Congressional Dish

An independent podcast examining what the U.S. Congress is doing with our money and in our names. www.congressionaldish.com Follow @JenBriney on Twitter

CD319: Beware the Drones 06/29/2025

CD318: AI Regulation Moratorium 06/14/2025

CD317: Elimination Essentials in the “Big Beautiful Bill” 06/01/2025

CD316: The DCA Plane Crash 05/19/2025

CD315: Judicial Power 04/12/2025

CD314: Greenland 04/11/2025

CD313: Democratic Deception 03/24/2025

CD312: Threatening Panama's Canal 03/09/2025

CD312: Threatening Panama's Canal President Trump has been threatening to “take back” the Panama Canal since he regained power. In this episode, listen to testimony from officials serving on the Federal Maritime Commission who explain why the Panama Canal has become a focus of the administration and examine whether or not we need to be concerned about an impending war for control of the canal. Please Support Congressional Dish – Quick Links Contribute monthly or a lump sum via Support Congressional Dish via (donations per episode) Send Zelle payments to: Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Use your bank’s online bill pay function to mail contributions to: Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Background Sources Recommended Congressional Dish Episodes Current Events around the Panama Canal March 5, 2025. the Associated Press. Sabrina Valle, Suzanne McGee, and Michael Martina. March 4, 2025. Reuters. Matt Murphy, Jake Horton and Erwan Rivault. February 14, 2025. BBC. May 1, 2024. World Weather Attribution. World Maritime News Staff. March 15, 2019. World Maritime News. July 29, 2018. Reuters. Panama Canal Treaty of 1977 U.S. Department of State. The Chinese “Belt and Road Initiative” Michele Ruta. March 29, 2018. World Bank Group. The Trump-Gaza Video February 26, 2025. Sky News. Laws Audio Sources Senate Committee on Commerce, Science, and Transportation January 28, 2025 Witnesses: Louis E. Sola, Chairman, Federal Maritime Commission (FMC) Daniel B. Maffei, Commissioner, FMC , Professor, Scalia Law School, George Mason University Joseph Kramek, President & CEO, World Shipping Council Clips 17:30 Sen. Ted Cruz (R-TX): Between the American construction of the Panama Canal, the French effort to build an isthmus canal, and America's triumphant completion of that canal, the major infrastructure projects across Panama cost more than 35,000 lives. For the final decade of work on the Panama Canal, the United States spent nearly $400 million, equivalent to more than $15 billion today. The Panama Canal proved a truly invaluable asset, sparing both cargo ships and warships the long journey around South America. When President Carter gave it away to Panama, Americans were puzzled, confused, and many outraged. With the passage of time, many have lost sight of the canal's importance, both to national security and to the US economy. 18:45 Sen. Ted Cruz (R-TX): But the Panama Canal was not just given away. President Carter struck a bargain. He made a treaty. And President Trump is making a serious and substantive argument that that treaty is being violated right now. 19:10 Sen. Ted Cruz (R-TX): President Trump has highlighted two key issues. Number one, the danger of China exploiting or blocking passage through the canal, and number two, the exorbitant costs for transit. 19:20 Sen. Ted Cruz (R-TX): Chinese companies are right now building a bridge across the canal at a slow pace, so as to take nearly a decade. And Chinese companies control container points ports at either end. The partially completed bridge gives China the ability to block the canal without warning, and the ports give China ready observation posts to time that action. This situation, I believe, poses acute risks to US national security. 19:50 Sen. Ted Cruz (R-TX): Meanwhile, the high fees for canal transit disproportionately affect Americans, because US cargo accounts for nearly three quarters of Canal transits. US Navy vessels pay additional fees that apply only to warships. Canal profits regularly exceed $3 billion. This money comes from both American taxpayers and consumers in the form of higher costs for goods. American tourists aboard cruises, particularly those in the Caribbean Sea, are essentially captive to any fees Panama chooses to levy for canal transits, and they have paid unfair prices for fuel bunkering at terminals in Panama as a result of government granted monopoly. Panama's government relies on these exploitative fees. Nearly 1/10 of its budget is paid for with canal profit. 21:25 Sen. Ted Cruz (R-TX): Panama has for years flagged dozens of vessels in the Iranian ghost fleet, which brought Iran tens of billions of dollars in oil profits to fund terror across the world. 21:40 Sen. Ted Cruz (R-TX): And Chinese companies have won contracts, often without fair competition, as the infamous Belt and Road Initiative has come to Panama. China often engages in debt trap diplomacy to enable economic and political coercion. In Panama, it also seems to have exploited simple corruption. 32:40 Louis Sola: The Panama Canal is managed by the Panama Canal Authority, ACP, an independent agency of the Panamanian government. The ACP is a model of public infrastructure management, and its independence has been key to ensure a safe and reliable transit of vessels critical to the US and global commerce. 33:25 Louis Sola: In contrast, the broader maritime sector in Panama, including the nation's ports, water rights, and the world's largest ship registry, falls under the direct purview of the Panamanian government. 33:35 Louis Sola: Unfortunately, this sector has faced persistent challenges, including corruption scandals and foreign influence, particularly from Brazil and China. These issues create friction with the ACP, especially as it works to address long term challenges such as securing adequate water supplies for the canal. 33:55 Louis Sola: Although the ACP operates independently, under US law both the ACP and the government of Panama's maritime sector are considered one in the same. This means that any challenges in Panama's maritime sector, including corruption, lack of transparency, or foreign influence, can have a direct or indirect impact on the operations and long term stability of the canal. This legal perspective highlights the need for diligence in monitoring both the ACP's management and Panama government's policies affecting maritime operations. 34:30 Louis Sola: Since 2015, Chinese companies have increased their presence and influence throughout Panama. Panama became a member of the Belt and Road Initiative and ended its diplomatic relations with Taiwan. Chinese companies have been able to pursue billions of dollars in development contracts in Panama, many of which were projects directly on or adjacent to the Panama Canal. Many were no bid contracts. Labor laws were waived, and the Panamanian people are still waiting to see how they've been benefited. It is all more concerning that many of these companies are state-owned, and in some cases, even designated as linked to the People's Liberation Army. We must address the significant growing presence and influence of China throughout the Americas and in Panama, specifically. 35:20 Louis Sola: American companies should play a leading role in enhancing the canal's infrastructure. By supporting US firms, we reduce reliance on Chinese contractors and promote fair competition. 36:55 Daniel Maffei: Because the canal is essentially a waterway bridge over mountainous terrain above sea level, it does depend on large supplies of fresh water to maintain the full operations. Panama has among the world's largest annual rainfalls. Nonetheless, insufficient fresh water levels have occurred before in the canal's history, such as in the 1930s when the Madden Dam and Lake Alajuela were built to address water shortages. Since that time, the canal has undertaken several projects to accommodate larger, more modern ships. In the last couple of years, a trend of worsening droughts in the region, once again, has forced limits to the operations of the canal. Starting in June of 2023 the Panama Canal Authority employed draft restrictions and reduced the number of ships allowed to transit the canal per day. Now the Panama Canal limitations, in combination with the de facto closure of the Suez Canal to container traffic, has had serious consequences for ocean commerce, increasing rates, fees and transit times. 39:30 Daniel Maffei: Now, fortunately, Panama's 2024 rainy season has, for now, alleviated the most acute water supply issues at the canal, and normal transit volumes have been restored. That said, while the Panamanian government and Canal Authority have, with the advice of the US Army Corps of Engineers, developed credible plans to mitigate future water shortages, they also warned that it is likely that at least one more period of reduced transits will occur before these plans can be fully implemented. 41:55 Eugene Kontorovich: We shall see that under international law, each party to the treaty is entitled to determine for itself whether a violation has occurred. Now, in exchange for the United States ceding control of the canal which it built and maintained, Panama agreed to a special regime of neutrality. The essential features of this regime of neutrality is that the canal must be open to all nations for transit. That's Article Two. Equitable tolls and fees, Article Three. An exclusive Panamanian operation, Article Five. The prohibition of any foreign military presence, Article Five. Article Five provides that only Panama shall operate the canal. Testifying about the meaning of the treaty at the Senate ratification hearings, the Carter administration emphasized that this prohibits foreign operation of the canal, as well as the garrisoning of foreign troops. Now, Article Five appears to be primarily concerned about control by foreign sovereigns. If Panama signed a treaty with the People's Republic of China, whereby the latter would operate the canal on Panama's behalf, this would be a clear violation. But what if Panama contracted for port operations with a Chinese state firm, or even a private firm influenced or controlled in part by the Chinese government? The Suez Canal Company was itself, before being nationalized, a private firm in which the United Kingdom was only a controlling shareholder. Yet this was understood to represent British control over the canal. In other words, a company need not be owned by the government to be in part controlled by the government. So the real question is the degree of de jure or de facto control over a Foreign Sovereign company, and scenarios range from government companies in an authoritarian regime, completely controlled, to purely private firms in our open society like the United States, but there's many possible situations in the middle. The treaty is silent on the question of how much control is too much, and as we'll see, this is one of the many questions committed to the judgment and discretion of each party. Now turning to foreign security forces, the presence of third country troops would manifestly violate Article Five. But this does not mean that anything short of a People's Liberation Army base flying a red flag is permissible. The presence of foreign security forces could violate the regime of neutrality, even if they're not represented in organized and open military formations. Modern warfare has seen belligerent powers seek to evade international legal limitations by disguising their actions in civilian garb, from Russia's notorious little green men to Hamas terrorists hiding in hospitals or disguised as journalists. Bad actors seek to exploit the fact that international treaties focus on sovereign actors. Many of China's man made islands in the South China Sea began as civilian projects before being suddenly militarized. Indeed, this issue was discussed in the Senate ratification hearings over the treaty. Dean Rusk said informal forces would be prohibited under the treaty. Thus the ostensible civilian character of the Chinese presence around the canal does not, in itself, mean that it could not represent a violation of the treaty if, for example, these companies and their employees involved Chinese covert agents or other agents of the Chinese security forces. So this leads us to the final question, Who determines whether neutrality is being threatened or compromised? Unlike many other treaties that provide for third party dispute resolution, the neutrality treaty has no such provision. Instead, the treaty makes clear that each party determines for itself the existence of a violation. Article Four provides that each party is separately authorized to maintain the regime of neutrality, making a separate obligation of each party. The Senate's understanding accompanying to ratification also made clear that Article Five allows each party to take, quote, "unilateral action." Senator Jacob Javits, at the markup hearing, said that while the word unilateral is abrasive, we can quote, "decide that the regime of neutrality is being threatened and then act with whatever means are necessary to keep the canal neutral unilaterally." 46:35 Joseph Kramek: My name is Joe Kramek. I'm President and CEO of the World Shipping Council. The World Shipping Council is the global voice of liner shipping. Our membership consists of 90% of the world's liner shipping tonnage, which are container vessels and vehicle carriers. They operate on fixed schedules to provide our customers with regular service to ship their goods in ports throughout the world. 47:15 Joseph Kramek: As you have heard, using the Panama Canal to transit between the Atlantic and Pacific saves significant time and money. A typical voyage from Asia to the US or East Coast can be made in under 30 days using the canal, while the same journey can take up to 40 days if carriers must take alternate routes. From a commercial trade perspective, the big picture is this. One of the world's busiest trade lanes is the Trans Pacific. The Trans Pacific is cargo coming from and going to Asia via the United States. Focusing in a bit, cargo coming from Asia and bound for US Gulf and East Coast ports always transits the Panama Canal. Similarly, cargo being exported from US and East Coast ports, a large share of which are US Agricultural exports, like soybeans, corn, cotton, livestock and dairy also almost always transits the Panama Canal. The result is that 75% of Canal traffic originates in or is bound for the United States. 48:55 Joseph Kramek: We've talked about the drought in 2023 and the historic low water levels that it caused in Lake Gatún, which feeds the canal locks, a unique system that is a fresh water feed, as contrasted to an ocean to ocean system, which the French tried and failed, but which is actually active in the Suez Canal. These low water levels reduced transits from 36 transits a day to as low as 22 per day. Additionally, the low water levels required a reduction in maximum allowable draft levels, or the depth of the ship below the water line, which for our members reduced the amount of containers they could carry through the canal. This resulted in a 10% reduction in import volumes for US Gulf and East Coast ports, with the Port of Houston experiencing a 26.7% reduction. 51:10 Sen. Ted Cruz (R-TX): Are you aware of allegations from some vessel operators of disparate treatment such as sweetheart deals or favorable rebates by Panama for canal transits? Louis Sola: Thank you for the question, Mr. Chairman, we have become aware through some complaints by cruise lines that said that they were not getting a refund of their canal tolls. When we looked into this, we found a Panamanian Executive Order, Decree 73, that specifically says that if a cruise line would stop at a certain port, that they could be refunded 100% of the fees. And as far as I know, that's the only instant where that exists. 53:05 Sen. Ted Cruz (R-TX): So Panama was the very first Latin American country to join China's Belt and Road Initiative, and right now, China is building a fourth bridge across the Panama Canal for car traffic and light rail. Chairman Sola, why should Chinese construction of a bridge near Panama City concern the United States? Louis Sola: Mr. Chairman, we all saw the tragedy that happened here in the Francis Scott Key Bridge incident and the devastation that had happened to Baltimore. We also saw recently what happened in the Suez Canal, where we had a ship get stuck in there. It's not only the construction of the bridge, but it's a removal of a bridge, as I understand it, called the Bridge of the Americas. It was built in 1961 and that would paralyze cargo traffic in and out of the canals. 53:55 Sen. Ted Cruz (R-TX): Panama also recently renewed the concessions for two container ports to a Chinese company, Hutchison Ports PPC. Of course, Chinese companies are controlled by the Communist Party. How does China use control of those ports for economic gain? Louis Sola: Mr. Chairman, I am a regulator, a competition regulator. And the Chinese ports that you're referring to, let me put them into scope. The one on the Pacific, the Port of Balboa, is roughly the same size as the Port of Houston. They do about 4 million containers a year. They have about 28 game tree cranes. The one on the Atlantic is the same as my hometown in Miami, they do about 1 million containers. So where Roger Gunther in the Port of Houston generates about $1 billion a year and Heidi Webb in Miami does about $200 million, the Panama ports company paid 0 for 20 years on that concession. So it's really hard to compete against zero. So I think that's our concern, our economic concern, that we would have. Sen. Ted Cruz (R-TX): Commissioner Maffei, anything to add on that? Daniel Maffei: Yeah, I do too also think it is important. I would point out that you don't have to stop at either port. It's not like these two ports control the entrance to the canal. That is the Canal Authority that does control that. However, I think it's of concern. I would also point out that the Panamanian government thinks it's of concern too, because they're conducting their own audit of those particular deals, but we remain very interested as well. 56:25 Sen. Ted Cruz (R-TX): Would the facts discussed here be considered violations of the neutrality treaty in force right now between the United States and Panama? Eugene Kontorovich: So I think Senator, I think potentially they could, but it's impossible to say definitively without knowing more, in particular, about the degree of Chinese control and involvement in these companies. I think it's important to note that these port operation companies that operate the ports on both sides, when they received their first contract, it was just a few months before Hong Kong was handed over to China. In other words, they received them as British companies, sort of very oddly, just a few months before the handover. Now, of course, since then, Hong Kong has been incorporated into China, has been placed under a special national security regime, and the independence of those companies has been greatly abridged, to say nothing of state owned companies involved elsewhere in in the canal area, which raised significantly greater questions. Additionally, I should point out that the understandings between President Carter and Panamanian leader Herrera, which were attached to the treaty and form part of the treaty, provide that the United States can, quote, "defend the canal against any threat to the regime of neutrality," and I understand that as providing some degree of preemptive authority to intervene. One need not wait until the canal is actually closed by some act of sabotage or aggression, which, as we heard from the testimony, would be devastating to the United States, but there is some incipient ability to address potential violations. 58:10 Sen. Ted Cruz (R-TX): If the United States determines that Panama is in violation of the treaty, what is the range of remedies the United States would have for that treaty violation? Eugene Kontorovich: So I think it may be shocking to people to hear today, but when one goes over the ratification history and the debates and discussions in this body over this treaty, it was clear that the treaty was... /episode/index/show/congressionaldish/id/35589820

