the Coronabus. This can be waived if NASA, the OSTP, or NSC consults with the FBI and finds that the cooperation would "pose no risk of resulting in the transfer of technology, data, or other information with national security or economic security implications to China or a Chinese-owned company."

DIVISION K - DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT

TITLE VII: GENERAL PROVISIONS

Insecure Communications Networks

Sec. 7030: State Department funds must be used to advance the adoption of 5G in countries receiving our tax money and prevent the creation of communications networks, including 5G, promoted by China "and other state-backed enterprises that are subject to undue or extrajudicial control by their country of origin."

East Asia and the Pacific

• $1.482 billion must be spent implementing the Indo-Pacific Strategy and the Asia Reassurance Initiative of 2018.
• Requires at least $300 million in additional money to be spent on a new Countering Chinese Influence Fund

Sec. 7043: Funding for China's neighbors...

• Almost $135 million was appropriated for the government of Burma before the military coup.
• At least $85 million is appropriated for the government of Cambodia, conditioned on Cambodia "verifiably maintaining the neutrality of Ream Naval Base, other military installations in Cambodia, and dual use facilities such as the Dara Sakor development project. There is no certification required for "democracy, health, education, and environment programs, programs to strengthen the sovereignty of Cambodia, and programs to educate and inform the people of Cambodia of the influence activities of the People's Republic of China in Cambodia."
• At least $80 million will be given to Laos
• At least $3 million from the "Democracy Fund" will be given to Hong Kong for "democracy and internet freedom programs for Hong Kong, including legal and other support for democracy activists" as long as none of this money goes to the Chinese government.
• Prohibits counter-drug money for the Philippines, "except for drug demand reduction, maritime law enforcement, or transnational interdiction."
• At least $170 million will be given to Vietnam

Europe and Eurasia

• Requires at least $290 million to be spent on the Countering Russian Influence Fund

Latin America and the Caribbean

Sec. 7045: Requires over $500 million to be available for "assistance" for Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama, which can be spent on the Central America Regional Security Initiative. Guatemala, El Salvador, and Honduras can only get 50% of their allotted funding unless the Secretary of State certifies that the governments are taking actions against corruption, enacting reforms, informing their citizens that it’s dangerous to come to the United States, enhancing border security, and “resolving disputes involving the confiscation of real property of United States entities.” Those three countries are also ineligible for foreign military financing.

The Caribbean

• Requires at least $74.8 million to be spent on the Caribbean Basin Security Initiative

Venezuela

• Requires at least $33 million to be spent on "democracy programs" in Venezuela

Bilateral Economic Assistance

• Adds an additional $700 million to the Economic Support Fund, available until September 30, 2022 for Sudan.

DIVISION Z - ENERGY ACT OF 2020

Sec. 7003: Monitoring Mineral Investments Under Belt and Road Initiative of People's Republic of China

• The Director of National Intelligence, starting in the beginning of 2022 and every year after, will have to conduct a detailed report on China's investments in minerals and if their investments have increased their control over the global supply of those minerals.

DIVISION FF - OTHER MATTER

TITLE III - FOREIGN RELATIONS AND DEPARTMENT OF STATE PROVISIONS

Subtitle B - Taiwan Assurance Act of 2020

Sec. 314: Taiwan's Inclusion in International Organizations

• Congress finds that...
  • "China's attempts to dictate the terms of Taiwan's participation in international organizations has, in many cases, resulted in Taiwan's exclusion from such organizations even when statehood is not a requirement..."
• Makes it US policy to advocate for Taiwans inclusion in international organizations that do not require statehood, including the United Nations, World Health Assembly, and others.

Subtitle F - The United States Northern Triangle Enhanced Engagement Act

Sec. 352: By the beginning of July, the Secretary of State has to submit a five year strategy to Congress for changing the governing, economic, and security structures of El Salvador, Guatemala, and Honduras.

• Economically, the priorities must include:
  • "Supporting market-based solutions to eliminate constraints to inclusive economic growth"
  • "Identifying... a role for relevant United States agencies and United States private sector in supporting efforts to increase private sector investment..."
• Security priorities must include:
  • "Implementing the Central America Regional Security Initiative"
• The strategy can be created in partnership with "civil society and the private sector in the United States, El Salvador, Guatemala, and Honduras."
• The strategy will have to be posed on the State Department's website, but it is allowed to be partially classified.

Sec. 353: By the beginning of July, President Biden has to submit a list of people who will be sanctioned for their actions in El Salvador, Guatemala, and Honduras. Sanctions will prohibit the targets from traveling to the United States. The authority to impose these sanctions will expire at the beginning of 2024.

https://www.congress.gov/116/cprt/HPRT42770/CPRT-116HPRT42770.pdf#page=

National Defense Authorization Act for Fiscal Year 2018

Bill Text

Sec. 1251: Authorized the “Indo-Asia-Pacific Stability Initiative” to “increase the presence and capabilities” of the United States Armed Forces in the region by building new infrastructure, “enhance the storage and pre-positioning in the Indo-Asia-Pacific region of equipment of the United States Forces”, and with military training and exercises with allies.

John S. McCain National Defense Authorization for Fiscal Year 2019

Bill Text

Sec. 1252:

• Amends the NDAA for 2016, which authorized the South China Sea Initiative providing military equipment and training to Indonesia, Malaysia, the Philippines, Thailand, and Vietnam, to change the name of the program to the “Indo-Pacific Maritime Security Initiative” and expands the authorization to include the Indian Ocean in addition to the South China Sea and the countries of Bangladesh and Sri Lanka.
• Adds India to the list of countries allowed to be paid for expenses, along with Brunei, Singapore, and Taiwan.
• Extends the expiration date from September 30, 2020 to December 31, 2025.

Sec. 1253:

• Changes the name of the military build-up authorized in NDAA 2018 from the “Indo-Asia-Pacific Stability Initiative” to the “Indo-Pacific Stability Initiative”.
• Changes the activities authorized to include an increase in “rotational and forward presence” of the US Armed Forces and adds the prepositioning of “munitions” in addition to equipment.
• Expands the options for funding by removing the requirement that funding come “only” from a section 1001 transfer authority.
  • Section 1001 transfer authority allows the shifting of up to $4.5 billion.
• Requires a 5 year plan be submitted to Congress by the Secretary of Defense by March 1, 2019.

Asia Reassurance Initiative Act of 2018 Outline

[Bill Text](https://www.congress.gov/115/plaws/publ409/PLAW-115publ409.pdf

Sec. 2: Findings

• The "United States-backed international system" is being challenged by:
  • China constructing islands in the South China Sea and challenging US economic interests
  • North Korea's nuclear and ballistic missile capabilities
  • ISIS
• "Without strong leadership from the United States, the international system, fundamentally rooted in the rule of law, may wither, to the detriment of the United States, regional, and global interests."

TITLE I: UNITED STATES POLICY AND DIPLOMATIC STRATEGY IN THE INDO-PACIFIC REGION

Sec. 101: Policy

• The United States policy for the region...
  • "Promotes American prosperity and economic interests by advancing economic growth and development of a rules-based Indo-Pacific economic community"

Sec. 102: Diplomatic Strategy

• We will support...
  • The Association of Southeast Asian Nations (ASEAN)
  • Asia-Pacific Economic Cooperation
  • East Asia Summit
• We want...
  • Freedom of navigation under international law
  • Expansions of security and defense cooperation with allies and partners
  • Denuclearization of North Korea
  • "To develop and grow the economy through private sector partnerships between the United States and Indo-Pacific partners"
  • To pursue trade agreements and "build a network of partners in the Indo-Pacific committed to free markets"

TITLE II - PROMOTING UNITED STATES SECURITY INTERESTS IN THE INDO-PACIFIC REGION

Sec 201: Authorization of Appropriations

• $1.5 billion per year from 2019 through 2023 ($7.5 billion total)
• The money can be used for...
  • Foreign military financing
  • Foreign military education and training
  • Counterterrorism partnership programs
  • "To encourage responsible natural resource management in partner countries, which is closely associated with economic growth"
  • Military and Coast Guard training exercises
  • Expanding cooperation with Bangladesh, Nepal, and Sri Lanka
  • "Multilateral engagements" with Japan, Australia, and India
  • Intelligence
• The goal is to counter "China's influence to undermine the international system"

Sec. 205: United States-ASEAN Strategic Partnership

• The goal of our commitment to ASEAN (Association of Southeast Asian Nations) is to "build a strong, stable politically cohesive, economically integrated, and socially responsible community of nations that has common rules, norms, procedures, and standards which are consistent with international law and the principles of a rules-based Indo-Pacific community."

Sec. 209: Commitment to Taiwan

• To enforce all existing commitments to Taiwan made by the Taiwan Relations Act of 1979 and the 3 joint communiques and the Six Assurances agreed to by President Reagan in July 1982
• The United States "should" regularly transfer weapons to Taiwan "that are tailored to meet the existing and likely future threats from the People's Republic of China."

