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CD150: Pivot to North Korea May 05, 2017

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Congress is back from vacation and instead of focusing their investigative power on Syria in the wake of President Trump's first bombing of the Syrian government, Congress focused on North Korea. In this episode, get the background information you will need to understand the daily developments related to North Korea and hear highlights from two Senate Armed Services Committee hearings and a U.N. Security Council meeting during which our plans for North Korea were laid on the table. Please support Congressional Dish: Click here to contribute using credit card, debit card, PayPal, or Bitcoin Click here to support Congressional Dish for each episode via Patreon Mail Contributions to: 5753 Hwy 85 North #4576 Crestview, FL 32536 Thank you for supporting truly independent media! Recommended Congressional Dish Episodes CD136: Building WWIII Additional Reading Article: Here's what's driving North Korea's nuclear program - and it might be more than self-defense by Jonathan Kaiman, The Los Angeles Times, May 1, 2017. Article: As Economy Grows, North Korea's Grip on Society Is Tested by Choe Sang-Hun, The New York Times, April 30, 2017. Article: McCain plans gains momentum amid North Korea threats by Rebecca Kheel, The Hill, April 30, 2017. Article: N. Korean missile test fails hours after UN meeting on nukes by Foster Klug and Kim Tong-Hyung, San Francisco Chronicle, April 28, 2017. Article: China Calls for Restraint on North Korea as USS Carl Vinson Arrives by Petra Cahill, NBC News, April 24, 2017. Article: Lawmakers' Letters Endorse McCain Plan To Reinforce Pacific, Assist Asian Allies by Sydney J. Freedberg Jr, Breaking Defense, March 2, 2017. Report: U.S.-South Korea Relations by Congressional Research Service, October 20, 2016. Article: Rare earth mineral reserves were discovered in North Korea - and it could be a game-changer by Sam Doo, Business Insider, April 20, 2015. Article: Understanding Kim John Un, The World's Most Enigmatic and Unpredictable Dictator by Mark Bowden, Vanity Fair, March 2015. Article: All the Previous Declarations of War by Garance Franke-Ruta, The Atlantic, August 31, 2013. Article: The Case for Countering China's Rise by Martin Jacques, The New York Times, September 23, 2011. Videos YouTube: Why Korea Split Into North and South Korea Vice: Inside North Korea Part 1 Vice: Inside North Korea Part 2 Vice: Inside North Korea Part 3 YouTube:VICE on HBO Season One: The Hermit Kingdom YouTube: Channel West Coast - I Love Money YouTube: Donald Trump Says "China" Remix Song YouTube: Donald Trump Says China Remix References Document: Security Council Resolution 83 GovTrack: H.R. 1644: Korean Interdiction and Modernization of Sanctions Act Lockheed Martin: Terminal High Altitude Area Defense Missile Defense Agency: THAAD Fact Sheet OpenSecrets: Lockheed Martin Carnegie Endowment for International Peace: 2015 Contributors and Funders Sound Clip Sources Hearing: Policy and Strategy in the Asia-Pacific, United States Senate Committee on Armed Services, April 25, 2017. Watch on CSPAN Witnesses Dr. Victor D. Cha: Senior Advisor and Korea Chair, Center For Strategic and International Studies CSIS Bio Georgetown University Profile White House Website Bio Dr. Aaron L. Friedberg: Professor of Politics and International Affairs, Princeton University Princeton University Profile Princeton News - Deputy National Security Advisor to VP Dick Cheney Ms. Kelly E. Magsamen: Former Principal Deputy Assistant Secretary of Defense for Asian and Pacific Security Affairs, Office of the Secretary of Defense LinkedIn Profile Twitter Account Dr. Ashley J. Tellis: Senior Fellow, Carnegie Endowment for International Peace Carnegie Endowment for International Peace Profile Timestamps & Transcripts 18:52 Senator John McCain: America's interests in the Asia-Pacific region are deep and enduring. That's why, for the past 70 years, we've worked with our allies and partners to uphold a rules-based order based on principles of free peoples and free markets, open seas, and open skies, the rule of law, and the peaceful resolution of disputes. These ideas have produced unprecedented peace and prosperity in the Asia-Pacific. But now challenges to this rules-based order are mounting as a threat, not just the nations of the Asia-Pacific region but the United States as well. The most immediate challenge is the situation on the Korean Peninsula. Kim Jong-un's regime has thrown its full weight behind its quest for nuclear weapons and the means to deliver them, and, unfortunately, the regime is making real progress. A North Korean missile with a nuclear payload capable of striking an American city is no longer a distant hypothetical but an imminent danger, one that poses a real and rising risk of conflict. 31:20 Dr. Aaron Friedberg: The goal of Beijing's strategy has become increasingly clear in the last few years is to create a regional Eurasian order that's very different from the one we'd been trying to build since the end of the Cold War. 32:03 Dr. Aaron Friedberg: When the Cold War ended, the United States set out to expand the geographic scope of the Western liberal economic and institutional order by integrating the pieces of the former Soviet Union and the former Soviet empire and by accelerating the integration of China—the process that had begun a few years before. As regards China, the United States pursued a two-prong strategy: on one hand, seeking to engage China across all domains, economic in particular but diplomatic in others; and at the same time, working with our allies and partners and maintaining our own forces in the region to preserve a balance of power that was favorable to our interests and the security of our allies. And the goals of that policy were to preserve stability, to deter the possibility of aggression, while waiting for engagement to work its magic. The U.S. hoped, in effect, to tame and ultimately to transform China, to encourage its leaders to see their interests as lying in preservation of that order, and to set in motion processes that would lead, eventually, to the economic and political liberalization of that country. 37:53 Dr. Aaron Friedberg: Economically, they've been using the growing gravitational pull of their economy to draw others towards them and also to become increasingly open in using economic threats and punishments to try to shape the behavior of others in the region, including U.S. allies; as Dr. Cha mentioned, Korea; and also the Philippines. 42:27 Dr. Aaron Friedberg: And while there's obviously a limit to what we can and should say in public, we are at a point, I think, where we need to be able to explain to our allies, our possible adversaries, and ourselves how we would fight and win a war in Asia, should that ever become necessary. 45:50 Kelly Magsamen: First, we need to increase the pressure on North Korea as a necessary predicate to any other option. China is central to that, but we can't rely only on Chinese pressure. We also need to be realistic. Kim Jong-un is not going to unilaterally disarm because of international pressure. Pressure alone is not going to solve the problem. Second, military options should remain on the table, but they are extremely high risk and should be a last resort. We should not kid ourselves here: a conflict on the peninsula would be unlike anything we have seen in decades. North Korea is not a Syria, it's not an Iraq; the consequences could be extremely high. 55:51 Dr. Ashley J. Tellis: I think it would be very helpful for the administration to support your initiative, Senator McCain, with respect to the Asia-Pacific Stability Initiative. In fact, urgent funding at levels that approximate those are for the European Reassurance Initiative. 56:32 Dr. Ashley J. Tellis: In the near term, this will require shifting additional combat power to the theater, remedying shortfalls in critical munitions, expanding logistics' capabilities, increasing joint exercises and training, and improving force resiliency by enabling a more dispersed deployment posture. But the longer term is just as crucial, and the demands of the longer term cannot be avoided indefinitely. Here, I believe, bipartisan support will be necessary for developing and rapidly integrating various revolutionary technologies into the joint force—technologies that will emphasize stealth, long-range, and unmanned capabilities as well as doubling down on our advantages in undersea warfare. 1:05:47 Dr. Aaron Friedberg: China's been playing a game with us, for at least 15 years, on this issue. When we get especially concerned about what the North Koreans are doing, and we go to the Chinese and ask them for their help, what they've done in the past is to apply limited increments of pressure—they did it in 2003 to get the North Koreans to agree to sit down, what became six-party talks—but at the same time, almost simultaneously, as Victor suggests, they're enabling the North Korean regime to continue by allowing continued economic exchange across their border. The Chinese have also allowed, or the Chinese authorities have at least looked aside as Chinese-based companies have exported to North Korea components that were essential to the development of their ballistic missiles, and probably other parts of their special-weapons programs. I'm not at all optimistic that the Chinese are going to play a different game with us now than they did in the past. One thing I would add, though: aside from military pressure, which for reasons that you suggest, Senator McCain, is I think of questionable plausibility, there are ways in which we could increase economic pressure on the North Korean regime, particularly by imposing further economic sanctions and especially financial sanctions. We did that in the Bush administration. I think it was actually something that caused a good deal of pain. We backed away from it for various reasons. I think it was a mistake to have done that. One of the reasons, my understanding, that we haven't been willing to push on this harder is that it probably would involve sanctioning entities that are based in China, and I think we've been reluctant to do that because of our concerns about upsetting the relationship with China. I think if we're going to be serious about this, we probably are going to have to go down that road. 1:08:37 Kelly Magsamen: Now is the time to try to make China understand that the status quo is worse for them than all other scenarios, and to do that, I think we need to hold their interests at risk, and what I mean by that is somewhat of what Dr. Friedberg said, which is we need to really think hard about secondary sanctions on Chinese banks. I actually think we should go out and do it now. I don't think we should actually wait. I don't think that holding it in advance is actually going to induce Chinese cooperation. So now is the time to demonstrate to China that we're serious in that regard. 1:15:45 Dr. Aaron Friedberg: There is in the long run—I hesitate to use this term because it's fallen into disfavor for good and bad reasons—but the ultimate solution to this problem is regime change unless and until there's a change in the character of the North Korean regime and certainly the identity of the current leadership. There's absolutely no prospect that I can see that this problem will get better. 1:26:05 Dr. Ashley J. Tellis: We cannot do anything else without exhausting the alternatives offered by diplomacy because dealing with North Korea, at the end of the day, will require a coalition effort, and we have to satisfy the expectations of our coalition partners that we've made every effort in the interim to deal with the challenge. And so we have to think of it in terms of a multi-step game. As Dr. Cha highlighted, the immediate objective should be to get the North Korean regime back to the negotiating table. The ultimate objective must be to hope that there will be evolutionary change in the regime. 2:07:45 Dr. Aaron Friedberg: If you ask what would be the sort of outer limit of what China could do— Unknown Speaker: Mm-hmm. Friedberg: —assuming that it was willing to do almost anything, it could bring North Korean economy to its knees, which it's pretty close to that already; it could cut off the flows of funds that go across the border into North Korea, partly from the so-called illicit activities that the North Koreans engage in; it could interdict components that flow into North Korea through China that support the special-weapons programs; it could do a lot. Hearing: United States Pacific Command and United States Forces Korea, United States Senate Committee on Armed Services, April 27, 2017. Witness Admiral Harry B. Harris, Jr., USN: Commander, United States Pacific Command Timestamps & Transcripts 16:44 John McCain: America's interests in the Asia-Pacific region are deep and enduring. That's why, for the past 70 years, we've worked with our allies and partners to uphold a rules-based order based on the principles of free peoples and free markets, open seas, and open skies, and the rule of law, and the peaceful resolution of disputes. These ideas have produced unprecedented peace and prosperity in the Asia-Pacific. But now challenges to this rules-based order are mounting, and they threaten not just the nations of the Asia-Pacific region but the United States as well. The most immediate threat is the situation on the Korean Peninsula. Kim Jong-un's regime has thrown its full weight behind its quest for nuclear weapons and the means to deliver them, and, unfortunately, the regime is making real progress. A North Korean missile with a nuclear payload capable of striking an American city is no longer a distant hypothetical but an imminent danger, one that poses a real and rising risk of conflict. 19:47 John McCain: As its behavior toward South Korea indicates over the last several years, China has acted less and less like a responsible stakeholder of the rules-based order in the region and more like a bully. It has economically coerced its neighbors, increased its provocations in the East China Sea, and militarized the South China Sea. Meanwhile, with a rebalance policy too heavy on rhetoric and too light on action, years of senseless defense cuts and now the disastrous decision to withdraw from the Trans-Pacific Partnership, U.S. policy has failed to adapt to the scale and velocity of China's challenge to the rules-based order. 21:44 John McCain: At our hearing earlier this week, our panel of expert witnesses agreed there was a strong merit for an "Asia-Pacific Stability Initiative." This Initiative could enhance U.S. military power through targeted funding to realign our force posture in a region, improve operationally relevant infrastructure, fund additional exercises, pre-position equipment, and build capacity with our allies and partners. Admiral Harris, I'm eager to hear your thoughts on this kind of an initiative. 24:26 Senator Jack Reed: While North Korea poses an immediate national security threat, we must not lose sight of the potential long-term threat that China poses to the rules-based order in the Asia-Pacific region. Whether it be economic coercion of its small and more vulnerable neighbors or undermining the freedom of navigation that we all depend upon, China has not demonstrated a willingness to rise as a responsible global leader. Therefore, I believe it is critical that we empower and engage countries in Southeast Asia and South Asia to protect their own waterways and provide them with economical alternatives to maintain regional stability, preserve U.S. standing in Asia, and allow the economic growth and stability that has characterized the region for the last 50 years to continue. 35:41 John Mc…

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CD149: Fossil Fuel Foxes Apr 24, 2017