CD311: The Laken Riley Act 02/22/2025

CD310: Red Flags at Air Traffic Control 02/02/2025

CD309: Trumped Up Immunity 01/18/2025

CD308: A Chaotic Finale 01/07/2025

CD307: Immaculate Constellation 12/21/2024

CD306: The Food Police 12/15/2024

CD305: Freaky Food 11/21/2024

CD304: Trump Returns 11/10/2024

CD303: Interviewing the Insiders 10/30/2024

CD302: The Border Bills 10/23/2024

CD302: The Border Bills This election has featured a lot of talk about ‘immigration’ and ‘the border’ but has been short on specifics. In this episode, you’ll get those specifics. Specifically, you’ll learn what was in H.R. 2, a Republican bill passed by the House, and you’ll learn what was in the so-called bipartisan border bill which was killed by Donald Trump’s loyalists in the Senate and which Kamala Harris has promised to revive as President. Which bill would actually solve the problems? Please Support Congressional Dish – Quick Links Contribute monthly or a lump sum via Support Congressional Dish via (donations per episode) Send Zelle payments to: [email protected] Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or [email protected] Use your bank’s online bill pay function to mail contributions to: Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Background Sources Recommended Congressional Dish Episodes Current Immigration Process Visas Accessed October 22, 2024. U.S. Department of State, Bureau of Consular Affairs. Accessed October 22, 2024. Boundless. Accessed October 22, 2024. Boundless. October 22, 2024. USAGov. September 3, 2024. U.S. Department of State, Bureau of Consular Affairs. Asylum August 1, 2024. USAFacts. Ted Hesson and Mica Rosenberg. June 5, 2024. Reuters. Accessed October 22, 2024. Migration Policy Institute. Unauthorized Immigration John Gramlich. October 1, 2024. Pew Research Center. Jeffrey S. Passel and Jens Manuel Krogstad. July 22, 2024. Pew Research Center. Backlog December 18, 2023. TRAC Immigration. Immigrant Detention Eunice Cho. August 7, 2023. American Civil Liberties Union. Irwin County Detention Center November 15, 2022. Senate Committee on Homeland Security and Governmental Affairs, Permanent Subcommittee on Investigations. Jonathan Raymond. November 15, 2022. 11 ALIVE. May 20, 2021. WABE. Molly O’Toole. May 20, 2021. The LA Times. C. Carlos Carreiro Immigration Detention Center in Bristol County, MA Ben Berke. May 21, 2021. The Public’s Radio. December 15, 2020. Office of the Massachusetts Attorney General Civil Rights Division. Etowah County Detention Center in Gadsden, Alabama Erin Wise. April 15, 2022. ABC 33 40 News. Ted Hesson and Mica Rosenberg. March 25, 2022. Reuters. March 25, 2022. BirminghamWatch. March 25, 2022. U.S. Immigration and Customs Enforcement. Paul Moses. June 8, 2018. The Daily Beast. Glades County Detention Center in Moore Haven, Florida February 2, 2022. Freedom for Immigrants. Debbie Wasserman Schultz et al. February 1, 2022. South Texas Family Residential Center Accessed October 22, 2024. OpenSecrets. Sandra Sanchez. Updated June 24, 2024. Border Report. Ted Hesson. June 10, 2024. Reuters. Penalties for Illegally Entering Countries World Population Review. Bipartisan Border Bill Failure Ariana Figueroa. May 24, 2024. Missouri Independent. Catherine Rampell. May 23, 2024. The Washington Post. Mary Clare Jalonick and Stephen Groves. February 7, 2024. AP News. Mary Clare Jalonick and Stephen Groves. February 7, 2024. AP News. The Bills H.R. 2 Outline Division A - Border Wall Would require the Secretary of Homeland Security to resume “all activities” related to constructing a border wall between the US and Mexico that were planned by the Trump administration. Wall would have to be at least 900 miles long, and include not only a physical wall, but also surveillance towers, radars, seismic acoustic detection sensors, and 24 hour drone monitoring. Would require killing all carrizo cane and salt cedar plants along the Rio Grande River by releasing non-stinging wasps imported from Spain and France into the area. Would waive “all legal requirements” that would stand in the way of of building the wall. Division B - Immigration Enforcement and Foreign Affairs Would make it illegal to process asylum claims of individuals who: do not enter at official ports of entry. crossed through another country on their way to the US and did not apply to live there and receive an official denial in each country they entered before entering the US. have been convicted of misdemeanor offenses, allowing the Secretary of Homeland Security or Attorney General to add disqualifying acts without approval from Congress and no court reviews allowed. Would allow the Secretary of Homeland Security to take away the authorization for an individual who has been accepted into the US through the asylum process to work legally in the US. Work permits would only be authorized for 6 months at a time. Would reopen detention centers that were closed by the Biden Administration. Title V - Protection of Children Would require the DHS Secretary to return unaccompanied children back to their home countries if they are not trafficking victims and do not have a fear of Return. Would authorize immigration officers to withdraw a child’s application to be admitted into the United States regardless of the child’s ability or desire to do so. Would require the DHS to collect information - name, social security number, DOB, address, contact info, and immigration status - of people who will be taking custody of immigrant children. Within 30 days of receiving that information, if they determine that individual is not legally in the United States, must initiate removal proceedings. Would change the law so that these people have “access” to lawyers instead of having lawyers to represent them. Title VI - Visa Overstay Penalties Would Increase fines for illegally entering the United States from $50-250 to $500-1000 Would create new penalties for overstaying visas: First offense: fines up to $1,000 or up to 6 months in prison, or both Repeat offenses: fines up to $2,000 or up to 2 years in prison, or both S.4361 Outline Division A - Border Security & Combatting Fentanyl Supplemental Appropriations $6.3 billion to border patrol. $6 billion to Immigration and Customs Enforcement. ~$2.4 billion for deportations. ~$1.6 billion for prisons (the goal in the bill is for ICE to be able to detain 46,500 humans at all times). ~$1.2 billion for services to help people navigate the immigration and asylum system, and to help people leave the country if denied visas (). ~$415 million to hire more ICE agents (goal is to hire 800 more agents). ~$200 million for counter fentanyl investigations. ~$4 billion to US Citizenship and Immigration Services with most going towards hiring more staff. ~ $1.2 billion to the State Department $850 million for “humanitarian needs in the Western Hemisphere” to reduce migration (with the idea being that if their home countries are less dangerous, then people won’t want to come here as often) $230 million to pay other countries to accept deported individuals. $440 million, most of which would be spent on Immigration Judge Teams which include lawyers, court administrators, staff, and court costs. Would expand the number of border patrol and ICE officers authorized to issue a notice to appear, reducing the workload of the judges. Would allow protection determination proceedings to take place in any federally owned or leased building that is not property owned, leased or managed by ICE or border patrol and is “a reasonable distance” from the migrants current residence, expanding the locations where the cases can be heard beyond the already too crowded court buildings. Division B - Border Act Title I - Capacity Building For five years: would give the Secretary of Homeland Security the authority to appoint people to positions within the Refugee, Asylum, and International Operation Directorate, the Field Operations Directorate, and the Service Center Operations Directorate of US Citizenship and Immigration Services if the Secretary determines that a critical hiring need exists. would give the Secretary of Homeland Security the authority to appoint ICE deportation officers if the Secretary determines that a critical hiring need exists. Would provide a permanent authority for the DHS Secretary to re-hire a former employee to any position in ICE, Border Patrol, or US Citizenship & Immigration Services. Would give asylum officers a 15% pay raise. Would require annual training for border patrol officers about the law, de- escalation techniques, and migrant and agent safety measures. Title III - Securing America For three years, the Secretary of Homeland Security would be given the authority “in the Secretary’s sole and unreviewable discretion” to declare a “border emergency” and remove any migrant who doesn’t have pre-determined permission to enter the United States or doesn’t present themselves at a port of entry in accordance with a process approved by the DHS Secretary. Title IV - Promoting Legal Immigration Would set up a special process to more easily admit no more than 10,000 refugees who worked with the United States from Afghanistan. Would allow the spouse, fiancé, or child of an admitted migrant to join them in the United States and receive employment authorizations. Would slightly increase the number of visas for family members that would be issued in years 2025 through 2029 (512,000 instead of 480,000 = ~ 6% increase). Audio Sources August 22, 2024 29:45 Vice President Kamala Harris: And let me be clear. After decades in law enforcement, I know the importance of safety and security, especially at our border. Last year, Joe and I brought together Democrats and conservative Republicans to write the strongest border bill in decades. The Border Patrol endorsed it. But Donald Trump believes a border deal would hurt his campaign. So he ordered his allies in Congress to kill the deal. Well, I refuse to play politics with our security. Here is my pledge to you: As President, I will bring back the bipartisan border security bill that he killed. And I will sign it into law. July 18, 2024 April 18, 2018 Senate Judiciary Committee, Subcommittee on Border Security and Immigration Witness: James McHenry, Director, Executive Office for Immigration Review, U.S. Department of Justice Clips 2:42 Sen. John Cornyn (R-TX): Earlier administrations, both Republican and Democrat, have struggled with how to reduce the case backlogs in the immigration courts. And, unfortunately, Congress has never provided the full extent of immigration judges and support staff truly needed to eliminate the backlogs. As a result, backlogs continue to grow, from 129,000 cases in fiscal 1998 to a staggering 684,000 as of February 2018. 3:27 Sen. John Cornyn (R-TX): Aliens in removal proceedings sometimes wait for years before they ever appear before an immigration judge. For example, as of February 2018 courts in Colorado have the longest time for cases sitting on their docket more than 1,000 days -- almost three years. In my home state of Texas, the current wait is 884 days -- almost two and a half years. 28:45 James McHenry: A typical immigration court proceeding has two stages, or two parts. The first is the determination of removability. The Department of Homeland Security brings charges and allegations that an alien has violated the immigration laws. The judge, the immigration judge, first has to determine whether that charge is sustained, and that will be based on the factual allegations that are brought, so the judge will make determinations on that. If there is a finding that the alien is removable, then the case proceeds to a second phase. If the judge finds the alien is not removable, then the case is terminated. At the second phase, the immigration judge gives the alien an opportunity to apply for any protection or relief from removal that he or she may be eligible for under the Immigration and Nationality Act. This will involve the setting of a separate hearing at which the respondent may present evidence, they may present witnesses, they have the right to cross-examine witnesses brought by the department, and they will bring up whatever factual bases there is for their claim of relief or protection. At the end of that hearing, the immigration judge will assess the evidence, will assess the testimony, will look at the law, and will render a decision. The judge may either grant the application, in which case the respondent will get to remain in the United States. The judge may deny the application but give the respondent an opportunity to voluntarily depart at their own expense and sometimes after paying a bond, or the immigration judge may order the alien removed. 41:50 Senator Mike Lee (R-UT): I believe you recently testified in front of the House Judiciary Committee that it would take about 700 immigration judges in order to be able to address the backlog and address the current case load. Is that correct? James McHenry: Yeah, last fall the president proposed adding additional immigration judges, up to a number of 700. If we can get 700 on board, especially with our performance measures, we could complete over 450,000 cases a year. That would eviscerate the backlog. Sen. Mike Lee (R-UT): So, 700 would do it…. End of Episode Announcements Andrew Heaton’s New Book: Music by Editing Production Assistance /episode/index/show/congressionaldish/id/33585692

CD301: 2024 Election Study Guide 09/28/2024

CD301: 2024 Election Study Guide We’re making it easy for you to judge the job performances of your members of Congress! In this episode, Jen tells you about a list of single issue votes that were taken in the House and Senate during the 118th Congress. Most importantly, we gave you all the information you need to find your members’ voting records in this episode’s show notes. You can find your 2024 Congressional Election Study guide in the episode 301 show notes on www.congressionaldish.com. Happy voting! Please Support Congressional Dish – Quick Links Contribute monthly or a lump sum via Support Congressional Dish via (donations per episode) Send Zelle payments to: [email protected] Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or [email protected] Use your bank’s online bill pay function to mail contributions to: Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Enacted Laws Congressional Dish Episode: ← find how your Representative voted here ← find how your Senator voted here Effects of H.R. 7888: Expands the number of people allowed to be legally spied on by the U.S. government and the number of people with information stored in the FISA database (which has information about Americans whose data has been collected along with information about foreigners). It does so by… Giving the Department of Justice (DOJ) permission to search the FISA database to vet foreigners who are applying for tourist visas to visit the United States and Expanding the definition of ‘foreign intelligence’ to include counter narcotics targets. Expands the number of companies who get legal immunity for turning our information over to the government by expanding the definition of “electronic communications service provider”. The Federal Bureau of Investigation (FBI) is no longer legally allowed to search the FISA database solely to find evidence of a crime. The Federal Bureau of Investigation (FBI) is prohibited from using uncorroborated information from political groups or anonymous sources in press reports to get FISA warrants. Limits the number of people within the government who are allowed to search through the database. Background Sources for H.R. 7888: INTEL.gov. Michael Horowitz. April 27, 2023. U.S. Department of Justice, Office of the Inspector General. Jonathan Turley. December 14, 2019. The Hill. Conor Clarke. February 2014. Stanford Law Review. “The Biggs Amendment” to H.R. 7888 [failed] ← find how your Representative voted here Intended Effect of the Biggs Amendment: Would require U.S. government officials to get a warrant before searching through the FISA database for information about U.S. citizens or companies, with emergency exceptions. Congressional Dish Episode: ← find how your Representative voted here Effects of H.R. 7521: It is now illegal for companies to provide internet hosting services, distribute, and/or update “foreign adversary controlled applications”, websites, or games, which are partially owned by a foreign person and are determined by the President - with no proof required - to pose “a significant threat to the national security of the United States.” Establishes a process that allows companies to host, distribute, and/or update if the app, website, or game changes ownership. If companies host, distribute, and/or update the targeted apps, websites, or games, the companies are subject to fines that - depending on the user base of the targeted app, website, or game - can be hundreds of billions of dollars. ← find how your Representative voted here Intended Effects of H.R. 8034: Provide almost $26 billion to Israel. 64% of the money would be for war expenses 35% of the money would be for humanitarian purposes Less than 1% of the money would be for diplomatic expenses Provide $400 million for FEMA Background Sources for H.R. 8034: April 17, 2024. Al Jazeera. Fatima Al-Kassab. January 26, 2024. NPR. ← find how your Representative voted here Intended Effects of H.R. 8035: Provide over $60 billion for Ukraine (and other neighboring countries) 83% of the money would be for war expenses 16.5% of the money would be for humanitarian expenses Less than 0.5% of the money would be for diplomatic expenses Provide $341 million for production of nuclear weapons materials and nuclear nonproliferation programs House Bills ← find how your Representative voted here Intended Effects of H.R. 7023: Double the length of permits to discharge pollutants in waterways from 5 years to 10 years Removes the EPA administrators ability to prohibit discharges in specific disposal sites if he determines that the discharge of materials will have an unacceptable adverse effect on municipal water supplies, shellfish beds and fishery areas, wildlife, or recreational areas after a disposal permit has been issued. Creates nationwide permits to allow for transmission projects for people, water, wastewater, carbon dioxide, fuel, and oil and gas pipelines that do not result in a “loss greater than 1/2 acre of waters of the United States for each single and complete project” In reissuing these nationwide permits, the EPA would not be required to consult with a state nor any other Federal agency and these permits will get to short cut environmental assessments that are required by the National Environmental Policy Act. Limits judicial review Puts a 60 day time limit after the permit is issued for a judicial review Doesn’t allow anyone who didn’t file a comment during the public comment period to file a lawsuit. If someone did file a comment, they may not file a lawsuit about anything that they didn’t address in their comment. Prohibits the court from vacating, revoking, or limiting the permit unless the court finds that the activities authorized “present an imminent and substantial danger to human health or the environment for which there is not other equitable remedy available under the law’ Approves an end-of-Trump administration EPA approval for Florida to administer Clean Water Act permitting. Background Sources for H.R. 7023: Becky Bohrer and Patrick Whittle. January 31, 2023. PBS News. July 19, 2016. Earthjustice. Earthjustice. ← find how your Representative voted here Intended Effects of H.R. 1435: Prohibit states from banning fossil fuel burning internal combustion engines in cars and trucks. Effectively revokes the EPA waiver that allows California to ban the sale of fossil fuel burning cars. Background Sources for H.R. 1435: Jeff St. John. September 23, 2020. Greentech Media. ← find how your Representative voted here Intended effects of H.R. 7176: Give the Federal Energy Regulatory Commission the “exclusive authority” to approve or deny applications to export natural gas from the United States to a foreign country, which eliminates requirements for Department of Energy approval and provisions to address free trade agreements. Deems exportation or importation of natural gas to be in the public interest. Background Sources for H.R. 7176: September 26, 2024. National Drought Mitigation Center. Zachary-Taylor Wright. September 17, 2024. MySA. Steven Santana. July 23, 2024. MySA. ← find how your Representative voted here Intended Effects of H.R. 6543: Requires providers of short term lodging (hotels and AirBnBs) and Internet platforms that advertise and sell short term lodging to display the total price including all mandatory fees, except for government taxes and fees. ← find how your Representative voted here Intended Effects of H.R. 3950: Requires ticket issuers and secondary market ticket issuers to clearly display the total ticket price, including all fees, at the time the ticket price is first displayed and provides an itemized list of charges before the ticket purchasing process is complete. Prohibits ticket issuers and secondary market ticket issuers from selling tickets that they do not physically possess at the time of sale. Prohibits secondary ticket issuers from using the word ‘official’ or similar words implying a partnership in their marketing and search engine wording unless they have the consent of the venue, team, or artist. Requires ticket issuers to provide a refund or a similar ticket to a rescheduled event, with the approval of the customer, if an event is canceled or postponed (except for in case of a natural disaster or other event beyond the ticket issuer’s control). ← find how your Representative voted here Intended Effects of H.R. 4639: Prohibits law enforcement or the intelligence community from buying customer or subscriber information directly from companies or from data brokers. Any information “illegitimately obtained” is not allowed to be used against us in court. Has exceptions for FISA surveillance of foreigners. Limits immunity for companies that comply with surveillance orders and do not stop the surveillance when a court order is denied. Background Sources for H.R. 4639: Carly Page. July 18, 2022. TechCrunch. Senior Advisory Group Panel on Commercially Available Information. January 27, 2022. Office of the Director of National Intelligence. Byron Tau. June 19, 2020. The Wall Street Journal. Senate Bills ← find how your Senator voted here Intended Effects of S. 316: Repeal the authorizations for US military operations in Iraq that were passed in 1991 and 2002. Background Sources for S. 316: Meghann Myers. January 25, 2024. Military Times. ← find how your Senator voted here Intended Effects of S. 4072: To prevent the enforcement of the , which would set stricter standards for fossil fuel burning cars and trucks that would be phased in between model year 2027 and 2032. Prohibits enforcement of any similar rule that could be written in the future. The standards could be met via the production of cleaner fossil fuel powered vehicles, hybrids, plug-in hybrids, and electric vehicles. EPA estimates the air pollution reductions would provide ~$13 billion in reduced annual health care costs by preventing the emission of thousands of tons of particulate matter, nitrogen oxides, and volatile organic compounds. EPA estimates the new standards would save Americans $46 billion per year in fuel costs and $16 billion per year due to reduced maintenance and repair costs for drivers, totaling ~$6,000 over the course of a new vehicle’s lifetime. ← find how your Senator voted here Intended Effects of S. 4445: Guarantees an individual’s rights to receive fertility treatment, make decisions regarding the donation, use, storage, and disposal of oocytes, sperm, fertilized eggs and embryos, and enter contracts with health care providers to enact those decisions. Guarantees a health provider’s right to provide fertility treatments and provide for testing, use, storage, shipping, and disposal of genetic material including oocytes, sperm, fertilized eggs, and embryos. Guarantees a health insurance provider’s right to cover fertility treatments. Guarantees a manufacturer’s right to manufacture, import, market, sell, and distribute drugs and devices that are used for fertility treatments. Allows lawsuits against any State or individual who interferes with the right to fertility treatments by the Attorney General, health care providers, and individuals adversely affected. This would supersede any State law regardless of when it was enacted and prohibits enforcement of any state law that is in conflict with these rights. Requires the Department of Defense to provide fertility treatments (specifically three egg retrievals and unlimited embryo transfers) to active duty military members and their spouses. Requires health plans, Medicaid, and Medicare that cover obstetrical (child birth related) services to also provide coverage for fertility treatments. Background sources for S. 4445: Maya C. Miller. September 17, 2024. The New York Times. Alander Rocha. April 3, 2024. Alabama Reflector. Alander Rocha. February 19, 2024. Alabama Reflector. Audio Sources March 21, 2024 Clips Rep. Rick Larsen (D-WA): My colleagues have criticized EPA’s use of its Clean Water Act review or veto authority. Yet, the record shows EPA’s use of this authority has been consistent with congressional intent. I see no reason for removing this authority. Since enactment of the Clean Water Act in 1972, EPA has only exercised this authority 14 times—most recently in relation to large-scale mining proposals in Alaska and West Virginia. EPA’s use of this authority has, in fact, been bipartisan. EPA used it 2 times during Democratic administrations and 12 times during Republican administrations. Rep. Eric Burlison (R-MO): This bill will cut red tape, strengthen the permitting process in favor of those seeking the permits, provide clarity to the EPA to ensure that they are following what the law intends, and, most importantly, fight back against the militant climate agenda. Rep. Eric Burlison (R-MO): Our court system is already being attacked from every angle. Let’s not let the environmentalists continue to manipulate the courts to push their climate religion. It should be an efficient and speedy process so businesses can build the infrastructure that our country depends on. Rep. David Rouser (R-NC): Mr. Chairman, in closing, I encourage my colleagues on both sides of the aisle to support this bill, which provides energy predictability and certainty that our utilities, energy, manufacturing, and agricultural industries need to succeed, which are so critical to American greatness in energy, food production, and the manufacturing necessary to improve the standard of living of every American. That is what this is about, Mr. Chairman. Music by Editing Production Assistance /episode/index/show/congressionaldish/id/33245982