TITLE III: PROMOTING UNITED STATES ECONOMIC INTERESTS IN THE INDO-PACIFIC REGION

Sec. 301: Findings

• By 2030, 66% of the global middle class will be living in Asia and 59% of middle class consumption will take place in Asia
• The United States has free trade agreements in effect with Australia, Singapore, and Korea The member states of ASEAN represent the fifth largest economy in the world

Sec. 302: Indo-Pacific Trade Negotiations, Multilateral Agreements, and Regional Economic Summits

• Congress supports "full implementation of the World Trade Organization's Trade Facilitation Agreement by Indo-Pacific countries"

Sec. 304: Trade Capacity Building and Trade Facilitation

• Authorizes "such sums as may be necessary" for the President to produce a trade facilitation strategy that levels the playing field for American companies competing in the Indo-Pacific region.

TITLE IV - PROMOTING UNITED STATES VALUES IN THE INDO-PACIFIC REGION

Sec. 409: Authorization of Appropriations

• Authorizes $210 million per year from 2019 through 2025 (over $1 billion total) to "promote democracy, strengthen civil society... etc" in the Indo-Pacific region. This money can be used to promote democracy and the "rule of law" inside of China.

Articles/Documents

• Article: The China-Pakistan Economic Corridor—Hard Reality Greets BRI’s Signature Initiative, By David Sacks, Council on Foreign Relations, March 30, 2021
• Article: An Alliance of Autocracies? China Wants to Lead a New World Order., By Steven Lee Myers, The New York Times, March 29, 2021
• Article: China and Russia Agree to Explore the Moon Together, By Steven Lee Myers, The New York Times, March 10, 2021
• Article: Russia, Belarus ink five-year strategic military partnership plan for first time, By Tass, March 2, 2021
• Article: The U.S. Air Force Just Admitted The F-35 Stealth Fighter Has Failed, By David Axe, Forbes, February 23, 2021
• Article: Chip Crisis Flummoxes Congress in a World Where U.S. Output Lags, By Laura Davison and Jarrell Dillard, MSN, Bloomberg, February 21, 2021
• Article: Cambodia-China Golden Dragon Military Exercise postponed, By Chea Vanyuth, Khmer Times, February 2, 2021
• Document: China’s “One Belt, One Road” Initiative: Economic Issues, By Karen M. Sutter, Andres B. Schwarzenberg, and Michael D. Sutherland, The Congressional Research Service, January 21, 2021
• Article: Defense Bill Includes Two Landmark Transparency Provisions, By Tim Stretton, POGO, January 21, 2021
• Article: NicaNotes: Unelectable coup mongers, By Fabrizio Casari, Alliance for Global Justice, January 14, 2021
• Document: Taiwan: Political and Security Issues, By Susan V. Lawrence, The Congressional Research Service, January 4, 2021
• News Release: Cambodia: Hun Sen and His Abusive Generals, Human Rights Watch, October 22, 2020
• Article: Cambodian PM Says Ream Naval Base Not Just for China, By The Defense Spot, October 7, 2020
• Article: The Real F-35 Problem We Need to Solve, By Scott Cooper, Defense One, September 29, 2020
• Article: Russia, China launch massive 'Caucasus 2020' military exercises, By Jan van der Made, Rfi, September 21, 2020
• Article: China says it will join Russian military exercises this month along with Iran, Belarus and others, By CBS News, September 10, 2020
• Document: China’s National Security Law for Hong Kong: Issues for Congress, By Susan V. Lawrence and Michael F. Martin, The Congressional Research Service, August 3, 2020
• Article: India-China border standoff turns deadly for first time in decades, By Arshad R. Zargar, CBS News, June 16, 2020
• Article: Chinese troops challenge India at multiple locations in eastern Ladakh, standoff continues, By Snehesh Alex Philip, The Print, May 24, 2020
• Article: When It Comes to Supersonic Flight, the F-35’s Wings Are Clipped, By Kyle Mizokami, Popular Mechanics, April 29, 2020
• Article: Cambodia, China kick off Golden Dragon exercise despite coronavirus, Vietnam News, March 15, 2020
• Article: Joint Cambodia-China ‘Golden Dragon’ Military Drills to Proceed, Despite Threat of Coronavirus, Reported by RFA’s Khmer Service, Translated by Sovannarith Keo, Written in English by Joshua Lipes, Radio Free Asia, March, 2020
• Press Release: Gonzalez introduces new bill to curb World Bank funding to China, Anthony Gonzalez, November 13, 2019
• Article: Deal for Naval Outpost in Cambodia Furthers China’s Quest for Military Network, By Jeremy Page, Gordon Lubold and Rob Taylor, The Wall Street Journal, July 22, 2019
• Document: Cambodia: Background and U.S. Relations, By Thomas Lum, The Congressional Research Service, January 28, 2019
• Document: Taiwan: Issues for Congress, By Susan V. Lawrence and Wayne M. Morrison, The Congressional Research Service, October 30, 2017

Additional Resources

• Hun Sen, Britannica
• Aegis Ashore Lockheed Martin

Sound Clip Sources

Hearing: Secretary Blinken: The Biden Administration’s Priorities for U.S. Foreign Policy, House Committee on Foreign Affairs, March 10, 2021

Watch on YouTube

Watch on C-SPAN

Transcript:

40:53 Antony Blinken: So on Nord Stream II, a couple of things at the outset, just to be very, very clear, President Biden thinks it's a bad idea. He said so repeatedly, I share his his view. It violates the European Union's own energy security principles. It jeopardizes the economic and strategic situation for Ukraine, for Poland as well. And so he opposes it. We oppose it will continue to do so. I've been on the job, I think, five weeks. The pipeline is 95% complete. It started construction started in 2018. So I wish we didn't find ourselves in a situation with a pipeline that's virtually complete.

1:06:17 Antony Blinken: We have to deal with the drivers of migration, to your point. And I think there is real opportunity there to do that. When President Biden was Vice President, as you may remember, he led an effort, very successful effort, a bipartisan effort with Congress to secure significantly more resources to help Guatemala, Honduras and El Salvador deal with some of these drivers, whether it came to security, whether it came to corruption, whether it came to economic opportunity, and we did this in a way that was simply not simply throwing money at the problem, but demanding concrete reforms from these countries, that actually materially improved the situation for people there and took away some of the incentives for them to come to the United States. We now have a proposal with additional resources over four years to do that, and to do that in a, I think, potentially effective way.

1:10:35 Antony Blinken: First we have in President Biden, as you know, someone who believes strongly in NATO, in the Alliance, the most successful alliance in history and something as he see that he sees as the glue that joins us to to Europe and so this is something as you know, he spent a lot of time on himself in the past and he's doing so now as well.

1:12:37 Antony Blinken: When we see democracy being challenged by China or by Russia, one of the things that they're trying to do constantly, is not just to divide us from other democracies, but of course, to divide us from ourselves, and in particular, to try to make the case that the system that we all believe in and are dedicating our lives to professionally doesn't work and that their systems are better.

1:13:09 Antony Blinken: Demonstrate together, that democracy actually delivers for our people and for other democracies. That is the single best answer and response to this effort by autocratic countries around the world to try to make the case that democracy doesn't deliver an autocracy does. So I hope we can work on that together because that's the path to success.

1:13:43 Rep. Joe Wilson (SC): The International Criminal Court has taken actions leading to the unjustified prosecution of American Israeli nationals despite neither country being a member of the court. Most recently, the ICC issued a ruling that had jurisdiction to try Israelis for alleged war crimes in Palestine. I appreciate your statement opposing the recent moves by the ICC. What are the steps the State Department are taking to counter these recent actions? And how will you work to prevent ICC prosecutions of Americans or Israelis?Antony Blinken: Thank you for the question. I appreciate it. We of course share the goal, the broad goal of accountability for international atrocity crimes. That's not the issue. In the case that you raise, as well as the attempt to assert jurisdiction over American troops in Afghanistan, we have strongly opposed those assertions of jurisdiction. It's been our view, it remains our view that jurisdiction is reserved when a state consents to it or if there's a referral by the United Nations Security Council. Neither is true in the case of of Israel and the Palestinian matter that you just mentioned, or is it true in the case of Afghanistan, we have the capacity ourselves to provide accountability when those issues arise. And so we will continue to make clear our opposition, I think the question for us, and it's an appropriate one is how can we most effectively do that and that's something that we're looking at right now.

1:15:37 Rep. Joe Wilson (SC): My youngest son served in Afghanistan. So identify as a family member of the threats of ICC what they could mean to the American people.

1:16:30 Antony Blinken: We applaud the steps that have been taken toward normalization with Israel by a number of countries including the United Arab Emirates, Bahrain, Sudan, Morocco. These are very important and we want to build on them.

1:16:50 Rep. Joe Wilson (SC): But unfortunately then we go to Nordstrom, too. And that is a Do you agree that Nord Stream II pipeline is a Russian malign influence project, if completed, that would threaten European and US security? Antony Blinken: Yes, I think as we've we were discussing a little bit earlier, we we oppose the president opposes Nordstrom, who has been clear about this for some time. So have I, and unfortunately, the pipeline is, you know, is 95% complete. But we are making clear that we, we stand against its completion. We issued an initial report and sanctioned the the leading pipeline, ship, and we continue to review other possibilities for sanctions going forward.Rep. Joe Wilson (SC): And I appreciate you actually referenced the threat to Poland. What about threat is already on with the aggression in Ukraine.Antony Blinken: There are two and this is something that I worked on a lot when I was last in, in the Obama administration. We strongly stand against Russia's attempted annexation of Crimea, we stand strongly against its aggression in the Donbass in eastern Ukraine, and we are strongly in support of Ukraine, we intend to strengthen that support, whether its security, economic, or its efforts to strengthen its own democracy, which are vitally important because one of the challenges as you know, for Ukraine is it has to face aggression from the outside from from Russia, but it also has to deal on the inside with its own challenges, including the problem of corruption. We're determined to work on all of that.Rep. Joe Wilson (SC): Another alternative would be as Azerbaijan to Bulgaria, the Black Sea with pipelines that I urge you to make every effort on that. I yield back.