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Exxon Mobil's CEO is now the Secretary of State. The Koch Brothers' Congressman is the CIA Director. We've already seen signs that the Trump Administration and the fossil fuel industry are merging. In this episode, hear the highlights of the confirmation hearings of the two men now most responsible for environmental law enforcement in the United States: Secretary of the Interior Ryan Zinke and Administrator of the Environmental Protection Agency Scott Pruitt. Will they protect the environment from the fossil fuel industry or did President Trump appoint foxes to guard the henhouse? Please support Congressional Dish: Click here to contribute using credit card, debit card, PayPal, or Bitcoin Click here to support Congressional Dish for each episode via Patreon Mail Contributions to: 5753 Hwy 85 North #4576 Crestview, FL 32536 Thank you for supporting truly independent media! Recommended Congressional Dish Episodes CD144: Trump's War Manufacturers Additional Reading Article: Trump's EPA is reconsidering a rule that limits mercury from power plants by Samantha Page, Think Progress, April 19, 2017. Article: 'Like a slow death': families fear pesticide poisoning after Trump reverses ban by Sam Levin, The Guardian, April 17, 2017. News Release: EPA Launches Back-To-Basics Agenda at Pennsylvania Coal Mine, U.S. Environmental Protection Agency, April 13, 2017. Op-Ed: Now we know Scott Pruitt isn't serious about fighting smog by Jack Lienke, Grist, April 12, 2017. Article: What's at Stake in Trump's Proposed E.P.A. Cuts by Hiroko Tabuchi, The New York Times, April 10, 2017. Article: Federal Judge Orders Supplemental EIS For Nevada Sage Grouse Plan by Richard Nemec, Natural Gas Intel, April 6, 2017. Article: E.P.A. Chief, Rejecting Agency's Science, Chooses Not to Ban Insecticide by Eric Lipton, The New York Times, March 29, 2017. Article: Herbert pushing for Interior Secretary Zinke to visit Utah and Bear Ears by Bryan Schott, UtahPolicy.com, March 27, 2017. Press Release: Interior Department Auctions Over 122,000 Acres Offshore Kitty Hawk, North Carolina for Wind Energy Development, U.S. Department of the Interior, March 16, 2017. Press Release: Secretary Zinke Issues Lease for 56 Million Tons of Coal in Central Utah, U.S. Department of the Interior, March 15, 2017. Article: Zinke pledges big changes at Department of the Interior by Rob Chaney, Missoulian, March 10, 2017. Press Release: Secretary Zinke Announces Proposed 73-Million Acre Oil and Natural Gas Lease Sale for Gulf of Mexico, U.S. Department of the Interior, March 6, 2017. Article: Fate of Bears Ears in question as Senate confirms Montana Rep. Zinke as Interior secretary by Thomas Burr, The Salt Lake Tribune, March 1, 2017. Article: Oklahoma's earthquake threat now equals California's because of man-made temblors, USGS says by Rong-Gong Lin II, The Los Angeles Times, March 1, 2017. Article: Thousands of emails detail EPA head's close ties to fossil fuel industry by Brady Dennis and Steven Mufson, The Washington Post, February 22, 2017. Article: Scott Pruitt makes it clear that the Clean Power Plan is going away by Natasha Geiling, Think Progress, February 19, 2017. Article: Utah Representative Wants Bears Ears Gone And He Wants Trump To Do It by Kirk Siegler, NPR, February 5, 2017. Article: Good Question: What Exactly Is The Dakota Access Pipeline? by Heather Brown, CBS Minnesota, January 24, 2017. Document: State of the Air 2016 by The American Lung Association Article: Obama Designates Atlantic, Artic Areas Off-Limits To Offshore Drilling by Merrit Kennedy, NPR, December 20, 2016. Article: Ryan Zinke, Donald Trump's Pick for Interior Secretary, and the Rising American Land Movements by Benjamin Wallace-Wells, The New Yorker, December 16, 2016. Press Release: Interior Department Announces Final Rule to Reduce Methane Emissions & Wasted Gas on Public, Tribal Lands, U.S. Department of the Interior, November 15, 2016. Article: Incumbent Ryan Zinke says security, jobs, health care top priorities by Holly Michels, Montana Standard, October 14, 2016. Article: Obama announces moratorium on new federal coal leases by Joby Warrick and Juliet Eilperin, The Washington Post, January 15, 2016. Article: With Only $93 Billion in Profits, the Big Five Oil Companies Demand to Keep Tax Breaks by Daniel J. Weiss and Miranda Peterson, Center for American Progress, February 10, 2014. References Encyclopedia Britannica: Deepwater Horizon oil spill of 2010 Fact Sheet: Methane and Waste Prevention Rule, US Department of the Interior U.S. Energy Information Administration: Natural Gas Overview U.S. Energy Information Administration: U.S. Energy Mapping System Environmental Protection Agency: EPA History Environmental Protection Agency: California Greenhouse Gas Waiver Request Environmental Protection Agency: Order denying petition to revoke tolerances for the pesticide chlorpyrifos GovTrack: On the Nomination PN31: Ryan Zinke, of Montana, to be Secretary of the Interior GovTrack: H.R. 5259 (114th): Certainty for States and Tribes Act Overview OpenSecrets: Sen. Lisa Murkowski - Summary OpenSecrets: Sen. Lisa Murkowski - Career Profile Sound Clip Sources Hearing: Interior Secretary Confirmation - Ryan Zinke, Senate Energy and Natural Resources Committee, January 17, 2017. Part 1 Part 2 Timestamps & Transcripts Part 1 42:54 Senator Lisa Murkowski: Will you commit to a formal review of all of the Obama administration's actions that took resource-bearing lands and waters in Alaska effectively off the table, including the decisions that specifically prevented the leasing of those lands and those waters for development, and determine whether or not they can be reversed? Ryan Zinke: Yes. I think the president-elect has said that we want to be energy independent. As a former Navy Seal, I think I've been to 63 countries in my lifetime, and I can guarantee it is better to produce energy domestically under [missing audio] than watch it be produced overseas with no regulation. I've seen the consequences of what happens when you don't have any regulation in the Middle East. We can do it right. The backbone of our environmental policies has been NEPA, and I'm a strong supporter of NEPA, but we also have to understand that we need an economy. And, look, if we don't have an economy as a country, then the rest of it doesn't matter, because we're not going to be able to afford a strong military, nor are we going to be able to afford to keep the promises we've made as a great nation; and we've made a lot of promises to education, to our children's future, to infrastructure, to Social Security; all that takes an economy that's moving forward, and energy is a part of that economy, and Alaska is a critical part of that economy. Alaska's different for a reason: you are blessed with great resources, you are blessed with great recreation—a little cold in the winter, but it's not Palm Springs. Murkowski: You're from Montana. You can handle it. Zinke: We can handle it. But, yes, I think we need to be prudent. And always, I think we need to review things to make sure we're doing it right because over time the government keeps on getting bigger and bigger, the bureaucracy gets larger and larger, and we can't get something done. 53:12 Senator John Hoeven: Also in North Dakota, we've had a real challenge with the Dakota Access Pipeline protest. You and I talked about it. State and local law enforcement has worked very hard to keep the peace and to keep people safe, but we need federal law-enforcement help as well, and so in your case, that's going mean BIA law enforcement. And, so, my question is, if you're confirmed, will you ensure that BIA law enforcement works with state and local law enforcement to resolve the situation, to keep people safe, and to make sure that the rule of law is followed? Ryan Zinke: Yes, sir. And we talked about it in your office, and if confirmed, I'm going to be a very busy man, travelling. I'm going to travel to Utah, travel to Alaska, and travel to North Dakota. Those are three impending problems that we need to resolve quickly. I have great respect for the Indian nations. I'm adopted Assiniboine. Last time the Sioux Nations all got together, I would say General Custer probably would say that was not a good issue. So, you look at this, and there is deep cultural ties, there is a feeling that we haven't been a fair consultant, a fair partner, and so I think we need to listen to that voice. 57:45 Senator Bernie Sanders: President-elect Trump has suggested—more than suggested—stated in his view that climate change is a "hoax." Now I know that you're not here to be administrator of the EPA or secretary of the Energy, but the issue of climate change is in fact very important for issues that the Department of Interior deals with. Is President-elect Trump right? Is climate change a hoax? Ryan Zinke: I can give you—the best answer is three things: First of all, climate is changing. That's indisputable. I'm from Glacier National Park, and I've seen— Sanders: You don't have any more glaciers there, huh? Zinke: Well—and I've seen glaciers over the period of my time recede. Matter of fact, when my family and I have eaten lunch on Grinnell Glacier, the glacier has receded during lunch. Sanders: All right. But I have—if you could— Zinke: Yeah. Sanders: —is the president-elect right? Is climate change a hoax? Zinke: Well, if I can give you two more points— Sanders: Okay. Zinke: —I'll make it short. The second thing is man has had an influence. I don't think—I think that's indisputable as well. So, climate is changing, man is an influence. I think where there's debate on it is what that influence is, what can we do about it, and as the Department of Interior, I will inherit, if confirmed, the USGS. We have great scientists there. I'm not a climate-scientist expert, but I can tell you I will become a lot more familiar with it, and it'll be based on objective science. I don't believe it's a hoax; I believe we should— Sanders: You do not believe it's a hoax. Zinke: No. I believe we should be prudent to be prudent. That means I don't know definitively; there's a lot of debate on both sides of the aisle— Sanders: Well, actually, there's not a whole lot of debate now. The scientific community is virtually unanimous that climate change is real and causing devastating problems. There is the debate on this committee but not within the scientific community. 59:40 Senator Bernie Sanders: If climate change is already causing devastating problems, should we allow fossil fuel to be drilled on public lands? Ryan Zinke: Again, we need an economy and jobs, too. And I, in my experience, have probably seen 63 different countries. I've seen what happens when you don't have regulated— Sanders: I'm taking your—I don't mean to be rude, but this is not a whole lot—I'm taking your answer to be yes, we should allow fossil fuel to be drilled on public lands. Zinke: I'm an all-the-above energy, and I want to be honest with you—I'm all the above. Sanders: Will you encourage wind and solar on public lands? Zinke: I will encourage, absolutely, wind and sol—all the above. Sanders: Okay. Zinke: So I think that's the better solution going forward is all-the-above energy. 1:00:40 Ryan Zinke: I want to be clear in this point: I am absolutely against transfer or sale of public land. 1:39:40 Senator John Barrasso: The war on coal: it is real for communities across the West, including Wyoming, including Montana; it's devastated small towns, ultimately threatens our country's energy security. If confirmed, will you commit to ending this moratorium on federal coal leasing? Ryan Zinke: The war on coal, I believe, is real. I have Decker, Montana, in my area, and behind me is a gentleman that works in the coal mines of the Crow Agency, which, by the way, the Crow Agency, if you were to take coal out of the picture, the unemployment rate would probably in the 90 percent. So they're very keen on making sure they have their jobs and we give them the ability for self-determination. The moratorium, I think, was an example of many, is that one size fits all. It was a view from Washington and not a view from the states, particularly if you're a state such as Wyoming, parts of Montana, West Virginia, where coal's important. So overall, the president-elect has made a commitment to end " the war on coal." I think we should be smart on how we approach our energy. "All the above" is a correct policy. Coal is certainly a great part of our energy mix. To your point, I'm also a great believer that we should invest in the research and development, particularly on coal, because we know we have the asset. Let's work together to make it cleaner, better. We should be leading the world in clean-energy technology, and I'm pretty confident that coal can be a part of that. 1:41:36 Senator John Barrasso: With the use of the Congressional Review Act, and I'm planning introducing a disapproval resolution on the BLM's venting and flaring rule. To me that rule far exceeds the authority of the BLM, will ultimately put federal lands at a greater competitive disadvantage to state and private lands. Will you support our efforts to reverse this rule under the Congressional Review Act? Ryan Zinke: Yes, and I think what the driving force is is we're venting a lot, and we're wasting energy. And that is troubling to me, is that the amount of venting in North Dakota alone almost exceeds what we get out of the fields. So, a lot of the wasting can be approached by having an infrastructure. So let us build a system where we capture that energy that is otherwise being wasted. And that's an enormous opportunity. It's an enormous opportunity, our natural gas and geopolitically as well. We haven't talked a lot about overseas, but energy is so critically important. If we want to check Russia, then let's do it with liquid natural gas. If we want to put pressure on Iran, then let's supplant every drop of Iranian crude. This is all part of a larger package, and it cannot be done without the great state of Wyoming and their assets, or Alaska. But we have to think globally on it, and it is better—and I've said this once before—but it is better to produce energy in America under reasonable regulation and get better over time than watch it be produced overseas with no regulation. That is indisputable. 1:43:23 Senator John Barrasso: And I want to talk about sage grouse management plans. The administration has ignored input from key stakeholders, including Western governors during the development of their plans, plans which were used to justify [missing audio] unwarranted status under the Endangered Species Act. But at the core, the plans fundamentally oppose the multiple-use mandates of the BLM, which includes grazing, recreation, energy development. Will you commit to returning conservation and management authority of the sage grouse back to the states in preventing this top-down mandate like this in the future? Ryan Zinke: My understanding is the sage grouse decision is going to come before the Department of Interior some time in March. I understand there's going to be options and alternatives, proposed alternatives. I will work with you when I see those documents, and I'll work with all of you when I see those documents, to make sure we're doing the right thing. What concerns me about sage grouse is there's no target number. I'm not sure how you can manage without a number. If we just grab a management of p…

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CD148: Trump's First Laws Apr 09, 2017