CD300: Right to Repair 09/17/2024

CD300: Right to Repair You do not have the right to repair your own belongings because of intellectual property rights granted to corporations by Congress in 1998. In this episode, listen to the debate happening in Congress about if and how they should grant customers the right to repair and get a status update on the multiple efforts under way in the current Congress, including one with a good chance of becoming law. Please Support Congressional Dish – Quick Links Contribute monthly or a lump sum via Support Congressional Dish via (donations per episode) Send Zelle payments to: [email protected] Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or [email protected] Use your bank’s online bill pay function to mail contributions to: Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Background Sources Recommended Congressional Dish Episodes McDonald’s Ice Cream Machines Andy Greenberg. December 14, 2023. Wired. Joseph Fawbush. March 29, 2022. FindLaw. John Deere Luke Hogg. January 8, 2024. Reason. Internet of Things Updates and Maintenance Márk Szabó. August 27, 2024. WeLiveSecurity. Massachusetts Auto Repair Law Massachusetts Office of the Attorney General. DoD’s Revolving Door OpenSecrets. OpenSecrets. Karl Evers-Hillstrom and Reid Champlin. June 18, 2019. OpenSecrets. OpenSecrets. Salary.com. Military Right to Repair Issues Kyle Mizokami. February 11, 2020. Popular Mechanics. Max Finkel. February 8, 2020. Jalopnik. Elle Ekman. November 20, 2019. The New York Times. Lucas Kunce and Elle Ekman. September 15, 2019. Technological Protection Measures (TPMs) Jennifer Zerkee. November 8, 2023. Simon Fraser University. Cyber Risks Sam Curry et al. January 3, 2023. samcurry.net. Apple Lawsuit Brandon Vigliarolo. December 18, 2023. The Register. NDAA Sec. 828 Jason Koebler. August 28, 2024. 404 Media. AdvaMed et al. July 30, 2024. DocumentCloud via 404 Media. Laws Bills Sec. 828 : REQUIREMENT FOR CONTRACTORS TO PROVIDE REASONABLE ACCESS TO REPAIR MATERIALS. Fair Repair Act Audio Sources May 16, 2024 Senate Armed Services Committee Witnesses: Carlos Del Toro, Secretary of the Navy Clip Sen. Elizabeth Warren: So the Navy acquires everything from night vision goggles to aircraft carriers through contracts with big defense contractors, but the contractors often place restrictions on these deals that prevent service members from maintaining or repairing the equipment, or even let them write a training manual without going back through the contractor. Now the contractors say that since they own the intellectual property and the technical data underlying the equipment, only they have the right to repair that equipment. These right to repair restrictions usually translate into much higher costs for DOD, which has no choice but to shovel money out to big contractors whenever DOD needs to have something fixed. So take the Navy's littoral combat ship, General Dynamics and Lockheed Martin considered much of the data and equipment on the ship to be proprietary, so the Navy had to delay missions and spend millions of dollars on travel costs, just so that contractor affiliated repairmen could fly in, rather than doing this ourselves. Secretary Del Toro, when a sailor isn't allowed to repair part of their ship at sea, and a marine isn't allowed to access technical data to fix a generator on a base abroad. One solution is for the Navy to buy the intellectual property from the contractors. So can you say a little bit about what the benefits are of the Navy having technical rights for the equipment that it has purchased. Sec. Carlos Del Toro: The benefits are enormous, Senator, and we've actually had tremendous success, I'd say, in the last year and a half to two years, through the taxpayer advocacy program that we initiated when I came in. There have been three examples, one, gaining the intellectual property rights for the new ACV class of ships that will replace the AAVs. The F-35 negotiations really proved themselves out in a significant way as well, too. And lastly, the 20 F-18s that the Congress authorized in ‘22 and ‘23, we were able to make significant gains in terms of the government finally getting the intellectual property rights that were necessary for us to be able to properly sustain those moving forward. Sen. Elizabeth Warren: So I am very, very glad to hear this. I like the taxpayer advocacy project and how you're training contract officers to secure technical equipment that the Navy buys, but I think you should have the support of Congress on this. Senator Braun and I have introduced the Stop price gouging the military act to give DoD more tools to get cost and pricing data so that you will be in a better position to negotiate better deals with contractors. There's also more that we can do to ensure that the Navy and the rest of the services have the rights they need to bolster readiness. So let me ask you, Secretary Del Toro, would having a stronger focus on right to repair issues during the acquisition process, like prioritizing contract bids that give DoD fair access to repair materials, and ensuring that contract officers are looking into buying technical rights early on, would that help the Navy save costs and boost readiness at the same time? Sec. Carlos Del Toro: Very much. Senator, in fact, one of the things that we have prioritized since I came in as Secretary of the Navy, given my acquisition background, is actually those negotiations need to happen as early as possible before that we even as we develop the acquisition strategy for that contract to go out to bid, and by doing so, we will reap tremendous returns. July 18, 2023 House Judiciary Committee Witnesses: Aaron Perzanowski, Thomas W. Lacchia Professor of Law, University of Michigan Law School , Legal Fellow, Hudson Institute’s Forum for Intellectual Property Kyle Wiens, Co-founder and CEO, iFixit Paul Roberts, Founder, SecuRepairs.org; Founder and Editor-in-Chief, the Security Ledger Scott Benavidez, Chairman, Automotive Service Association; Owner, Mr. B’s Paint & Body Shop Clips 41:25 Scott Benavidez: My name is Scott Benavidez. I'm the Chairman of the Automotive Service Association's Board of Directors. I am also a second generation shop owner from Albuquerque, New Mexico, Mr. B's Paint and Body Shop. Scott Benavidez: We do have concerns when some insurers insist on repairs that are simply cheaper and quicker, without regard to quality and safety. Repairers understand better than anyone the threat of replacement crash parts or lesser quality. We can and should have a competitive marketplace that doesn't compromise quality or safety, deciding to only cover the cheapest option without understanding implications for quality leaves collision shops and their customers in a tough position. Very few consumers have the knowledge about these types of crash parts used on their vehicles as numerous crash parts in the marketplace, such as OEM (original equipment manufactured) parts, certified aftermarket parts, aftermarket parts, reconditioned crash parts, and recycled crash parts. Repairers can make recommendations, but their customers are unlikely to hear if the insurance won't cover them. 46:45 Paul Roberts: My name is Paul Roberts, and I'm the founder of Secure Repairs. We're an organization of more than 350 cyber security and information technology professionals who support the right to repair. 46:55 Paul Roberts: I'm speaking to you today on behalf of our members to make clear that the fair access to repair materials sought by right to repair laws does not increase cyber risk, and in fact, it can contribute to a healthier and more secure ecosystem of smart and connected devices. Paul Roberts: Proposed right to repair legislation considered by this Congress, such as the Repair Act, or last session, the Fair Repair Act, simply asks manufacturers that already provide repair information and tools to their authorized repair providers to also provide them at a fair and reasonable price to the owners of the devices and to third parties that they may wish to hire to do their work. 47:35 Paul Roberts: By definition, the information covered by right to repair laws is not sensitive or protected, as evidenced by the fact that the manufacturers already distribute it widely to hundreds, thousands, or even tens of thousands of workers for their authorized repair providers. This could be everyone from mechanics working at auto dealerships to the folks staffing the Geek Squad at Best Buy. 48:00 Paul Roberts: Also, we have yet to find any evidence that the types of information covered by right to repair laws like schematic diagrams, service manuals, diagnostic software and replacement parts act as a portal to cyber attacks. The vast majority of attacks on internet connected devices - from broadband routers to home appliances to automobiles - today exploit weaknesses in the embedded software produced and distributed by the manufacturers, or alternatively, weak device configurations so they're deployed on the internet in ways that make them vulnerable to attack. These security weaknesses are an epidemic. A recent study of the security of Internet of Things devices, by the company Phosphorus Labs, or a cybersecurity company, found that 68% of Internet of Things devices contained high risk or critical software vulnerabilities. As an example, I'd like to call attention to the work of a group of independent researchers recently led by Sam Curry, who published a report, and you can Google this, "Web Hackers vs. the Auto Industry" in January 2023. That group disclosed wide ranging and exploitable flaws in vehicle telematics systems from 16 different auto manufacturers. At a leading GPS supplier to major automakers, the researchers claimed to obtain full access to a company-wide administration panel that gave them the ability to send arbitrary commands to an estimated 15.5 million vehicles, including vehicles used by first responders, police, fire and so on. Hacks like this take place without any access to repair materials, nor is there any evidence that providing access to repair software will open the doors to new attacks. 50:05 Paul Roberts: For the last 25 years, Section 1201 of the Digital Millennium Copyright Act has given manufacturers an incentive to deploy software locks widely and to limit access to security researchers. That's kind of a model what we call in cybersecurity, security through obscurity. In other words, by keeping the workings of something secret, you're making it secure. But in fact, that doesn't work, because cyber criminals are very resourceful and they're very determined, and they don't really care what the law says. 50:35 Paul Roberts: Section 1201 has also enabled what one researcher has described as dark patterns in the design and manufacture of hardware that includes everything from locking out customers from access to administrative interfaces, administrative features of the products that they own, as well as practices like part pairing, which Kyle will talk to you more about, in which manufacturers couple replaceable components like screens and sensors and cameras to specific device hardware. Such schemes make manufacturers and their authorized repair providers gatekeepers for repairs, and effectively bar competition from the owners of the devices as well as independent repair providers. 54:45 Kyle Wiens: You think about what is local? What is American? Main Street you have a post office and a repair shop. And unfortunately, we've seen the whittling down of Main Street as the TV repair shops went away when the manufacturers cut off access to schematics, as the camera repair shops went away when Nikon and Canon decided to stop selling them parts. We've seen this systematically across the economy. In the enterprise space, you have Oracle and IBM saying that you can't get security updates to critical cyber infrastructure unless you buy a service contract with them, so they're tying long term service contracts with the security updates that are necessary to keep this infrastructure secure. 56:45 Kyle Wiens: Over the last decade plus, I've been working on Section 1201, trying to get exemptions for the ability to repair products. The challenge that we've had in the section 1201 process every triennial I go back and we ask for permission to be able to fix our own things is that the exemptions we've gotten really only apply to individual consumers. They aren't something that I could use to make a tool to provide to one of you to fix yourself. So in order for someone to take advantage of a 1201 exemption that we have, they have to be a cybersecurity researcher and able to whittle their own tools and use it themselves, and that just doesn't scale. 57:45 Devlin Hartline: My name is Devlin Hartline, and I'm a legal fellow at the Hudson Institute's forum for intellectual property. 57:50 Devlin Hartline: I'd like to start with a question posed by the title of this hearing, is there a right to repair? And the answer is clearly no. A right is a legally enforceable claim against another, but the courts have not recognized that manufacturers have the duty to help consumers make repairs. Instead, the courts have said that while we have the ability to repair our things, we also have the duty not to infringe the IP rights in the process. So it is in fact, the manufacturers who have the relevant rights, not consumers. 58:30 Devlin Hartline: Right to repair supporters want lawmakers to force manufacturers to make the tools, parts, and know-how needed to facilitate repairs available to consumers and independent repair shops. And the assumption here is that anything standing in the way of repair opportunities must necessarily harm the public good, but these tools, parts and know-how, are often protected by IP rights such as copyrights and design patents. And we protect copyrighted works and patented inventions because, as the Constitution recognizes, this promotes the public good. We reward creators and innovators as an incentive for them to bring these things to the marketplace and the public benefits from the introduction of new products and services that increase competition. Thus, the right to repair movement isn't based on a pre-existing right. It's instead asking lawmakers to create a new right at the expense of the existing rights of IP owners. 1:00:45 Devlin Hartline: IP owners are merely exercising their federally protected IP rights, and this is not actionable anti-competitive conduct. It is instead how the IP system is supposed to work. We grant IP owners exclusive rights so they can exclude others, and this, in turn, promotes the investments to create and to commercialize these creative innovations in the marketplace, and that promotes the public good. Aaron Perzanowski: My name is Aaron Perzanowski. I am a professor of law at the University of Michigan, and for the last 15 years, my academic research has focused on the intersection of personal and intellectual property rights in the digital economy. During that time, the right to repair has emerged as a central challenge to the notion that we as consumers control the devices that we buy. Instead consumers, farmers, small businesses, all find that manufacturers exert post-sale control over these devices, often in ways that frustrate repair. Aaron Perzanowski: Repair is as old as humanity. Our Paleolithic ancestors repaired hand axes and other primitive tools, and as our technologies have grown more complex, from the Bronze Age through the Renaissance, to the high tech devices that we all have in our pockets here today, repair has always kept pace. But today, manufacturers are employing a range of strategies that restrict repair, from their hardware and software design choices to clamp downs on secondary markets, and we also troublingly see attempts to leverage IP rights as tools to restrict repair. These efforts are a major departure from the historical treatment of repair under the law, the right to repair is not only consistent with nearly two centuries of IP law in the United States, it reflects half a millennium of common law property doctrine that rejects post-sale restrictions on personal property as early as the 15th century. English property law recognized that once a property owner sells an item, efforts to restrain how the new owner of that item can use it are inconsistent with the essential nature of private property and obnoxious to public policy. As the Supreme Court has repeatedly recognized, IP laws' respect for the property interests of purchasers of copyrighted and patented goods was profoundly shaped by this common law tradition. In 1850, the Supreme Court recognized that the repair of a patented machine reflected "no more than the exercise of that right of care, which everyone may use to give duration to that which he owns." A century later, the Court held that the repair of a convertible car roof was justified as an exercise of "the lawful right of the property owner to repair his property." And just a few years ago, the court reaffirmed the rejection of post-sale restrictions under patent law in Impression Products vs. Lexmark, a case about refurbishing printer ink cartridges. Copyright law, not surprisingly, has had fewer occasions to consider repair restrictions. But as early as 1901, the Seventh Circuit recognized "a right of repair or renewal under US copyright law." When a publisher sued to prevent a used book dealer from repairing and replacing damaged components of books, the court said that "the right of ownership in the book carries with it and includes the right to maintain the book as nearly as possible in its original condition." A century after that, Congress itself acknowledged repair as a right that owners enjoy, regardless of copyright restrictions, when it enacted section 117 C of the Copyright Act. That provision was designed to undo a Ninth Circuit decision that allowed copyright holders to prevent third party repairs of computers. Section 117 C explicitly permits owners of machines to make copies of computer programs in the course of maintenance or repair. And finally, the US Copyright Office over the last decade has repeatedly concluded that diagnosis, repair, and maintenance activities are non-infringing when it comes to vehicles, consumer devices, and medical equipment. So the right to repair is firmly rooted in basic principles of US IP law. Aaron Perzanowski: Section 1201 of the DMCA makes it practically impossible for consumers to exercise their lawful right to repair a wide range of devices, from tractors to home electronics, even though the copyright office says those activities are not infringing, and the weakening of standards for design patents allow firms to choke off the supply of replacement parts needed to repair vehicles, home appliances, and other devices. Aaron Perzanowski: One way to think about a right is as an affirmative power to force someone else to engage in some behavior, and in some cases, that is what we're talking about. We're talking about imposing, especially on the state level, regulations that impose requirements on manufacturers. I think that's true of the Repair Act on the federal level as well. But, I think part of what we also need to keep in mind is that sometimes what you need to effectuate a right is to eliminate barriers that stand in the way of that right. So we can think about this, I think, helpfully in the context of tools that enable people to engage in repair. The state level solution has been to require manufacturers to give their own tools to repair shops, sometimes compensated under fair and reasonable terms. The other solution would be to change section 1201 to say, let's allow independent repair shops to make their own tools. I think both of those... /episode/index/show/congressionaldish/id/33099472