2:54:30 Antony Blinken: First when it comes to the the Houthis, just to be very clear, we we see them as a bad actor that has tried to overrun Yemen, interrupted a peace, effort and led by the United Nations, committed acts of aggression against Saudi Arabia, as well as atrocities of one kind or another, in Yemen itself, and of course, have helped create an environment where we have the worst humanitarian crisis in the world right now. And that's precisely why we took the action we did in terms of lifting the designation on the entity itself. We continue to have designations against individual who the leaders, including some that we've imposed recently, but we wanted to make sure that nothing that the United States was doing, made the provision of humanitarian assistance to Yemen even more difficult than it already is. And it was our judgment, that was those designations, that designation of the group was having that effect, but we stand strongly for the proposition that we have to deal with the Houthis and also try to advance current efforts to end the war.

Hearing: The State of Democracy Around the World, Senate Committee on Foreign Relations, March 10, 2021

Watch on YouTube

Speakers:

• Madeleine K. Albright, former Secretary of State
• Paula J. Dobriansky, former Under Secretary of State for Global Affairs
• Peter Biar Ajak, National Endowment for Democracy, all of Washington, D.C.; Wai Hnin Pwint Thon, Burma Campaign UK, Geneva, Switzerland
• Nathan Law, former Hong Kong Legislative Council Member, London, United Kingdom.

Transcript:

35:54 Ambassador Paula J Dobriansky: Venezuela is a flashpoint for Chinese and Russian investment and malign influence. both nations have invested billions into Venezuela taking advantage of its economic and political weakness, its vast petroleum resources and their close relationships with a corrupt Maduro regime. Russian arms manufacturers sold $4 billion worth of weapons to Venezuela over the last 10 years, and China has invested some 67 billion in Venezuela since 2007. These instruments have propped up an illegitimate government and have undermined prospects for democracy.

37:07 Ambassador Paula J Dobriansky: Russia and China have expanded investments in Africa as well. In 2003, annual Chinese direct investment in Africa was just 75 million, but by 2009, it reached 2.7 billion. Through its One Belt One Road Initiative. China is offering fragile democracies in Africa, new rail lines, highways and other infrastructure projects. African nations are finding that these projects have left them with massive debt and a lack of control. Russia is also increasing its investments in Africa to especially its military presence. It's striving to create a Red Sea naval logistics facility in Sudan.

40:49 Madeleine Albright: And I do think that there's no question that China is our biggest problem, and that they are out there, hustling in every single way. And I have made very clear that with the Belt and Road policies that they are undertaking, the Chinese must be getting very fat because the belt keeps getting larger and larger. And some of it does have to do with the fact that we have been absent and they are filling a vacuum and so we need to make clear that we need to be back and really do need to make clear in so many ways that we are a leader in restoring and building democracy in other countries.

1:13:46 Sen. Chris Coons (DE): Senator Cornyn and I have a bipartisan bill about strengthening civics education within the United States. In recent surveys, there's as many young Americans who support and believe in socialism as believe in capitalism. There's profound doubts about democracy, particularly after the events of January 6th, and the disinformation, about the value and legitimacy of free and open societies that we've lived through. It's my hope that on a bipartisan basis, we can move a renewed investment in civics education to strengthen our own democracies, you've both spoken to.

1:48:30 Peter Biar Ajak: The United States need to send a clear message to here, there is repression of our people will no longer be tolerated, nor any further delay of elections. We should sanction perpetrators of gross human rights violations like which, while urging the African Union to urgently set up the hybrid court on South Sudan to end impunity. If Kiran doesn't hold the election on time, he's already illegitimate regime will have expired since he was never elected by our people. This will necessitate a new political paradigm to ensure a successful transition to democracy. Despite severe depression, our people made it clear in the recently concluded national dialogue that Kiran Machar must exit the political scene. I hope the United States, this committee will stand with our people.

Hearing: National Security Challenges and U.S. Military Activities in the Indo-Pacific, House Committee on Armed Services, March 10, 2021

Watch on YouTube

Speakers:

• David F. Helvey, Acting Assistant Secretary of Defense for Indo-Pacific Affairs, Department of Defense
• Admiral Philip S. Davidson, U.S. Navy, Commander, U.S. Indo-Pacific Command
• General Robert B. Abrams, U.S. Army, Commander, United Nations Command/Combined Forces Command/U.S. Forces Korea

Transcript:

31:54 Admiral Philip S. Davidson: The threat as it's developed in the western Pacific has moved in a way in which we need to have better integrated air and missile defense capability on Guam in order to defend it. What you have in place right now is fad radar, which only has 120 degree wide look at threats in the region and in fact, it's oriented on North Korea. And it's meant to defend against rogue shot of intermediate range from North Korea. We supplement that with an Aegis destroyer. As we look at the expanse of Chinese weapon systems, and their employment of air and maritime forces in the region. We need a 360 degree defense now of Guam, and must be able to meet the ballistic missile threat that can come from PRC land as well as PRC ships. But it also should meet the 360 degree threat around Guam that comes from circumnavigations of Guam by PRC naval assets, including submarines that could shoot land attack cruise missiles, for example. As well as bomber approaches, and its ability to shoot land attack cruise missiles as well. We have to be able to defend against all those threats. Aegis Ashore is a proven technology that you have today at sea and you have it ashore in Romania and Poland to help in the defense of Europe. That system would enable all the capabilities that you have today and begin to meet the threats in the future. As China develops hypersonic weapons during the course of this decade., clearly there's going to be a need to have space sensing associated with that. You're still gonna have to have an interceptor to meet the threat. In my view, that's going to rectify that by bridging Aegis Ashore with our space capability that is to come.

49:14 David F. Helvey: And the reality is that we're not asking nations to choose between the United States or China. In fact, we welcome and encourage all nations across the Indo Pacific to maintain peaceful, productive relations with all of their neighbors, China included. Framing the strategic competition that we find ourselves in with China, as a choice between us or China, or as a choice between nations is really a false choice. The choice that our allies and our partners and everyone in the region faces is between supporting the existing international order, the existing system that's free and open. It's the system that we helped to create that we've supported, and that we believe has benefited everybody in the region, including in particular, including China. And the alternative now that China is presenting, which is a closed system in a more authoritarian governance model. So it's a competition between systems, that's a choice between systems. Do you want to choose a free and open system? Or do you want to choose a closed and authoritarian one? And so we're only asking countries to do their part to uphold the international laws, rules and norms, which support their interests, which they've benefited from, and helped to provide for security and prosperity for all of us. And so that's that's the ask that we've got our allies and our partners.

57:27 Rep. Joe Courtney (CT): Admiral Davidson on page 35 of your testimony you set forth China's sort of brazen, repeated violations of the Law of the Sea treaty. And mentioned the fact that at South China Sea geographic features were renamed with, I guess, Chinese names. Can you flesh that out a little bit what that means in terms of, you know, maritime territorial claims, and the impact in terms of freedom of navigation? Admiral Philip S. Davidson: Well, the Chinese are trying to basically impose Chinese national law on the international regime that provides for the freedom of navigation and freedom of the seas. We've spoken quite a bit about the Chinese use of lawfare. This is, one of the methodologies in which they do it. It's not just the naming, or renaming of features that have had long standing names in the region. It's the redefinition of what they might be. Because, rocks, is slits, islands all have very specific navigational rights associated with them, as well as their continued militarization of the features that they built out early in the last decade. Their continued militarization is to frankly, deter not only the United States, but truly cow, all of our allies and partners in the region, and certainly the South China Sea claimants from their absolute rights to operate and those rights that they enjoy for economic resource extraction of freedom of the seas, freedom of the airways, etc.Rep. Joe Courtney (CT): Well, thank you for that answer. Because, again, as you point out, this isn't just about sort of names. It's also about sort of territorial claims and what that means to the rules based system that has been so successful over the last 75 years.

1:29:46 Rep. Scott DesJarlais (IA): Admiral Davidson What do you consider the most likely potential target of Chinese aggression or military action in the next five to 10 years? Admiral Philip S. Davidson: Given what they've said both publicly and over time, and certainly during the tenure of Chairman Xi Jinping. I would say Taiwan is the first.

Hearing: United States Indo-Pacific Command, Senate Committee on Armed Services, March 9, 2021

Transcript:

4:23 Sen. Jack Reed (RI): At his confirmation hearing Secretary Austin accurately described china as the pacing threat for the department of defense under president Xi Jinping china has moved away from greater integration with the liberal world order and instead created a style of authoritarian capitalism that it now seeks to explore throughout the region and the world additionally China seeks to co op international institutions or create parallel organization to support its strategic interest.

8:23 Sen. Roger Wicker (MS): China invested in military capabilities many americans naively assumed that China's entry into the WTO and the global integration of its economy would somehow make the Chinese communist party more friendly and open to the west. The result now is america's military advantage and the credibility of our deterrent is eroding that is why the 2021 NDAA was the toughest bill on china ever with several national security committees involved and that is specifically why this committee put the Pacific Deterrence Initiative or PDI into last year's NDAA to stop aggression from the Chinese Communist Party.

