Rob’s Rundown: Week of October 25 – October 29, 2021

Source: United States Senator for Ohio Rob Portman

October 29, 2021 | Rob’s Rundown

Senator Portman was back in Washington this week where, on Thursday, he delivered remarks on the Senate floor highlighting the benefits of the Infrastructure Investment and Jobs Act and calling on the House of Representatives to pass the historic legislation without further delay. This came hours after President Biden and congressional Democrats released their $1.75 trillion bill, which includes massive new spending and tax increases. Portman called on the House to judge the bipartisan Infrastructure bill on its own merits instead of tying its fate to a completely separate, highly partisan piece of legislation. Earlier in the week, on Monday, Portman delivered remarks on the Senate floor – for the seventh consecutive week – outlining the negative impact Democrats’ massive tax hikes will have on our economy and middle-class families.  

On Wednesday, Portman pressed the U.S. House of Representatives to pass the bipartisanInfrastructure Investment & Jobs Act, at a Senate Homeland Security and Governmental Affairs Subcommittee on Government Operations and Border Management hearing on strategies for improving critical energy infrastructure. Portman discussed how the Senate-passed Infrastructure Investment & Jobs Act includes his bipartisan Federal Permitting Reform and Jobs Act, legislation to improve and reform the federal permitting process as well as provisions from his bipartisan Energy Savings and Industrial Competitiveness (ESIC) Act which will improve energy efficiency in buildings and the industrial sector, which will help reduce emissions and protect the environment, while also creating jobs and supporting a more stable grid. 

Also on Thursday evening, Portman took to the Senate floor to discuss the worsening addiction crisis in the United States. After making substantial gains in combating addiction, the COVID-19 pandemic brought about a new wave of addiction in this country. Portman highlighted several legislative initiatives he has introduced this Congress to address the addiction epidemic, including the ambitious Comprehensive Addiction and Recovery Act (CARA) 3.0 legislation that builds on the successes of his earlier CARA and CARA 2.0 bills. CARA 3.0 makes unprecedented investments in three important areas: research and education, treatment and recovery, and criminal justice reform. With overdose deaths on the rise once again, Portman called on Congress to take action and pass CARA 3.0 without delay.  

In an interview with Fox News’ Neil Cavuto on Wednesday, Portman outlined his concerns with the Democrats’ reckless tax and spending bill, arguing that trillions in new spending and taxes will stifle economic growth, kill jobs, balloon the national debt, and increase inflation. Portman also highlighted the negative impact surging inflation is having on workers and middle-class families. Portman noted that since President Biden took office wages have decreased 1.9 percent when adjusted for inflation. 

During Thursday’s Senate Homeland Security and Governmental Affairs Committee hearing on social media, Portman delivered opening remarks discussing the need to address the threat of harmful content on social media and to hold online platforms accountable for knowingly facilitating such content. Portman highlighted his upcoming bipartisan legislation with Senator Chris Coons (D-DE), Chair of the Senate Judiciary Subcommittee on Privacy, to require the largest online platforms to share data with nonpartisan researchers and scholars, so Congress can use their studies to create evidence-based policy solutions. 

On Tuesday, Portman applauded the Federal Communications Commission’s (FCC) decision to revoke China Telecom Americas’ authority to provide domestic and international telecommunication services from within the United States. Last year, as Chairman of the Permanent Subcommittee on Investigations (PSI), Portman released a bipartisan report detailing how the federal government provided little-to-no oversight of Chinese state-owned telecommunications carriers operating in the United States for nearly twenty years. This report revealed how the U.S. telecommunications industry has been targeted and exploited by China to further its intelligence collection and espionage efforts against the United States. Tuesday’s decision marks the first time the FCC has revoked a carrier’s authorization to provide services based on national security concerns. 

Finally, Portman attended the announcement ceremony for Lightship Capital’s new HQ in the Cincinnati Innovation District. This development will help foster entrepreneurship, innovation, and economic opportunity for numerous minority-led companies.  