CD299: DNC 2024 08/28/2024

CD298: Drafting WWIII 08/18/2024

CD298: Drafting WWIII The Senate recently received testimony from the bipartisan co-chairs of the Commission on the National Defense Strategy, who were tasked with creating a report to Congress with recommendations needed to adapt our National Defense Strategy to current threats. In this episode, hear the testimony about that completed report during which they discuss preparations for a possible world war and the need for more American kids to fight and die in it. Please Support Congressional Dish – Quick Links Contribute monthly or a lump sum via Support Congressional Dish via (donations per episode) Send Zelle payments to: [email protected] Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or [email protected] Use your bank’s online bill pay function to mail contributions to: Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Background Sources Recommended Congressional Dish Episodes The Report Jane Harman et al. July 2024. Senate Committee on Armed Services. Jane Harman: Warmonger Open Secrets. October 10, 2002. Clerk of the U.S. House of Representatives. September 14, 2001. GovTrack. Iridium Communications April 2, 2024. wallmine. GuruFocus Research. March 8, 2024. Yahoo Finance. December 29, 2023. Market Screener. Bing. Iridium. Iridium. Iridium. Retrieved from the Internet Archive’s Wayback Machine version archived November 11, 2022. Axis of Aggression or Axis of Resistance? Angela Skujins. June 8, 2024. euronews. Nikita Smagin. June 15, 2023. Carnegie Politika. Defense Innovation Unit Defense Innovation Unit. Military Service Kristy N. Kamarck. December 13, 2016. Congressional Research Service. Christopher Hitchens. October 3, 2007. Vanity Fair. Mark Daily. Feb. 14, 2007. Los Angeles Times. Israel-Palestine Shay Fogelman. August 16, 2024. Haaretz. Steven Scheer and Ali Sawafta. August 14, 2024. Reuters. July 2, 2024. Al Mayadeen English. Steve Crawshaw. January 26, 2024. The Guardian. Patreon August 12, 2024. Patreon. C-SPAN Fundraiser C-SPAN. Bills: NDAA 2025 Audio Sources July 30, 2024 Senate Committee on Armed Services Witnesses: Jane M. Harman, Chair, Commission on the National Defense Strategy Eric S. Edelman, Vice Chair, Commission on the National Defense Strategy Clips 26:20 Sen. Roger Wicker (R-MS): The document details the way in which the 2022 National Defense Strategy and Assessment, completed just two years ago, did not adequately account for the threat of simultaneous and increasingly coordinated military action by our four primary adversaries. A group which I have come to call the Axis of Aggressors. Sen. Roger Wicker (R-MS): I appreciate the Commission's recommendation that national security spending must return to late Cold War levels — a goal which matches my plan to spend 5%, eventually, of GDP on defense. That level of investment would be temporary. It would be a down-payment on the rebuilding of our national defense tools for a generation. Tools that have sharpened can reduce the risk that our adversaries will use military force against US interests. 33:10 Jane Harman: The threats to US national security and our interests are greater than any time since World War II, and more complex than any threats during the Cold War. 34:00 Jane Harman: Sadly, we think, and I'm sure you agree, that the public has no idea how great the threats are and is not mobilized to meet them. Public support is critical to implement the changes we need to make. Leaders on both sides of the aisle and across government need to make the case to the public and get their support. Eric Edelman: There is potential for near-term war and a potential that we might lose such a conflict. The partnership that's emerged among China, Russia, Iran, and North Korea is a major strategic shift that we have not completely accounted for in our defense planning. It makes each of those countries potentially stronger militarily, economically, and diplomatically, and potentially can weaken the tools we have at our disposal to deal with them. And it makes it more likely that a future conflict, for instance, in the Indo-Pacific, would expand across other theaters and that we would find ourselves in a global war that is on the scale of the Second World War. Eric Edelman: The 2022 NDS identified China as the pacing challenge. We found that China is, in many ways, outpacing the US. While we still have the strongest military in the world with the farthest global reach, when we get to a thousand miles of China's shore, we start to lose our military dominance and could find ourselves on the losing end of a conflict. China's cyber capabilities, space assets, growing strategic forces, and fully modernized conventional forces are designed to keep us from engaging in the Taiwan Strait or the South or East China seas. China, as has been testified to before Congress, has infiltrated our critical infrastructure networks to prevent or deter US action by contesting our logistics, disrupting American power and water, and otherwise removing the sanctuary of the homeland that we have long enjoyed. 38:00 Eric Edelman: For its part, Russia has reconstituted its own defense industrial base after its invasion of Ukraine much more rapidly than people anticipated. Vladimir Putin seeks to reassert Russia as a great power and is happy to destabilize the world in order to do so. 38:15 Eric Edelman: Our report describes the threats posed by Iran, North Korea, and terrorism as well. Clearly, Iran and North Korea both feel emboldened by the current environment, and terrorism remains a potent threat fueled by the proliferation of technology. As the DNI has said, the current war in the Middle East is likely to have a generational impact on terrorism. 39:20 Jane Harman: First finding: DoD cannot and should not provide for the national defense by itself. The NDS calls for an integrated deterrence that is not reflected in practice today. A truly all elements of national power approach is required to coordinate and leverage resources across DoD, the rest of the Executive branch, the private sector, civil society, and US allies and partners. We agree with the NDS on the importance of allies, and we commend the administration for expanding and strengthening NATO and building up relationships and capabilities across Asia. We also point out ways for the United States to be better partners ourselves, including by maintaining a more stable presence globally and in key organizations like NATO. We call for reducing barriers to intelligence sharing, joint production, and military exports so we can better support and prepare to fight with our closest allies. 40:25 Jane Harman: Second recommendation is fundamental shifts in threats and technology require fundamental change in how DoD functions. This is particularly true of how DoD works with the tech sector, where most of our innovation happens. We say that DoD is operating at the speed of bureaucracy when the threat is approaching wartime urgency. DoD structure is optimized for research and development for exquisite, irreplaceable platforms when the future is autonomy, AI and large numbers of cheaper and attritable systems. I know this because I represented the Aerospace Center of Los Angeles in Congress for so many years, where exquisite, irreplaceable satellite platforms were built. And now we know that there is a plethora of commercial platforms that can do many of the same things and offer redundancy. DoD programs like Replicator and the Defense Innovation Unit and the Office of Strategic Capital are great, but they're essentially efforts to work around the larger Pentagon system. 42:00 Eric Edelman: Mr. Wicker, you raised the issue of the foresizing construct in your opening statement, and we, as you noted, found that it is inadequate. I mean, it was written actually before the invasion of Ukraine and before the emergence of this tightening alliance between Russia and China. And we propose that the force needs to be sized, the joint force, in conjunction with US allies and partners, to defend the homeland, but simultaneously be able to deal with threats in the Indo-Pacific, Europe, and the Middle East. These are not all the same fights, so different elements of the force would be required in different parts of the globe, but US global responsibilities require a global military response as well as a diplomatic and economic one. 43:20 Eric Edelman: The DoD workforce and the all-volunteer force provide us with a kind of unmatched advantage, but recruiting failures have shrunk the force and have raised serious questions about the sustainability of the all-volunteer force in peacetime, let alone if we had to mobilize for a major conflict or a protracted conflict. 44:30 Jane Harman: Additionally, we think that Congress should revoke the 2023 spending caps and provide real growth — I know Senator Wicker loves this one — for fiscal year 2025 defense and non-defense national security spending that, at a bare minimum, falls within the range recommended by the 2018 NDS Commission. That range was never achieved. Subsequent budgets will require spending that puts defense and other components of national security, other components jointly across government and the tech sector and partners and allies, on a glide path to support efforts commensurate with the US national efforts seen during the Cold War. Jane Harman: We agree on a unanimous basis that the national debt is its own national security challenge. If we want to approach Cold War levels of spending, we need to increase resources and reform entitlement spending. 45:40 Jane Harman: During the Cold War, top marginal income tax rates were above 70% and corporate tax rates averaged 50%. We don't call for those numbers, but we are calling for an increase in resources and point out that interest on the debt is higher than our total top line of defense spending. 49:55 Jane Harman: The notion of public service isn't new as you know, Mr. Chairman, it's been around for years. It was around when I served in Congress, and Congress did not act on any of the proposals that I saw. It is still a way to get all of the public, at the proper age, engaged in understanding the requirements of citizenship. A lot of our young people have no earthly idea, sadly, because they have no civic education, what our government really is and what are the ways to serve. And surely one of the most honorable ways to serve is as a member of the military, you did it, and other members of this committee have done this. And I think that is the way to revive a kind of sense of coherence and patriotism that we are lacking right now. Eric Edelman: We have not really, as a society, talked about the need for national mobilization, but if the worst were to happen and some of the worst scenarios we discuss in our report were to come to pass and were we to face a global conflict, it would require mobilization on the scale of what we did as a nation during World War II. And we haven't done that in a long time. We haven't thought about that in a long time. There are a lot of elements to it, including stockpiling strategic materials, but being able to rapidly bring people into the military, et cetera, I just don't think we are prepared to do it. I think we have to have a national discussion about this, and I think it goes hand in hand with the earlier discussion you had with my colleague about public service and serving the nation. 52:05 Sen. Jack Reed (D-RI): We had in World War II, two years, essentially from September 1st, 1939 to December 7th, 1941, to prepare. And I doubt we'll have two years to prepare in this environment. Eric Edelman: President Putin, in some ways, has done us a bit of a favor by having invaded Ukraine and exposed, as a result, some of the limitations of US defense industrial production, and shown that it's grossly inadequate to provide the equipment, technology, and munitions that the US military and our allies and partners need today, let alone given the demands of a potential future conflict, which might be even more taxing. Jane Harman: I remember being a member of the Defense Policy Board when Jim Mattis was Secretary of Defense, and his piece of advice to us was, let's do everything we can to keep Russia and China apart. Well, oops, that has not happened. And there is this close friendship and collaboration between them. You asked how is it manifested? Well, we see it most at the moment in Ukraine, where Russia was the aggressor violating international law and invading Ukraine, and China is a huge help to Russia in evading our sanctions by buying Russian gas and by its efforts to ship into China material for the war. And then you add in, as you mentioned, Iran and North Korea, which are suppliers of drones and other lethal material to Russia. And this unholy alliance, or I think you call it Alliance of Aggression, is extremely dangerous. Let's remember that both North Korea has nuclear weapons, Iran is at breakout for nuclear weapons, and the other two countries are nuclear countries. And where this goes is, it seems to me, terrifying. And that is, again, why we need to leverage all elements of national power to make sure we deter these countries from acting against us. Eric Edelman: Ukraine offered to give up, and I was involved in some of the diplomacy of this back in the nineties, the nuclear weapons that were left on its territory after the end of the Soviet Union. As a result of that, Ukraine gave them up, but in exchange for assurances from the United States, Russia, Great Britain and France, that its territorial integrity would be recognized along the borderlines that existed before the 2014 seizure of Crimea by Putin, which was a violation of those undertakings. If our assurances in the non-proliferation realm in this instance are shown to be hollow, it will raise questions in the minds of all of our allies about the assurances we've given them, our extended deterrent assurances, whether it's for our allies in Europe, part of our multilateral NATO alliance, or our bilateral allies in East Asia, or our partners, parts of special relationships we've developed in Middle East with Israel, the Kingdom of Saudi Arabia, the UAE, and Egypt and others. So the whole fabric, frankly, of the international order is at risk here, depending on the outcome in Ukraine. And to your point, if Putin is successful in Ukraine, the lesson that Xi Jinping is likely to draw is that he too can be successful in Taiwan or in the East China Sea or the South China Sea. Eric Edelman: Nuclear deterrence, Senator Fisher, is the fundamental on which everything else is built in terms of our national security. It's operating every day. It's not visible to American citizens, but the fact of our nuclear deterrent force, all three legs of the triad being available is the most powerful deterrent that we have to conflict. It's not sufficient, but it is the absolute basis, and we really, I think, agreed with the conclusion our colleagues on the Strategic Posture Commission reached, which is that we have to move forward with alacrity on all the elements of modernization of the nuclear triad. That's the GBSD Sentinel Program, that is the B-21, that is the Ohio replacement class. All of those things have to be accomplished and there are problems. One of the reasons we highlighted education is that some of the problems that GBSD are running into have to do with lack of skilled workers to be able to pour the kind of special reinforced concrete that you need for the new silos for missiles, the new control systems for missiles. We lack welders in the submarine industrial base, as Senator Wicker knows well. So there's a lot that has to be done across the board in order to move forward with nuclear modernization, but it is absolutely fundamental to our ability to deter aggression against our allies and of course against the homeland. Eric Edelman: The force right now is too small, and so we have to grow the force, and that's in the face of the recruiting challenges that we've highlighted in the report that the Army in particular, but also the Navy and the Air Force have faced. Sen. Deb Fischer (R-NE): And I'm going to interrupt you. Please. Why is it too small? Can you explain in this setting the threats that we are facing when we look at the adversaries that we face and how that has changed over the last decade? Eric Edelman: It's too small, in part because the Department was sizing itself for one conflict. But if you have to be present in three theaters, as we are now, we've got conflicts in two theaters now, if we have a third conflict in the third theater, it's going to require a lot more forces. People talk, for instance, about the Indo-Pacific being largely a Navy and Air Force fight. That's correct, but the logistics that support the Navy and the Air Force will largely be manned by the Army. And so we have to have an Army that is sufficiently large that it can operate in all of these places, potentially simultaneously, because honestly, it is very hard to imagine today a conflict in the Indo-Pacific that doesn't become a global conflict very quickly. Someone asked earlier in the hearing about cooperation between Russia and China. The last time I testified before this committee was two years ago about the so-called "Three Body Problem," Russia and China being both nuclear peers of the United States. And one of the criticisms that was leveled at my colleague, Frank Miller and me, was that, well, there's no evidence that Russia and China are collaborating in the nuclear area. Well, we just saw them flying strategic bombers together up near Alaska, so I don't know what more evidence you want that they're beginning to collaborate in that strategic area. Eric Edelman: If we got into some kind of conflict in the Indo-Pacific, whether it be over Taiwan or the South China Sea or East China Sea, what might Russia do? One thing that comes to mind is take advantage of the separatist movement in Moldova to move on Moldova, a country that's trying to move closer to the European Union and to the West, which would then precipitate additional conflict in Europe, or take advantage of the ethnic Russian speaking minorities in the Baltic states, say Latvia, to initiate a conflict there. How would we manage that? When you raise that question with Department [of Defense] leaders, they basically say, well, that — to go back to the chairman's point earlier — well that would be sort of like World War II or would require national mobilization, and that's correct, but we haven't really taken the next steps to really focus on what that and what a protracted conflict would actually look like. We're optimized to fight very short wars. 1:21:00 Sen. Mike Rounds (R-SD): There are five different domains in which our country will be attacked in the future. Air, land, and sea, most people would understand, but space and cyberspace are the new domains, which will precede any attack on the first three. Jane Harman: On cyber, it's a huge threat and I don't think we minimize it in any way. One of the things we might anticipate, for example, is if China decides to annex Taiwan, or whatever euphemism they might use, they might engage in a major cyber attack here first, for which we are under-prepared, a cyber attack of our infrastructure. When I was in Congress, I represented the Port of Los Angeles, which with the Port of Long Beach is the largest container port complex in the country. 50% of our container traffic enters and exits through those ports. There are cranes on the port to move the cargo, and those cranes have Chinese technology. So guess what? Sen. Mike Rounds (R-SD): All of which are subject to the possibilities of cyber attack. Jane Harman: Absolutely. We should anticipate that our ports could go down. Sen. Mike... /episode/index/show/congressionaldish/id/32623272