18:50 Admiral Philip S. Davidson: I think the Pacific deterrence initiative funded in FY21 for about $2.2 billion was a good first start. I recognize that the committee has put a cap of $5.5 billion on the fund going forward.

22:45 Admiral Philip S. Davidson: i'm quite encouraged by the potential power of an organization like the quad my brain in my view India Japan Australia in the United States that's a diamond of democracies that could bring so much more not only to the region but to the globe not not in terms of security alone, but in terms of how we might approach you know the global economy, critical technologies like telecommunications and 5G, collaboration on the international order, just much to be done diplomatically and economically and I have great hope that our ministerial level meetings with the clot as it's known and returned we'll build into something much bigger for the sake of the globe.

24:24 Sen. Roger Wicker (MS): With regard to the projected 2025. It shows that at that point, China will have three aircraft carriers to our one in the region. Is that correct? Admiral Philip S. Davidson: Yes, sir. Sen. Roger Wicker (MS): And then with regard to amphibious assault ships, it's projected in 2025, that we'll have six to our two. Admiral Philip S. Davidson:* Yes, sir. **Sen. Roger Wicker (MS): And then with regard to modern multi warfare, combatant ships 50 for two hours, six, is that correct? Admiral Philip S. Davidson:* Yes, sir. **Sen. Roger Wicker (MS): And what is the significance of that last figure Admiral? Admiral Philip S. Davidson: Really, the three charts work together, Senator, one to show the change in capability and capacity that the Chinese have undertaken during the course of the 21st century. And the relatively static nature of our own forward positioned forces. As I described, our effort to do a deterrence to sustain a deterrence posture and the reason it's so important on our ability to respond in time and without question, you know, is this an old novel in the 70s is to say, the importance of us presence forward is incredibly important, perfect speed is being there. And it's to show that if we don't make changes in our posture forward, that that it will demonstrate that the Chinese have much greater capacity than we have.

26:42 Admiral Philip S. Davidson: But the important factor here is time. It takes almost three weeks to respond from the west coast of the United States and 17 days to respond from Alaska to get all the way to the first island chain and to conduct operations within the second islands.

28:26 Admiral Philip S. Davidson: Certainly advocating for Aegis Ashore and Guam the mission partner environment as well as the Pentek. That the Pacific Range Improvements that I seek for our structure in Alaska, Hawaii, Guam, and so forth.

35:43 Sen. Deb Fisher (NE): Last year, the strategic forces subcommittee authorized and additional $77 million to begin fielding a persistent air and missile defense system on Guam. Unfortunately, this funding was removed in conference and replaced with language requiring the department to study the issue. Can you walk us through the need for this system?

38:24 Admiral Philip S. Davidson: In partnership with the Missile Defense Agency we believe that the aegis assures system as is being put to sea right now and has been constructed previously in Romania and Poland delivers the kind of capabilities that would meet the threat that's excellent here by mid decade and we'll help us pace the threat into the future.

1:03:35 Admiral Philip S. Davidson: I worry that they're accelerating their ambitions to supplant the United States and our leadership role in the rules based international order which they've long said that they want to do that by 2050, I'm worried about them moving that target closer. Taiwan is clearly one of their ambitions before then and i think the threat is manifest during this decade in fact in the next six years.

1:05:58 Sen. Maizie Hirono (HI): I noticed that you significantly increased the requested amount from last year's PDI report to this year's report to strengthen our allies and partners over the next five years in the region from over $300 million to about $2.8 billion, can you discuss your rationale for the significant increase and what that additional funding is intended to do or where will it go?Admiral Philip S. Davidson: Well you hope you highlighted the key aspects ma'am it's to enhance and make improvements in our joint exercise program and that's principally because not only the united states but our key allies and partners Japan, Korea, Australia is just three examples are buying important capabilities that match ours integrated air missile defense for example fifth generation fighters like the F35 they're being actually delivered in the theater we've got to advance our exercise capabilities or excuse me our exercise program in a way that allows us to exercise those capabilities deliberately.

1:34:07 Sen. Tim Scott (SC): My first question is about Taiwan. I think you agree that it we've got to prevent Communist China from Controlling taiwan is a strategic necessity for the united states and the loss would devastate our ability and and the ability of japan to counter china's aggression does you agree with that and rightAdmiral Philip S. Davidson: As a combatant commander out there in the Indo-Pacific I have an obligation to you know support the Taiwan Relations Act and and in a geostrategic sense i think it's critically important to the united states global status, yes.

1:44:04 Admiral Philip S. Davidson: The Aegis Ashore is a system that's in fact already been developed we we have built and are employing one actually already in Romania and there's one building and imminently operational in Poland as well and it's to help nato with the defense of Europe it is essentially a radar the command and control the information technology communications conductivity and the interceptors missiles that are capable of defeating ballistic missile cruise missile threats in and around today you know an aegis ashore system on Guam fixed site on Guam would enable 360 degree defense of Guam from any military attacks from china whether they come by sea by air or by ballistic missile in the future it is technology that is available today we've built it ashore we've built it at sea and it's our you know it's our number one priority for funding in Guam.

2:13:13 Sen. Mark Kelly (NJ): You know a couple of questions here about command and control, communications. And we rely heavily on satellites to do that. And in in January of 2007, China conducted an anti anti satellite test against one of their own non operational weather satellites, with a kinetic Kill vehicle. And it's been reported that in the year since China has an operational capability that can attack satellites in low Earth orbit and that they're developing the capability that goes all the way out to geosynchronous orbit. So how does this affect the strategic balance of power in the region from your perspective?Admiral Philip S. Davidson: Thanks for that, Senator. Yes, both China and Russia have demonstrated capability to disrupt satellites, testing capabilities on their own assets in the past, as you've articulated, it clearly, I think demonstrates that space which we've long considered a domain and which would be unthreatened for the United States. The potential is there actually, for it to be threatened. We have to build resiliency into our space apparatus that happens with other space assets. It happens with creating airborne and other terrestrial alternatives to fulfill that. And it changes the calculus in space as well. We have to recognize that again, this goes back to some earlier comments I made about to turn theory we were not going to be able to play defense alone, in this particular regard. If we can't demonstrate to others, that their capabilities and space might be at risk, then, you know, we run the risk of a deterrence failure. That's that the space layer is critically important to how we sense in the strategic nuclear deterrent, how we communicate across the Joint Force, and even how we sense and distribute information to the conventional forces as well. Its resiliency is incredibly important to us.

Hearing: Global Security Challenges and Strategy, Senate Committee on Armed Services, March 2, 2021

Speakers:

• Thomas Wright, The Brookings Institution
• Lieutenant General H.R. McMaster, USA (Ret.), former United States National Security Advisor, Stanford University Hoover Institution, both of Washington, D.C.

Transcript:

Lieutenant General H.R. McMaster: The most significant flashpoint now that that could lead to a large scale war is Taiwan. And I think that has to do with really Xi Jinping's belief that he has a fleeting window of opportunity that's closing. And he wants to his view, make China whole again, you see this with the extension of the party's repressive arm into Hong Kong. And this horrible genocidal campaign in Shinjang, Taiwan is the next big prize. And so I think what we have to be able to do is have four position capable forces. Because what Xi Jinping wants to do with what would be the largest land grabs, so to speak in history, if he succeeds in the South China Sea, is to weaponize the South China Sea and just make it too difficult for us to be able to employ forces inside of that inner island chain. So you know, if you have four position forces there, that automatically transforms denied space with China with the PLA, The People's Liberation Army when it comes to deny space.

Twitter Update: Ned Price rattle off a regime change rant revamping Trump's policy on Venezuela, Anya Parampil February 3, 2021

Hearing: Secretary of State Confirmation Hearing, Senate Committee on Foreign Relations, January 19, 2021

Watch on C-SPAN

Transcript:

24:50 Sen. Jim Risch (OH): After our conversations earlier today and after hearing our opening statements, Senator Menendez's input net regard, as you can see here and a whole lot of daylight between us on most of these issues, certainly, almost none whatsoever when it comes to objectives, strategy and how to get there.

34:06 Antony Blinken: Both the President Elect and I believe that we have to restore Congress's traditional role as a partner in our foreign policy making, in recent years, across administration's of both parties, Congress's voice and foreign policy has been diluted and diminished. That doesn't make the executive branch stronger. It makes our country weaker. President Elect Biden believes and I share his conviction that no foreign policy can be sustained without the informed consent of the American people. You are the representatives of the American people. You provide that advice and consent.