For a more detailed look at Senator Portman’s week, please see the following:

Monday, October 25, 2021

On Senate Floor, Portman Highlights How Democrat Tax Proposals Will Make America Less Competitive and Violate Taxpayer Privacy

For the sixth consecutive week, Senator Portman came to the Senate floor to criticize Democrats’ proposals to raise taxes to fund their reckless reconciliation bill. 

Portman first highlighted how Democrats want to raise taxes on foreign earnings by U.S. companies by hiking the global intangible low-taxed income (GILTI) rate. Currently, the GILTI rate is 13.125 percent. Under Democrat proposals, this would be raised to around 17.4 percent, a dramatic hike that would cost U.S. jobs and make U.S. businesses and workers uncompetitive in the global economy. Portman criticized the Biden administration for trying to raise this rate while agreeing to a lower global minimum tax treaty with other countries that would undercut the U.S. rate. 

Portman also discussed the controversial information reporting requirement in the Democrats reconciliation bill that would require individuals and businesses to report to the IRS inflows and outflows of money totaling as little as $10,000 from an account for the first time ever. This change would represent a radical shift in the information collected by the IRS, which is unequipped to handle the massive influx of taxpayer information that would come as a result of this violation of taxpayer privacy. 

As Democrats continue to try and reach an agreement on a framework for their social spending policies that will fuel consumer demand and drive up inflation, Portman urged the House of Representatives to instead pass the bipartisan infrastructure bill he helped negotiate, which passed the Senate nearly three months ago on a bipartisan vote of 69-30. As Portman noted, this infrastructure legislation will improve competitiveness and not add to the record inflation the economy is currently experiencing. A video can be found here.

Tuesday, October 26, 2021

Portman, Finance Committee Republicans Raise Concerns with Improper Medicaid Payments

Senator Rob Portman (R-OH), along with the other 13 Senate Finance Committee Republicans, sent a letter to the Centers for Medicare & Medicaid Services (CMS) highlighting concerns with the rising rate of improper payments in Medicaid, in anticipation of the next Medicaid Payment Error Rate Measurement (PERM) audit. The November 2020 report found improper payments totaled over $86.5 billion — over 21 percent — mostly driven by eligibility errors. The letter further calls for enhanced program integrity measures and state-by-state analysis to ensure beneficiaries receive the services they are entitled to without wasting taxpayer dollars. 

“One of the most common eligibility errors often occurs when failing to verify information provided by the applicant, including income. Failure to properly verify that applicants are eligible for the program, especially to this extent, harms the nation’s taxpayers and takes resources away from those who are eligible and who truly need the program,” said the senators. 

“There is concern that the November 2020 improper payment rate estimate of 21.4 percent was unrealistically low because the eligibility reviews excluded one-third of states. 

“Congress needs complete and updated information about the improper payment rate in Medicaid as well as the corresponding drivers of this problem. We understand that the essential work on the 2021 CMS improper payment report has concluded, and drafts of the report have been completed. While state and Federal responses to COVID-19 halted some payment and eligibility reviews in 2020, this work is too vital to remain paused when the consequences are so dire,” continued the senators. 

Full text of the letter can be found here.

Portman, Carper Applaud FCC Decision to End China Telecom Operations in U.S. 

Senators Rob Portman (R-OH), Ranking Member of the Senate Homeland Security and Governmental Affairs Committee, and Tom Carper (D-DE), applauded the Federal Communications Commission’s (FCC) decision to revoke China Telecom Americas’ authority to provide domestic and international telecommunication services from within the United States. Last year, as Chairman and Ranking Member of the Permanent Subcommittee on Investigations (PSI), the senators released a bipartisan report detailing how the federal government provided little-to-no oversight of Chinese state-owned telecommunications carriers operating in the United States for nearly twenty years. This report revealed how the U.S. telecommunications industry has been targeted and exploited by China to further its intelligence collection and espionage efforts against the United States. Today’s decision marks the first time the FCC has revoked a carrier’s authorization to provide services based on national security concerns. 