CD297: The Attempted Assassination of Donald Trump 07/27/2024

CD297: The Attempted Assassination of Donald Trump When Congress returned to work after the Republican National Convention, the House held three hearings investigating the attempted assassination of former President Donald Trump. In this episode, hear for yourself the facts presented by the Director of the Secret Service, the Pennsylvania State Police Commissioner, and the FBI Director during their 15 hours of testimony. Please Support Congressional Dish – Quick Links Contribute monthly or a lump sum via Support Congressional Dish via (donations per episode) Send Zelle payments to: [email protected] Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or [email protected] Use your bank’s online bill pay function to mail contributions to: Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Background Sources Recommended Congressional Dish Episodes Cheatle’s Failures Rep. James Comer and Rep. Jamie Raskin. July 22, 2024. House Committee on Oversight and Accountability. Julia Reinstein et al. July 16, 2024. ABC News. Would-be Assassin Emily Cochrane et al. July 19, 2024. The New York Times. Bernd Debusmann et al. July 19, 2024. BBC. Gaza Death Toll Rasha Khatib. July 20, 2024. The Lancet, Volume 404, Issue 10449. Audio Sources July 24, 2024 House Committee on the Judiciary Witnesses: Christopher Wray, Director, Federal Bureau of Investigation Clips Time stamps correspond to C-SPAN version 31:20 Christopher Wray: I'm told that the father purchased the firearm in 2013, so quite a while ago, and then he sold it to his son in October of 2023. 43:05 Christopher Wray: The reason why I've talked about how we think he got on the roof is that's based our evidence response to forensic analysis. Without getting into all the details, footprints, fingerprints, et cetera, that we can see how he got on. But we don't have an eyewitness at the moment who saw him climbing up. 43:25 Christopher Wray: A few minutes before the shooting, local law enforcement saw him on the roof. Again, no weapon identified at that point. A few seconds before the shooting is when the law enforcement officer that I've talked about already, the one who was assisted by another officer who saw up on the roof, saw the shooter in a prone shooting position with the gun. He turns… Rep. Barry Moore (R-AL): How long did that happen before? Christopher Wray: That sighting, that is the first time, to my knowledge, the first time anybody from law enforcement saw him with a weapon. That is seconds before he shot at President Trump. July 24, 2024 House Committee on the Judiciary Witnesses: Christopher Wray, Director, Federal Bureau of Investigation Clips Time stamps correspond to C-SPAN version 25:30 Christopher Wray: We have recovered eight cartridges on the roof. 28:05 Rep. Dan Bishop (R-NC): Have you developed any evidence to so suggest that there are any accomplices or cooperators or assisters? Christopher Wray: Not at this time, but again, the investigation is ongoing. 36:10 Christopher Wray: So we have recovered a drone that the shooter appears to have used. It's being exploited and analyzed by the FBI lab. The drone was recovered in his vehicle, so at the time of the shooting, the drone was in his vehicle with the controller. In addition, our investigation has uncovered -- Rep. Jim Jordan (R-OH): Do you know what time of day he flew it and if he flew it on the day of the shooting? Christopher Wray: So in addition, it appears that around 3:50-4:00PM, in that window, on the day of the shooting, that the shooter was flying the drone around the area. Rep. Jim Jordan (R-OH): Two hours before? Christopher Wray: I want to be clear about when I say the area, not over the stage and that part of the area itself, but I would say about 200 yards, give or take, away from that, we think, but we do not know. So again, this is one of these things that's qualified because of our ongoing review, that he was live streaming, viewing the footage from that. Again, about 11 minutes and around the 3:50-4:00 PM range. Rep. Jim Jordan (R-OH): Two hours before, he's flying a drone in the vicinity of the rally. Christopher Wray: About 200 yards away, yes. 37:25 Rep. Jim Jordan (R-OH): What about the bombs that we've heard about in the shooter's car? Christopher Wray: So again, the FBI lab is exploiting those explosive devices. We've recovered three devices, two in his vehicle and one back in his residence. Rep. Jim Jordan (R-OH): Are these what your experts would call sophisticated operations? I dunno. That's what I've been told by people who have some understanding of this area. Christopher Wray: Yeah, I think we've seen more sophisticated and less, I would say these are relatively, again, keyword relatively, crude devices themselves, but they did have the ability to be detonated remotely. And so to that point, in addition to the two devices that we recovered out of his vehicle, there were receivers for those two explosive devices with the devices. And then on the shooter himself, when he was killed by law enforcement, he had a transmitter with him. Now, I do want to add one important point here. At the moment, it looks to us, again, ongoing review, and I can't say that too many times, at the moment, it looks like because of the off position on the receivers, that if he had tried to detonate those devices from the roof, it would not have worked. But that doesn't mean the explosives weren't dangerous. 1:23:00 Christopher Wray: I think it's fair to say that we do not yet have a clear picture of his motive. 1:25:30 Christopher Wray: We located a number of firearms associated with the shooter and his family. I think it was a total of, I think 14 in the house. The weapon that he used for the attempted assassination was an AR-style rifle that was purchased legally that he, its my understanding, acquired, I think bought actually from his father, who was the one who originally bought it, again, legally. 1:46:20 Christopher Wray: So we do know that he purchased a ladder. I think if I recall correctly, it was about a five foot tall type of ladder. But importantly, we did not find the ladder at the scene. So it's not clear that he used the ladder to get on top of the roof. 1:52:40 Christopher Wray: The weapon had a collapsible stock, which could explain why it might've been less easy for people to observe, because one of the things that we're finding is people have observed him. The first people to observe him with the weapon were when he was already on the roof, and we haven't yet found anybody with firsthand observation of him with the weapon walking around beforehand. 1:54:00 Christopher Wray: There were no pictures or videos on the drone of the day of the rally, for example. But we have been able to reverse engineer the flight path of the drone from the day of the rally, and that's how we know that for about 11 minutes from, I think it's around 3:50 PM to 4:00 PM, somewhere in that range, he was flying the drone and we have the flight path, and it's about 200 yards away from where former President Trump would ultimately be speaking. And so that would've primarily given him a vantage point. I'm trying to think how to describe this. If the former President's podium is that way, the drone would be over here looking, say 200 yards again, off this way, looking back, so it would've shown the shooter -- we think, again, we're still doing more work on this. I really want to qualify what I'm saying, but I'm trying to be transparent and lean in here -- we think it would've shown him kind of what would've been behind him. Rep. Andy Biggs (R-AZ): When you say behind him, behind the shooter. Christopher Wray: Correct. In other words, almost like giving him a rear view mirror of the scene behind him, except again, he wasn't flying it overhead while he was later back for the assassination. Rep. Andy Biggs (R-AZ): But he would've had, with the drone, he would've been able to also assess, because the stage, I assume, was already set, he'd be able to assess that angle with rooftop as well, forward and backward, I assume. Christopher Wray: Well, certainly going towards the podium, again, we're still trying to figure out exactly what he saw, because having to, in effect, because there's no recording of what he saw during those 11 minutes, our hypothesis at this point, the experts think he would've been live streaming it, and so we're trying to, in effect say, okay, well this was the flight pattern. Given these capabilities of the drone, what would you have seen? What could you have seen for those 11 minutes? And again, it wasn't over the stage or kind of the hub of the rally. It was about 200 yards away, but it looks like it would've been looking, let's say, the length of a football field or so more towards the podium. 1:56:25 Christopher Wray: So again, with the caveat that we're continued to do work on it, we believe that the first time he traveled to the grounds was I think a week before and he spent roughly 20 minutes there. Then he went to the grounds again on the morning of the event. It appears for about 70 minutes, I think. But again, I qualify that. I'd have to go back and look to be sure of that part. And then he came back in the afternoon. So that would be, I guess a third time for good. But that included things like this drone activity we just talked about. 1:58:10 Rep. Adam Schiff (D-CA): Have you been able to gain access to the shooter's electronic communications, social media, and -- with the caveats that you mentioned that the investigation is still early -- have you been able to make any deductions or are there any indications of the shooter's motivation from those electronic holdings? Christopher Wray: So in terms of our ability to access it, we have been able to get into and exploit a number of electronic devices, digital devices, but not all of them yet. And then within his various accounts, we've been able to get access to some of them, but some of them we're still waiting on. Some of them we may never get access to because of the encryption issue. It presents an increasingly vexing barrier for law enforcement, not just the FBI, but for law enforcement all over the country. 1:59:30 Christopher Wray: It does appear fairly clear that he was interested in public figures kind of more broadly, and I think this is important, that starting somewhere around July 6th or so, he became very focused on former President Trump, on this rally. And so one of the things that I can share here today that has not been shared yet is that we've just in the last couple of days, found that from our review, to your point about devices, analysis of a laptop, that the investigation ties to the shooter reveals that on July 6th he did a Google search for "how far away was Oswald from Kennedy." And so that search obviously is significant in terms of his state of mind. That is the same day that it appears that he registered for the Butler rally. 2:15:30 Christopher Wray: So I know it was a Secret Service counter sniper who took the shot that eliminated the shooter. 2:15:50 Rep. Thomas Massie (R-KY): You mentioned that the would-be assassin bought a five foot ladder, you have credit card evidence of that. But it looks like on the scene there was a larger ladder that he might've used. Do you know which ladder he used to get to the roof? And do you have possession of that five foot ladder and the other ladder? And do you know how the taller ladder got to the scene? Christopher Wray: So this whole business about the ladder is something we're drilling into more. We do have possession of the five foot ladder that he purchased close in time to his attempted assassination that we've traced the purchase of that ladder from a receipt, a bloodied receipt that he had on him at the time his body was recovered on the roof. We do not yet know for sure how exactly he got up on the roof. We're looking at various forensic pieces to try to kind of piece that together. So more to come on that. Rep. Thomas Massie (R-KY): Do you know where the five foot ladder was found or retrieved? Was it near the roof or was it still in his vehicle? Christopher Wray: Neither. I don't have it in front of me, but I know that it was not, I know that it was not on scene and I know that it was not in his vehicle. 2:17:55 Christopher Wray: From everything we've seen, which is consistent with what we've learned in interviews, a lot of people describe him as a loner. That does kind of fit with what we're seeing in his devices. His list of contacts, for example, is very short compared to what you would normally see from most people. So it doesn't appear to be a whole lot of interaction between him, face-to-face or digital, with a lot of people. 3:00:50 Christopher Wray: We now believe that the subject climbed onto the roof using some mechanical equipment on the ground and vertical piping on the side of the AGR building. In other words, we do not believe he used a ladder to get up there. 3:07:25 Christopher Wray: He was a fairly, avid might be a little strong, but a fairly avid shooting hobbyist, and so he belonged to different clubs and went to certain ranges and that kind of thing. We do believe, based on what we've seen so far, that he went to a shooting range the day before and that he shot an AR-style rifle at that range the day before. I am not sure we know for sure that it's the weapon that he used, but I think we assessed that it probably is. July 23, 2024 House Committee on Homeland Security Witnesses: Colonel Christopher L. Paris, Commissioner, Pennsylvania State Police Patrick Yoes, National President, Fraternal Order of Police Clips Time stamps correspond to YouTube version 23:35 Rep. Mark Green (R-TN): Colonel Christopher Paris serves as the commissioner for the Pennsylvania State Police. In this role, he exercises command, administrative and fiscal authority over the Pennsylvania State Police, the 10th largest police agency in the United States. Commissioner Paris has served in the Pennsylvania State Police since his enlistment in 1999. 23:55 Rep. Mark Green (R-TN): Mr. Patrick Yoes currently serves as the president National Fraternal Order of Police. In this role, Mr. Yoes leads the order and its more than 367,000 law enforcement members in representing police officers in the profession. Prior to taking his current role, Mr. Yoes served an impressive 36 years as an active law enforcement officer. 25:45 Col. Christopher L. Paris: Prior to the shooting, our role was to support the Secret Service with personnel and assets that they requested. Our operation plan, completed to fulfill this responsibility consisted of 32 members, and we had two main responsibilities, a motorcade operation for the transportation with the Secret Service of former President Trump, as well as manning and staffing security posts inside the secure area of the Butler County Farm Show. Additionally, we provided two marked cars with uniformed troopers outside of the secure perimeter to provide roving duties, as the name implies, responding to incidents that may occur as a large gathering of people were moving to the venue. 1:22:10 Col. Christopher L. Paris: I would say from my experience and from state police operations to include this event as planned in our operations plan, we had integrated communications by having RPSP personnel in the Secret Service Command post. Rep. Mark Green (R-TN): So your person was in there, in that command post on this event? Col. Christopher L. Paris: Yes, sir. 1:22:45 Col. Christopher L. Paris: There's a lot of talk about interoperability and communications. The state police, for example, operate our own statewide radio network, so we have the ability to, if we have an incident, a long protracted incident, for example, where we need to patch other agencies in, we have the capability to do that. However, Secret Service, for example, maintain some additional encrypted communications. So the best way to integrate unified command… Rep. Mark Green (R-TN): Is physically present in the command site. Col. Christopher L. Paris: That would be our, yeah. Rep. Mark Green (R-TN): That's how the Army does it and the military Col. Christopher L. Paris: I would expect our commanders to have personnel in there so that we could have radio communication, as well as a redundancy in the operations plan with a telephonic backup. 1:25:30 Col. Christopher L. Paris: The final walkthrough occurred on the 11th. Present at that meeting were the two commanders that were tasked with both staffing the security checkpoints on the interior of the secure perimeter, as well as the commander who was going to be in charge of the motorcade. But in addition to that, a PSP area commander was on that walkthrough, holding the rank of Major. Rep. Mark Green (R-TN): Could you share a little bit of insight? I appreciate the timeline, but could you share a little bit specific to the AGR building? Col. Christopher L. Paris: So on that walkthrough, our area commander asked specifically who was responsible for the AGR building, and we were told that Butler ESU was responsible for that area by several Secret Service agents on that walkthrough. 1:26:35 Rep. Mark Green (R-TN): The slope of the roof, would that have prevented a sniper from being up there? Col. Christopher L. Paris I don't believe so, sir. Rep. Mark Green (R-TN): Okay. 1:29:40 Rep. Bennie Thompson (D-MS): President Yoes, in your comments, you talked about the need for communication. You talked about FirstNet. We have federal, state, and local law enforcement at an event like what we're talking about in Butler, but in our conversation with some of the locals, not state police, but the sheriff's department and the chief of police in Butler yesterday, those individuals did not have communication with state police or Secret Service. Would that, in your professional opinion, be a vulnerability for managing an event like this? Patrick Yoes: Well, I think we can go back to 9/11. When we identified at that time that the inoperability of different agencies to be able to communicate really was a hindrance. There's an infrastructure in place now to address these inoperabilities, but at the same time, they're not always utilized in every event. I do not have any direct knowledge whether that was the issue here, but I can tell you it is a common issue in law enforcement and an ability for our agencies not to be able to communicate, not that the technology is not necessarily there, it's because that they're not always incorporated. 1:31:10 Rep. Bennie Thompson (D-MS): Yeah, we passed legislation mandating, obviously, FirstNet interoperability, and we tied funding to make sure that that happens. But here we are looking at this situation and we picked up some valuable information that we are still not where we need to be on that. 1:32:25 Rep. Bennie Thompson (D-MS): Butler, Pennsylvania has no permitting process for events of that size, so you can announce it and hold it, and local government doesn't really have anything to do with it. And we were assured by local government that they would try to fix that. They said, we have to be more involved in events of this size, so that if this was not the best venue, then that permitting could have gotten engaged and suggested an alternate venue. 1:42:25 Rep. Eric Swalwell (D-CA): How many rounds did the shooter fire before he was killed? Do you know? Col. Christopher L. Paris: I believe that the number is eight casings have been recovered. 1:55:05 Rep. Dan Bishop (R-NC): Colonel Paris, are you aware whether any law enforcement officer or officers was or were posted in the second floor window of the AGR building? Col. Christopher L. Paris: I am aware, yes, sir. Rep. Dan Bishop (R-NC): And what is the answer? Col. Christopher L. Paris: To my knowledge, there were two posted there from Butler ESU. Rep. Dan Bishop... /episode/index/show/congressionaldish/id/32315437