39:20 Antony Blinken: First President Elect Biden is committed to the proposition that Iran will not acquire a nuclear weapon. And we share I know that goal across this committee. An Iran with a nuclear weapon, or on the threshold of having one with the capacity to build one on short order would be in Iran that is even more dangerous than it already is, when it comes to all of the other malicious activities that's engaged in, whether it is support for terrorism, whether it is fueling and feeding it's proxies, whether it is destabilizing the region. An Iran with a nuclear weapon, or with a threshold capacity to build one is in Iran that would act potentially with even greater impunity than it already is. So I think we have an urgent responsibility to do whatever we can to prevent Iran from acquiring or getting a weapon or getting close to the capacity to having the fissile material to break out on short notice. In my judgment, the JCPOA, for whatever its limitations, was succeeding on its own terms in blocking Iran's pathways to producing fissile material for a nuclear weapon on short order. It also featured and a feature that continues the most intrusive inspections and monitoring regime in the history of arms control. The challenge we face now is that we pulled out of the agreement, Iran is now taking steps to undo the various constraints that were imposed on it by the agreement. And so it has increased his stockpile of low enriched uranium, it is now enriching at a higher level. It is deploying centrifuges in ways that were prohibited under the agreement. The result is based on public reporting. The breakout time, the time it would take Iran to produce enough fissile material for one weapon has gone from beyond a year as it was under the JCPOA to about three or four months based at least on public reporting. And that potentially brings us right back to the crisis point that we were reaching before the deal was negotiated. And so the President Elect believes that if Iran comes back into compliance, we would too. But we would use that as a platform with our allies and partners who would once again be on the same side with us to seek a longer and stronger agreement. And also, as you and the chairman have rightly pointed out, to capture these other issues, particularly with regard to missiles and Iran's destabilizing activities. That would be the objective.

53:46 Sen. Ron Johnson (WI): Okay, one of the things that Congress did unanimously is we approved $300 million of lethal defensive weaponry for Ukraine. The Obama administration never implemented, the Trump administration did. Do you still disagree with providing that lethal defensive weaponry or do you think and, over time now, that's been proven to be the correct decision by Congress and the Trump administration? Antony Blinken: Senator, I support providing that lethal defensive assistance to Ukraine. In fact, I had the opportunity to write exactly that in the New York Times about three years ago.

1:14:09 Antony Blinken: There's been a strong and long bipartisan commitment to Taiwan. Taiwan Relations Act, also that communicates with China, and part of that commitment is making sure that Taiwan has the ability to defend itself against aggression. And that is a commitment that will absolutely endure. In a Biden administration, we will make sure that Taiwan has the ability to do that. I would also like to see Taiwan playing a greater role around the world, including in international organizations. When those organizations don't require the status of a country to be a member, they should become members. When it does, there are other ways that they can participate.

1:35:15 Sen. Marco Rubio (FL): Is it your view that our stance towards Venezuela should change in essence, that we should no longer recognize Juan Guido and an intern in negotiations with Maduro? Antony Blinken: No, it does not. I very much agree with you, Senator, first of all, with regard to a number of the steps that were taken toward Venezuela in recent years, including recognizing Mr. Guido, recognizing the National Assembly as the only democratically elected institution in Venezuela, seeking to increase pressure on the regime, led by a brutal dictator in Maduro.

1:46:21 Antony Blinken: First senator, we need to be clear eyed about the Houthis. They overthrew a government in Yemen. They engaged in a path of aggression through the country. They directed aggression toward Saudi Arabia, they've committed atrocities and human rights abuses. And that is a fact. What's also a fact though is that the the Saudi led campaign in Yemen, pushback against the Houthi aggression, has contributed to what is by most accounts, the worst humanitarian situation that we face, anywhere in the world. And one aspect of that situation is that about 80% of the Yemeni population right now is in areas controlled by the Houthis. And whether we like it or not, we have to find ways to get assistance to them, if we're going to do anything about addressing this situation. And so my concern, deep concern about the the designation that was made is that, at least on its surface, it seems to achieve nothing particularly practical in advancing the efforts against the Houthis. And to bring them back to the negotiating table, while making it even more difficult than it already is to provide humanitarian assistance to people who desperately need it. So I think we would propose to review that immediately, to make sure that what we are doing is not impeding the provision of humanitarian assistance, even under these difficult circumstances, I recognize that some have talked about carve outs for American providers of humanitarian assistance. The problem there is that if the carve outs don't apply to everyone around the world, it's not going to get the job done, because most of the humanitarian assistance provided to Yemen is not coming from the United States. It's coming from other countries. So I think we've got a very specific and concrete problem that we need to address very quickly, if we're going to make sure we're doing everything we can to alleviate the suffering of people in Yemen.

2:09:10 Antony Blinken: President Elect has made clear that we will end our support for the military campaign led by Saudi Arabia in Yemen.

2:46:30 Sen. Rand Paul (KY): You've advocated for expanding NATO, do you still support putting Georgia in NATO? Antony Blinken: If a country like Georgia is able to meet the requirements of membership, and if it could contribute to our collective security? Yes, the door should remain open. Sen. Rand Paul (KY): So if you're successful, then we'd be at war with Russia. Now, Antony Blinken: I actually think just the opposite. I think that, Senator with regard to NATO membership, there's a very good reason that Russia has proved aggressive against countries that are not actually in NATO, and under the umbrella and it is reason why I chose not to attack Sen. Rand Paul (KY): This would be adding Georgia that's occupied to NATO, under Article five, then we would go to war. Antony Blinken: Well, I think we've seen again, in the past that countries that have joined NATO have not been the same target of Russia, that we've seen. Sen. Rand Paul (KY): We were talking about 20 years ago, we might have a valid argument now Russia occupies Georgia Russia occupies, or proxy troops occupy part of Ukraine. So I think adding either of them to NATO Not only is provocative, but you'd have to, you'd have to think what comes next. I mean, if we're obligated to defend our NATO allies, I mean, basically would be voting for war.

3:42:48 Sen. Cory Booker (NJ): I think we see what's beginning to look like a civil war in Ethiopia. I think the the grand Ethiopian Renaissance dam conflict is growing and could potentially boil over the Sudan and Ethiopia have growing attention and growing conflicts. As you know, the Horn of Africa is of extraordinary importance. We have seen humanitarian disasters there before, of staggering human toil. We also have one of the more important shipping lanes where about 10% of all global cargo goes by, you use the words with him that you want to have diplomatic active engagement, what does that mean? Antony Blinken: Well, in the first instance, it means actually showing up at the at the right levels to use what diplomatic weight we have, with the government, with leadership in, in Ethiopia in the first instance. And there are a number of things that I think at the very least, would need to be done on short order.

3:53:11 Antony Blinken: First of all, President Elect strongly agrees with you that Nord Stream two is a bad idea and he's been very clear about that.

Cover Art

Design by Only Child Imaginations

Music Presented in This Episode

Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)

We are in the process of regime changing Belarus. In this episode, I prove it.

Executive Producer: Nich Secord

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Bills

Omnibus 2021 Outline

Bill Text

DIVISION FF - OTHER MATTERS

TITLE III - FOREIGN RELATIONS AND DEPARTMENT OF STATE PROVISIONS

SUBTITLE C - Support for Human Rights in Belarus

Belarus Democracy, Human Rights, and Sovereignty Act of 2020

Sec. 322: Findings

• "Alyaksandr Lukashenka has ruled Belarus as an undemocratic dictatorship since the first presidential election in Belarus in 1994."
• "Subsequent presidential election in Belarus have been neither free nor fair..."
• In response to the 2006 presidential election, "Congress passed the Belarus Democracy Reauthorization Act of 2006"
• 2006: President George W. Bush issued Executive Order 13405 which authorized sanctions
• 2011: Senate Resolution 105 condemned the December 2010 elections in Belarus as illegitimate
• Repeatedly says, "The Government of Belarus, led illegally by Alyaksandr Lukashenka..."
• Accuses the government of conducting flawed elections, retribution against protestors, the suppression of the media, "a systematic campaign of harassment, repression, and closure of nongovernmental organizations", and pursuit of policies that make Belarus "subservient" to Russia by integrating into a "so called 'Union State' that is under the control of Russia".
• Accuses the government of arresting journalists, activists, and "3 leading presidential candidates" ahead of the August 2020 election.
• Accuses the government of conducting a fraudulent election on August 9, 2020, which reelected Alyaksandr Lukashenka and says the United States, the European Union, the United Kingdom, and Canada refuse to recognize Alyaksandr Lukashenka as the legitimate President of Belarus.
• The opposition candidate, Sviatlana Tsikhaouskaya fled to Lithuania in the days following the election, and from Lithuania, she "announced the formation of a Coordination Council to oversee... a peaceful transition of power..."
• The government of Belarus is accused of arresting journalists, including six who report for Radio Free Europe/Radio Liberty
• Alyaksandr Lukashenka has requested security assistance from Russia, which Russia has promised to provide

Sec. 323: Statement of Policy

• "To continue rejecting the invalid results of the fraudulent August 9, 2020 presidential election in Belarus..."
• "To continue supporting calls for new presidential and parliamentary elections..."
• "To refuse to recognize Alyaksandr Lukashenka as the legitimately elected leader of Belarus"
• "To not recognize any incorporation of Belarus into a 'Union State' with Russia..."
• "To continue calling for the fulfillment by the Government of Belarus of Belarus's freely undertaken obligations as an OSCE (Organization for Security and Co-operation in Europe) participating state and as a signatory of the Charter of the United Nations"
• "To recognize the Coordination Council as a legitimate institution to participate in a dialogue on a peaceful transition of power."
• "To impose targeted sanctions, in coordination with the European Union and other international partners..."

Sec. 324: Assistance to Promote Democracy, Civil Society, and Sovereignty in Belarus

• Authorizes "Belarusian groups outside of Belarus" to receive assistance
• Authorizes assistance to be used for "enhancing the development of the private section, particularly the information technology sector, and its role in the economy of Belarus, including by increasing the capacity of private sector actors..."
• Authorizes "such sums as may be necessary" for fiscal years 2021 and 2022.