China Telecom Americas, which is ultimately owned and controlled by the Chinese government, has been licensed by the FCC to provide telecommunications services in the United States since 2002. The FCC’s decision highlights the substantial and serious national security and law enforcement risks associated with China Telecom Americas’ domestic operations.

“As detailed in our bipartisan Permanent Subcommittee on Investigations report last year, China regularly uses its telecommunications carriers, including China Telecom Americas, to further its intelligence collection and espionage efforts,” said Senator Portman. “I am pleased to see the FCC use its enforcement authority to address the threat to our national and economic security posed by China Telecom and ensure our communications networks are secure for all Americans. I urge the FCC to complete its review of the other Chinese-owned telecommunications carriers operating in the United States.”  

Wednesday, October 27, 2021

On Fox News, Portman Discusses Democrats’ Reckless Spending Bill, Surging Inflation 

In an interview this afternoon with Fox News’ Neil Cavuto, Portman outlined his concerns with the Democrats’ reckless tax and spending bill, arguing that trillions in new spending and taxes will stifle economic growth, kill jobs, balloon the national debt, and increase inflation. 

Portman also highlighted the negative impact surging inflation is having on workers and middle-class families. Portman noted that since President Biden took office wages have decreased 1.9 percent when adjusted for inflation. 

A transcript of the interview can be found here  and you can also watch the interview here.

Portman: House Must Pass Bipartisan Infrastructure Investment & Jobs Act to Reform Federal Permitting Process, Fix Crumbling Infrastructure & Strengthen U.S. Economy

Senator Rob Portman (R-OH), Ranking Member of the Homeland Security and Governmental Affairs Committee, delivered opening remarks at a Subcommittee on Government Operations and Border Management hearing on “Strategies for Improving Critical Energy Infrastructure.” Portman highlighted the need for the U.S. House of Representatives to pass the bipartisan Infrastructure Investment & Jobs Act, which passed the Senate with a bipartisan vote of 69-30 in August, in order to fix the nation’s crumbling infrastructure and strengthen the economy.

The Senate-passed Infrastructure Investment & Jobs Act includes Senators Portman, Kyrsten Sinema (D-AZ), and Joe Manchin’s (D-WV) bipartisan Federal Permitting Reform and Jobs Act, legislation to improve and reform the federal permitting process.

In 2015, Senator Portman and then-Senator Claire McCaskill co-authored the Federal Permitting Improvement Act, which was enacted into law as Title 41 of the Fixing America’s Surface Transportation (FAST) Act. That law, now known as FAST-41, significantly reformed the federal infrastructure permitting process while leaving environmental protections in place. Most significantly, it created the Federal Permitting Improvement Steering Council (Permitting Council), which brings together agencies at the start of the permitting process for some of the largest, most complicated infrastructure projects to write out a comprehensive plan for the permitting process across agencies. The bipartisan Infrastructure Investment & Jobs Act makes FAST-41 permanent and will give project sponsors more certainty, which will allow them to create more jobs and develop our nation’s infrastructure more efficiently.

A transcript of his opening statement can be found here and a video can be found here

Subcommittee Witness Testimony Supports Portman’s Energy Efficiency & Reform of Federal Permitting Process Included in Bipartisan Infrastructure Investment & Jobs Act

Senator Rob Portman, Ranking Member of the Homeland Security and Governmental Affairs Committee, discussed how the Senate-passed Infrastructure Investment & Jobs Act includes Senators Portman, Kyrsten Sinema (D-AZ), and Joe Manchin’s (D-WV) bipartisan Federal Permitting Reform and Jobs Act, as well as provisions from his bipartisan Energy Savings and Industrial Competitiveness (ESIC) Act with witnesses at the Senate Homeland Security and Governmental Affairs Subcommittee on Government Operations and Border Management hearing on “Strategies for Improving Critical Energy Infrastructure.”

The Federal Permitting Reform and Jobs Act makes FAST-41 permanent and will give project sponsors more certainty, which will allow them to create more jobs and develop our nation’s infrastructure more efficiently. Portman’s bipartisan Federal Permitting Improvement Act, which was enacted into law as Title 41 of the Fixing America’s Surface Transportation (FAST) Act created the Federal Permitting Improvement Steering Council (Permitting Council), brings together agencies at the start of the permitting process for some of the largest, most complicated infrastructure projects to write out a comprehensive plan for the permitting process across agencies.

Key provisions from Portman’s bipartisan Energy Savings and Industrial Competitiveness (ESIC) Act, which he introduced with Senator Jeanne Shaheen (D-NH), are also included as part of the Infrastructure Investment and Jobs Act. The provisions will improve energy efficiency in buildings and the industrial sector, which will help reduce emissions and protect the environment, while also creating jobs and supporting a more stable grid.

An exchange of the questioning can be found here and a video can be found here.

Thursday, October 28, 2021 

Portman, Lankford, Rounds Request DHS OIG Review of TSA’s Security Directives on Cybersecurity

Senators Rob Portman (R-OH), Ranking Member of the Senate Homeland Security and Governmental Affairs Committee, James Lankford (R-OK) and Mike Rounds (R-SD) sent a letter to the Department of Homeland Security (DHS) Office of the Inspector General (OIG) requesting a review of the Transportation Security Administration’s (TSA) two recently released pipeline-focused security directives on cybersecurity—“SD-01” and “SD-02”, and forthcoming security directives applicable to rail and air operators. The senators noted industry experts have expressed concern that the TSA’s directives are overbroad and issued with minimal stakeholder or subject matter expert consultation. 

“We write to request you review the process by which the Transportation Security Administration (TSA) has developed and issued several emergency security directives this year, including recently issued and announced cybersecurity directives developed in consultation with the Cybersecurity and Infrastructure Security Agency (CISA)… securing critical infrastructure requires a collaborative approach with the experts in these industries—the people who operate this critical infrastructure and who are charged with implementing these directives,” wrote the senators.  “Unfortunately, we have received reports that TSA and CISA failed to give adequate consideration to feedback from stakeholders and subject matter experts who work in these fields and that the requirements are too inflexible. We are also troubled that TSA and the DHS Office of Legislative Affairs (DHS OLA) refused to provide copies of the draft directives to Congress, including the Chairs and Ranking Members of its congressional oversight committees, despite having shared copies with the pipeline industry… We agree that critical infrastructure must be protected against cyber-attacks, particularly in the wake of the Colonial Pipeline ransomware attack, but the process by which TSA has issued these directives raises concerns.” The letter can be found here.

Portman: Social Media Companies Need  to Provide Data & Transparency so Congress Can Create Evidence-Based Policy

Senator Rob Portman (R-OH), Ranking Member of the Senate Homeland Security and Governmental Affairs Committee, discussed the need to address the threat of harmful content on social media and to hold online platforms accountable for knowingly facilitating such content. Portman highlighted his upcoming bipartisan legislation with Senator Chris Coons (D-DE), Chair of the Senate Judiciary Subcommittee on Privacy, to require the largest online platforms to share data with nonpartisan researchers and scholars, so Congress can use their studies to create evidence-based policy solutions. 

Senator Portman has been a leader in the Senate in working to address bad actors online. In 2018, his bipartisan Stop Enabling Sex Traffickers Act (SESTA) was signed into law as part of a broader congressional effort to help stop online sex trafficking, hold websites accountable for knowingly facilitating sex trafficking, and provide justice for victims. 

A transcript of his opening remarks can be found here and a video can be found here.

Expert Witness Agrees with Portman that Transparency & Third-Party Review of Social Media Company Data Necessary to Inform Evidence-Based Policy Solutions

At a hearing to examine “Social Media Platforms and the Amplification of Domestic Extremism and Other Harmful Content,” expert witness, Dr. Nathaniel Persily, Co-Director, Stanford Cyber Policy Center, agreed with U.S. Senator Rob Portman’s (R-OH), Ranking Member of the Senate Homeland Security and Governmental Affairs Committee, that transparency and independent third-party review of social media company data is necessary to inform evidence-based policy solutions. Portman is currently working on this legislation with Senator Chris Coons (D-DE), Chair of the Senate Judiciary Subcommittee on Privacy, which will require the largest online platforms to share data with nonpartisan researchers and scholars so that Congress can use their reviews to create evidence-based policy solutions. 

A transcript of the exchange can be found here and a video can be found here.

On Senate Floor, Portman Discusses the Worsening Addiction Epidemic in the United States

Senator Portman came to the Senate floor to discuss the need to ensure we focus on the worsening addiction crisis in the United States. After making substantial gains in combatting addiction, the COVID-19 pandemic brought about a new wave of addiction in this country. In July, the CDC released preliminary data showing that more than 93,331 Americans died of drug overdoses in 2020, a record high. A major contributing factor to the increase in drug overdose deaths is the extraordinary amounts of fentanyl and fentanyl-related substances that have been flooding over our borders. 

Portman highlighted several legislative initiatives he has introduced this Congress to address the addiction epidemic, including the ambitious Comprehensive Addiction and Recovery Act (CARA) 3.0 legislation that builds on the successes of his earlier CARA and CARA 2.0 bills. CARA 3.0 makes unprecedented investments in three important areas: research and education, treatment and recovery, and criminal justice reform. When added with existingCARA programs that are authorized through 2023, the federal government will be investing well over $1 billion per year to address the addiction crisis. 

A transcript of his remarks can be found below and a video can be found here.

    On Senate Floor, Portman Highlights Benefits of Bipartisan Infrastructure Bill, Calls On House to Act

Senator Rob Portman delivered remarks on the Senate floor to highlight the benefits of the Infrastructure Investment and Jobs Act and called on the House of Representatives to pass the historic legislation without further delay.

The bipartisan bill passed the Senate nearly three months ago on a bipartisan vote of 69-30. As Portman noted, this infrastructure legislation will improve competitiveness and not add to the record inflation the economy is currently experiencing. Portman also addressed the Democrats’ reckless tax and spending bill. Today, President Biden revealed the framework for the $1.75 trillion bill, which includes massive new spending and massive tax increases that will add to the already out of control inflation this country is already facing.

 A transcript of his remarks can be found here and a video can be found here.

 

SOCIAL MEDIA

 

Republican Lawmakers Question Vetting Standards for Afghans Brought to U.S.

Republican lawmakers are questioning the vetting process used to bring Afghans to the U.S., saying standard screening steps were bypassed during the chaotic evacuation effort that took place following Kabul’s fall two months ago.

An internal memo, drafted by Republican aides to the Senate Homeland Security and Governmental Affairs Committee who visited U.S. military bases used to process Afghans domestically and overseas, said that certain standard steps for refugees, such as in-person interviews and document verification, were skipped or delayed. The memo, which was reviewed by The Wall Street Journal, was prepared ahead of a closed-door briefing from Biden administration officials for committee members, including Sen. Rob Portman (R., Ohio), the top Republican on the panel.

Those without paperwork or identifying biometric or biographic information were allowed to give their own names and dates of birth for entry into U.S. government tracking systems, an additional source of concern, the memo said. The screenings also didn’t include an assessment of the individual’s ties to the U.S., it added.

The administration set up screening procedures on the fly after the Taliban seized control of Afghanistan in mid-August, a former intelligence community official said, building on work done in months and years earlier to improve automation and other aspects of the process. The U.S. and allies sought to evacuate Afghans who had helped them during the war and others who were at risk of retribution from the Taliban. The U.S.-led evacuation effort resulted in roughly 100,000 Afghans being sent to U.S. bases and third countries. Congressional officials say close to 70,000 have been admitted to the U.S. since then.

Ten evacuees who made it to the U.S. have been detained because they are national security risks, an administration official told lawmakers in the Tuesday briefing, according to a person familiar with the matter. It wasn’t clear how they were determined to be security risks.

A Biden administration official said that the use of biometric and biographic data was a robust screening strategy, as the U.S. had decades to build up databases of information related to national security threats and crime. The official said it was sufficient to address the lack of paperwork or other identifying information. “In the case of Afghanistan, we had quite a lot [of data] because we’ve spent almost 20 years in the country,” the senior official said. “It was actually a particularly rich set of information in those various databases.”

Afghans who were flagged in the databases for possible links to terrorism or crime have been referred to the Federal Bureau of Investigation or other federal officials for interviews and checks to determine whether they pose a national security threat to the U.S. Those that failed to pass that extra layer of screening have been transferred to a temporary facility at Camp Bondsteel in Kosovo for additional scrutiny.

“The fact that some have been flagged by our counterterrorism, intelligence, or law enforcement professionals for additional screening shows our system is working,” National Security Council spokesperson Emily Horne said in a statement. In a reference to the Republican complaints, she also said, “Many of the same people criticizing us for bringing in Afghans were on TV calling for us to evacuate as many Afghans as possible in August.”

Kosovo has given the U.S. a year to figure out what to do with those ultimately deemed inadmissible to the U.S., creating what could become a new headache for the administration. The senior official said the administration would likely have to deal with each case individually, to determine whether third countries could take them in, or whether they could be sent back to Afghanistan. No one has been sent back to Afghanistan yet, the official added. “That is a plan that we will develop,” the official said. “I think figuring out where it would be appropriate and suitable to relocate those individuals will depend on them.” The official declined to say how many are being held at the Kosovo base.

The memo was sent to Republicans on the Senate Homeland Security and Governmental Affairs Committee. The findings were based on committee staff visits to U.S. military bases at home, in Germany and in Spain. Lawmakers had also sought information from the administration on how many Afghans traveled without any paperwork, without receiving any answer. Federal officials interviewed at U.S. bases overseas stated to Republican aides that they didn’t have any training in identifying fraudulent Afghan documents, raising concerns about the validity of documents that were used.

Nearly 50% of the Afghans brought to the U.S. were eligible to apply for Special Immigrant Visas, the senior official said, which were created for Afghans at risk of reprisal from the Taliban after helping the U.S. during the 20-year war. The administration was unable to say how many have applied for the visas, and many still might not receive them after further paperwork and background checks.

Even more stringent vetting efforts put in place since the departure of all U.S. troops from Afghanistan at the end of August have been flawed. In a recent example, at least several people were able to board a charter flight in the Afghan city of Mazar-e-Sharif using fraudulent documents purporting to be legitimate passengers on the manifest. In fact, those passengers had already left the country. The passengers with the fake documents were caught by U.S. officials in Doha.

“There were several people who were traveling with fake passports,” the administration official said. “They did not have Taliban affiliation.” The memo said that vetting was tightened following a measles outbreak on U.S. bases to include the use of phone-number screening, for instance, but by that stage many Afghans had already been transferred to the U.S.

Americans and green-card holders weren’t screened against U.S. criminal records before being flown to the U.S., leading to at least one individual previously deported from the U.S. for a serious crime flying back into the U.S., according to the memo. The White House didn’t comment on the incident.

Sen. Portman is Confident Infrastructure Bill Will Help Supply Chain

Ohio’s Republican senator says passing the bipartisan infrastructure bill will help with the current supply chain issues.

Sen. Rob Portman says the bill invests billions of dollars in port modernization, freight rail, waterway transportation, highways and airports, which he says will alleviate the pressure on the supply chain.

“This legislation, the infrastructure bill, directly effects what’s going on with the supply chain. It’s a crisis, and it’s time for us to act,” Portman said. The infrastructure bill also provides investments in drinking water, the Great Lakes and broadband expansion.

Portman says he’s disappointed that House Democrats are stopping the bill from passing in order to pass the budget reconciliation bill. He says he and other Republicans are unlikely to support that bill because it increases taxes.

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