BONUS: 2024 Republican National Convention 07/21/2024

CD296: The Boeing Hearings 07/16/2024

CD296: The Boeing Hearings The Boeing 737 Max line of airplanes has been in the news often in the last 5 years after two fatal plane crashes and a door plug flew off a plane mid-flight, but Boeing’s recklessness extends far beyond the 737 Max. In this episode, hear testimony from whistleblowers, engineering experts, and government regulators during recent Congressional investigations into Boeing’s prioritization of its stock price over our safety. Please Support Congressional Dish – Quick Links Contribute monthly or a lump sum via Support Congressional Dish via (donations per episode) Send Zelle payments to: [email protected] Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or [email protected] Use your bank’s online bill pay function to mail contributions to: Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Background Sources Recommended Congressional Dish Episodes Boeing’s Ongoing Problems Mike Bedigan. July 10, 2024. The Independent. July 10, 2024. Federal Aviation Administration. Noa Halff. July 9, 2024. The Daily Mail. March 8, 2024. NBC Bay Area. Tom Vacar and Zak Sos. March 7, 2024. KTVU FOX 2. NASA Starliner AP. June 29, 2024. NPR. Kenneth Chang. June 5, 2024. The New York Times. Kenneth Chang. March 6, 2020. The New York Times. Ties to US Government Defense Edward Carver. May 29, 2024. Truthout. Yeganeh Torbati and Aaron Gregg. November 25, 2020. The Washington Post. Lobbying OpenSecrets. OpenSecrets. Alaska Airlines Door Plug Blowout Simon Scarr et al. January 11, 2024. Reuters. FAA “Oversight” Marc Warren and Paul Alp. February 1, 2024. Adams and Reese LLP. Deferred Prosecution Agreement January 7, 2021. U.S. District Court for the Northern District of Texas, Fort Worth Division. Boeing Guilty Plea David Koenig and Alanna Durkin Richer. July 9, 2024. AP News. Joel Rose. July 9, 2024. NPR. David Dayen. July 3, 2024. The American Prospect. Stock Buybacks Stock Buybacks History. Boeing Orders Boeing. John Barnett Mike Bedigan. June 18, 2024. The Independent. Theo Leggett. March 11, 2024. BBC News. May 4, 2021. United States Department of Labor Administrative Law Judges. Staying Safe on Planes Peter Weber. January 8, 2015. The Week. Harold Maass. January 8, 2015. The Week. Charles W. Bryant. Nd. Mapquest Travel. McDonnell Douglas Merger James Surowiecki. January 15, 2024. The Atlantic. Natasha Frost. January 3, 2020. Quartz. Laws Audio Sources June 18, 2024 Senate Homeland Security and Governmental Affairs Committee, Permanent Subcommittee on Investigations Witnesses: David Calhoun, President and Chief Executive Officer, The Boeing Company June 13, 2024 Senate Committee on Commerce, Science, & Transportation Witnesses: , Administrator, Federal Aviation Administration April 17, 2024 Senate Homeland Security and Governmental Affairs Committee, Permanent Subcommittee on Investigations Witnesses: Sam Salehpour, Current Quality Engineer, Boeing Ed Pierson, Executive Director, The Foundation for Aviation Safety, Former Boeing Manager Joe Jacobsen, Aerospace Engineer and Technical Advisor to the Foundation for Aviation Safety, Former FAA Engineer Dr. Shawn Pruchnicki, Professional Practice Assistant Professor of Integrated Systems Engineering, The Ohio State University April 17, 2024 Senate Committee on Commerce, Science, & Transportation Witnesses: Dr. Javier de Luis, Lecturer, Massachusetts Institute of Technology (MIT), Department of Aeronautics and Astronautics Dr. Tracy Dillinger, Manager for Safety Culture and Human Factors, National Aeronautics and Space Administration Dr. Najmedin Meshkati, Professor, University of Southern California, Aviation Safety and Security Program March 6, 2024 Senate Committee on Commerce, Science, & Transportation Witnesses: Jennifer Homendy, Chair of the National Transportation Safety Board Bloomberg Originals March 12, 2020 June 4, 2019 Music by Editing Production Assistance /episode/index/show/congressionaldish/id/32164992

CD295: Consequences of the Supreme Court 07/04/2024

CD294: Homeowners Insurance 06/26/2024

CD294: Homeowners Insurance Every American who has a mortgage is required by their bank to have homeowners insurance, but getting it and keeping it is becoming a challenge. In this episode, hear the highlights of a Senate hearing examining the problems in the homeowners insurance market and why they might lead to much bigger problems next time disaster strikes. Please Support Congressional Dish – Quick Links Contribute monthly or a lump sum via Support Congressional Dish via (donations per episode) Send Zelle payments to: [email protected] Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or [email protected] Use your bank’s online bill pay function to mail contributions to: Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Background Sources Effects of Climate on Insurance Christopher Flavelle and Mira Rojanasakul. May 13, 2024. The New York Times. Chris Van Hollen et al. September 7, 2023. Chris Van Hollen, U.S. Senator for Maryland. Alice C. Hill. August 17, 2023. Council on Foreign Relations. Insurance Information Institute. Antonio Grimaldi et al. November 19, 2020. McKinsey & Company. Lobbying OpenSecrets. OpenSecrets. OpenSecrets. Heritage Foundation SourceWatch. Demotech William Rabb. April 15, 2024. Insurance Journal. Parinitha Sastry et al. December 2023. Fannie Mae Adam Hayes. May 17, 2023. Investopedia. Hurricanes National Oceanic and Atmospheric Administration. National Oceanic and Atmospheric Administration. Audio Sources Senate Committee on the Budget June 5, 2024 Witnesses: Glen Mulready, Insurance Commissioner, State of Oklahoma Rade Musulin, Principal, Finity Consulting Dr. Ishita Sen, Assistant Professor of Finance, Harvard Business School Deborah Wood, Florida Resident , Research Fellow, Heritage Foundation’s Grover Hermann Center for the Federal Budget Clips 23:05 Sen. Sheldon Whitehouse (D-RI): In 2022 and 2023, more than a dozen insurance companies left the Florida residential market, including national insurers like Farmers. Residents fled to Citizens Property Insurance, the state backed insurer of last resort, which ballooned from a 4% market share in 2019 to as much as 17% last year. If it has to pay out claims that exceed its reserves, citizens can levy a surcharge on Florida insurance policy holders across the state. Good luck with that. Particularly if the surcharge grows to hundreds or even thousands of dollars to depopulate its books. Citizens has let private insurers cherry pick out its least risk policies. Those private insurers may have problems of their own, as we will hear today. 25:10 Sen. Sheldon Whitehouse (D-RI): The federal budget takes a hit because these insurers and their policies are accepted by Freddie Mac and Fannie Mae, who either own or guarantee a large part of our $12 trillion mortgage market. This all sounds eerily reminiscent of the run-up to the mortgage meltdown of 2008, including a role of potentially captive or not fully responsible rating agencies. 25:45 Sen. Sheldon Whitehouse (D-RI): Florida is far from alone. A New York Times investigation found that the insurance industry lost money on homeowners coverage in 18 states last year, and the states may surprise you. The list includes Illinois, Michigan, Utah, Washington, and Iowa. Insurers in Iowa lost money each of the last four years. This is a signal that hurricanes and earthquakes, once the most prevalent perils, are being rivaled by hail, windstorms, and wildfires. 28:00 Sen. Sheldon Whitehouse (D-RI): This isn't all that complicated. Climate risk makes things uninsurable. No insurance makes things unmortgageable. No mortgages crashes the property markets. Crashed property markets trash the economy. It all begins with climate risk, and a major party pretending that climate risk isn't real imperils our federal budget and millions of Americans all across the country. 33:45 Sen. Chuck Grassley (R-IA): Insurance premiums are far too high across the board and may increase after the recent storms, including those very storms in my state of Iowa. Climate change isn't the primary driver of insurance rate hikes and collapse of the insurance industry isn't imminent. Although I'll have to say, Iowa had six property and casualty companies pull out of insuring Iowans. Climate change doesn't explain why auto insurance premiums in 2024 have increased by a whopping 20% year over year. It also doesn't account for the consistent failure of liberal cities to fight crime, which has raised insurance risk and even caused insurers to deny coverage. Expensive liberal policies, not climate change, are much to blame for these market dynamics. 39:00 Sen. Sheldon Whitehouse (D-RI): The first witness is Rade Musulin. Rade is an actuary with 45 years of experience in insurance, specializing in property pricing, natural perils, reinsurance, agriculture, catastrophe, risk modeling, public policy development, and climate risk. Specifically, he spent many years working in Florida, including as chair of the Florida Hurricane Catastrophe Fund Advisory Council during the time in which Citizens Property Insurance Corporation was established. 39:35 Sen. Sheldon Whitehouse (D-RI): Our second witness is Dr. Ishida Sen. Dr. Sen is an Assistant Professor at Harvard Business School. Her recent research examines the pricing of property insurance and the interactions between insurance and mortgage markets. This includes the role that institutions and the regulatory landscape play and the broader consequences for real estate markets, climate adaptation, and our overall financial stability. 40:00 Sen. Sheldon Whitehouse (D-RI): Our third witness is Deb Wood. Ms. Wood and her husband Dan McGrath are both retired Floridians. They moved to South Florida in 1979 and lived in Broward County, which includes Fort Lauderdale for 43 years until skyrocketing insurance premiums became too much. They now reside in Tallahassee, Florida. 40:35 Sen. Chuck Grassley (R-IA): Dr. EJ Antoni is a Research Fellow at the Heritage Foundation Grover M. Hermann Center for the Federal Budget. His research focuses on fiscal and monetary policy, and he previously was an economist at the Texas Public Policy Foundation. Antoni earned his Master's degree and Doctor's degree in Economics from Northern Illinois University. 41:10 Sen. Chuck Grassley (R-IA): Commissioner Glen Mulready has served as Oklahoma's 13th Insurance Commissioner and was first elected to this position in 2019. Commissioner Mulready started his insurance career as a broker in 1984, and also served in the Oklahoma State House of Representatives. 42:15 Rade Musulin: Okay. My name is Ray Muslin. I'm an actuary who has extensive experience in natural hazard risks and funding arrangements for the damage and loss they cause. I've worked with many public sector entities on policy responses to the challenges of affordability, availability of insurance, and community resilience. This work included participating in Florida's response to Hurricane Andrew, which included the creation of the Florida Hurricane Catastrophe Fund and Citizens Property Insurance Corporation. The Cat Fund and Citizens can access different forms of funding than traditional insurance companies. Instead of holding sufficient capital or reinsurance before an event to cover the cost of potential losses, both entities use public sources of capital to reduce upfront costs by partially funding losses post-event through bonding and assessments. All property casualty insurance policy holders, whether in Citizens or not, are subject to its assessments. While the Cat Fund can also assess almost all policies, including automobile, this approach exposes Floridians to debt and repayment if large losses occur, and it subsidizes high risk policies from the entire population. These pools, others like them in other states, and the NFIP have contributed to rapid development in high risk areas driving higher costs in the long run. In Florida, national insurers have reduced their exposure as a significant proportion of the insurance market has moved to Citizens or smaller insurers with limited capital that are heavily dependent on external reinsurance. To date, Florida's system has been successful in meeting its claims obligations, while improvements in building codes have reduced loss exposure. However, for a variety of reasons, including exposure to hurricanes, claims cost inflation, and litigation, Florida's insurance premiums are the highest in the nation, causing significant affordability stress for consumers. According to market research from Bankrate, the average premium for a $300,000 home in Florida is three times the national average, with some areas five times the national average. A major hurricane hitting a densely populated area like Miami could trigger large and long lasting post-event assessments or even exceed the system's funding capacity. Continued rapid exposure growth and more extreme hurricane losses amplified by climate change will cause increasing stress on the nation's insurance system, which may be felt through solvency issues, non-renewals, growth of government pools, and affordability pressure. 44:55 Rade Musulin: Evidence of increasing risk abounds, including Hurricane Otis in 2023, which rapidly intensified from a tropical storm to a cat. five hurricane and devastated Acapulco in Mexico last summer. Water temperatures off Florida exceeded a hundred degrees Fahrenheit last week. As was alluded to earlier, NOAA forecast an extremely active hurricane season for '24. We've seen losses in the Mid-Atlantic from Sandy, record flooding from Harvey, and extreme devastation from Maria, among others. In coming decades, we must prepare for the possibility of more extreme hurricanes and coastal flooding from Texas to New England. 46:50 Dr. Ishita Sen: Good morning Senators. I am Ishita Sen, Assistant Professor at Harvard Business School and my research studies insurance markets. In recent work with co-authors at Columbia University and the Federal Reserve Board, I examine how climate risk creates fiscal and potentially financial instability because of miscalibrated insurer screening standards and repercussions to mortgage markets. 47:15 Dr. Ishita Sen: Insurance is critical to the housing market. Property insurers help households rebuild after disasters by preserving collateral values and reducing the likelihood that a borrower defaults. Insurance directly reduces the risks for mortgage lenders and the Government-Sponsored Enterprises (GSEs) such as Fannie Mae and Freddie Mac Mortgage Lenders therefore require property insurance and the GSEs only purchase mortgages backed by insurers who meet minimum financial strength ratings, which measure insurer solvency and ability to pay claims. The GSEs accept three main rating agencies AM Best, S & P and, more recently, Demotech. And to provide an example, Fannie Mae requires insurers to have at least a B rating from AM Best, or at least an A rating from Demo Tech to accept a mortgage. Now, despite having this policy in place, we find a dramatic rise in mortgages backed by fragile insurers and show that the GSEs and therefore the taxpayers ultimately shoulder a large part of the financial burden. Our research focuses on Florida because of availability of granular insurance market data, and we show that traditional insurers are exiting and the gap is rapidly being filled by insurers, rated by Demotech, which has about 60% market share in Florida today. These insurers are low quality across a range of different financial and operational metrics, and are at a very high risk of becoming insolvent. But despite their risk, these insurers secure high enough ratings to meet the minimum rating requirements set by the GSEs. Our analysis shows that many actually would not be eligible under the methodologies of other rating agencies, implying that in many cases these ratings are inflated and that the GSEs insurer requirements are miscalibrated. 49:20 Dr. Ishita Sen: We next look at how fragile insurers create mortgage market risks. So in the aftermath of Hurricane Irma, homeowners with a policy from one of the insolvent Demotech insurers were significantly more likely to default on their mortgage relative to similar borrowers with policies from stable insurers. This is because insurers that are in financial trouble typically are slower to pay claims or may not pay the full amounts. But this implies severe economic hardships for many, many Floridians despite having expensive insurance coverage in place. However, the pain doesn't just stop there. The financial costs of fragile insurers go well beyond the borders of Florida because lenders often sell mortgages, for example, to the GSEs, and therefore, the risks created by fragile insurers spread from one state to the rest of the financial system through the actions of lenders and rating agencies. In fact, we show two reasons why the GSEs bear a large share of insurance fragility risk. First is that lenders strategically securitize mortgages, offloading loans backed by Demotech insurers to the GSEs in order to limit their counterparty risk exposures. And second, that lenders do not consider insurer risk during mortgage origination for loans that they can sell to the GSEs, even though they do so for loans that they end up retaining, indicating lax insurer screening standards for loans that can be offloaded to the GSEs. 50:55 Dr. Ishita Sen: Before I end, I want to leave you with two numbers. Over 90%. That's our estimate of Demotech's market share among loans that are sold to the GSEs. And 25 times more. That's Demotech's insolvency rate relative to AM Best, among the GSE eligible insurers. 57:15 Glen Mulready: As natural disasters continue to rise, understanding the dynamics of insurance pricing is crucial for both homeowners and policymakers. Homeowners insurance is a fundamental safeguard for what is for many Americans their single largest asset. This important coverage protects against financial loss due to damage or destruction of a home and its contents. However, recent years have seen a notable increase in insurance premiums. One significant driver of this rise is convective storms and other severe weather events. Convective storms, which include phenomena like thunderstorms, tornadoes, and hail, have caused substantial damage in various regions. The cost to repair homes and replace belongings after such events has skyrocketed leading insurance companies to adjust their premiums to cover that increased risk. Beyond convective storms, we've witnessed hurricanes, wildfires, and flooding. These events have not only caused damage, but have also increased the long-term risk profile of many areas. Insurance companies are tasked with managing that risk and have responded by raising premiums to ensure they can cover those potential claims. 58:30 Glen Mulready: Another major factor influencing homeowner's insurance premiums is inflation. Inflation affects the cost of building materials, labor, and other expenses related to home repair and reconstruction. As the cost of living increases, so does the cost of claims for insurers. When the price of lumber, steel, and other essential materials goes up, the expense of repairing or rebuilding homes also rises. Insurance companies must reflect these higher costs in their premiums to maintain financial stability and ensure they can meet those contractual obligations to policyholders. 59:35 Glen Mulready: I believe the most essential aspect of managing insurance premiums is fostering a robust, competitive free market. Competition among insurance companies encourages innovation and efficiency, leading to better pricing and services for consumers. When insurers can properly underwrite and price for risk, they create a more balanced and fair market. This involves using advanced data analytics and modeling techniques to accurately assess the risk levels of different properties. By doing so, insurance companies can offer premiums that reflect the true risk, avoiding excessive charges for low risk homeowners, and ensuring high risk properties are adequately covered. Regulation also plays a crucial role in maintaining a healthy insurance market. Policyholders must strike a balance between consumer protection and allowing insurers the freedom and flexibility to adjust their pricing based on the risk. Overly stringent regulations can stifle competition and lead to market exits, reducing choices for consumers. We've seen this play out most recently in another state where there were artificial caps put in place on premium increases that worked well for consumers in the short term, but then one by one, all of the major insurers began announcing they would cease to write any new homeowners insurance in that state. These are all private companies, and if there's not the freedom and flexibility to price their products properly, they may have to take drastic steps as we've seen. Conversely, a well-regulated market encourages transparency and fairness, ensuring that homeowners have access to the most affordable and adequate coverage options. 1:02:00 Dr. EJ Antoni: I'm a public finance economist and the Richard F. Aster fellow at the Heritage Foundation, where I research fiscal and monetary policy with a particular focus on the Federal Reserve. I am also a senior fellow at the Committee to Unleash Prosperity. 1:02:15 Dr. EJ Antoni: Since January 2021, prices have risen a cumulative 19.3% on average in the American economy. Construction prices for single family homes have risen much faster, up 30.5% during the same time. 1:03:20 Dr. EJ Antoni: Actuarial tables used in underwriting to estimate risk and future losses, as well as calculate premiums, rely heavily on those input costs. When prices increase radically, precisely as has happened over the last several years, old actuarial tables are of significantly less use when pricing premiums because they will grossly understate the future cost to the insurer. The sharp increase in total claim costs since 2019 has resulted in billions of dollars of losses for both insurers and reinsurers prompting large premium increases to stop those losses. This has put significant financial stress on consumers who are already struggling with a cost of living crisis and are now faced with much higher insurance premiums, especially for homeowners insurance. 1:05:10 Dr. EJ Antoni: The increase in claims related to weather events has undoubtedly increased, but it is not due to the climate changing. This is why the insurance and reinsurance markets do not rely heavily on climate modeling when pricing premiums. Furthermore, climate models are inherently subjective, not merely in how the models are constructed, but also by way of the inputs that the modeler uses. In other words, because insufficient data exists to create a predictive model, a human being must make wide ranging assumptions and add those to the model in place of real world data. Thus, those models have no predictive value for insurers. 1:07:40 Sen. Sheldon Whitehoue (D-RI): You say that this combination of demographics, development, and disasters poses a significant risk to our financial system. What do you mean by risk to our financial system Rade Musulin: Well, Senator, if you look at the combination, as has been pointed out, of high growth and wealth accumulation in coastal areas, and you look at just what we've observed in the climate, much less what's predicted in the future, there is significant exposure along the coastline from Maine to Texas. In fact, my family's from New Jersey and there is enormous development on the coast of New Jersey. And if we start to get major hurricanes coming through those areas, the building codes are probably not up to the same standards they are in Florida. And we could be seeing some significant... /episode/index/show/congressionaldish/id/31902642