Sec. 325: International Broadcasting, Internet Freedom, and Access to Information in Belarus

• Gives the Biden administration's State Department 120 days to submit a strategy, with a cost estimate, for expanding radio, television, live stream, and social network broadcasting and communications in Belarus to provide news and information, to develop and deploy circumvention technologies to allow people in Belarus to communicate on the internet without interference from the government of Belarus, to monitor the cooperation between Belarus and other countries in regards to internet monitoring or censorship capabilities, and "build the capacity of civil society, media, and other nongovernmental organizations and organizations to identify, track, and counter disinformation."
• Part of this report can be classified

Sec. 326: Sanctions Against the Government of Belarus

• Allows sanctions to be applied to "a member of any branch of the security or law enforcement services of Belarus...", or is "an official in the so-called 'Union State' between Russia and Belarus (regardless of nationality of the individual) and their family members.

Articles/Documents

• Article: Institutional interest in bitcoin sets the latest bull run apart from 2017's retail-driven surge, Goldman's digital asset chief says, By Emily Graffeo, Business Insider, March 9, 2021
• Article: The European Deterrence Initiative, By Candela FERNANDEZ GIL-DELGADO, Legal Researcher at Finabel – European Army Interoperability Centre, March 4, 2021
• Article: Atlantic Council urges Biden to enforce regime change in Belarus, By Paul Antonopoulos, Aletho News, February 18, 2021
• Press Release: Nominations Sent to the Senate, The White House, February 13, 2021
• Article: Joe Biden’s Pick of Victoria Nuland Means Relations with Russia Could Get Worse, By Mark Episkopos, The National Interest, January 15, 2021
• Article: Opinion: How Biden can undo damage to U.S.-backed news outlets that counter authoritarian propaganda, By Gregory Feifer, Slate, December 18, 2020
• Article: Belarus Will Be an Early Challenge for Biden, By Jamie Fly, The Washington Post, December 24, 2020
• Article: U.S. Senate Unanimously Approves Julie Fisher As New Ambassador To Minsk, BelarusFeed, December 17, 2020
• Article: Opinion: The people of Belarus are still marching against dictatorship. The U.S. can help., By Svetlana Tikhanovskaya, The Washington Post, December 4, 2020
• Statement: BELARUS – STATEMENT BY VICE PRESIDENT JOE BIDEN, Joe Biden, October 27, 2020
• Statement: Public Companies Have Invested Billions in Bitcoin This Year, By Martin Young, CryptoPotato, October 14, 2020
• Press Release: Treasury Sanctions Belarus Officials for Undermining Democracy, U.S. Department of the Treasury, October 2, 2020
• Press Release: House Members Introduce Belarus Democracy and Human Rights Act, U.S. House of Representatives Committee on Foreign Affairs, October 1, 2020
• Article: What Exactly Is The Coordination Council And What Are Its Plans To Oust Belarus’s Leader?, By Tony Wesolowsky, RadioFreeEurope, RadioLiberty, August 25, 2020
• Document: Belarus: An Overview, By Cory Welt, Congressional Research Service, August 24, 2020
• Article: The U.S. Was Set to Send an Ambassador to Belarus. Then Came the Crackdown., Robbie Gramer and Amy Mackinnon, Foreign Policy, August 12, 2020
• Document: EUROPEAN DETERRENCE INITIATIVE, Office of the Under Secretary of Defense, February 2020
• Article: The Union State of Russia and Belarus: Searching for a Development Vector, By Sergey Rekeda, moderndiplomacy, December 20, 2019
• Article: Why economic reforms in Belarus are now more urgent than ever, By Alex Kremer, World Bank Blogs, June 26, 2019
• Article: Yeltsin Shelled Russian Parliament 25 Years Ago, U.S. Praised “Superb Handling”, By Svetlana Savranskaya and Tom Blanton, National Security Archive, October 4, 2018
• Document: Belarus: Background and U.S. Policy Concerns, By Steven Woehrel, Specialist in European Affairs, Congressional Research Service, February 12, 2013
• Statement: Statement on the Belarus Democracy Act of 2004, George W. Bush, Office of the Press Secretary, October 20, 2004
• Document: Russia’s Economic and Political Transition: U.S. Assistance and Issues for Congress, By Curt Tarnoff, Specialist in Foreign Affairs, Congressional Research Service, May 5, 1999
• Article: 1991: Hardliners stage coup against Gorbachev, BBC, August 19, 1991

Books

• The Shock Doctrine, Naomi Klein, September 2007

Additional Resources

• FY 2020 European Deterrence Initiative (EDI) Fact Sheet, U.S. European Command Public Affairs Office
• Coordination Council
• Leadership History: Since 1961 Atlantic Council
• Board of Directors, International Republican Institute
• Profile: Joanna Rohozinska, LinkedIn

Visual References

Sound Clip Sources

Meeting: Biden and Belarus: A strategy for the new administration, Atlantic Council, January 27, 2021

Authors Dr. Anders Åslund, senior fellow at the Atlantic Council’s Eurasia Center, Melinda Haring, deputy director at the Atlantic Council’s Eurasia Center, Ambassador John Herbst, director of the Atlantic Council’s Eurasia Center, and Ambassador Alexander Vershbow, distinguished fellow at the Atlantic Council’s Scowcroft Center for Strategy and Security, join to present their key findings and ideas for the Biden administration. They are joined by Valery Kovaleuski, an adviser to Sviatlana Tsikhanouskaya, to discuss the report. The event will be moderated by Eurasia Center Nonresident Fellow and Tsikhanouskaya adviser Hanna Liubakova.

Watch on Youtube

Speakers:

• Melinda Haring
  • Deputy Director of the Atlantic Council’s
  • Eurasia Center
  • Eurasia Foundation
  • Freedom House
  • National Democratic Institute
  • Council on Foreign Relations
• John Herbst
  • Director of the Eurasia Center at the Atlantic Council
  • 2003-2006: US Ambassador to Ukraine
  • 2000-2003: US Ambassador to Uzbekistan - played a critical role in the establishment of an American base to help conduct Operation Enduring Freedom in Afghanistan
  • Former Principal Deputy to the Ambassador at Large for the New Independent States
• Dr. Anders Åslund
  • Senior fellow at the Eurasia Center at the Atlantic Council
  • Chairman of the Scientific Council of the Bank of Finland Institute for Economies in Transition
  • Former Director of the Russian and Eurasian Program at the Carnegie Endowment for International Peace
• Valery Kovaleuski
  • Adviser to Sviatlana Tsikhanouskaya

Transcript:

9:40 Melinda Haring: The problem, though, is that there's all kinds of limitations on moving money into Belarun. It's A, it's a security state, B, we have COVID. And people can't move in and out of the country very easily. So this has to be handled sensitively. The folks that I'm talking to say that cryptocurrencies are the way to do it, but there's a bigger problem. The US government is not very good at moving money. They are tied up in all kinds of reporting requirements. The European Union has the same issues. But we need to be more creative. If we don't think with some new creative energy. This protest movement is going to fizzle out. So it's time to go back to the drawing boards and talk to people who are good at moving money and make it happen now.

14:40 Dr. Anders Åslund: Lukashenko today has only reserves for about one month of imports normally said it should be for three months. And he has a$3 billion of cash he needs $6 billion more to carry, to cover this year. And traditionally there are two sources to get that. One is from the IMF and back is not available because the IMF is not prepared to deal with Lukashenko because he is normally cheating them. And they know that. And the other source is Russia. Putin declared when Lukashenko came to his knees to Putin in Sochi on the 14th of September, but he's ready to give one and a half billion dollars as loans. But, Lukashenko needs much more, and well to Putin hinted at it is that Russian private money can come in and buy the big companies, and the Belarusian economy is quite concentrated to a few big companies. So there are four big companies: two fertilizer plants and two oil refineries that account for two thirds of the Belarus's exports to the west. And then where do they get the raw material from? All the oil comes from Russia, and the gas for one of the fertilizer plants come from Russia. So the natural thing is that the Russian private businessmen by these Belarusian companies, we have seen it before. It has happened with gas assets in Belarus and half of one of the refineries is already bought by Russian companies. But where does the money come from? It comes from Russian state banks. So what Putin is essentially saying it is a couple of my most loyal oligarchs are allowed to get billions of dollars of Russian state bank financing in order to buy Belarusian companies cheaply, and that would completely tie up the Belarusian economy and this is what we have to avoid.

18:07 Valery Kovaleuski: Biden has expressed a lot of interest in the situation in Belarus, he showed himself as fairly well informed about the events in those. And he was very vocal in kind of demanding the action and kind of defining the policy of the United States government. At this stage, I think the most important than the sort of doses are waiting for very specific steps that will be tangible, and that will be impactful. And number one is fast reintroduction of economic sanctions. And you might know that the United States have has imposed the sanctions since long, but they were suspended when Russia invaded Ukraine and the United States and European Union decided to engage with those and normalize relations. And that was one of the steps that they made. They introduced the waiver to the sanctions and now they are in the the suspension state. The other one would be to continue not recognizing Lukashenka's legitimacy as he is not legitimate ruler of Belarus at the moment. Very important would be to start implementation of the those Democracy Human Rights and Sovereignty Act that was adopted just last year, and actually it was, it was adopted in a very kind of fast, fast pace in just three months since in introduction in the house. But the whole Act has as a kind of arsenal of tools and mechanisms to to influence the situation that was to influence, the behavior of Lukashenka.