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We have the first wave of the Trump laws! In this episode, highlights of the most impactful laws from the first three months of the 115th Congress, which include favors to the fossil fuel industry, gun industry, telecommunications industry, and defense contractors. In addition, learn about a law (that's flown completely under the radar) that fundamentally changes how NASA operates. Please support Congressional Dish: Click here to contribute using credit card, debit card, PayPal, or Bitcoin Click here to support Congressional Dish for each episode via Patreon Mail Contributions to: 5753 Hwy 85 North #4576 Crestview, FL 32536 Thank you for supporting truly independent media! Recommended Congressional Dish Episodes CD124: The Costs of For-Profit War CD135: Education is Big Business Bills Outline S. 84: A bill to provide for an exception to a limitation against appointment of persons as Secretary of Defense within seven years of relief from active duty as a regular commissioned officer of the Armed Forces. Exempts General James Mattis from the law that prohibits anyone from serving as Defense Secretary within seven years of leaving military service (Mattis had retired less than four years before his appointment). H.R. 72: GAO Access and Oversight Act of 2017 Gives the Government Accountability Office (GAO) more power to get federal agency records for audits and investigations Requires agency heads to report their plans - not just their actions - that the agency will take when given recommendations by the GAO and requires the reports to be given to more Congressional committees Makes it easier for the GAO to sue federal agencies that don't comply Gives the GAO access to the National Directory of New Hires (NDNH) H.J.Res. 41: Providing for congressional disapproval under chapter 8 of title 5, United States Code, of a rule submitted by the Securities and Exchange Commission relating to "Disclosure of Payments by Resource Extraction Issuers". Repeals an Obama administration rule requiring companies listed in the stock market to publicly report payments by the fossil fuel and mineral industries to the US or foreign governments if the payments are over $100,000 in a year. H.J.Res. 38: Disapproving the rule submitted by the Department of the Interior known as the Stream Protection Rule. Repeals a Department of Interior regulation known as the "Stream Protection Rule" which aimed to reduce pollution from coal mining by blocking mining within 100 feet of streams and requiring coal mining companies to restore the land their use to it's pre-mining condition. H.J.Res. 40: Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Social Security Administration relating to Implementation of the NICS Improvement Amendments Act of 2007. Repeals a Social Security Administration rule that never went into effect that would have prohibited approximately 75,000 people who receive disability checks for mental illness from buying guns. H.R. 321: Inspiring the Next Space Pioneers, Innovators, Researchers, and Explorers (INSPIRE) Women Act Orders the NASA administrator to create a plan to use current and former NASA employees to engage with K-12 female students to encourage them to pursue careers in aerospace. The plan must be submitted in 90 days. H.R. 255: Promoting Women in Entrepreneurship Act "Encourages" the National Science Foundation to recruit women to work in commercial science and engineering - S. 442: National Aeronautics and Space Administration Transition Authorization Act of 2017 Authorizes $19.5 billion for NASA operations for 2017 Declares that it will be US policy that we will support the International Space Station through at least 2024 Sense of Congress: "Commercially provided crew transportation systems" should be the primary means of transporting US astronauts to and from the International Space Station and reliance upon Russian transportation should be ended as soon as possible. Commercial providers of NASA services will have to provide "evidence-based support for their costs and schedules" only "in a manner that does not add costs or schedule delays" NASA will have to create a plan to "transition in a step-wise approach from the current regime that relies heavily on NASA sponsorship to a regime where NASA could be one of many customers of a low-Earth orbit non-governmental human space flight enterprise." The first report on progress will be due December 1, 2017 Contracts between NASA and private providers are allowed to give immunity to the private providers from lawsuits for "death, bodily injury, or loss of or damage to property resulting from launch services and reentry services carried out under the contract" for any amount over what their insurance covers. The maximum amount of insurance a provider will have to obtain is for $500 million The immunity may exclude claims resulting from willful misconduct by the private provider Establishes long term goals for NASA, which include "to enable a capability to extend human presence, including potential human habitation on another celestial body and a thriving space economy in the 21st Century." There will be a specific focus on enabling humans living on Mars Repeals provisions of law that required the government specifically to have the ability to restart the Space Shuttle program, if needed. Authorizes the NASA Administrator to conduct long-term medical monitoring and treatment of astronauts with no out-of-pocket costs for the astronauts for space flight related ailments only. H.J.Res. 44: Disapproving the rule submitted by the Department of the Interior relating to Bureau of Land Management regulations that establish the procedures used to prepare, revise, or amend land use plans pursuant to the Federal Land Policy and Management Act of 1976. Repeals a Bureau of Land Management Rule that would give the public a larger and earlier role in management plans for public land. The public would have been able to submit data & other information. The public also would have been given information as the plans were developed, allowing the public to comment during the planning process instead of after. H.J.Res. 37: Disapproving the rule submitted by the Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration relating to the Federal Acquisition Regulation. Repeals a rule written by the Department of Defense, the General Services Administration, and NASA that would have made federal contractors prove their compliance with fourteen Federal labor laws, which would then be taken into consideration by agencies when awarding contracts. The contractors would also have to report their wages paid to employees to the agencies and would have limited forced arbitration of employee claims. H.J.Res. 57: Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Education relating to accountability and State plans under the Elementary and Secondary Education Act of 1965. Repeals a Department of Education rule that would have pushed states to weigh student achievement via test scores of 95% of their students and graduation rates when determining which schools are "underperforming". The rule also would have required schools to provide parents and the public with more information on their annual report card. H.J.Res. 58: Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Education relating to teacher preparation issues. Repeals a Department of Education rule that outlined indicators that states would have to use to judge teacher performance and tied results to some Federal aid funding. H.J.Res. 42: Disapproving the rule submitted by the Department of Labor relating to drug testing of unemployment compensation applicants. Repeals a Department of Labor rule that allowed but limited the drug testing of people receiving unemployment benefits. People could only be tested if they were dismissed for substance abuse related reasons and only if their jobs required carrying a firearm, aviation flight crews, air traffic controllers, commercial drivers, railroad crews, pipeline crews, and commercial maritime crews. S.J.Res. 34: A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Federal Communications Commission relating to "Protecting the Privacy of Customers of Broadband and Other Telecommunications Services" Repeals a Federal Communications Commission rule that would have required Internet service providers to obtain our approval if they were going to share our information, and not condition service on an acceptance of data sharing, and to notify us if our data was compromised. Additional Reading Article: Congress Votes To Expand Drug Testing For Unemployment Recipients by Kelly Mcevers, NPR, March 27, 2017. Article: Why you should take a closer look at this week's NASA bill by Andrew Wagner and Nsikan Akpan, PBS, March 24, 2017. Article: Obama Education Rules Are Swept Aside by Congress by Dana Goldstein, The New York Times, March 9, 2017. Article: The Senate just voted to overturn another environmental rule - sending it to Trump's desk by Chelsea Harvey, The Washington Post, March 8, 2017. Article: Senate overturns Obama-era regulations on teacher preparation by Emma Brown, The Washington Post, March 8, 2017. Congressional Record: National Aeronautics and Space Administration Transition Authorization Act of 2017, House of Representatives, March 7, 2017. Article: Trump Signs Bill Revoking Obama-Era Gun Checks for People with Mental Illnesses by Ali Vitali, NBC News, February 28, 2017. Article: FCC Chairman Goes After His Predecessor's Internet Privacy Rules by Alina Selyukh, NPR, February 24, 2017. Article: Why Trump just killed a rule restricting coal companies from dumping waste in streams by Brad Plumer, Vox, February 16, 2017. Article: Trump signs Sasse's bill to let GAO access massive financial database by Joseph Morton, Omaha World Herald, February 3, 2017. Article: Goodbye, Stream Protection Rule by Paul Rauber, Sierra, February 1, 2017. Article: On the same day Rex Tillerson is confirmed, the House votes to kill a transparency rule for oil companies by Brad Plumer, Vox, February 1, 2017. Article: Republicans will try a little-used tactic to kill five Obama regulations this week by Brad Plumer, Vox, February 1, 2017. Press Release: Bill Johnson Leads House Effort to Protect Coal Jobs by Overturning Ill-Advised "Stream Protection Rule" by Representative Bill Johnson, January 30, 2017. Press Release: Chairman Huizenga, Senator Inhofe Move To Eliminate Resource Extraction Rule via CRA, Chairman Bill Huizenga, January 30, 2017. Op-Ed: The Congressional Review Act, rarely used and (almost always) unsuccessful by Stuart Shapiro, The Hill, April 17, 2015. References U.S. Dept of Labor: Unemployment Insurance Senator Al Franken: Arbitration Amendment OpenSecrets: Rep. Liz Cheney - Top Industries, 2015-2016 OpenSecrets: National Rifle Association - 2016 Contributions OpenSecrets: Rep. Bill Johnson - Top Industries OpenSecrets: Rep. Bill Johnson - Top Industries, 2015-2016 OpenSecrets: Rep. Bill Huizenga - 2014 Assets OpenSecrets: Rep. Bill Huizenga - Top Industries OpenSecrets: Senator Jeff Flake - Top Industries OpenSecrets: Rep. Marsha Blackburn - Career Profile OpenSecrets: Communications/Electronics - Money to Congress Sound Clip Sources Hearing: NASA: Past, Present, and Future, House of Representatives, Committee on Science, Space and Technology, February 16, 2017. Video: NASA Authorization Bill Signing, Oval Office, March 21, 2017. Cover Art Design by Only Child Imaginations

CD147: Controlling Puerto Rico Mar 31, 2017

Show notes

What is Puerto Rico? Many Americans - if not most - are unaware that Puerto Rico is a part of the United States. In this episode, learn the history of our scandalous treatment of the US citizens living in Puerto Rico and explore how Puerto Rico's past foreshadowed the United States' present… and possibly our future. Executive Producers: Ralph and Carol Lynn Rivera, Brandon K. Lewis Please support Congressional Dish: Click here to contribute with PayPal or Bitcoin Click here to support Congressional Dish for each episode via Patreon Mail Contributions to: 5753 Hwy 85 North #4576 Crestview, FL 32536 Thank you for supporting truly independent media! Recommended Congressional Dish Episodes CD128: Crisis in Puerto Rico Additional Reading Book: War Against All Puerto Ricans by Nelson A. Denis, March 2016. Article: Puerto Rico Warning Congress Its Health Crisis Will Impact U.S. States by Suzanne Gamboa, NBC News, March 22, 2017. Document: Testimony of Jose B. Carrion III, Chairman, Financial Oversight & Management Board for Puerto Rico, March 22, 2017. Article: Why the GOP's proposals to cap Medicaid funding won't work by Ana Mulero, Healthcare Dive, March 21, 2017. Article: Fed Raises Interest Rates for Third Time Since Financial Crisis by Binyamin Appelbaum, The New York Times, March 15, 2017. Letter: Fiscal Plan Certification, Financial Oversight & Management Board for Puerto Rico, March 13, 2017. Press Release: Jenniffer Gonzalez Calls for Fiscal Oversight Board Action to Prevent Medicaid Crisis by Jenniffer Gonzalez-Colon, March 13, 2017. Article: Tensions heighten following control board rejection of fiscal plan by Luis J. Valentin, Caribbean Business, March 9, 2017. Article: A bad deal for Puerto Rico, Globe control board opinion, The Boston Globe, March 5, 2017. Article: Quest for statehood: Puerto Rico's new referendum aims to repair economic disaster by Danica Coto, Salon, February 3, 2017. Letter: Letter to Governor Rossello Nevares, Financial Oversight & Management Board for Puerto Rico, January 18, 2017. Article: Puerto Rico's New Governor Takes Over as Debt Crisis Reaches Climax by Tatiana Darie, Bloomberg, January 3, 2017. Article: Puerto Rico Control Board Names Carrion Chair Amid Protests by Katherine Greifeld, Bloomberg, September 30, 2016. Article: Puerto Rico's Invisible Health Crisis by Valeria Pelet, The Atlantic, September 3, 2016. Op-Ed: Understanding Puerto Rico's Healthcare Collapse by Johnny Rullan, Morning Consult, June 20, 2016. Article: Puerto Rico not sovereign, Supreme Court says by Richard Wolf, USA Today, June 9, 2016. Article: US supreme court says Puerto Rico must abide by federal double jeopardy rule by Alan Yuhas, The Guardian, June 9, 2016. Op-Ed: No More Colonialism Disguised as Financial Assistance: The US Must Relinquish Puerto Rico by Nelson A. Denis, Truthout, May 19, 2016. Article: Sea Turtles Delay Debt-Ridden Puerto Rico's Gas-Switching Plan by Jonathan Crawford, Bloomberg, March 23, 2016. Article: There's a big sale on Puerto Rican homes by Heather Long, CNN Money, February 21, 2016. Article: The US shipping industry is putting a multimillion dollar squeeze on Puerto Rico by Rory Carroll, Business Insider, July 9, 2015. Article: Harvard's billionaire benefactor also a GOP sugar daddy by Vanessa Rodriguez, OpenSecrets.org, June 4, 2015. Interview: How the United States Economically and Politically Strangled Puerto Rico by Mark Karlin, Truthout, May 24, 2015. Article: Why Have So Many People Never Heard Of The MOVE Bombing? by Gene Demby, NPR, May 18, 2015. Article: Puerto Rico Expands Tax Haven Deal For Americans To Its Own Emigrants by Janet Novack, Forbes, January 27, 2015. Article: Citizenship Renunciation Fee Hiked 422%, And You Can't Come Back by Robert W. wood, Forbes, January 13, 2015. Article: Puerto Rican Population Declines on Island, Grows on U.S. Mainland by D'Vera Cohn, Eileen Pattien and Mark Hugo Lopez, Pew Research Center, August 11, 2014. Article: Puerto Rico woos rich with hefty tax breaks by Sital S. Patel and Ben Eisen, Market Watch, April 22, 2014. Article: Bankers Crashed the Economy - Now They Want to Be Your Landlord by Rebecca Burns, Michael Donley, and Carmilla Manzanet, Moyers & Company, April 2, 2014. Article: 'Backdoor bailout' boosts Puerto Rico's revenues, Bond News, Reuters, February 10, 2014. Article: Economy and Crime Spur New Puerto Rican Exodus by Lizette Alvarez, The New York Times, February 8, 2014. Article: Everything You Need to Know About the Territories of the United States, Everything Everywhere, June 27, 2013. Document: Puerto Rico's Political Status and the 2012 Plebiscite: Background and Key Questions by R. Sam Garrett, Congressional Research Service, June 25, 2013. GAO Report: Economic Impact of Jones Act on Puerto Rico's Economy by Jeffry Valentin-Mari, Ph.D. and Jose I. Alameda-Lozada, Ph.D. April 26, 2012. Article: Massive Puerto Rico pipeline triggers debate by Danica Coto, The San Diego Union-Tribune, May 14, 2011. Article: Island residents sue U.S., saying military made them sick by Abbie Boudreau and Scott Bronstein, CNN, February 1, 2010. Article: At Riggs Bank, A Tangled Path Led to Scandal by Timothy L. O'Brien, The New York Times, July 19, 2004. Case Study: Money Laundering and Foreign Corruption: Enforcement and Effectiveness of the Patriot Act by the Minority Staff of the Permanent Subcommittee on Investigations, United States Senate, July 15, 2004. Article: MIT to Pay Victims $1.85 Million in Fernald Radiation Settlement by Zareena Hussain, The Tech, January 7, 1998. Article: Police Drop Bomb on Radicals' Home in Philadelphia by William K. Stevens, The New York Times, May 14, 1985. References U.S. Energy Information Administration Puerto Rico Territory Energy Profile Puerto Rico Territory Profile and Energy Estimates Average Price of Electricity to Ultimate Customers by End-Use Sector Video: 1985 Philadelphia MOVE bombing This Day in History: March 2, 1917: Puerto Ricans become U.S. citizens, are recruited for war effort FBI Files Pedro Albizu Campos - includes letter about his radiation torture Pedro Albizu Campos - full files Luis Munoz-Marin 1986 Congressional Report: US Army & US Atomic Energy Commission radiation experiments on US citizen prisoners 1995 Dept of Energy Report: Human Radiation Experiments OpenSecrets Excelerate Energy: Profile for 2016 Election Cycle Crowley Maritime Excelerate Energy Company website Lobbying Report American Maritime Partnership Company website Lobbying Report Financial Oversight and Management Board for Puerto Rico Control Board Website Control Board Document List Website: Puerto Rico Tax Incentives Law 20: Export Services Act Law 22: Individual Investors Act Department of Economic Development & Commerce: Act 73: Economic Incentives for the Development of Puerto Rico 26 US Code 936: Puerto Rico and possession tax credit IRS: Expatriation Tax Forbes Company Profiles Johnson & Johnson Pfizer GlaxoSmithKline Travelponce.com: Ponce Massacre Museum Sound Clip Sources Hearing: Oversight Hearing on The Status of the Puerto Rico Electric Power Authority (PREPA) Restructuring Support Agreement, Subcommittee on Indian, Insular and Alaska Native Affairs, March 22, 2017. Witnesses Panel I The Honorable Ricardo Rossello, Governor of Puerto Rico Mr. Gerardo Portela-Franco, Executive Director - Puerto Rico Fiscal Agency and Financial Advisory Authority Panel 2 Mr. Jose B. Carrion III, Chairman - Financial Oversight and Management Board of Puerto Rico Mr. Luis Benitez Hernandez, Chairman - PREPA Governing Board Mr. Stephen Spencer, Managing Director - Houlihan Lokey Mr. Adam Bergonzi, Managing Director & Chief Risk Officer - National Public Finance Guarantee Corporation Mr. Rob Bryngelson, President & CEO - Excelerate Energy Ms. Ana J. Matosantos, Member of Financial Oversight and Management Board of Puerto Rico Interview: Interview with Luis M. Balzac, March 7, 2017. Luis: Puerto Ricans in Puerto Rico, contrary to common opinion, we do pay some federal taxes. What we don't pay is federal income tax. Jen: Okay. Luis: So we don't pay federal income tax. However, Puerto Ricans pay Medicare at the same rate that you pay in San Francisco/California. Jen: Do Puerto Ricans get the same benefits that I get in San Francisco? Luis: No, we do not get the same benefits that you get in San Francisco. Jen: Oh. Luis: So, for example, there are states like California, New York, and other states that I believe get about an 83 percent federal subsidy for Medicare expenses. There are other states—and I realize I'm being recorded, but don't quote me on it. This you can check, also, very easily— Jen: Sure. Luis: Other states—I think it's Tennessee— Jen: And you don't have to give me exact numbers. Just go ahead and, like, big picture, tell me the situation. Luis: Got it. Jen: Yeah. Luis: Even better. So, there are states like California and New York that get about 80-some percent of reimbursement on their major expenses from the federal government. There are other states that get less. I think Tennessee gets less; I think Tennessee gets, like, 50-some percent. Puerto Rico, I think it gets about 23 percent. Jen: Oh, god. Luis: It's important to understand that, where does the other—if we use 23 percent as an example for Medicare—where does the other 77 percent come from? State funding. Jen: Okay. Luis: So, please understand that if you move to Puerto Rico as a U.S. citizen, and you, for any reason, need Medicare, and you go to the hospital, those hospitals that you go to have to comply with MCS, which is part of HHS—Health and Human Services. And you have to comply with all the regulations and requirements of a hospital to be reimbursed and enjoy federal dollars. However, that institution/Puerto Rico is only getting cents on the dollar compared to other states, but someone needs to make up for that short fall. Jen: Yeah. Luis: The state does. Jen: Well— Luis: That lack of equality translates to Puerto Rico's budget. Luis: I'm a proud American, and I will defend our country wherever I go. Jen: Mm-hmm. Luis: But I'm also a realist. I cannot expect Congress to give the people in Puerto Rico a fair share of the pie when we don't have a delegation sitting at the table when the pie is divided. Luis: When I ran the office of the governor of Puerto Rico in New York, and we were lobbying to be included into the Affordable Care Act, my biggest argument, when I met with members of the Senate or the House, in states that had a large Puerto Rican population—Connecticut, New York, New Jersey, by way of example—my point to these members of Congress was, I need your help; I need you to be a voice to Puerto Rico to be included in the Affordable Care Act. And the staff would be like, are you kidding me, Luis? That is none of our business. And I will be like, well, let me—give me an opportunity to maybe convince you that it is your business. The problem is— Jen: Yeah, because you'll pay for them when they come here. Luis: —you will pay for it. And by the way, we don't even have a way to qualify because guess what, a lot of them are coming in, getting services, and going back to Puerto Rico once they're done. Some are staying— Jen: Yeah, that's what I would do. Luis: Some are staying, but others are just coming here, and you have no way of qualifying and quantifying it because they're United States citizens. You can't stop it. Jen: Yeah— Luis: And how could you blame them? How could you blame them if Puerto Rico does not have the facilities to treat a cancer or SSI or any other initiative and my mother is risking her life? I'm going to take her to Orlando— Jen: Mm-hmm. Luis: —without a doubt. Jen: Yeah. Luis: I will say that Puerto Rico, even though we have all the issues that you and I have been talking about, we are still part of the United States, and it's somewhat similar to the changes that we see here, stateside, in the contiguous 48 states, where I would say that from coast to coast, from Florida to California, I think the middle class in the United States has been shrinking. Jen: Mm-hmm. Luis: Likewise in Puerto Rico. Jen: Okay. Luis: But I would say that it is more like the United States, and we are not like Latin America and other third-world jurisdictions. We have a decent-size middle class because we don't have the IRS because we are not paying federal income tax. There is in Puerto Rico a large underground economy where people work on the side, get paid in cash, and don't report their earnings to the—there's no IRS—or to the local version of the IRS which is the Treasury Department. So, what you have in Puerto Rico is that you see somewhat of a thriving economy. So those people that are in commercial real estate and they're doing business with big national chains like Macy's and JCPenney and all that stuff, you will see in Puerto Rico sales records being broken and people spending a lot of money in the island. So, it's not like the Dominican Republic. Even people in the projects that are subsidized by state and federal dollars, you can see that they have a/c in the walls, the projects are made out of cement, and you will be able to see all that when you go there in person. So, when you drive around Puerto Rico, all over the island, it is nothing like the Dominican Republic. We are way better, and— Jen: Well, I've never been there, either, so a comparison doesn't really… Luis: Yeah. We are way better—and I realize that I'm about to contradict myself, okay?—we are way better, and it is thanks to the United States. So even though inequality has got all these problems and it's affected the debt and all that stuff and we are looking now at serious issues, Puerto Rico is still better than—I will never move to Cuba because I think Cuba is better than Puerto Rico, so I get it— Puerto Rico is United States, and we're doing better than most. Jen: So that brings me to the control board, because now we have Puerto Ricans saying on paper, no doubt, we want to become a state, and yet Congress just did this thing where your government, your state government, or closest thing—what do you call it? Territorial government? Luis: Yeah. Jen: Is that the proper phrase? Luis: Territory. Jen: Okay. Luis: Yeah. Jen: So your territorial government was, basically just taken over by this weird board that has some dictatorial powers. Is there any one in Puerto Rico that's happy about this? Is there something I'm not seeing? Luis: Yeah. Okay, so, I'm going to compare that. First of all, let's be fair, and we're not the first jurisdiction that, let's say, enjoys the benefit of a control board, because D.C., New York City, have both had it in different jurisdiction relationships, but they did, and it helped. Okay? Jen: O-kay. Luis: The difference between New York City is the following: you have a city that imposed a board by the state. So people in the city of New York, even though they had a control board years back, they had a control board what was decided by politicians who they elected. Jen: Yeah. Luis: Okay? Jen: Mm-hmm. Luis: So, that makes it—but it's still the same in that you have a higher jurisdiction imposing a control board for fiscal reasons over a lower jurisdiction. Correct? Jen: Yes. Luis: And then you have D.C. They also had a control board, and the list goes on and use the federal government, if I'm not mistaken. So there you have a jurisdiction of a federal imposing in D.C., which is not independent. Now, let me tell you where emotions can go a little crazy here. And remember I'm a stakeholder; I'm pro American. Jen: Yeah. Luis: However, we did not invite the United States of Amer…

Full show notes at the publisher

CD146: Repeal & Replace Mar 13, 2017

Show notes

"Repeal & Replace" is on the move! The American Health Care Act is the Republican plan to partially repeal the Affordable Care Act and it is quickly moving through Congress. In this episode, discover exactly what the bill would do if it were to become law. Also, Jen gives status updates on bills listeners are concerned about. Please support Congressional Dish: Click here to contribute with PayPal or Bitcoin Click here to support Congressional Dish for each episode via Patreon Mail Contributions to: 5753 Hwy 85 North #4576 Crestview, FL 32536 Thank you for supporting truly independent media! Recommended Congressional Dish Episodes CD048: The Affordable Care Act (Obamacare) Bill Outline Read The Bill: The "Repeal & Replace" of The Affordable Care Act Part 1 Summary: House Energy & Commerce Summary Part 2 Summary: House Ways & Means Committee Summary The "Repeal & Replace" of The Affordable Care Act: First Draft Title I - Energy & Commerce Subtitle A - Patient Access to Public Health Programs Sec. 101: Defunds the Prevention and Public Heath Fund at the end of 2018 Sec. 103: Prohibits any Federal funding for any non-profit that performs abortions for a year Subtitle B - Medicaid Program Enhancement Sec. 111: Reduces Medicaid funding Sec. 112: Repeals the Medicaid expansion Sec. 112 (c): Repeals the requirement that Medicaid cover "essential health benefits" as of January 1, 2020. Sec. 114: Prevents Medicaid for lottery winners Sec. 115: Gives $10 billion extra to the "non-expansion States" Sec. 116: Forces States to verify Medicaid eligibility every six months, gives them more enforcement money, and allows $20,000 fines for ineligible people who get Medicaid benefits. Subtitle C - Per Capita Allotment for Medical Assistance Sec. 121: Caps Medicaid funding on a per capita basis. States that spend too much one year will have their Medicaid cut more the following year. Subtitle D - Patient Relief and Health Insurance Market Stability Sec. 131: Repeals the lower out-of-pocket limits for low-income people effective in 2020 Sec 132: Creates a $15 billion a year fund (which is reduced to $10 billion a year starting in 2020) for propping up the health insurance market by paying for "high risk" sick people Sec. 133: Starting in 2019, people who purchase insurance after a coverage gap of 63 days will be charged a 30% penalty for a year. The insurance companies get to keep all the extra money. Sec. 134: The requirements that bronze, silver, gold, platinum level plans exist and must cover certain percentages of expenses and "essential health benefits" are repealed effective January 1, 2020. Sec. 135: Allows insurance companies to charge older people five times more than younger people (they're currently allowed to charge three times more) Part 2: Tax Provisions Prepared by the Ways and Means Committee (page 67) Page 67: Remuneration from Certain Insurers Starting in 2018, insurance companies can get tax deductions on employee pay between $500,000 and $1 million. Page 68: Repeal of Tanning Tax Starting in 2018, the 10% tax on indoor tanning is repealed. Page 69: Repeal of Tax on Prescription Medications Starting in 2018, a fee paid by pharmaceutical manufacturers & distributors will be repealed This will save the industry $2.8 billion per year Page 69: Repeal of Health Insurance Tax Starting in 2018, a fee on large health insurance companies, which is tied to and increases with premium growth rates, would be repealed. This will save the industry approximately $14 billion per year Page 70: Repeal of Net Investment Income Tax Starting in 2018, a 3.8% tax on net income from stock market investments over $200,000 will be repealed Page 71 (Section 1): Recapture Excess Advance Payments of Premium Tax Credits Starting in 2018, the limits on the amount of advanced-paid tax credits that can be taken back from low income people will be repealed. Page 71 (Section 2): Additional Modifications to Premium Tax Credit Allows tax credits to be used on "catastrophic-only" health insurance plans that are not listed on the exchanges and prohibits tax credits for any plan that covers abortions. Page 80 (Section 3): Premium Tax Credit Repeals tax credits for premiums starting in 2020. Page 81 (Section 4): Small Business Tax Credit Repeals the tax credit for employers with fewer than 25 employees who want to provide health benefits to their employees starting in 2020 and prohibits tax credits for any health plan that covers abortion. Page 84 (Section 5): Individual Mandate Reduces the tax penalties for failing to purchase insurance to $0 and back dates it to be effective in 2016. Page 84 (Section 6): Employer Mandate Reduces the tax penalties for employers who fail to provide health benefits to their employees to $0 and back dates it to be effective in 2016. Page 85 (Section 7): Repeal of the Tax on Employee Health Insurance Premiums and Health Plan Benefits Delays the start of a tax on insurance companies which charges a 40% excise tax on "Cadillac plans", which charge premiums more than $10,200/year ($850/month) for individuals until 2025. The 40% is only on the extra premiums charges above the cap. Currently aren't scheduled to take effect until 2020. Page 85 (Section 8): Repeal of Tax on Over-The-Counter Medications Starting in 2018, over-the-counter drugs can be purchased with Health Savings Accounts (HSA). Page 86 (Section 10): Repeal of Limitations on Contributions to Flexible Savings Accounts Starting in 2018, the $2,500 limit on the amount that can be taken out of an employee's paycheck for employer health plans that use "flexible savings accounts" is repealed starting in 2018. Page 87 (Section 11): Repeal the Medical Device Tax Starting in 2018, repeals a 2.3% tax, paid by manufacturers or importer, on sales of medical devices that are not generally purchased by the general public at retail stores. Part 89 (Section 14): Repeal of Medicare Tax Increase Summary says that this section should change the tax for Medicare Hospital Insurance, but the text to be inserted is identical to current law Repeal Bill Current Law Page 90 (Section 15): Refundable Tax Credit for Health Insurance Creates a new tax credit structure tied to age instead of income for people making under $75,000 per year (the credits gradually reduce the more you make over $75,000) Under age 30: $2,000/yr Ages 30-40: $2,500/yr Ages 40-49: $3,000/yr Ages 50-59: $3,500/yr Over age 60: $4,000/yr The credits are capped at $14,000 per family for the five oldest individuals Page 120 (Section 16): Maximum Contribution Limit to Health Savings Account Increased to Amount of Deductible and Out-of-Pocket Limitation Starting in 2018, increases the amount than can be put in Health Savings Accounts Individual contribution limit raised from $2,250 to $5,000 per year. Family contribution limit raised from $4,500 to $10,000. Bills Discussed in this Episode H.J. Res 58: Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Education relating to teacher preparation issues Kills a rule that assesses the quality of teacher preparation programs H.J. Res 69: Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the final rule of the Department of the Interior relating to "Non-Subsistence Take of Wildlife, and Public Participation and Closure Procedures, on National Wildlife Refuges in Alaska" Kills an Interior Dept. rule that limits hunting of animals not intended to be food in Alaska. H.R. 720: Lawsuit Abuse Reduction Act of 2017 Forces courts to sanction lawyers for filing lawsuits deemed improper. H.R. 725: Innocent Party Protection Act Changes the procedures for state lawsuits being heard in Federal court. H.R. 985: Fairness in Class Action Litigation Act of 2017 Class action lawsuits could only go forward if each person suffered the same type and scope of injury. H.R. 38: Concealed Carry Reciprocity Act of 2017 Allows people to carry concealed handguns in other states that issue concealed carry permits, in school zones, and on federally owned public land. H.R. 83: Mobilizing Against Sanctuary Cities Act Cuts off federal funds to cities that refuse to give the feds information about undocumented immigrants. H.R. 147: Prenatal Nondiscrimination Act (PRENDA) of 2017 Applies fines and up to five years in prison to any doctor that tries to perform an abortion or helps a woman get an abortion if they know it's because of the sex or race of the child. H.R. 354: Defund Planned Parenthood Act of 2017 Prohibits funding for Planned Parenthood for a year unless they promise to not perform abortions. Gives money to community health centers instead. H.R. 610: To distribute Federal funds for elementary and secondary education in the form of vouchers for eligible students and to repeal a certain rule relating to nutrition standards in schools Repeals the Elementary & Secondary Education Act of 1965, which was enacted as a part of Pres. Lyndon Johnson's 'War on Poverty', which is a commitment to equal access to quality education by giving money to low-income districts. Creates a voucher program that will give parents tax money to send their kids to private schools or home school Repeals nutrition standards for foods served in the school lunch and breakfast programs. H.R. 756: Postal Service Reform Act of 2017 Changes the postal service health benefits program and pension funding Changes post office operations: Stops door delivery to new addresses and changes how rates are determined in a way that doesn't create an unfair competitive advantage for the post office H.R. 785: National Right-to-Work Act Prevents labor unions from forcing workers to pay dues (bankrupts unions by forcing them to provide services to non-paying workers) H.R. 861: To terminate the Environmental Protection Agency. Ends the EPA in 2019 H.R. 881: AMP Act Amends copyright law to provide royalties to music producers, mixers, or sound engineers H.R. 899: To terminate the Department of Education S. 376/H.R. 1273: 21st Century Endangered Species Transparency Act To amend the Endangered Species Act of 1973 to require publication of the basis for determinations that species are endangered species or threatened species. Additional Reading Article: Republicans Give Rich Investors a Tax Break in Obamacare Revamp by Ben Steverman, Bloomberg, March 8, 2017. Article: ACA Repeal Would Mean Massive Cuts To Public Health, Leaving Cities And States At Risk by Chrissie Juliano, Health Affairs Blog, March 7, 2017. Article: Health insurance companies would get $1 billion or more windfall under GOP Obamacare replacement plan by Dan Mangan, CNBC, March 7, 2017. Article:The Republican Health-Care Bill Is the Worst of So Many Worlds by David Dayen, The Nation, March 7, 2017. Article: Health insurance industry rakes in billions while blaming Obamacare for losses by Amy Martyn, Consumer Affairs, November 1, 2016. References GovTrack: Bills and Resolutions Health Savings Accounts: HSA Benefits News Release: UnitedHealth Group 2016 Financial Results OpenSecrets: Rep. Greg Walden: Campaign Finance - Summary OpenSecrets: Rep. Greg Walden: Campaign Finance - Industries OpenSecrets: Rep. Jason Chaffetz: Campaign Finance Summary OpenSecrets: Rep. Kevin Brady: Campaign Finance - Summary OpenSecrets: Rep. Kevin Brady: Campaign Finance - Industries OpenSecrets: Rep. Paul Ryan: Campaign Finance - Summary OpenSecrets: Rep. Paul Ryan: Campaign Finance - Industries OpenSecrets: Interest Groups Overview OpenSecrets: Insurance Lobbying Contributions OpenSecrets: Tobacco: Money to Congress U.S. Department of Health & Human Services: 2015 Poverty Guidelines Sound Clip Sources Press Conference: Speaker Paul Ryan's Presentation on the American Health Care Act, YouTube, March 9, 2017. Hearing: Ways and Means Committee Markup of Affordable Care Act Replacement Bill, March 8, 2017. Watch on CSPAN: Part 1 - Part 2 - Part 3 - Part 4 Hearing: Energy and Commerce Committee Markup of Affordable Care Act Replacement Bill, March 8, 2017. Watch on CSPAN CSPAN Timestamps & Transcripts 13:24 Rep. Kathy Castor: This bill was released less than 48 hours ago without a bipartisan Congressional Budget Office score, so we don't know how much it's going to cost. Experts say it's going to add to the deficit. We don't know how many people are going to lose their insurance and how high the uninsured rate will go up in America because of this bill, because they didn't take the time to wait, to see what that CBO score said. 3:05:25 Rep. Steve Scalise: We've asked CBO, by the way, for a score. Anybody who thinks we're going to just wait and let some unelected bureaucrats in Washington stop us from following through on our promise to the American people that we're going to repeal this failed law and finally rescue them from the double-digit increases in premiums and from the $10,000 and more in deductibles and all the other things that have destroyed good healthcare for them, we're going to keep moving forward and fulfill that promise because the American people expect us to do it, they want us to do it, and CBO's eventually going to come up with a score before it goes to budget committee, before it goes to the House floor. But in the meantime, if they can't get the score out there, we're still going to move forward and follow through on that promise. 3:15:10 Rep. Joe Barton: We're all God's children; we all want a CBO score. It's not our fault that the CBO's sitting on their bottom and not helping us. 8:35:34 Rep. Gus Bilirakis:We should be making it easier for small businesses to grow and succeed, not harder. 9:10:35 Rep. Frank Pallone: The problem that I see, though, is that—so, you and the others continue to talk about how bad the ACA is, and my point earlier when I mentioned you by name was because I'd like to see how you feel that your bill is going to improve any of these things. Now you mentioned deductibles. The way I read this bill—I'm not going to ask counsel because I read it, and I think it's clear—the restrictions that we put on—or that have made it more difficult to increase deductibles with a private-insurance market, a lot of those are relaxed now. So I would venture to argue that if you have someone who's complaining about deductibles, those deductibles are going to go up even more. Rep. John Shimkus: Yeah, but if I reclaim my time because, as you know, we've got two bills moving through the write at the same process that the benefit of what's going on now is you talk to our friends in Ways and Means is the strong development of health savings accounts, which fills that gap, right? You buy insurance for a higher cost. If you live healthy lifestyles, you'll be able to roll that over, the catastrophic number gets better, your payments get less if you believe in markets and competition. 10:16:45 Rep. Mike Doyle: I'm not sure what the gentleman is talking about when he talks about mandates. What mandate in the Obamacare bill does he take issue with? Certainly not with preexisting conditions or caps on benefits or letting your child stay on the policy to 26. So I'm curious, what is it we're mandating— Rep. John Shimkus: Will the gentlemen yield? Doyle: Yeah, sure. Shimkus: What about men having to purchase prenatal care? Doyle: That—what— Shimkus: I'm just— Doyle: Every—that's very— Shimkus: Is that not correct? Doyle: I—reclaiming my time. Shimkus: And should they? Doyle: Reclaiming my time. Chairman Greg Walden: Whoa, whoa, whoa— Doyle: There's no such thing— Walden: —whoa, whoa, whoa. Doyle: —as à la carte— Walden: Regular order. Doy…

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CD145: Price of Health Care Feb 26, 2017

Show notes

Former Congressman Tom Price is our new Secretary of Health and Human Services, making him the chief law enforcement officer of health care policy in the United States. In this episode, hear highlights from his Senate confirmation hearings as we search for clues as to the Republican Party plans for repealing the Affordable Care Act. We also examine the 21st Century Cures Act, which was signed into law in December. Please support Congressional Dish: Click here to contribute with PayPal or Bitcoin Click here to support Congressional Dish for each episode via Patreon Mail Contributions to: 5753 Hwy 85 North #4576 Crestview, FL 32536 Thank you for supporting truly independent media! Recommended Congressional Dish Episodes CD048: The Affordable Care Act (Obamacare) CD123: Health or Profits Bill Outline H.R. 34: 21st Century Cures Act Bill Highlights Title I: Innovation Projects & State Response to Opioid Abuse Authorizes funding for research programs, if money is appropriated Authorizes $1 billion for grants for States to deal with the opioid abuse crisis The effects of this spending on the Pay as you Go budget will not be counted Title II: Discovery Creates privacy protections for people who participate as subjects in medical research studies Orders the Secretary of Health and Human Services to a do a review of reporting regulations for researchers in search of regulations to cut, including regulations on reporting financial conflicts of interest and research animal care. Allows contractors to collect payments on behalf of the Secretary of Health and Human Services Title III: Development Gives the Secretary of Health and Human Services additional data options for approving drug applications Expedites the review process for new "regenerative advanced therapy" drugs, which includes drugs "intended to treat, modify, reverse or cure a serious or life-threatening disease or condition" or is a therapy that involves human cells. Allows antibacterial and antifungal drugs to be approved after only being tested on a "limited population" The drugs will have have a "Limited Population" label Speeds up the FDA approval process for new medical devices that help with life-threatening or irreversibly debilitating conditions and that have no existing alternatives. Devices addressing rare diseases or conditions are allowed be approved with lower standards for effectiveness; this provision expands the definition of "rare" by doubling the number of people affected from 4,000 to 8,000. Each FDA employee involved in drug approvals will get training for how to make their reviews least burdensome. Title IV: Delivery The new Secretary of Health and Human Services will have to develop a strategy to "reduce regulatory and administrative burdens (such as doucmentation requirements) relating to the use of electronic health records" Prohibits health information technology developers from certification if their system allows information blocking. Developers, networks, or exchanges caught blocking information can be fined $1 million per violation. "Public-private partnerships" will develop the rules for exchanging health record information. Creates a job in the Medicare & Medicaid Services department for an investigator of pharmaceutical and medical device manufacturer complaints. Title V: Savings Reduced funding for the Prevention and Public Health Fund Sells more oil from the Strategic Petroleum Reserve Title VII: Ensuring Mental and Substance Use Disorders Prevention, Treatment, and Recovery Programs Keep Pace With Technology Authorizes money to be used for mental health services and substance abuse treatment Title IX: Promoting Access to Mental Health and Substance Use Disorder Care Creates a telephone and online service to help people locate mental health services and substance abuse treatment centers. Title XIV: Mental health and safe communities Creates a pilot program to test the idea of having court cases with mentally ill defendants heard in "drug or mental health courts" Title XVII: Other Medicare Provisions Prevents the government from canceling contracts with Medicare Advantage organizations due to their failure to achieve a minimum quality rating before 2019. Additional Reading Article: Trump's HHS Nominee Got A Sweetheart Deal From A Foreign Biotech Firm by Jay Hancock and Rachel Bluth, Kaiser Health News, February 13, 2017. Article: Tom Price belongs to a doctors group with unorthodox views on government and health care by Amy Goldstein, The Washington Post, February 9, 2017. Article: New stock questions plague HHS nominee Tom Price as confirmation vote nears by Jayne O'Donnell, USA Today, February 8, 2017. Article: HHS Pick Price Made 'Brazen' Stock Trades While His Committee Was Under Scrutiny by Marisa Taylor and Christina Jewett, Kaiser Health News, February 7, 2017. Article: Tom Price, Dr. Personal Enrichment by David Leonhardt, The New York Times, February 7, 2017. Article: Donald Trump's Cabinet Pick Invested in 6 Drug Companies Before Medicare Fight by Sam Frizell, TIME, January 17, 2017. Article: First on CNN: Trump's Cabinet pick invested in company, then introduced a bill to help it by Manu Raju, CNN, January 17, 2017. Publication: How Repealing Portions of the Affordable Care Act Would Affect Health Insurance Coverage and Premiums, Congressional Budget Office, January 17, 2017. Article: Under 21st Century Cures legislation, stem cell advocates expect regulatory shortcuts by Kelly Servick, Science, December 12, 2016. Article: Highlights of Medical Device Related Provision in the 21st Century Cures Act by Jeffrey K. Shapiro and Jennifer D. Newberger, FDA Law Blog, December 8, 2016. Article: Republicans reach deal to pass Cures Act by end of year, but Democrats pushing for changes by Sheila Kaplan, STAT, November 27, 2016. Article: Introduction to Budget "Reconciliation" by David Reich and Richard Kogan, Center on Budget and Policy Priorities, November 9, 2016. Article: PhRMA companies push hard on House bill to ease testing of new drugs by Alex Lazar, OpenSecrets.org, June 16, 2015. References Financial Disclosure: Periodic Transaction Report: Thomas Price, United States House of Representatives, September 6, 2016. OpenSecrets: Senator Mitch McConnell 42 U.S. Code: Office of the National Coordinator for Health Information Technology, Cornell University Law School. Senate Vote: H.R. 34: 21st Century Cures Act Innate Immunotherapeutics:Top 20 Shareholders Innate Immunotherapeutics: Company Overview GovTrack: H.R. 4848 (114th): HIP Act Sound Clip Sources Hearing: Health and Human Services Secretary Confirmation, Senate Health, Education, Labor and Pensions Committee, January 18, 2017 (Part 1) and January 24, 2017 (Part 2). Watch on CSPAN Part 1 Part 2 Timestamps & Transcripts Part 1 47:45 Senator Patty Murray: I want to review the facts. You purchased stock in Innate Immunotherapeutics, a company working to develop new drugs, on four separate occasions between January 2015 and August 2016. You made the decision to purchase that stock, not a broker. Yes or no. Tom Price: That was a decision that I made, yes. Murray: You were offered an opportunity to purchase stock at a lower price than was available to the general public. Yes or no. Price: The initial purchase in January of 2015 was at the market price. The secondary purchase in June through August, September of 2016 was at a price that was available to individuals who were participating in a private-placement offering. Murray:It was lower than was available to the general public, correct? Price: I don't know that it was. It was the same price that everybody paid for the private-placement offering. Murray: Well, Congressman Chris Collins, who sits on President-elect Trump's transition team, is both an investor and a board member of the company. He was reportedly overheard just last week off the House floor, bragging about how he had made people millionaires from a stock tip. Congressman Price, in our meeting, you informed me that you made these purchases based on conversations with Representative Collins. Is that correct? Price: No. What I— Murray: Well, that is what you said to me in my office. Price: What I believe I said to you was that I learned of the company from Congressman Collins. Murray: What I recall our conversation was that you had a conversation with Collins and then decided to purchase the stock. Price: No, that's not correct. Murray: Well, that is what I remember you hearing it—say—in my office. In that conversation, did Representative Collins tell you anything that could be considered "a stock tip?" Yes or no. Price: I don't believe so, no. Murray: Well, if you're telling me he gave you information about a company, you were offered shares in the company at prices not available to the public, you bought those shares, is that not a stock tip? Price: Well, that's not what happened. What happened was that he mentioned—he talked about the company and the work that they were doing in trying to solve the challenge of progressive secondary multiple sclerosis which is a very debilitating disease and one that I— Murray: I'm well aware of that, but— Price: —had the opportunity to treat patients when I was in practice. Murray: I'm aware— Price: I studied the company for a period of time and felt that it had some significant merit and promise, and purchased the initial shares on the stock exchange itself. Murray: Congressman Price, I have very limited time. Let me go on. Your purchases occurred while the 21st Century Cures Act, which had several provisions that could impact drug developers like Innate Immunotherapeutics, was being negotiated, and, again, just days before you were notified to prepare for a final vote on the bill. Congressman, do you believe it is appropriate for a senior member of Congress actively involved in policymaking in the health sector to repeatedly personally invest in a drug company that could benefit from those actions? Yes or no. Price: Well, that's not what happened. 1:06:50 Senator Bernie Sanders: The United States of America is the only major country on earth that does not guarantee healthcare to all people as a right. Canada does it; every major country in Europe does it. Do you believe that healthcare is a right of all Americans, whether they're rich or they're poor? Should people, because they are Americans, be able to go to the doctor when they need to, be able to go into a hospital, because they are Americans? Tom Price: Yes. We're a compassionate society— Sanders: No, we are not a compassionate society. In terms of our relationship to poor and working people, our record is worse than virtually any other country on earth; we have the highest rate of childhood poverty of any other major country on earth; and half of our senior, older workers have nothing set aside for retirement. So I don't think, compared to other countries, we are particularly compassionate. But my question is, in Canada, in other countries, all people have the right to get healthcare, do you believe we should move in that direction? Price: If you want to talk about other countries' healthcare systems, there are consequences to the decisions that they've made just as there are consequences to the decision that we've made. I believe, and I look forward to working with you to make certain, that every single American has access to the highest-quality care and coverage that is possible. Sanders: "Has access to" does not mean that they are guaranteed healthcare. I have access to buying a ten-million-dollar home; I don't have the money to do that. Price: And that's why we believe it's appropriate to put in place a system that gives every person the financial feasibility to be able to purchase the coverage that they want for themselves and for their family, again, not what the government forces them to buy. Sanders: Yeah, but if they don't have any—well, it's a long dissert. Thank you very much. Price: Thank you. 1:46:34 Senator Michael Bennet: So, I ask you, sir, are you aware that behind closed doors Republican leadership wrote into this bill that any replacement to the Affordable Care Act would be exempt from Senate rules that prohibit large increases to the deficit? Tom Price: As you may know, Senator, I stepped aside as chairman of the budget committee at the beginning of this year, and so I wasn't involved in the writing of— Bennet: You have been the budget committee chairman during the rise of the Tea Party; you are a member of the Tea Party Caucus; you have said over and over again, as other people have, that the reason you've come to Washington is to reduce our deficit and reduce our debt. I assume you're very well aware of the vehicle that is being used to repeal the Affordable Care Act. This is not— Price: Yes. Bennet: —some small piece of legislation. This is the Republican budget. Price: Yes, I'm aware of the bill. Yes. Bennet: But do you support a budget that increases the debt by $10 trillion? Price: No. What I support is an opportunity to use reconciliation to address the real challenges in the Affordable Care Act and to make certain that we put in place at the same time a provision that allows us to move the healthcare system in a much better direction— Bennet: Do you support the budget that was passed by the Senate Republicans— Price: I support— Bennet:—to repeal the Affordable Care Act that adds $10 trillion of debt to the budget deficit? Price: Well, the reconciliation bill is yet to come. I support the process that allows for and provides for the fiscal year '17 reconciliation bill to come forward. 2:38:37 Senator Chris Murphy: But do you direct your broker around ethical guidelines? Do you tell him, for instance, not to invest in companies that are directly connected to your advocacy? Because it seems like a great deal: as a broker, he can just sit back, take a look— Tom Price: She. Murphy: —at the positions that you're taking— Price: She. She can sit back. Murphy: She can—she can sit back— Price: Yeah. Murphy: —in this case—look at the legislative positions you're taking, and invest in companies that she thinks are going to increase in value based on your legislative activities, and you can claim separation from that because you didn't have a conversation. Price:Well, that's a nefarious arrangement that I'm really astounded by. The fact of the matter is that I have had no conversations with my broker about any political activity at all, other than her— Murphy: Then why wouldn't you tell her— Price: —other than her congratulating— Murphy: Why— Price: —me on my election. Murphy: But why wouldn't you at least tell her, "Hey, listen; stay clear of any companies that are directly affected by my legislative work"? Price: Because the agreement that we have is that she provide a diversified portfolio, which is exactly what virtually every one of you have in your investment opportunities, and make certain that in order to protect one's assets that there's a diversified arrangement for purchase of stocks. I knew nothing about— Murphy: But you couldn't have— Price: —those purchases. Murphy: But you couldn't have a diversified portfolio while staying clear of the six companies that were directly affected by your work on an issue? Price: Well, as I said, I didn't have any knowledge of those purchases. Murphy: Okay. 2:54:20 Senator Elizabeth Warren: One of the companies—it's the company raised by Mr. Franken, Senator Franken—and that is Zimmer Biomet. They're one of the world's leading manufacturers of hip and knees, and they make more money if they can charge higher prices and sell mo…

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CD144: Trump's War Manufacturers Feb 12, 2017

Show notes

Defense Secretary General James Mattis, Secretary of State Rex Tillerson, and CIA Director Mike Pompeo have been confirmed by the Senate and are now the most powerful influencers of foreign policy in the Trump Administration. In this episode, we examine their worldviews by investigating their pre-Trump Administration experience as corporate titans and hearing critical highlights from their confirmation hearings. Please support Congressional Dish: Click here to contribute with PayPal or Bitcoin Click here to support Congressional Dish for each episode via Patreon Mail Contributions to: 5753 Hwy 85 North #4576 Crestview, FL 32536 Thank you for supporting truly independent media! Recommended Congressional Dish Episodes CD055: Three Bills for Fossil Fuels CD067: What Do We Want In Ukraine? CD102: The World Trade Organization: COOL? CD108: Regime Change CD117: Authorization for Limitless War CD118: How to Get Your Name on the Ballot CD131: Bombing Libya CD136: Building WWIII South China Sea Map Image Credit: U.S. Energy Information Administration Israeli Settlements and Outposts Image Credit: Vox Additional Reading Article: Israeli Allies Condemn Settlement Law as Lawsuits Loom by the Associated Press, The New York Times, February 7, 2017. Trumps Makes Right Turn on Iran by Rebecca Kheel, The Hill, February 4, 2017. Article: Rex Tillerson Backs Aggressive Policy in Disputed South China Sea as Exxon, Russia Eye Region's Oil and Gas by Steve Horn, Desmog, February 2, 2017. Article: Iran To Ditch The Dollar In Wake Of Trump's 'Muslim Ban' by Dominic Dudley, Forbes, January 30, 2017. Article: Iran to Ditch US Dollar in Official Reports, Financial Tribune, January 30, 2017. Article: What it's like in the 7 countries on Trump's travel ban list by Angela Dewan and Emily Smith, CNN, January 30, 2017. Article: Exxon-Vietnam gas deal to test Tillerson's diplomacy by Helen Clark, Asia Times, January 23, 2017. Document: Questions For The Record: Representative Mike Pompeo, U.S. Senate, January 18, 2017. Op-Ed: America dropped 26,171 bombs in 2016. What a bloody end to Obama's reign by Medea Benjamin, The Guardian, January 9, 2017. Article: How Exxon, under Rex Tillerson, won Iraqi oil fields and nearly lost Iraq by Missy Ryan and Steven Mufson, The Washington Post, January 9, 2017. Document: Assessing Russian Activities and Intentions in Recent US Elections, Office of the Director of National Intelligence, January 6, 2017. Article: Secretary Of State Appointee Rex Tillerson Reaches $180 Million Severance Deal With Exxon by Dan Alexander, Forbes, January 4, 2017. Article: The growth of Israeli settlements, explained in 5 charts by Jennifer Williams and Javier Zarracina, Vox, December 30, 2016. Article: What UN Vote on Israeli Settlements Means--and What's Next by Jonathan Ferziger and Michael Arnold, Bloomberg, December 26, 2016. Article: If ExxonMobil were a country, its economy would be bigger than Ireland's by Adam Taylor, The Washington Post, December 13, 2016. Article: Rex Tillerson, From a Corporate Oil Sovereign to the State Department by Steve Coll, The New Yorker, December 11, 2016. Article: Is Donald Trump's CIA Pick A Koch Brothers 'Puppet'? Oil And Gas Billionaires Backed Rep. Mike Pompeo by Avi Asher-Schapiro, International Business Times, November 18, 2016. Article: Trump's CIA Director Wants to Return to a Pre-Snowden World by Kaveh Waddell, The Atlantic, November 18, 2016. Article: The UK's Devastating New Report on NATO's Regime - Change War in Libya by James Carden, The Nation, September 19, 2016. Fact Sheet: U.S. Relations With Ukraine, U.S. Department of State, September 6, 2016. Op-Ed: Rep. Mike Pompeo: One year later, Obama's Iran nuclear deal puts us at increased risk by Mike Pompeo, Fox News Opinion, July 14, 2016. Article: Colin Powell: U.N. Speech "Was a Great Intelligence Failure" by Jason Breslow, PBS, May 17, 2016. Op-Ed: On National Security, Some Republicans May Be as Weak as the Democrats by Mike Pompeo, National Review, December 21, 2015. Congressional Bill: H.R. 4270 (114th): Liberty Through Strength Act II by Mike Pompeo, House of Representatives, December 16, 2015. Article: ExxonMobil returns to Vietnam market, The Voice Of Vietnam, November 17, 2015. Article: What China Has Been Building in the South China Sea by Derek Watkins, The New York Times, October 27, 2015. Article: Inside the Koch Brothers' Toxic Empire by Tim Dickinson, RollingStone, September 24, 2014. Article: Ukraine crisis: Transcript of leaked Nuland-Pyatt call, BBC, February 7, 2014. Op-Ed: The GOP should support Obama on Syria by Mike Pompeo and Tom Cotton, The Washington Post, September 3, 2013. Congressional Bill: H.R. 4387 (112th):To allow for a reasonable compliance deadline for certain States subject to the Cross-State Air Pollution Rule by Mike Pompeo, House of Representatives, April 18, 2012. Op-Ed: Stop harassing the Koch brothers by Rep. Mike Pompeo, Politico, February 2, 2012. Article: Koch Brothers Flout Law Getting Richer With Secret Iran Sales by Asjylyn Loder and David Evans, Bloomberg, October 3, 2011. Congressional Bill: H.R. 2897 (112th): BARR Preservation Act of 2011 by Mike Pompeo, House of Representatives, September 12, 2011. Article: Qaddafi, as New African Union Head, Will Seek Single State by Lydia Polgreen, The New York Times, February 2, 2009. Article: Foreign Exchange: Saddam Turns His Back on Greenbacks by William Dowell, Time, November 13, 2000. References Opensecrets: Mike Pompeo Opensecrets: Rex Tillerson List of Bills by Rep. Mike Pompeo, GovTrack By the Numbers: World-Wide Deaths, The National WWII Museum About Nord Stream 2, Gazprom About General Dynamics About NATO Sound Clip Sources Interview: General Wesley Clark: Wars Were Planned - Seven Countries In Five Years, Democracy Now, March 2007. Presidential Speech: Eisenhower's Farewell Address, January 17, 1961. News Segment: Trump and Mattis Disagree on Russia, Torture on CNN News Channel, CNN, December 3, 2016. Video: Middle East Security Challenges, Center for Strategic and International Studies, April 22, 2016. Video: The Third Presidential Debate: Hillary Clinton And Donald Trump, NBC News, October 19, 2016. Hearing: Secretary of State Rex Tillerson Confirmation, Senate Foreign Relations Committee, January 11, 2017. Watch on CSPAN Part 1 Part 2 Part 3 Timestamps & Transcripts Part 1 54:17 Rex Tillerson: We are the only global super power with the means and the moral compass capable of shaping the world for good. If we do not lead, we risk plunging the world deeper into confusion and danger. 1:11:18 Senator Ben Cardin: So, what would you have done, after we were surprised by what they did in taking over Crimea, what should the U.S. leadership had done in response to that, that we didn't do? Rex Tillerson: I would have recommended that the Ukraine take all of its military assets it had available, put them on that eastern border, provide those assets with defensive weapons that are necessary just to defend themselves, announce that the U.S. is going to provide them intelligence and that either NATO or U.S. will provide air surveillance over that border to monitor any movements. Cardin:So, your recommendation would do a more robust supply of military? Tillerson: Yes, sir. 1:12:16 Senator Ben Cardin: Our NATO partners, particularly in the Baltics and Poland, are very concerned about Russian aggression. NATO has deployed troops in this region in order to show Russia that Article 5 means something. I take it you support that type of action. Rex Tillerson: Yes, I do. That is the type of response that Russia expects. If Russia acts with force—taking of Crimea was an act of force. They didn't just volunteer themselves. So that required a proportional show of force to indicate to Russia that there'll be no more taking of territory. 1:15:45 Senator Ben Cardin: We're a part of COP21. Do you agree that the United States should continue in international leadership on climate-change issues with the international community? Rex Tillerson: I think it's important that the United States maintain its seat at the table on the conversations around how to address threats of climate change, which do require a global response. No one country's going to solve this alone. 1:27:35 Senator Bob Menendez: Do you believe it is in the national interest of the United States to continue to support international laws and norms that were established after World War II? Rex Tillerson: Yes, sir. Menendez: Do you believe that the international order includes respecting the territorial integrity of sovereign countries and the inviability of their borders? Tillerson: Yes, sir. Menendez: Did Russia violate this international order when it forcefully annexed Crimea and invaded Ukraine? Tillerson: Yes, it did.Menendez: Did Russia's continuing occupation of foreign countries violate international laws and norms? Tillerson: I'm not sure which specific countries you're referring to. Menendez: Well, the annexation of Crimea— Tillerson: Yes, sir. Menendez: —Eastern Ukraine, Georgia, just to mention a few. Tillerson: Yes, sir. Menendez: Does Russia and Syria's targeted bombing campaign in Aleppo, on hospitals, for example, violate this international order? Tillerson: Yes. That is not acceptable behavior. 1:52:23 Senator Jeanne Shaheen: You were unwilling to agree with Senator Rubio's characterization of Vladimir Putin as a war criminal, and you point out in your statement that Russia has disregarded American interests. I would suggest, as I think has been brought out in later testimony, that it not only has disregarded American interests but international norms and humanitarian interests. The State Department has described Russia as having an authoritarian political system dominated by President Vladimir Putin. Meanwhile, Freedom House currently puts Russia in a category of countries like Iran, with very restricted political rights ruled by one part or military dictatorships, religious hierarchies, or autocrats. Do you agree with that characterization of Russia and Vladimir Putin? Rex Tillerson:I would have no reason to take exception. 2:08:15 Senator Jeff Flake: How can we refashion some of our policies to nudge countries toward democracy that need nudging, or that punished countries weren't deemed spent, or encourage cooperation with us on security measures or humanitarian measures? Rex Tillerson: Well, certainly, the use of important USAID assistance really falls in kind of two broad areas: a disaster relief addressing imminent situations on the ground, where there's starvation or the result of storms or as result of conflict, providing assistance to relieve the immediate suffering. That is an important part of USAID. Over the past few years, in looking at the balance of that against, what I would call, development assistance, which is designed to create change, which, hopefully, becomes a sustainable change, that, regrettably, the disaster-assistance part of that budget has grown, and that means there's less available for development. Other important ways in which we can provide the assistance, though, are through other mechanisms, such as millennial challenge corporation for those countries that qualify. That's a different model. And so I think in terms of what is the issue we're trying to address, that then conditions how do we put obligations on the country then to modify behaviors, whether it's to take steps to reduce corruption, improve the strength of governments and their own institutional capacity to manage their affairs. Where I have seen a good progress is when assistance was put into the country with some requirement that, for instance, they modify or streamline their permitting process. One of the ways to begin to reduce corruption is to remove the complexities of how people are able to carry out their activities. The more steps you have in the process, the more opportunities there are for people to be taking something out of it or adding a cost to it. 2:10:24 Rex Tillerson: So, I think where we can tie our assistance to obligations, it's important that we do so. 2:16:25 Rex Tillerson: As to how I would deal with the past history I have in my prior position with ExxonMobil, I've made clear in my disclosures, and I think in answers to questions that have been posed, that obviously there's a statutory recusal period, which I will adhere to, on any matters that might come before the State Department that deal directly and specifically with ExxonMobil. Beyond that, though, in terms of broader issues dealing with the fact that it might involve the oil and natural gas industry itself, the scope of that is such that I would not expect to have to recuse myself. Part 2 08:38 Senator Tim Kaine: You were with the company for nearly 42 years? Rex Tillerson: That is correct. Kaine: And for the majority of your time you were with the company in an executive and management position? Tillerson: Approximately half the time. Kaine: And you became CEO in 2006? Tillerson: Correct. Kaine:So, I'm not asking you on behalf of ExxonMobil—you've resigned from ExxonMobil. I'm asking you whether those allegations about ExxonMobil's knowledge of climate science and decision to fund and promote a view contrary to its awareness of the science, whether those allegations are true or false. Tillerson: The question would have to be put to ExxonMobil. Kaine: And let me ask you: do you lack the knowledge to answer my question, or are you refusing to answer my question? Tillerson: A little of both. 36:00 Rex Tillerson: We've had two competing priorities in Syria under this administration: Bashar al-Assad must go and the defeat of ISIS. And the truth of the matter is, carrying both of those out simultaneously is extremely difficult because at times they conflict with one another. The clear priority is to defeat ISIS. We defeat ISIS we, at least, create some level of stability in Syria which then lets us deal with the next priority of what is going to be the exit of Bashar Assad, but importantly, before we decide that is in fact what needs to happen, we have to answer the question, what comes next? What is going to be the government structure in Syria, and can we have any influence over that or not? 53:10 Senator Edward Markey: Do you believe that it should be a priority of the United States to work with other countries in the world to find climate-change solutions to that problem? Rex Tillerson: I think it's important for America to remain engaged in those discussions so that we are at the table, expressing a view, and understanding what the impacts may be on the American people and American competitiveness. 1:13:38 Senator Jeff Merkley: There are three individuals who were involved in the Trump campaign—Paul Manafort, Michael Cohen, and Carter Page—who, public reports, have been involved in dialogue with Russia, with the goal of finding a common strategy, with Russia believing that Trump would be better on Syria and Ukraine policy and Trump believing that Russia could help defeat Hillary Clinton. Now these reports have not been substantiated, I'm sure much more will come on them, but in theory, how do you feel about a U.S. candidate turning to a foreign country to essentially find another partner in defeating another opponent in a U.S. presidential election? Rex Tillerson: That would not comport with our democratic process. 1:16:35 Rex Tillerson: The defeat of ISIS as an ideology, in other words, other than the battlefield, is going to require advanced capabilities in our own communication tools in terms of disrupting their communication to develop their network, more importantly to further their ideology. This means getting into the Internet airspace…

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CD143: Trump's Law Enforcers Jan 23, 2017

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The Attorney General and the Secretary of the Department of Homeland Security are the most powerful domestic law enforcement officers in the United States government. In this episode, hear critical highlights from the confirmation hearings of President Trump's nominees for those jobs: Senator Jeff Sessions for Attorney General and General John Kelly for Secretary of DHS. Please support Congressional Dish: Click here to contribute with PayPal or Bitcoin Click here to support Congressional Dish for each episode via Patreon Mail Contributions to: 5753 Hwy 85 North #4576 Crestview, FL 32536 Thank you for supporting truly independent media! Recommended Congressional Dish Episodes CD098: USA Freedom Act: Privatization of the Patriot Act Sound Clip Sources Hearing: Attorney General Nomination, Senate Committee on the Judicary, January 10, 2017 Watch on C-SPAN Part 1 Part 2 Part 3 Part 4 Timestamps & Transcripts Part 1 1:12:10 Senator Chuck Grassley: During the course of the presidential campaign, you made a number of statements about the investigation of former Secretary of State Hillary Clinton, relating to her handling of sensitive emails and regarding certain actions of the Clinton Foundation. You weren't alone in that criticism—I was certainly critical in the same way, as were millions of Americans, on those matters—but now you've been nominated to serve as Attorney General. In light of those comments that you made, some have expressed concern about whether you can approach the Clinton matter impartially in both fact and appearance. How do you plan to address those concerns? Jeff Sessions Mr. Chairman, it was a highly contentious campaign. I, like a lot of people, made comments about the issues in that campaign with regard to Secretary Clinton, and some of the comments I made, I do believe that that could place my objectivity in question. I've given that thought. I believe the proper thing for me to do would be to recuse myself from any questions involving those kind of investigations that involve Secretary Clinton that were raised during the campaign or could be otherwise connected to it. Sen. Grassley: Okay. I think it's—let me emphasize, then, with a followup question. To be very clear, you intend to recuse yourself from both the Clinton email investigation, any matters involving the Clinton Foundation, if there are any. Sessions: Yes 1:22:55 Senator Diane Feinstein: Appearing on the TV show 60 Minutes, the president-elect said that the issue of same-sex marriage was "already settled. It's law. It was settled in the Supreme Court. It's done, and I'm fine with that." Do you agree that the issue of same-sex marriage is settled law? Jeff Sessions: Supreme Court has ruled on that. The dissents dissented vigorously, but it was five to four, and five justices on the Supreme Court—a majority of the court—have established the definition of marriage for the entire United States of America, and I will follow that decision. 1:30:05 Senator Orrin Hatch: In the 108th Congress, you introduced Senate Concurrent Resolution 77, expressing the sense of the Congress that federal obscenity laws should be vigorously enforced throughout the United States. It passed the Senate unanimously—it pleased it, too. In fact, it is the only resolution on this subject ever passed by either the Senate or the House. Now, Senator Sessions, with your permission I want to share with you that resolution adopted last year by the Utah legislature outlining why pornography should be viewed as a public health problem, as well as some of the latest research into the harms of obscenity. Is it still your view that federal laws prohibiting adult obscenity should be vigorously enhanced? Jeff Sessions: Mr. Chairman, those laws are clear, and they are being prosecuted today and should be—continue to be effectively and vigorously prosecuted in the cases that are appropriate. Sen. Hatch: In making this a priority for the Justice Department, would you consider reestablishing a specific unit dedicated to prosecuting this category of crime? Sessions: So, that unit has been disbanded—I'm not sure I knew that, but it was a part of the Department of Justice for a long time, and I would consider that. 1:49:40 Senator Patrick Leahy: Do you agree with the president-elect, the United States can or should deny entry to all members of a particular religion? Jeff Sessions: Senator Leahy, I believe the president-elect has, subsequent to that statement, made clear that he believes the focus should be on individuals coming from countries that have history of terrorism, and he's also indicated that his policy, and what he suggests, is strong vetting of people from those countries before they're admitted to the United States. 1:55:35 Senator Lindsey Graham: What's your view of Obama's administration's interpretation of the Wire Act law to allow online video poker, or poker gambling? Jeff Sessions: Senator Graham, I was shocked at the memorandum, I guess the enforcement memorandum, that the Department of Justice issued with regard to the Wire Act and criticized it. Apparently, there is some justification or argument that can be made to support the Department of Justice's position, but I did oppose it when it happened, and it seemed to me to be an unusual— Graham: Would you revisit it? Sessions: I would revisit it, and I would make a decision about it based on careful study. 2:12:55 Senator Dick Durbin: Senator Graham asked this question, and I listened to your answer when he asked you what would happen to those 800,000 currently protected by President Obama's executive order, known as DACA, who cannot be deported for two years—it's renewable—and can work for two years, and you said, let Congress pass a comprehensive immigration reform bill. You opposed the only bipartisan effort that we've had on the Senate floor in modern memory. And what's going to happen to those 800,000, if you revoke that order and they are subject to deportation tomorrow, what is going to happen to them? What is the humane, legal answer to that? Jeff Sessions: Well, the first thing I would say is that my response to Senator Graham dealt with whose responsibility this is. I had a responsibility as a member of this body to express my view and vote as I believed was correct on dealing with issues of immigration. That's not the attorney general's role; the attorney general's role is to enforce the law. And as you know, Senator Durbin, we're not able financially or any other way to seek out and remove everybody that's in the country illegally. President Trump has indicated that criminal aliens, like President Obama indicated, certainly are the top group of people, and so I would think that the best thing for us to do—and I would urge colleagues that we understand this—let's fix this system. And then we can work together, after this lawlessness has been ended, and then we can ask the American people and enter into a dialogue about how to compassionately treat people who've been here a long time. Durbin: That does not answer the question about 800,000 who would be left in the lurch, whose lives would be ruined while you're waiting on Congress for a bill that you opposed. Sessions: Well, I thought it did answer it pretty closely about what you asked, and I understand your concerns. 2:31:10 Senator Sheldon Whitehouse: As a question of law, does waterboarding constitute torture? Jeff Sessions: Well, there was a dispute about that when we had the torture definition in our law. The Department of Justice memorandum concluded that it did not necessarily prohibit that, but Congress has taken an action now that makes is absolutely improper and illegal to use waterboarding or any other form of torture in the United States by our military and by all our other departments and agencies. 2:54:50 Senator Amy Klobuchar: If you could just explain your views of the Voting Rights Act moving forward and what would happen in terms of enforcement if you were attorney general. Jeff Sessions: The Voting Rights Act that passed in 1965 was one of the most important acts to deal with racial difficulties that we face, and it changed the whole course of history, particularly in the South. There was a clear finding that there were discriminatory activities in the South that a number of states were systematically denying individuals the right to vote. And you go back into the history, you can see it plainly: actions and rules and procedures were adopted in a number of states, with the specific purpose of blocking African Americans from voting, and it was just wrong, and the Voting Rights Act confronted that. And it, in effect, targeted certain states and required any, even the most minor, changes in voting procedure, like moving a precinct across— Klobuchar: So, how would you approach this going forward? For instance, the Fifth Circuit's decision that the Texas voter ID law discriminates against minority voters, that was written by a Bush appointee, do you agree with that decision? How would you handle this moving forward? Sessions: Well, I have not studied that. There's going to be a debate about it, courts are ruling on it now, and that is a voter ID and whether or not that is an improper restriction on voting that adversely impacts disproportionately minority citizens. So that's a matter that's got to be decided. On the surface of it, it doesn't appear to me to be that. I have publicly said I think voter ID laws properly drafted are okay, but as attorney general it'll be my duty to study the facts in more depth to analyze the law, but fundamentally, that can be decided by Congress and the courts. 3:10:33 Senator Ben Sasse: This administration has made the case regularly that they need to exercise prosecutorial discretion because of limited resources—and, obviously, there aren't infinite resources in the world—so what are some proper instances, in your view, when an administration might not enforce a law? Jeff Sessions:Well, critics of the immigration enforcement, the DAPA and the DACA laws, said that the prosecutorial-discretion argument went too far. It basically just eliminated the laws from the books. Secondly, with regard to that, the president's executive—well, the order came from homeland security, not from the Department of Justice, but homeland security's order not only said we're not going to force the law, with regard to certain large classifications of people, but those people who'd not been given legal status under the laws of the United States were given photo IDs, work authorization, and social security numbers, and the right to participate in these government programs that would appear to be contrary to existing law. So that would, to me, suggest an overreach. Part 2 1:19:12 Senator Patrick Leahy: Would you use our federal resources to investigate and prosecute sick people who are using marijuana in accordance with their state laws even though it might violate federal law? Jeff Sessions: Well, I won't commit to never enforcing federal law, Senator Leahy, but absolutely it's a problem of resources for the federal government. The Department of Justice under Lynch and Holder set forth some policies that they thought were appropriate to define what cases should be prosecuted in states that have legalized, at least in some fashion, some parts of marijuana. Leahy: Do you agree with those guidelines? Sessions: I think some of them are truly valuable in evaluating cases, but fundamentally, the criticism I think that was legitimate is that they may not have been followed. Using good judgment about how to handle these cases will be a responsibility of mine. I know it won't be an easy decision, but I will try to do my duty in a fair and just way. 1:25:13 Senator Mike Lee: Are there separation-of-powers concerns arising out of the Department of Justice's current approach to state marijuana laws? Jeff Sessions: Well, I think one obvious concern is that the United States Congress has made the possession of marijuana, in every state, and distribution of it an illegal act. If that's something is not desired any longer, Congress should pass a law to change the rule. It's not so much the attorney general's job to decide what laws to enforce; we should do our job and enforce laws effectively as we're able. 1:48:18 Senator Dianne Feinstein: Thanks very much, Mr. Chairman. Just to begin, I would like to ask unanimous consent that all statements and written testimony sent to the committee concerning Senator Sessions be made part of the record, and I have some testimonies and letters. Chairman: Without objection, so ordered. Feinstein: Thank you very much. Senator Sessions, when I was a small child, it was during World War II, and my father took me to a racetrack south of San Francisco called Tanforan, and it had become a detention camp for Japanese American citizens, and during the length of World War II, well, thousands of families were held in this compound. And we checked with CRS that says no Japanese American was ever convicted of any sabotage against the United States during that period of time. Senator Lee, Senator Cruz, and I have tried together to enact a bill to assure that no American citizen or lawful permanent resident detained in the United States can be held indefinitely without charge or trial, pursuant to authorization of military force. So, here's the question: do you believe that the government can, pursuant to a general authorization to use military force, indefinitely detain Americans in the United States without charge or trial? Jeff Sessions: Senator Feinstein, that's an important question. Classically, the answer is yes. Classically, if you captured a German soldier, they could be held until the war ended. That was done, I'm sure, at the Civil War and most wars since. Feinstein: I'm talking about Americans. Sessions: I hear you. So, then, the question is, we're in a war like we have now that's gone on multiple years, and I would think the principal of law certainly would appear to be valid, but as reality dawns on us and wars might be even longer, it's on us to discuss those issues. So I respect your willingness to think about that and what we should do, but in general I do believe, as Senator Graham has argued forcefully for many years, that we are in a war, and when members who—unlike the Japanese who were never proven to be associated with a military regime like the Japanese government, these individuals would have to be proven to be connected to a designated enemy of the United States. So I've probably explained more than I should, but that's basically the arguments and the issues we're facing. I respect your concerns, and I'm sure they will continue to be debated in the future. Feinstein: Well, let me just say a few things about that. I've served on the intelligence committee for fifteen years. I read all of it. I think I know as much as anybody about what's happening in the United States, and this is not—these are Americans that we're talking about. They can be picked up and detained and held without charge— Sessions: You're talking about Americans. Feinstein: —of trial indefinitely. And that should not be the case. Sessions: Well, I understand your point, and a citizen of the United States has certain important rights. They cannot be abrogated. It is absolutely so. They cannot be detained without undergoing a habeas review, and the government surely has to prove that they are indeed connected sufficiently with an enemy action against the United States, so they couldn't be detained. Feinstein: Well, I appreciate that. 1:52:32 Senator Dianne Feinstein: You were one of nine senators t…

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CD142: Unethical Rules Jan 08, 2017

Show notes

The 115th Congress has begun! In this episode, we take a quick look at that government funding law that sets up an April funding crisis for this new Congress and we take a closer look at the shady new rules governing the 115th House of Representatives. Please support Congressional Dish: Click here to contribute with PayPal or Bitcoin Click here to support Congressional Dish for each episode via Patreon Mail Contributions to: 5753 Hwy 85 North #4576 Crestview, FL 32536 Thank you for supporting truly independent media! Contact PayPal If you would like them bring back the feature that allows you to choose your own monthly subscription amount, please contact PayPal: By phone: 1-888-221-1161 By email Thank you! Recommended Congressional Dish Episodes CD093: Our Future in War Bills/Laws Discussed in this Episode HR 2028 "Further Continuing and Security Assistance Appropriations Act" (Continuing Resolution) Bill Highlights Funds the government until April 28, 2017 Funds the War on Terror until September 30, 2017 Allows the Department of State to hire contractors until September 30, 2018 Exception for Trump's Defense Secretary Appointment Expedites the process for passing a bill that allows General James Mattis to be nominated as Defense Secretary by granting an exemption to the National Security Act of 1947 that prohibits the nomination of someone who has retired from the military within the previous seven years. 115th House Rules Text of the Rules for the 115th Congress, Congressional Record, January 3, 2016. H.R. 26: Regulations from the Executive in Need of Scrutiny Act of 2017(REINS Act) Highlighted in the 113th Congress in CD038: Wasting July Forces Federal agencies to get Congressional approval before enacting major rules Sound Clip Sources House Proceeding: January 3, 2017 Congressional Record (full transcript) 3:30pm EST - Rep. Steny Hoyer: Mr. Speaker, as the gentleman knows, there is a provision in the rules that are proposed which are not in the rules of the last Congress, which give us great pause because we think it tends to put Members in a difficult place from a constitutional perspective and from a freedom-of-speech perspective. The rule, of course, of which I speak is the rule that relates to empowering the Sergeant at Arms to levy fines. May I ask the gentleman first: Did the Rules Committee find that there was any precedent for such a provision in rules historically? Rep. Pete Sessions: Mr. Speaker, I thank the gentleman very much. I would like to refer to something which I believe has been made available, and, if not, I would be very pleased to do it. The House has delegated fining authority, section 1103 of the Manual, where the House incorporates, by reference, title I of the Ethics in Government Act. Under this section, if a financial disclosure is filed late, the filer is subject to a $200 filing fee. It is a fine by another name that is administered by the House Ethics Committee. So what I am suggesting to you is we have seen where there has been the backup of rules that have been backed up by the levying of a fine, and I believe that is what the gentleman is seeking. 3:22pm EST- Rep. Steny Hoyer: If I may conclude, as the gentleman knows, and I won't say thousands, but hundreds of pictures were taken just an hour ago on this floor—hundreds. We were in session, not in recess. *Rep. Pete Sessions: If I could address that, and I want to do this very gingerly because I do not want to start a battle here. The gentleman and I both know what caused this action was a deep, deep feeling that many Members on your side had about a particular issue. It resulted in what could be seen as—and I saw it as—a protest. Look, we are used to that in this body, people being upset. We are not used to people violating the rule, and it already was a rule that you cannot use, for recording purposes, those devices. We did not make this up. That was already a rule. So it became an advent of a protest. 3:23pm EST- Rep. Steny Hoyer: Very frankly, I think the gentleman is correct; it was a pro- test which gave rise to this rule which I think is ill-advised, but I understand the difference. The protest was because—and as Rules chairman, the gentleman probably knows this better than anybody else—we asked for an amendment that we thought 85 to 90 percent of the American people were for. We didn't get transparency, we didn't get openness, and we did not get an opportunity to express our views. That is why we are so concerned because we think, frankly, this is analogous to a gag rule: to shut us down, to shut us out, and to shut us up. Democrats Stage a Sit-In by Trevor Noah on The Daily Show, June 23, 2016. Trevor Noah explains the Democrat's House floor protest Middle East Security Challenges hosted by the Center for Strategic and International Studies (aired on C-SPAN), April 22, 2016. General James Mattis on the biggest threats to the United States (Iran) Global Challenges and US National Security Strategy, Senate Committee on Armed Services, January 27, 2015 General James Mattis on his preferred detainee policy Additional Reading House Republicans revive obscure rule that allows them to slash the pay of individual federal workers to $1 by Jenna Portnoy and Lisa Rein, Washington Post, January 5, 2017. House votes to condemn U.N. security council resolution on Israeli settlements by Karoun Demirjian, Washington Post, January 5, 2017. In Republicans' Ethics Office Gambit, a Spectacle of Tweets and Retreats by Carl Hulse, New York Times, January 4, 2017. House GOP rules change will make it easier to sell off federal land by Juliet Eilperin, Washington Post, January 3, 2017. U.S. declines to veto U.N. Security Council resolution for Israel to stop Jewish settlement activity by Carol Morello and Ruth Eglash, Washington Post, December 23, 2016. A Historic Numbers of Electors Defected and Most Were Supposed to Vote for Clinton by Kiersten Schmidt and Wilson Andrews, New York Times, December 19, 2016. Trump's Defense Pick Challenges Rules Regarding Civilian Control of the Military by Brian Naylor, NPR, December 2, 2016. Additional Information Sergeants at Arms, United States House of Representatives History, Art, & Archives. Cover Art Design by Only Child Imaginations

CD141: Terrorist Gifts & The Ministry of Propaganda (2017 NDAA) Dec 25, 2016

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The 2017 National Defense Authorization Act grants permission for next year's wars. In this episode, we look at how the new law, in partnership with a reckless Executive Order, will provide weapons to terrorists and legalize American wars fought with foreign humans. Also in this episode, learn about the new Ministry of Propaganda (the "Global Engagement Center") that the United States will open in July. Please support Congressional Dish: Click here to contribute with PayPal or Bitcoin; click the PayPal "Make it Monthly" checkbox to create a monthly subscription Click here to support Congressional Dish for each episode via Patreon Mail Contributions to: Congressional Dish 5753 Hwy 85 North #4576 Crestview, FL 32536 Thank you for supporting truly independent media! Bill Highlighted in This Episode National Defense Authorization Act for Fiscal Year 2017 Explanatory Statement Title III—Operation and Maintenance Subtitle B—Energy and Environment Sec. 312. Waiver authority for alternative fuel procurement requirement. The Secretary of Defense can waive the requirement that Federal agencies only purchase alternative fuels if the greenhouse gas emissions are equal or lower to the conventional fuel typically used, as long as he notifies Congress. Sec. 316. Sense of Congress on funding decisions relating to climate change. "It is the sense of Congress that... "decisions relating to the funding of the Dept. of Defense … should prioritize the support and enhancement of the combat capabilities of the Dept" funds should be allocated among the programs of the Dept in the manner that best serves the national security interests of the US decisions relating to energy efficiency, energy use, and climate change should adhere to the principles described above Title VI—Compensation and Other Personnel Benefits Subtitle A—Pay and Allowances Sec. 601. Fiscal year 2017 increase in military basic pay. Effective January 1, 2017, the rates of monthly basic pay for military members is 2.1 percent Sec. 604. Reports on a new single-salary pay system for members of the Armed Forces. Gives the Defense Dept one year to report to Congress on a new pay structure: A "single salary system," which will take effect on January 1, 2018. Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits and Operations Sec. 661. Protection and enhancement of access to and savings at commissaries and exchanges. They are going to test a "variable pricing program" which would price commissary goods "in response to market conditions and customer demand" Sec. 662. Acceptance of Military Star Card at commissaries. Subtitle F—Other Matters Sec. 671. Recovery of amounts owed to the United States by members of the uniformed services. Allows the Secretary of Defense is allowed to waive collections of overpayments to military service members if the collection starts over 10 years after the overpayment occurred. The Defense Department will conduct a review of the bonuses paid to California National Guard members from 2004 - 2015, determine how many bonuses were awarded improperly, and determine which ones will be granted a repayment waiver. Waivers will be denied only if the board can make an affirmative determination that the member "knew or reasonably should have known that the member was ineligible for the bonus pay" Title VII—Health Care Provisions Subtitle A—Reform of TRICARE and military health system Sec. 701. TRICARE Select and other TRICARE reform. Creates TRICARE Select: "Eligible beneficiaries will not have restrictions on the freedom of choice of the beneficiary with respect to health care providers." Cost sharing table Title VIII—Acquisition Policy, Acquisition Management, and Related Matters Subtitle F—Provisions Relating to Commercial Items Sec. 874. Inapplicability of certain laws and regulations to the acquisition of commercial items and commercially available off-the-shelf items. Exempts the purchase of "commercial items" from a bunch of procurement laws Sec. 876. Preference for commercial services. Prohibits defense agencies from entering into contracts for services that are NOT commercial services, unless it's determined in writing that there are no commercial services available. Subtitle G—Industrial Base Matters Sec. 881. Greater integration of the national technology and industrial base. Orders a written plan to be completed by the end of 2017 to" reduce the barriers to the seamless integration between the persons and organizations that comprise the national technology and industrial base" Entities to be "integrated" include government entities, universities, nonprofits, and private contractors (including weapons manufacturers) operating in the United States, Canada and (added) the UK, Northern Ireland, and Australia. Title IX—Department of Defense Organization and Management Subtitle B—Organization and Management of the Department of Defense Generally Sec. 915. Repeal of requirements relating to efficiencies plan for the civilian personnel workforce and service contractor workforce of the Department of Defense. Repeals the requirement that the Secretary of Defense have policies and procedures to determine the most appropriate cost efficient mix of military, civilians, and contractor personnel to perform the mission of the Dept. of Defense. Title X—General Provisions Subtitle B—Counterdrug Activities Sec. 1011. Codification and modification of authority to provide support for counterdrug activities and activities to counter transnational organized crime of civilian law enforcement agencies. "The Secretary of Defense may provide support for the counter drug activities… of any department or agency of the Federal Government or of any State, local, tribal, or foreign law enforcement agency for…: "Training of law enforcement personnel of the Federal Government, of State, local, and tribal governments…" "Intelligence analysis services" "Aerial and ground reconnaissance" Sec. 1013. Extension of authority to support unified counterdrug and counterterrorism campaign in Colombia. Extended through 2019 Subtitle D—Counterterrorism Sec. 1032. Prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cub, to the United States. Sec. 1033. Prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred from United States Naval Station, Guantanamo Bay, Cuba. Sec. 1034. Prohibition on use of funds for transfer or release to certain countries of individuals detained at United States Naval Station, Guantanamo Bay, Cuba. Specifically prohibits transferring anyone to Libya, Somalia, Syria, or Yemen. Sec. 1035. Prohibition on use of funds for realignment of forces at or closure of United States Naval Station, Guantanamo Bay, Cuba. Subtitle G—Other Matters Sec. 1090. Cost of Wars. Secretary of Defense needs to post the costs of each the Afghanistan, Iraq, and Syria wars onto a public website. No due date or web address. Title XII—Matters relating to foreign nations Subtitle A—Assistance and training Sec. 1201. One-year extension of logistical support for coalition forces supporting certain United States military operations. Sec. 1202. Special Defense Acquisition Fund matters. Authorizes the amount of money appropriated to the fund to more than double, from $1.07 billion to $2.5 billion. $500 million must be to purchase precision guided munitions for partner and allied forces Sec. 1203. Codification of authority for support of special operations to combat terrorism. The Defense Secretary is allowed to spend $100 million per year to "support foreign forces, irregular forces, groups, or individuals engaged in supporting or facilitating ongoing military operations by United States special operations forces to combat terrorism" The money will come from the money appropriated for operations and maintenance Repeals a provision from the 2005 NDAA that provided $25 million a year for this purpose Subtitle B—Matters relating to Afghanistan and Pakistan Sec. 1218. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations. The United States can use $1.1 billion to pay any country that helps our military operations in Afghanistan, Iraq, and Syria, and the United States can pay Pakistan for "activities meant to enhance the security situation in the Afghanistan-Pakistan border region and for counterterrorism" Subtitle C—Matters relating to Syria, Iraq, and Iran Sec. 1221. Modification and extension of authority to provide assistance to the vetted Syrian opposition. Extends the authority to "provide assistance to the vetted Syrian opposition" until December 31, 2018. Sec. 1224. Limitation on provision of man-portable air defense systems to the vetted Syrian opposition during fiscal year 2017. State Dept: "Countering the proliferation of Man-Portable Air Defense Systems is a top U.S. national security priority. In the hands of terrorists, criminals, or other non-state actors, MANPADS - also known as shoulder-fired anti-aircraft missiles - pose a serious threat to passenger air travel, the commercial aviation industry, and military aircraft around the world. The United States is working closely with numerous countries and international organizations to keep the skies safe for all." The 2015 NDAA authorized the transfer of "man-portable air defense system" or "MANPADs" to the "vetted Syrian opposition". They are allowed to continue to do so after a 30-day waiting period if a report is submitted to Congress Subtitle D—Matters relating to the Russian Federation Sec. 1233. Extension and modification of authority on training for Eastern European national military forces in the course of multilateral exercises. Amends Section 1251 of the 2016 NDAA to extend the authority to pay to train "national security forces" in "multilateral exercises" through 2018. Adds the European Reassurance Initiative to the list of authorized activities, although it has been renamed the "European Deterrence Initiative" This training is allowed to go to NATO countries and "countries that are a signatory to the Partnership for Peace Framework Documents, but not a member of NATO" Sec. 1237. Extension and enhancement of Ukraine Security Assistance Initiative. Increases the amount allowed to be spent on "security assistance" to Ukraine by $50 million, up to $350 million A minimum of $50 million MUST be spent on "Lethal assistance" including anti-armor weapon systems, mortars, grenade launchers, small arms, and ammunition This NDAA adds equipment and technical assistance for a border surveillance network for Ukraine to the list of authorized uses of funding $175 million will be withheld until the Secretary of State certifies that Ukraine has taken steps towards reforms including civilian control of their military and "potential opportunities for privatization in the defense industrial sector" Subtitle E—Reform of Department of Defense Security Cooperation Sec. 1241. Enactment of new chapter for defense security cooperation. Repeals the authorization from the 2012 NDAA that allowed civilian employees of the DoD to be "advisors" to foreign defense ministries Inserts a new chapter into law outlining procedures for training and equipping foreign militaries The training can be for the following purposes: Counterterrorism Counter weapons of mass destruction Counter-drug trafficking operations Repeals a law limited the support that can be provided to Columbia & Peru Counter organized crime Border security Intelligence "Operations or activities that contribute to an international coalition operation that is determined by the Secretary to be in the national interest of the United States" Repeals the law that authorizes programs only for counter-terrorism, support of on-going military operations, and border security. The Secretary of Defense and Secretary of State will develop and plan train and equip programs together Repeals the law saying that the Secretary of State will be responsible for coordinating development activities The Secretary of Defense is allowed to change the definition of "developing country" "from time to time" The Director of the Defense Security Cooperation Agency will be responsible for "all security cooperation programs" The train and equip programs are authorized to provide "defense articles", training, "defense services", supplies, and construction valued under $750,000 per project. The "support" programs are limited to five years unless a written justification for extending it is provided or if funding is shifted to another part of the government or another country. 2017 Funding: Will come from: The Operations and Maintenance account, the "defense-wide" section and "Defense Security Cooperation" section = $6.6 billion + $621 million = $7.2 billion Funds for "Drug Interdiction and Counter-Drug Activities, Defense-Wide" = $720 million Funds for "Operations and Maintenance, Defense-wide, for overseas contingency operations" and money for the "Defense Security Cooperation Agency" = $7.1 billion Money appropriated for the "Counter-ISIL fund" in Iraq and Syria can be spent in countries other than Iraq and Syria as long as Congress is told = $1.1 billion Funds for "Drug Interdiction and Counter-Drug Activities, Defense-Wide for overseas contingency operations" = $191 million + $24 million = $215 million Money made available in previous years = unknown Total = At least $16.3 billion Subtitle H—Other matters Sec. 1281. Enhancement of interagency support during contingency operations and transition periods. The Secretaries of Defense and State can enter an agreement to swap "support" to each other's departments during and up to two years after any "contingency operation" "Support" = food, transportation, petroleum, oils, communication services, medical services, ammunition, base operations support, use of facilities, spare parts, and maintenance services. Sec. 1285. Limitation on availability of funds to implement the Arms Trade Treaty. Prohibits any funds being used to implement the Arms Trade Treaty, which is a 2013 UN treaty designed to regulate and limit the international weapons trade. We signed it in September. Sec. 1287. Global Engagement Center By mid-June 2017, the Department of State will create a Global Engagement Center Purpose: "To lead, synchronize, and coordinate efforts of the Federal Government to recognize, understand, expose, and counter foreign state and non-state propaganda and disinformation efforts aimed at undermining United States national security interests" Functions Track and evaluate stories abroad that threaten the interests of the US and the US allies and partner nations. Support the creation and distribution of "fact-based narratives" to counter propaganda and disinformation directed at the United States, our allies, and partner nations. Promote "fact-based narratives" to audiences outside the United States The head of the Global Engagement Center will be appointed by the President Any Federal Government employee may be assigned to the Global Engagement Center for a maximum of three years. The State Department can hire domestic and foreign contractors to work for the Global Engagement Center for a maximum of four years each, with a maximum of 50 employees The Global Engagement Center can pay ("provide grants") to "civil society group…

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