CD293: NTSB Transportation Safety Warnings 05/31/2024

CD293: NTSB Transportation Safety Warnings In March, the Senate received testimony from the Chair of the National Transportation Safety Board about some transportation related dangers that you should know about. In this episode, hear testimony about those dangers, including those posed by airborne tourism companies, electric vehicles, and self driving technology. You will also hear a stunning NTSB finding about a likely profit-prioritization decision of railroad company Norfolk Southern, which unnecessarily lead to the poisoning of East Palestine, OH. Please Support Congressional Dish – Quick Links Contribute monthly or a lump sum via Support Congressional Dish via (donations per episode) Send Zelle payments to: [email protected] Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or [email protected] Use your bank’s online bill pay function to mail contributions to: Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Background Sources Recommended Congressional Dish Episodes Traffic Fatalities National Center for Statistics and Analysis. April 2024. National Highway Traffic Safety Administration. Helicopter Crashes May 10, 2022. National Transportation Safety Board. n.d. National Transportation Safety Board. Audio Sources March 6, 2024 Senate Committee on Commerce, Science & Transportation Witnesses: Jennifer Homendy, Chair, National Transportation Safety Board Clips Sen. Eric Schmitt (R-MO): I did have some questions. I know that Senator Fisher mentioned some of this earlier as relates to electric vehicles. The weight of some of these vehicles, including, I know you mentioned the battery alone can be the weight of a Honda Civic or a Toyota Corolla, and so there's certainly safety issues there. It relates to guardrails and other vehicles on the road. You would agree with that, right? Jennifer Homendy: Yes. Sen. Eric Schmitt (R-MO): There's also issues, I wanna talk about our infrastructure too. The weight of these vehicles, the strain that it can have on parking garages, roads, and bridges. The amount of money that will be expended to either reinforce or repair. Who is looking at this? Because we have a mandate for auto manufacturers to produce 50% of their fleet to be electric vehicles by 2030. I know there's a new rule in the works to have that number increased. I don't know if it's 65% or 75% by 2032, that's being considered. So it seems to me we're entering this phase as it relates to these mandates for electric vehicles and all of these repercussions, all of these ancillary concerns, I don't know who's addressing it, so I'm asking you, are you guys looking at this? Who is looking at this? Because this seems to be a disaster on the horizon for the American people and our infrastructure, but I don't hear a lot of talk about it. Jennifer Homendy: Thank you, Senator. I have raised this consistently over the past year and a half, starting with a transportation research board where I raised concerns with respect to increasing size and weight of all vehicles, but particularly the weight of electric vehicles that we really needed to look at the safety impact, not just on crashes, but to our infrastructure as well, and protecting people. The whole reason why we have a guardrail is to protect people when there is a crash. Yet it wouldn't withstand some of the crashes with some of these high weights of heavy vehicles, including heavy electric vehicles as was demonstrated by the University of Nebraska. Somebody needs to take action here. We have repeatedly flagged it. It is within the Department of Transportation's purview to do that, and I encourage them strongly to get ahead of it. We're behind right now. Sen. Eric Schmitt (R-MO): As it relates to first responders who are responding to crashes that lithium batteries are involved with, what is your take on the safety for our first responders as they're responding to these EV crashes? Jennifer Homendy: It's a significant danger. We issued a report just a few years ago raising concerns regarding a number of crashes that we investigated involving electric vehicles and the risk to emergency responders from stranded energy inside the battery and components and the significant potential for shock. We also raised concerns with respect to secondary responders, which are the tow truck operators because we saw many of these vehicles reigniting on the tow truck and up to five days later in the tow yard. Sen. JD Vance (R-OH): February 3rd, 2023 derailment of the train. Is it true that Norfolk Southern's contractors monitored temperatures on one of the chemical tank cars from the afternoon of February 5th into the afternoon of February 6th, which is when the controlled burn happened, and communicated their initial readings to Oxy Vinyls, the shippers in charge of the vinyl chloride cars? Jennifer Homendy: That's accurate, Senator. Sen. JD Vance (R-OH): Is it true that these readings indicated an initial temperature of 135 degrees Fahrenheit at 4:00 PM on February 5th, which eventually declined to 126 degrees Fahrenheit at 9:30 AM on February 6th, at which point it stabilized? Jennifer Homendy: That's correct, Senator. It was stabilized well before the vent and burn. Many hours before. Sen. JD Vance (R-OH): So declining temperatures, you would think, and stabilized temperatures are consistent, not with something that needs to be exploded, but with something that can be dealt with in a slightly less, less catastrophic way. At least that's my read on it. But is it true that the chemical shipper Oxy Vinyls concluded that the reported and stabilized tank car temperatures were too low for a runaway chemical reaction, meaning the sort of thing that would lead to an uncontrolled explosion? Jennifer Homendy: That's correct. They had testified that polymerization was not occurring. In order for polymerization to occur, which was Norfolk Southern and their contractor's justification for the vent and burn. You would have to have rapidly increasing temperatures and some sort of infusion of oxygen, neither of which occurred. Sen. JD Vance (R-OH): Right. And just to be clear, you would need both of those things. It's not an either/or. You need both of them to precipitate polymerization, which would lead to an uncontrolled... Jennifer Homendy: Correct. Sen. JD Vance (R-OH): So is it true that Norfolk Southern's contractors testified to the NTSB that they were not certain a chemical reaction was occurring in the derailed vinyl chloride tank car? Jennifer Homendy: They testified to that, yes sir. Sen. JD Vance (R-OH): Is it correct that the chemical shippers testified that there was no free radical agent or sufficient heat trajectory to justify Norfolk Southern Contractor's assessment that a chemical reaction was occurring? Jennifer Homendy: That's correct. Sen. JD Vance (R-OH): So from this assessment, is it your understanding that Norfolk Southern's contractors lacked scientific basis to support their conclusion that polymerization was occurring in the derailed VCM tank cars? Jennifer Homendy: Yes, in fact, they were informed by Oxy vinyls of the information that should have been taken by the contractors in their decision making. But yes, they did not have that. They lacked the scientific background to address that.Sen. JD Vance (R-OH): So let me just go to one final question here. We combine all these facts together. Your reporting thus far concludes that Norfolk Southern's contractors recommendation to conduct a controlled burn lacked sufficient scientific basis, disregarded available temperature data and contradicted expert feedback from the shipping firm on site. Now, this was all told to the decision makers on the ground, they had to make a decision in less than 13 minutes to blow up all five of these toxic chemical cars without any other voices being included to offer a contrary opinion. Is that right? Jennifer Homendy: That's correct. Sen. JD Vance (R-OH): So again, I appreciate your work on this, but just to sort of summarize, this is an extraordinary finding. We were told effectively that there were two bad options. The uncontrolled burn -- excuse me, the controlled burn or the uncontrolled explosion. And it seems based on the data that we have that there was not a ton of reason to do the controlled burn. And that of course is what spread toxic chemicals all over this community and the surrounding region. It's really an extraordinary finding. It goes to highlight the importance of your work. But I also have to note that residents on the ground talk about the fact that immediately after the controlled burn, they moved the tank cars and train traffic was moving through their town and moving through their community. I won't ask you to speak to motivations here, but when you have an unnecessary controlled burn that poisoned a lot of people, that then led to rapid transit of train traffic, a lot of people, including me, are wondering, did they do this not because it was necessary, but because it allowed them to move traffic and freight more quickly. And if so, that is an extraordinary thing that I think requires a lot of further work from this committee and from others. But we will stop there. Because I see my time is up. Thank you. Chair Homendy. Jennifer Homendy: May I add something to that? Senator, I would say the factual information in our docket shows that Oxy Vinyls was on scene and providing information to Norfolk Southern and their contractors on the fourth, fifth, and sixth. They informed them that they believed polymerization was not occurring and there was no justification to do a vent and burn. Rightfully, Norfolk Southern's contractors ruled out hot tapping and transloading 'cause it would've been a potential safety issue for their employees. But there was another option. Let it cool down. It was cooling down. We know for a fact that when that pressure relief device went off, that it had to have been above 185 degrees. Later, over the course of 22 hours, that tank car was cooling, not to mention the other four tank cars that were only between 64 and 69 degrees. So Oxy Vinyls was on scene providing information to Norfolk Southern's contractor who was in the room when the decision was made and when advice was given to the governor of Ohio, to the incident commander. They were not given full information because no one was told Oxy Vinyl was on scene. They were left out of the room. The incident commander didn't even know they existed. Neither did the governor. So they were provided incomplete information to make a decision. Sen. Tammy Baldwin (D-WI): I'm wondering if you could provide a status update on how you view the current safety standards for helicopter air tours. And do you believe that the safety provisions included in the Senate version of the FAA bill would improve the safety of these tours? Jennifer Homendy: Thank you very much for your work on this issue and for Senator Schatz's work on this issue. I think it's critical. The NTSB believes in one level of safety. As before I became NTSB chair or before I worked on the Committee on Transportation and Infrastructure, if I showed up with my family to take an air tour, I would not know to ask what are the qualifications of the crew? What are your operating standards? What are your operating rules? What are your maintenance procedures? You wouldn't normally ask those questions. If you are somebody who shows up for a parachute jump flight, you think my biggest risk is jumping out of the plane, not getting on the plane, which also crashed in Hawaii. So we believe you're a paying passenger, whether you're on part 1 21, part 1 35, part 91, you deserve the same level of safety. And we have advocated strongly for a set of regulatory standards that address just that. We've seen no action on that. This is something I have been extremely passionate about since I came to the board, whether it was flyNYON in New York, where we literally listened to some people's last moments that were strapped into a helicopter on an air tour with a Home Depot harness that was supposed to hold them in and they couldn't unhook it, they drowned. That is horrific. So still we don't have the standards we've recommended. We did an entire report on ensuring safety in revenue passenger operations under part 91. We looked at incidents or accidents, terrible tragedies in Hawaii, Arizona, I mentioned New York, Connecticut with a B 17, historic adventure flight that crashed. And each time we continue to say safety needs to improve and each time we've been ignored. The public deserves better. FAA should issue standards to ensure their safety. Jennifer Homendy: So the derailment rate is sort of a combined rate from mainline track and for the yards. We are seeing a significant increase in derailments and tragedies in the yards. That is where we're very concerned about employee safety. We've seen that repeatedly. We've issued a number of recommendations. We have a lot of open investigations. For Norfolk Southern alone we have eight investigations that are currently open, and we're also doing a safety culture review separate from East Palestine. But in particular we have 190 safety recommendations that we've issued that are currently open to improve rail safety. Whether it's preventing fatigue or providing for increased inspection or new technologies to supplement, not supplant workers, supplement the work to ensure safety. Those 190 have not been acted upon. Happy to provide those for the hearing record, but they can be today and I hope they will. Sen. Ed Markey (D-MA): Now I'd like to turn to the significant risk posed by autonomous vehicles. In the past eight years, the NTSB has investigated multiple incidents involving autonomous driving technologies like Tesla's autopilot system that are designed to operate in specific road conditions, particularly on highways. In fact, in 2016, NTSB recommended that the National Highway Traffic Safety Administration and auto manufacturers restrict drivers from activating these systems outside those road conditions. It's long past time that we take firm control of the wheel and steer towards safety and implement this recommendation. So, Madam Chair, can you briefly explain the reasoning for this recommendation? Jennifer Homendy: Yes. And in fact, I thought this may come up because this is a, you're a champion on this issue, and I just pulled Tesla's statement on, which is really their limitations on operational design domain. They warn on their website for those who have vehicles, that some of their automation will not work in some areas, including areas of poor visibility, heavy rain, snow, fog, bright light, oncoming headlights, direct sunlight, mud, ice, snow, interference or obstruction by objects mounted onto the vehicle, narrow, high-curvature, or winding roads and damaged or misaligned bumper, an extremely hot or cold temperature, an area where the vehicle is not designed to operate using that technology. Who reads that? We have to make -- Sen. Ed Markey (D-MA): Well, that just leaves backing out of the driveway and then going back into your car again. Because other than that, you're out on the road. This isn't like the postal service through rain, sleet, snow, gloom of night. They're saying, well, the sunlight might affect it or the snow might affect it, or rainy conditions might affect it. Or winding roads might affect it. So as I'm listening to that description, it sounds like to me it's not ready for prime time. It's not ready to be handed over to people who have grown up with a car that they drive, where they expect the brakes or the steering wheel to all work, no matter where they're going, and not, oh, by the way, this thing that you just turned on could be extremely dangerous for your two kids in the backseat. Jennifer Homendy: Well, and if it's only designed to be operated in a certain type of environment, it should be limited to those environments. We issued that recommendation to Tesla following the 2016 tragedy in Williston, Florida. We issued the same recommendation to NHTSA. We issued it again. Both have failed to act on those recommendations. Music by Editing Production Assistance /episode/index/show/congressionaldish/id/31543387

CD292: Sabotaging Palestine 05/23/2024

CD292: Sabotaging Palestine President Biden has signed three new laws containing policy changes that will have long lasting effects on the people of Palestine. In this episode, seven months into the ongoing destruction of Gaza, see what Congress and the President have enacted in your name. Please Support Congressional Dish – Quick Links Contribute monthly or a lump sum via Support Congressional Dish via (donations per episode) Send Zelle payments to: [email protected] Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or [email protected] Use your bank’s online bill pay function to mail contributions to: Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Recommended Sources for Gaza News Background Sources Recommended Congressional Dish Episodes Who Pays for Corporate Media 2024. iSpot.tv. 2024. iSpot.tv. Hamas Dan De Luce et al. April 18, 2024. NBC News. December 29, 2023. International Court of Justice. Abdelali Ragad et al. November 27, 2023. BBC. Destruction of Khan Yunis Bisan Owda. May 21, 2024. AJ+ (@ajplus) and Al Jazeera English (@aljazeeraenglish) on Instagram. Israel’s Buffer Zone Around Gaza Ruwaida Kamal Amer. May 21, 2024. +972 Magazine. Camille Bressange et al. March 16, 2024. The Wall Street Journal. February 2, 2024. Jon Gambrell. AP News. Dov Liber et al. January 25, 2024. The Wall Street Journal. Loveday Morris et al. January 24, 2024. The Washington Post. Israeli Settlements March 20, 2024. CNN on YouTube. Amira Hass. March 12, 2024. Haaretz. Julia Frankel. February 23, 2024. AP News. Nir Hasson and Rachel Fink. January 28, 2024. Haaretz. Itai Weiss. December 27, 2023. Haaretz. Hagar Shezaf. December 11, 2020. Haaretz. Updated February 2, 2024. Encyclopedia Britannica. AI Kill List Isaac Chotiner. April 12, 2024. The New Yorker. April 5, 2024. Amy Goodman and Yuval Abraham. Democracy Now! Avi Scharf. April 5, 2024. Haaretz. Ishaan Tharoor. April 5, 2024. The Washington Post. April 3, 2024. The Guardian. Yuval Abraham. April 3, 2024. +972 Magazine. Yuval Abraham. November 30, 2023. +972 Magazine. Patrick Kingsley and Ronen Bergman. Updated Oct. 18, 2023. The New York Times. Ami Rokhax Domba. February 14, 2023. Israel Defense. Tamir Eshel. June 13, 2021. Defense Update. Israelis Who Died in October October 19, 2023. Haaretz. Massacre at al-Shifa Hospital Tareq S. Hajjaj. April 11, 2024. Mondoweiss. Abeer Salman et al. April 1, 2024. CNN. Supplemental Funding April 24, 2024. The Washington Post. April 21, 2024. PBS NewsHour. UNRWA Ayesha Rascoe and Jackie Northam. April 28, 2024. NPR. Emanuel Fabian. February 16, 2024. The Times of Israel. Who Governs Palestine Noa Rone. March 8, 2024. Unpacked. UN Human Rights Council Updated April 5, 2024. United Nations Human Rights Council. April 18, 2023. United Nations General Assembly. ‘Detainee’ treatment February 19, 2024. Office of the United Nations High Commissioner for Human Rights. United Nations Information Service. July 10, 2023. Office of the United Nations High Commissioner for Human Rights. Suppression of Journalism March 20, 2023. Jewish News Syndicate. January 24, 2002. BBC. Why It’s Not a War Ajit Singh (@ajitxsingh). November 14, 2023. X. Francesca Albanese. November 14, 2023. National Press Club of Australia on Youtube. Torture in Israeli Detention Facilities May 11, 2024. Middle East Eye on YouTube. CNN's International Investigations and Visuals teams. May 11, 2024. CNN. Netta Ahituv. May 4, 2024. Haaretz. Leahy Amendment Ben Samuels. April 27, 2024. Haaretz. International Criminal Court Michel Martin and John Bellinger III on All Things Considered. April 16, 2022. NPR. Laws Audio Sources May 5, 2024 Al Jazeera English on Instagram (@aljazeeraenglish) Imran Khan: If you are watching this prerecorded report, then Al Jazeera has been banned in the territory of Israel. On April the first, the Knesset, the Israeli parliament, passed a law that allowed the Prime Minister to ban Al Jazeera. He's now enacted that law. Let me just take you through some of the definitions. Within the law, they've banned our website, including anything that has the option of entering or accessing the website, even passwords that are needed whether they're paid or not, and whether it's stored on Israeli servers or outside of Israel. The website is now inaccessible. They're also banning any device used for providing content. That includes my mobile phone. If I use that to do any kind of news gathering, then the Israelis can simply confiscate it. Our internet access provider, the guy that simply hosts aljazeera.net, is also in danger of being fined if they host the website. The Al Jazeera TV channel [is] completely banned. Transmission by any kind of content provider is also banned and holding offices or operating them in the territory of Israel by the channel. Also, once again, any devices used to provide content for the channel can be taken away by the Israelis. It's a wide ranging ban. We don't know how long it'll be in place for, but it does cover this territory of the state of Israel. May 5, 2024 Al Jazeera English on YouTube Cyril Vanier: So what does the war look like, as presented by Israeli media to Israelis? Gideon Levy: Very, very simple picture. We are the victims. We are the only victims, as usual. There was the 7th of October, and we will stick to the 7th of October, which was almost the Holocaust in the eyes of most of the Israelis and this 7th of October enables us and legitimizes us to do whatever we want in Gaza. Gaza doesn't interest us. Gaza is Hamas and Hamas, Gaza. And therefore, we should punish them all, and if possible, even kill them al, destroy them all, and we will. We have no interest to see what's the suffer[ing] of Gaza, what's the punishment of Gaza, what the innocent people of Gaza are going through. We are only interested in the brave soldiers, the hostages and the victims of the 7th of October. That's our world, and that's the world that the Israeli media as a whole is describing to its viewers for seven months now, seven days a week, 24 hours a day. Only this, you don't see Gaza. April 10, 2024 House Foreign Affairs Committee Witnesses: Samantha Power, Administrator, U.S. Agency for International Development Clips 47:15 Samantha Power: Again, you had very little, almost no child malnutrition before October 7, and you now have a massive spike. And particularly in the north, one in three kids are suffering from malnutrition. And again, the reports of famine also spreading to the south. It makes sense because so little assistance has gotten in commensurate to the needs of more than 2 million people. 1:13:55 Samantha Power: My understanding - this is something that Secretary Blinken is managing and you'll have a chance I'm sure to engage him on - but the national security memorandum 20 that was issued not long ago is taking 620 I and those elements into consideration. I think that report is due out in early May. 1:41:40 Samantha Power: You know well, because you've been in so many of these countries, we don't have an NGO out there -- This is not your traditional UN agency, where you can have like schools in a box, teachers in a box, health workers in a box. Hamas was the state and Hamas won the election back in the day. And Hamas had far too much influence on certain individuals, or even certain individuals were, it seems, potentially part of Hamas. But the fact is, the administration of schools and health systems was UNRWA. There's not an NGO or another UN agency that could perform the function of a State like that, or at least I haven't encountered one in my years of humanitarian service. 2:02:20 Samantha Power: One little parenthetical is, Israel, about a month ago, in light of the horrific allegations, made a decision that UNRWA could not participate in convoys to the north - humanitarian convoys. But what that meant was, fundamentally there could be no convoys to the north because you can't, as bombs are falling and kinetic operations are underway and terrorists are being pursued, suddenly invent an entire humanitarian infrastructure. 2:17:20 Rep. Joaquin Castro (D-TX): I want to ask you obviously about the very urgent situation humanitarian situation in Gaza. In your testimony, you said that the entire population of Gaza is living under the threat of famine. News reports came out recently that certain USAID officials sent a cable to the National Security Council warning that famine is already likely occurring in parts of the Gaza Strip. According to the report "famine conditions are most severe and widespread in northern Gaza, which is under Israeli control." Do you think that it's plausible or likely that parts of Gaza and particularly northern Gaza, are already experiencing famine? Samantha Power: Well, the methodology that the IPC used is one that we had our experts scrub, it's one that's relied upon in other settings, and that is their assessments and we believe that assessment is credible. Rep. Joaquin Castro (D-TX): So there's a famine is already occurring there. Samantha Power: That is… Rep. Joaquin Castro (D-TX): Yes, okay. 2:18:14 Rep. Joaquin Castro (D-TX): More than half of the population of Gaza is under the age of 18, as you know, and are seriously affected by the lack of access to food and nutrition. Various organizations, including the United Nations, have warned that hundreds of thousands of Palestinian children may die if they don't get necessary food and nutrition assistance in just the next two to three weeks. Has USAID made such an assessment itself? And do you have a sense of how many such children might be at risk of dying if they don't get access to food and nutrition that's currently unavailable? Samantha Power: I do not have those assessments on hand. But I will say that in northern Gaza, the rate of malnutrition, prior to October 7, was almost zero. And it is now one in three, one in three kids. But extrapolating out is hard. And I will say just with some humility, because it is so hard to move around in Gaza, because the access challenges that give rise in part to the malnutrition are so severe, it is also hard to do the kind of scaled assessments that we would wish to do. But in terms of actual severe acute malnutrition for under fives, that rate was 16% in January, and became 30% in February, and we're awaiting the the March numbers, but we expect it to -- Rep. Joaquin Castro (D-TX): So it got markedly worse. Samantha Power: Markedly worse. But extrapolating and giving you the overall numbers… Rep. Joaquin Castro (D-TX): And just to be clear, I realize you're not part of the DoD or the State Department even, working on these issues diplomatically. But is it your understanding that humanitarian assistance and food assistance is not supposed to be denied even when countries are at war with each other? Because there is this argument that if Hamas would release the hostages, if they would surrender, that this would stop, but there's certain laws of war and certain conduct that nations are supposed to follow, and that includes allowing for humanitarian assistance. Samantha Power: Correct. I mean, I will say, of course, we all agree the hostages should be released, absolutely. An absolute outrage that they had been kept this long and the horror and terror for their families, the families of those individuals I can't even contemplate but yes, food must flow. Rep. Joaquin Castro (D-TX): Kids can't be starved because you have two groups that are at war with each other. Samantha Power: Food must flow and food has not flowed in sufficient quantities to avoid this imminent famine in the south and these conditions that are giving rise already to child deaths in the north. 2:29:20 Samantha Power: Again, trusted partners like World Food Programme and UNICEF and others have not reported that Hamas is getting in the way of distributing humanitarian assistance. And I will say, nor are we getting those reports from the IDF who are present on the ground in Gaza. Rep. Kathy Manning (D-NC): I have been getting reports, in fact, that Hamas is targeting, punishing or hindering Palestinians who are working with the international community to provide humanitarian assistance. You have not seen any evidence of that? Samantha Power: I would be very interested in those reports, but that is not what our partners are reporting back to us. Rep. Kathy Manning (D-NC): Do you believe that Hamas is benefiting from the aid that we are providing to Gaza? Samantha Power: I mean, I don't even know how to think about that question in this moment when Hamas is on the run and being pursued across Gaza. So, you know, I don't think they are in a position, because of what the IDF is doing, to benefit per se. Would family members of Hamas potentially begin getting access at a food distribution? You know, that's possible. It's going to civilians. Rep. Kathy Manning (D-NC): Do you have any idea how Hamas fighters are getting their food? Samantha Power: I don't. Rep. Kathy Manning (D-NC): So it is a difficult balance to strike when we desperately want to make sure that innocent Palestinians don't suffer and don't starve, but we don't want to do anything to embolden Hamas. 2:46:10 Rep. Michael Lawler (R-NY): There was already serious concern with the operations of UNRWA prior to the administration's decision to cut funding. Further this past November, I led floor debate to pass the Peace and Tolerance in Palestinian Education Act, which discussed the anti-Jewish and anti-Israel curricula taught to children in Gaza and the West Bank, a curriculum taught by UNRWA employees. So while yes, we appreciate the prohibition on new funding in January, this is long overdue, as there were clear and present issues that UNRWA that look like were ignored by the administration. 2:48:45 Samantha Power: Putting people who want to eliminate another people in power is not anything that anybody would have wished. But the effect is that the governing institution had significant leverage over the UN agency that was carrying out -- Rep. Michael Lawler (R-NY): A terrorist state that has had control over this agency, which is in part why we have pushed to defund it. Would you support future year Appropriations defunding UNRWA? Samantha Power: I don't know if you've had a chance to talk to the King of Jordan, for example. Rep. Michael Lawler (R-NY): I've had dinner with him, in Jordan. Samantha Power: And about what it is going to mean for the Jordanian people to have 2 million young people basically looking for where their schools are going to get support. Now, it may be that the Europeans and others come in and address this issue and it doesn't -- Rep. Michael Lawler (R-NY): Defunding UNWRA does not mean that we don't deal with humanitarian issues. It doesn't mean that we don't -- Samantha Power: No, no but it just is the school system. Rep. Michael Lawler (R-NY): It doesn't mean that we don't deal with it, it means we find a different vehicle by which to do this, but UNRWA itself has proven to be corrupt. Samantha Power: You've been here for much of the exchange. There's no NGO, there's no UN agency that creates school systems. There's no, like, U haul where there's a school system that you just deploy in Jordan, to educate 2.6 million Jordanian kids, it just doesn't work that way. Rep. Michael Lawler (R-NY): Respectfully, being snide about it is not actually solving the issue here. The reality is UNRWA is not the vehicle by which we should be sending American taxpayer dollars at this point. It's just not. Samantha Power: We will follow the law. Rep. Michael Lawler (R-NY): Right, my question to you was, do you support moving forward? Samantha Power: I'm describing the benefits of educating young people across the region and providing health services, and I'm not seeing a viable alternative. So I would suggest -- Rep. Michael Lawler (R-NY): So you believe we should continue? Samantha Power: I think, first of all, we don't know what Gaza is going to look like after this war ends. Hopefully, Hamas will be dismantled and new institutions will be in place whereby they will take care of educating their own young people, and you won't need a UN agency to do it. But it is extremely important that we look out for young people in Gaza, it is going to do nobody any favors for them not to have access to an education Rep. Michael Lawler (R-NY): No, the fact is, on October 7, part of the reason that you had that type of terrorist attack is because of the level of hatred and anti-semitism that is taught in schools in Gaza. That is part of the problem here. And UNRWA helped in terms of allowing for that to occur under the guise of a UN agency. It is disgusting. It is shameful, and the fact that we as the United States have helped support that organization helped fund it is an embarrassment. And that's why we fought to defund it. 3:00:00 Rep. Madeleine Dean (D-PA): I am hypercritical of the alleged 12 or 15, who may have been infiltrating as Hamas, who may have participated in the October 7, horrendous barbaric attack. But you don't throw everybody and all the good work out. Because I want to ask you, if we continue this pause, if the world said we will not help you UNRWA, your however many thousands of workers who are on the ground, who keep coming to work even when their whole families are killed, what will happen with famine in Gaza, if we just shut it down? No more UNRWA. By the way, they're not educating. We know that they can't even do that now. They have incredibly important vaccines and medical aid to to be a part of, but the essentialness of food and water. What happens if we continue this disinformation campaign of 'Defund UNRWA'? Samantha Power: Well, first, thank you for bringing some facts into the conversation that I probably should have raised before, including just the horrific loss of life for those who work for UNRWA. And in general, you know, more than 228 workers killed by IDF or in my IDF military operations to this point, including, most recently of course, the World Central Kitchen colleagues, devastatingly. And thank you also for reminding us all. UNRWA is an organization in Gaza alone of 13,000 people. The vast majority of those people have not been propagating hate but have been actually trying to educate young people. The literacy rate in Gaza-West Bank, I think, is something like 99%. It's one of the most effective literacy efforts in any of the places that USAID works. In terms of what would happen if the whole thing shut down....Right now, it looks like other countries are stepping up to avert that scenario. But, you know, I just cannot overstate how chaotic and how horrific the conditions in Gaza are. You've spoken to them. The visuals speak to the level of destruction. There's no work-around for the infrastructure that they provide. After the war, when there's a new administration of Gaza, if that comes about, obviously, that's itself extremely complicated. You know, the question of who is providing education as they try to rebuild virtually everything from scratch and the education and the health sector? You know, some of these questions will be will be addressed. But right now, there is no way to avert large scale famine without relying on the humanitarian backbone that has been enriched for decades, and that remains UNRWA today. We are going to follow the law, we are going to work through other partners. But, I started to say this earlier: even the government of Israel, which had banned UNRWA's participation in convoys, because of the food crisis - and US engagement, I hope - has now decided that UNRWA can in fact be part of convoys going to the North because they recognize there's just no other way. Rep. Madeleine Dean (D-PA): Right. And I want to commend to anybody to please meet... /episode/index/show/congressionaldish/id/31433897

CD291: Warrantless Spying Continues 04/24/2024

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