21:46 John Herbst: The first is to promote the legitimacy of the opposition in Ms. Tsikhanouskaya and the delegitimization of Lukashenko. So, for example, our ambassador when she goes out, Julie Fisher, a wonderful diplomat, should not present credentials to Lukashenko, she should be spending most of our time in Vilnius near Ms. Tsikhanouskaya to wish to organize the US government to manage this crisis. So we should have a senior coordinator to manage sanctions against Lukashenko regime, and maybe against appropriate Russians, and also should have a senior official designated to manage assistance to the opposition and to the people of Belarus. And finally, this this combines both organization and resources, we should double the budget of RFP and RL. So we can get out our message to the people of Belarus. The third category is to increase specific support to the opposition. So for example, Melinda already mentioned the need to get resources to the opposition using cryptocurrency, we should also push to give legitimacy to the opposition. The fourth, the next element is to keep Russia out of the conflict. I mean, they're already in. We've seen what they've done by sending media experts, for example. But this this involves I say, a series of measures that have to be conducted simultaneously. One, we don't want to frighten Russians into thinking that Belarus is is now going to become part of the West. So we would encourage the opposition not to talk about NATO not to talk about the EU talk simply about the need for Belarus to choose its own president to work with the EU should be in dialogue with Moscow about the crisis in Belarus. But three, we should send a very clear signal to Moscow that if they intervene with their repressive opperatives, whether with their secret police, with their regular police with their military, to repress the people of Belarus, or to prop up Lukashenko or Lukashenko-like alternative, there will be serious sanctions against the Russian economy against Russian officials.

43:09 Melinda Haring: I think that Ukraine can definitely play a role here. And you know, there's a lot of Belarusians who are in Ukraine. One of the more interesting things I found in in my section of the report, I focused on the domestic picture, is where Belarusians have gone since August, so Belarusians have gone to give, they've got to Riga, they've got to Vilnius and they've gone to Warsaw. And they're creating massive civil society organizations that are helping people who had to leave quickly. And many of the people in Kiev are students so you can help students, you can, you can send a pizza, you can provide a house for them. You can do very basic things.

55:09 Dr. Anders Åslund: The aim of the sanctions is to put sufficient pressure on a bilateral so that Lukashenko has to go. This is a really a regime change group of sanctions.

Meeting: A conversation with Belarusian opposition leader Sviatlana Tsikhanouskaya, Atlantic Council, December 7, 2020

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Speakers:

• Damon Wilson
  • Executive VP of the Atlantic Council
  • 2007-2009: Special Assistant to the President and Senior Director for European Affairs at the National Security Council
  • Former Executive Secretary and Chief of Staff at US Embassy in Baghdad, Iraq
  • 2004-2006: Director for Central, Eastern, and Northern European Affairs at the National Security Council
  • 2001-2004: Deputy Director in the Private Office of NATO Secretary General Lord Robertson - Played a lead role on the Alliance’s response to 9/11 and its operations in Afghanistan and the Western Balkans
• Melinda Haring
  • Deputy Director of the Atlantic Council’s
  • Eurasia Center
  • Eurasia Foundation
  • Freedom House
  • National Democratic Institute
  • Council on Foreign Relations
• Sviatlana Tsikhanouskaya

Transcript:

1:37 Damon Wilson: After her husband was jailed by Belarusian dictator Alexander Lukashenka, while running for President, Svetlana stepped in. Running a historic campaign for change. Much of the world recognizes that she overwhelmingly won the August 9th election, but Tsikhanouskaya was forced to flee the country after the regime threatened her family. The people of Belarus have protested for months demanding that Lukashenka resign, they are the true source of legitimacy. Tsikhanouskaya and the coordination Council for the transition of power which she leads from Vilnius, Lithuania, is recognized by the European Union and many others as the true voice of the Belarusian people.

5:42 Melinda Haring: How can the people of Belarus change the dynamic on the ground and force out Lukashenka?

8:07 Sviatlana Tsikhanouskaya: We are asking the west to act faster. In my opinion, Western countries should demand new and fair elections and release of all political prisoners. Belarus democracy Act would serve as timely and extremely helpful step from the head of the US government in support of their brave people.

19:57 Melinda Haring: Look, I wanted to tell our audience if they haven't had a chance to get a copy of The Washington Post. Ms. Tsikhanouskaya has a piece in it this weekend. It's called 'The people of Belarus are Still Marching, Help Us.' And she writes very passionately about the need to pass the Belarus Democracy, Human Rights and Sovereignty Act of 2020. There's two weeks left to pass this act before Congress is out. Ms. Tsikhanouskaya what's in it and why is it important? Sviatlana Tsikhanouskaya: The proceeds the bipartisan support received in favor of this act. We hope that this draft bill becomes law as soon as possible, as it would inspire the US to act decisively and urgently to support Belarus. Belarusian peaceful protest is a turning point. People struggle, people suffer. People struggle everyday with great dedication, yet there is a need of support on behalf of the international community. And when the new democracy act becomes low, it would send a strong signal to the Belarusian regime and the rest of the world on non recognition of Lukashenka's legitimacy, call for new presidential elections and oversee standards and demand the release of all political prisoners. You know, in our opinion, the Act would allow prompt US assistance to the civil society, media and urgent actions such as counter internet blockages in Belarus.

Meeting: Backing Batka: Russia's strategic economic integration with Belarus, Atlantic Council, November 6, 2020

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Speakers:

• Host: John Herbst
  • Director of the Eurasia Center at the Atlantic Council
  • 2003-2006: US Ambassador to Ukraine
  • 2000-2003: US Ambassador to Uzbekistan played a critical role in the establishment of an American base to help conduct Operation Enduring Freedom in Afghanistan
  • Former Principal Deputy to the Ambassador at Large for the New Independent States
• Dr. Katerina Bornukova, academic director of the BEROC Economic Research Center
• Professor Vladislav Inozemtsev
  • Senior associate at the Center for Strategic and International Studies
• Dirk Schuebel Ambassador of the European Union to Belarus
• Dr. Anders Åslund
  • Senior fellow at the Eurasia Center at the Atlantic Council
  • Chairman of the Scientific Council of the Bank of Finland Institute for Economies in Transition
  • Former Director of the Russian and Eurasian Program at the Carnegie Endowment for International Peace

5:58 Dirk Schuebel: The pro-democracy movement and Belarus now faces the difficult prospect of dislodging Mr. Lukashenko, the unrecognized President who refuses to leave office.

6:47 Dr. Katerina Bornukova: So, if we take a look at the recent economic growth, over the last 10 years, we will see stagnation, average growth rate was around 1.7% only, which is too low for a developing economy, which needs to catch up. And the reason for this is structural problems, lack of reforms and privatization. As a result, we have a very large state owned sector, which is inefficient and which has accumulated a lot of debt, and this debt was slowly transferred to the government. So, which means that, well, right now, over the years, Belarus has also accumulated public debt. And right now that that is up to 35% of GDP. It's not relatively large, but it's quite difficult to serve because the majority of this debt is nominated in foreign currencies and that means that the liquidity and currency is always a problem with Belarus, and it often turns to Russia to solve this problem. So right now 50% of the debt is held by Russia or Russia associated funds.

10:45 Professor Vladislav Inozemtsev: Even if the government in Belarus changes, Russia will not...it cannot decouple from better because there are a lot of links, which tightens the two countries. First of all, Belarus is a part of the so called union state with Russia existing from like 99. It's a part of the Eurasian Economic Union. And in this case, Russia can allow to lose Belarus. There is a huge difference between Belarus and Ukraine for example, in this case, because Ukraine never was a part of any Russian led organizations but Belarus is.

13:49 Professor Vladislav Inozemtsev: The difference between Ukraine for example and Belarus is that Belarusian economy is state owned, it is not controlled by the oligarchy groups as it is in Ukraine. So therefore, for participating in this privatization for getting this shares or stakes in Belarus enterprise, the Russian private companies should be allowed to do so. So, therefore, there were several moves from the Russian side from the Russian private companies in direction of somehow changing the situation and to being allowed to jump in.

24:40 Dr. Anders Åslund: More money must come. And as we have discussed, all of us, this essentially has to come from the private sector. Ideally, this would be an IMF program, but the IMF is not ready to go for any program way of Lukashenko. They haven't had anything since 2009. Because Lukashenko refuses to do the elementary thing, stop subsidies to state enterprises and deregulated certain prices. So this is out of question.

Hearing: Markup Hearing including Belarus bill, U.S. House Committee on Foreign Affairs, October 1, 2020

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Transcript:

1:18:30 Rep. Chris Smith (NJ): Mr. Chairman, I would like to thank you as well for bringing the Belarus Democracy Human Rights and Sovereignty Act of 2020. And thank you to Ranking Member McCall for his leadership on this Chairman Keating and Mr. Kissinger for their leadership as well. And Marcy Kaptur, who is also one of the co sponsors originals of this bill.

1:20:15 Rep. Chris Smith (NJ): We are now approaching almost two months since the fraudulent poll. And the people of Belarus despite the brutal crackdown, are still organizing rallies of 100,000 people or more demanding that Lukashenko leave power, and lead Belarus to the people to whom it belongs. I would note to my colleagues that according to the UN Special Rapporteur, more than 10,000 peaceful protesters have been detained as of September 18. And they need our help. Recent reports indicate that the police are using now, today increasingly violent tactics against these peaceful demonstrators. We do have a window of opportunity, and we need to seize it with everything that we have. As my colleagues know, the leading opposition presidential candidate, Sviatlana Tsikhanouskaya, who won the election by most accounts. Of course, there's not access to the ballots, but it seems clear that she won the election formed the coordination Council. Svetlana is an incredibly brave woman. She ran a brilliant campaign. But today she has an exile in Lithuania, where she continues to rally the Belarusian people and the world. I want to thank Mr. Keating for putting together that WebEx a few weeks ago with her and some of the coordination leaders from the council. We all saw a new and a fresh, just how important it is that we stand behind her. And behind all of the people of Belarus who have aspirations for free and fair elections and for democracy.

1:21:50 Rep. Chris Smith (NJ): This bill today updates the Belarus Democracy Acts of 2004, 2006, and 2011 that I authored, and renews the personal economic and visa sanctions on an expanded list of bad actors in the Belarusian government. And, this is new, Russian individuals complicit in the crackdown. It calls for new elections, it recognizes the coordination council as a legitimate institution to participate in a dialogue on a peaceful transition of power.

1:23:15 Rep. Chris Smith (NJ): So I just want to thank my colleagues. It's a totally bipartisan bill. I want to thank Katie Earle for her work on the bill. I want to thank Jackie Ramos, Pierre Tosi, Patrick, the Doug Anderson, there are just many who have worked together fast, quickly and effectively, and members to put together this bipartisan legislation.

Hearing: Protecting Democracy During COVID–19 in Europe and Eurasia and the Democratic Awakening in Belarus, Committee on Foreign Affairs: Subcommittee on Europe, Eurasia, Energy, and the Environment, September 10, 2020

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Witnesses:

• Douglas Rutzen
  • President and CEO of the International Center for Not-for-Profit Law
  • Professor at Georgetown University Law Center
  • Advisory Board member of the United Nations Democracy Fund
• Therese Pearce Laanela
  • Head of Electoral Processes at the International Institute for Democracy and Electoral Assistance
• Joanna Rohozinska
  • Resident Program Director for Europe at the Beacon Project at the International Republican Institute
  • Senior program officer for Europe at the National Endowment for Democracy at least as of 2019. She has worked there for about a decade
• Jamie Fly
  • Senior Fellow at the German Marshall Fund and Co-Director of the Alliance for Security Democracy
  • Senior Advisor to WestExec Advisors
  • Co-founded by incoming Secretary of State, Antony Blinken
  • Former President and CEO of Radio Free Europe/Radio Liberty in 2019 & 2020
  • Former counselor for foreign and national security affairs for Sen. Marco Rubio from 2013-2017
  • Former Executive Director of the Foreign Policy Initiative from 2009-2013
  • Former member of GWB's National Security Council from 2008-2009
  • Former member of GWB's Office of the Secretary of Defense from 2005-2008

Transcript:

53:30 Joanna Rohozinska: Lukashenko must be held responsible for his choices and actions. Word mating strategies with transatlantic allies should be priority and to call for dialogue, immediate release of political prisoners and support for the political opposition's demands for holding elections under international supervision and beginning negotiations on a Lukashenko transition.

53:56 Joanna Rohozinska: Support for democracy requires patience as well as long term commitment and vision. This has been made possible with the support of Congress to IRI and the family. Thank you and I look forward to your questions.

1:03:05 Therese Pearce Laanela: Institutions that are as strong...What we are seeing... those that are able to safeguard and against disinformation for example, they are working in innovative ways because this isn't a challenge that existed really as much before social media and one of the things that we're seeing is a kind of interagency cooperation, a partnership between private and public. That's really hasn't been seen before. Let me just take Australia as a case, but the working together with social media companies and government agencies and security agencies and election officials for rapid reaction to anything that comes in and that kind of seamless communication between agencies, that is one of the ways in which we can protect.

1:04:15 Jamie Fly: We have tools. Radio Free Europe, Radio Liberty has a Bella Russian language service Radio Svoboda which has significant of followers inside Belarus. The problem is that Lukashenko like many other authoritarians have realized that when they face significant pressure, they should take the country offline. And Belarusian authorities have done that on a regular basis, which makes it much more difficult to communicate and allow information to spread freely. So what they really need outlets like Svoboda and other independent media are access to internet circumvention tools, which are also funded by the State Department and the US Agency for Global Media.

1:09:57 Douglas Rutzen: China is providing surveillance technology to countries including Kyrgyzstan, Tajikistan, Uzbekistan, and Serbia. They also provided a $2 billion dollar loan to Hungry to construct a railway which Hungry then classified as a state secret in terms of the construction.

1:19:28 Brian Fitzpatrick: In 2013, in 2000, and he saw large scale protests in Ukraine, following what many believed to be a falsification of elections by their federal officials. So my first question for the entire panel, do you believe that Belarus protests could lead to a revolution similar to the one we saw in Ukraine and secondarily, on Tuesday, President Lukashenko, refused to rule out the idea of holding new elections, and acknowledge that he may have overstayed his time at office, whether or not you see revolutions similar to Ukraine, do you think that these protests could lead to an actual change in leadership? Joanna Rohozinska: So I take it as a question to me. I mean, I think that things have been building up and I would say that with this similarity to Ukraine was that there was also a deep seated frustration with corruption. Here, it's less about corruption. But it's still meets, where you have the accountability and transparency aspect of it that I was mentioning in my testimony. And I think that the frustration with the lack of responsive government and being treated like animals, frankly, is what they say, is what finally boiled over, but there's been, there's been an uptick in protests in Belarus, if you watch these kinds of things over the past two years, over the parasite tax, for example, which was also was a special tax that was put on unemployment, and on to penalize people who are unemployed, is trying to target civic activists, but it ended up reaching far farther than that. So you can see things percolating below the surface for quite a long time. Now. You never know when it's going to blow. Here, I think that there was just the COVID, underlay everything and it mobilized such a broad swath of society, that the trigger event was finally the elections, which again, demonstrating a degree of hubris they decided not to put off right, they figured that holding the elections at the beginning of August was the best thing to do, because there is always a low torque turnout and all this, frankly, because people tend to go out to the countryside. So they simply miscalculated. They did not understand how the people were feeling. And here, you do have a similarity with Ukraine, I think. And in terms of in terms of the other questions to going forward? No, you have to appreciate that this is a country that's never experienced democracy ever. Which means that even the democratic opposition leaders basically know it from textbooks, they don't know what from firsthand practice. And, Lukashenko himself, ironically, has been supporting the notion of sovereignty and independence in the face of the Russian state for the past couple of years. And he only changed his tune a couple of weeks ago, when he started getting backed into a corner. And in terms of, you know, his promises and calling new elections, I would be wary. He does not have a particularly good track record of following through on promises. And so I would probably take that as a lesson learned and be extremely cautious. I personally think he's just buying time. Because he also said that he would consider holding the elections after introducing constitutional changes and the constitutional changes that he's proposing is to introduce term limits. So I mean, he's still looking at the succession. He understands that this is the end of his time in office. I don't know if he wants to do that right, exactly now, however, understanding that this would have been his last term anyways, you're probably preparing for an exit strategy.

1:23:00 Joanna Rohozinska: I would certainly invest in looking at quality early parliamentary elections as being much more significant. Because once you turn the house, once you turn the parliament and then at least you start building up a degree of political capital that can start carrying forward into into the governance.

1:52:37 Therese Pearce Laanela: Your people are excellent. I really want to say that I'm calling in from Sweden. I'm not American myself. But I have worked in this business for 28 years working in different countries in really tough situations. And some of the best experts out there are from organizations that are very close to those of you when you're normally working in Washington. So the United Nations as well based in New York, but also organizations like IFIS, NDI, our colleagues from IRI they are doing excellent work supported by USA ID. So and they've kind of got it figured out how to support institutions for the long term, so you can trust the people that you are supporting.

Hearing: Foreign Affairs Issue Launch with Former Vice President Joe Biden, Council on Foreign Relations, January 23, 2018

Speakers:

• Richard Haass - President of the Council on Foreign Relations
• Joe Biden

State Department Daily Briefing, Department of State, February 6, 2014

Ukraine coup - leaked phone call between Victoria Nuland and Geoffey Pyatt, Senate Appropriations Subcommittee on Foreign Operations, February 6, 2014

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Hearing: Economic Aid to New Independent States, Senate Appropriations Subcommittee on Foreign Operations, January 24, 1994

Witnesses:

• Brian Atwood
  • Then: USAID Adminstrator
  • Now: NDI board member - Was the first president of the National Democratic Institute for International Affairs
• Stephen Cohen
  • Then: Professor at Princeton with emphasis in Russian studies
  • Married to Katrina Vanden Heuvel
  • Criticized the Obama administration for starting the new Cold War
  • Said in 2014 that Ukraine crisis was a result of US actions, starting with Clinton, aimed at expanding NATO up to Russia's border.
  • Wrote about our role in the 2014 Ukraine coup 
• Strobe Talbot
• • Then: Deputy Secretary of State
  • Former Director of the Yale Center for the Study of Globalization
  • President of the Brookings Institution for 15 years
  • Member of CFR

Transcript: