Author: MIL-OSI Publisher

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Warner Expresses Concern Over Meta’s Collection of Sensitive Health Information

Source: United States Senator for Commonwealth of Virginia Mark R Warner

WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) wrote to Meta CEO Mark Zuckerberg expressing concern and requesting more information regarding Meta’s practice of collecting user’s health information through tracking applications.

In the letter, Sen. Warner highlighted the need for user privacy and increased transparency around how user data is collected online, which has become increasingly important as the use of telehealth appointments, online appointment booking, and electronic record keeping have risen exponentially over the course of the pandemic.

“As we increasingly move health care online, we must ensure there are strong safeguards in place surrounding the use of these technologies to protect sensitive health information,” wrote Sen. Warner.

Specifically, Sen. Warner called attention to Meta Pixel, a tracking tool that sends Meta a packet of data whenever a user clicks a button to schedule a doctor’s appointment – without the knowledge of the individual making the appointment.

He continued, “I am troubled by the recent revelation that the Meta Pixel was installed on a number of hospital websites – including password-protected patient portals – and sending sensitive health information to Meta when a patient scheduled an appointment online.  This data included highly personal health data, including patients’ medical conditions, appointment topics, physician names, email addresses, phone numbers, IP addresses, and other details about patients’ medical appointments.”

Sen. Warner also noted allegations that this practice of data harvesting and collection has been used by Meta to target advertisements across their platforms. In August of this year, two lawsuits were filed against the company over the alleged unlawful collection and sharing of health data without consent.

To address these concerns, Sen. Warner requested Meta respond to the following questions:

  1. What information does Meta have access to or receive directly from the Meta Pixel, either currently or previously?
  2. How does Meta store information received through the Meta Pixel?
  3. Has information Meta received from the Meta Pixel ever been used to inform targeted advertisements on Meta’s platforms?
  4. How does Meta handle sensitive information that it receives from third parties that violate its business guidelines?
  5. What steps is Meta taking to safeguard sensitive health information, particularly with third-party vendors? Since the release of The Markup’s report in June, what additional steps have been taken?
  6. According to the report released by the New York State Department of Financial Services last year, Meta stated that the filtering system was “not yet operating with complete accuracy.” What improvements have been made to make the filtering system more effective? How is Meta testing and evaluating the filtering system’s ability to identify sensitive health information?
  7. Where required by law, does Meta always comply with any and all notification requirements when the Meta Pixel handles or transmits protected information, in the manner and time required by such laws?

Sen. Warner has been a leader in Congress pushing for increased transparency and protections surrounding user data and privacy. He introduced the DASHBOARD Act, which works to increase transparency around data collection; the DETOUR Act, which would prohibit companies like Meta from using deceptive dark patterns to manipulate users into handing over their data; and the Public Health Emergency Privacy Act, which would set strong and enforceable privacy and data security rights for health information.

A copy of the letter can be found here and below.

October 20, 2022

Dear Mr. Zuckerberg:

I write to you today to express my concern regarding Meta’s collection of sensitive health information through the Meta Pixel tracking tool without user consent.

As you know, I have long worked to protect user privacy and increase transparency around how user data is collected and shared. This mission is more urgent than ever as the last two years have shown us the importance of health care technology, with many relying on electronic health records, online appointment booking, and virtual patient portals to receive care during the pandemic. As we increasingly move health care online, we must ensure there are strong safeguards in place surrounding the use of these technologies to protect sensitive health information.

I am troubled by the recent revelation that the Meta Pixel was installed on a number of hospital websites – including password-protected patient portals – and sending sensitive health information to Meta when a patient scheduled an appointment online.  This data included highly personal health data, including patients’ medical conditions, appointment topics, physician names, email addresses, phone numbers, IP addresses, and other details about patients’ medical appointments. Additionally, of particular concern are the recent allegations that Meta has used Meta Pixel data to inform targeted advertisements on Meta’s platforms.  The use of the Meta Pixel is widespread, as the tool was installed in the systems of 33 of the top 100 hospitals in the country and inside the patient portals of seven health systems at the time of the investigation.

Unfortunately, privacy issues involving the Meta Pixel are not new, as there has been previous scrutiny of the Meta Pixel outside of the health care context. Reports published earlier this year found that the Pixel sent personal information to Meta that was collected from the Free Application for Federal Student Aid (FAFSA) on the website of the Federal Student Aid (FSA) office within the U.S. Department of Education.  Data sent to Meta includes applicant first and last name, email addresses, and zip codes. Additionally, this is not the first time that your company has been involved in the wrongful collection of sensitive health information. In 2021, an investigation by the New York State Department of Financial Services found that Meta (then Facebook) collected user data from several health and wellness apps, including results from blood pressure and heart rate readings, menstruation and fertility tracking, pregnancy status, and other deeply personal information. 

Meta’s own business guidelines state that the company “[doesn’t] want websites or apps sending [Meta] sensitive information about people,”  including sensitive health information, which Meta identifies as medical conditions, sexual and reproductive health, mental health, details regarding medical devices and trackers, treatments, test results, body specifications or cycles, locations of treatment, and other health-related data.  Yet, in this most recent case and as we have seen previously, Meta is continuing to access this highly sensitive information.

It is critical that technology companies like Meta take seriously their role in protecting user health data. Without meaningful action, I fear that these continuing privacy violations and harmful uses of health data could become the new status quo in health care and public health.

To address the concerns raised in this letter, I request that you provide responses to the following questions by November 3, 2022:

  1. What information does Meta have access to or receive directly from the Meta Pixel, either currently or previously?
  2. How does Meta store information received through the Meta Pixel?
  3. Has information Meta received from the Meta Pixel ever been used to inform targeted advertisements on Meta’s platforms?
  4. How does Meta handle sensitive information that it receives from third parties that violate its business guidelines?
  5. What steps is Meta taking to safeguard sensitive health information, particularly with third-party vendors? Since the release of The Markup’s report in June, what additional steps have been taken?
  6. According to the report released by the New York State Department of Financial Services last year, Meta stated that the filtering system was “not yet operating with complete accuracy.” What improvements have been made to make the filtering system more effective? How is Meta testing and evaluating the filtering system’s ability to identify sensitive health information?
  7. Where required by law, does Meta always comply with any and all notification requirements when the Meta Pixel handles or transmits protected information, in the manner and time required by such laws?

I look forward to your prompt responses.

Sincerely,

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Shaheen Visits Great Bay to Discuss Impact of Historic Climate Bill on NH Coastal Resiliency Efforts

Source: United States Senator for New Hampshire Jeanne Shaheen

October 20, 2022

**Earlier in the day, Shaheen visited Galvion Active Systems, a Portsmouth-based small business that manufactures protective armor and head systems that keep U.S. military members safe on the battlefield**

Senator Shaheen at Great Bay National Estuarine Research Reserves earlier today, and later with municipal leaders from Dover, Exeter, Hampton, Newmarket and Rochester for the Building Community Support for Sustainable Stormwater Funding Workshop Series.

(Greenland, NH) – U.S. Senator Jeanne Shaheen (D-NH), Chair of the Senate Appropriations Subcommittee that funds the National Oceanic and Atmospheric Administration (NOAA), visited the Great Bay National Estuarine Research Reserve (GBNRR) to highlight funds from NOAA provided by the Inflation Reduction Act that support coastal communities and habitats. Senator Shaheen toured the boardwalk to Great Bay and received an update on GBNRR’s research on protecting local salt marshes. As Chair of the Senate Appropriations Subcommittee that funds NOAA, Shaheen routinely secures robust funding for programs that address numerous issues impacting New Hampshire, from offsetting at-sea monitoring fees to combating the climate crisis.

Afterwards, Senator Shaheen joined municipal leaders from Dover, Exeter, Hampton, Newmarket and Rochester for the Building Community Support for Sustainable Stormwater Funding Workshop Series. Senator Shaheen participated in the workshop to hear from local leaders about their work to build community support to fund stormwater management and other resiliency efforts in their cities and towns. 

“The Inflation Reduction Act is a landmark law that will have a historic impact on our response to climate change, and we’re starting to see that progress in New Hampshire, including here at Great Bay,” said Senator Shaheen. “Any time the U.S. Senate considers legislation, and especially legislation of this magnitude, my top concern is how it will affect New Hampshire. That’s why I supported and advocated for measures that will help make important resiliency improvements. I appreciated the update on the critical work underway to protect our salt marshes, and to hear from local leaders on how they’re making plans to invest in stormwater management and other necessary resiliency priorities.”

Earlier in the day, Senator Shaheen – also a senior member of the Senate Committee on Small Business and Entrepreneurship and the Senate Committee on Armed Services, visited the Portsmouth facility of Galvion, a manufacturer of protective armor and head systems that keep U.S. military members safe on the battlefield. Shaheen was joined by New England Regional Administrator for the Small Business Administration (SBA), Mike Vlacich, where they met with Galvion leadership to discuss their ongoing projects that support service members.

Senator Shaheen joins SBA New England Regional Administrator Mike Vlacich, Galvion Active Systems President Kristen Lomastro and members of Galvion’s leadership at their Portsmouth facility earlier today.

Senator Shaheen tours Galvion’s Portsmouth facility this morning.

“New Hampshire plays an important role in support of our national defense and I always appreciate the opportunity to see that critical work up close. Galvion is a great example of a Granite State small business that is leading the charge in the defense manufacturing sphere. Their success demonstrates that with the assistance of federal programs like the State Trade Expansion Program, New Hampshire-based businesses can reach impressive heights, and in this case, both providing technology that keeps U.S. men and women safe on the battlefield and engaging with the global marketplace,” said Senator Shaheen, who helped create the State Trade Expansion Program (STEP) as a pilot program in 2010 to assist small businesses enter new markets, access export financing and attend trade missions. The program was fully authorized by Senator Shaheen’s small business trade amendment, which was signed into law in 2016.

“We thank Senator Shaheen for her visit and her support to small businesses,” said Kristen Lomastro, President of  Active Systems at Galvion. “The products researched and produced here support our troops and our allies around the globe. Galvion appreciates the opportunity to protect those who protect us.”

“With nearly 96 percent of consumers living outside the U.S. and two-thirds of the world’s purchasing power in foreign countries, it’s critical we level the playing field for small businesses to access these potential customers and clients,” said SBA New England Regional Administrator Mike Vlacich.  “Thanks to Senator Shaheen and the Biden Administration, this additional federal grant funding will support new and existing small business exporters increase sales and expand markets through SBA’s State Trade Expansion Program.”

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Cortez Masto, Rosen Announce Over $2 Million for Conservation, Clean Up, and Preservation in Nevada

Source: United States Senator for Nevada Cortez Masto

October 20, 2022

Washington, D.C. – Today, U.S. Senators Catherine Cortez Masto (D-Nev.) and Jacky Rosen (D-Nev.) announced that $2,150,000 in funding from the Bipartisan Infrastructure Law they supported will go to clean up legacy pollution at sites in Nevada. This funding is being awarded through the Department of the Interior.

“I worked to pass the Bipartisan Infrastructure Law so Nevadans could benefit from projects like these to upgrade sites all over our state,” said Senator Cortez Masto. “I’m glad this funding is coming to our state to create jobs, help restore ecosystems and wildlife habitats, and make sure Nevadans can benefit from these areas for generations to come.”

“Cleaning up these sites in Nevada will help local communities, contribute to our economy, and support our environment,” said Senator Rosen. “This funding, which I helped secure through the Bipartisan Infrastructure Law, will go directly towards restoring and repairing sites around Nevada, protecting our lands and waters for future generations.”

The funds will be distributed as follows:

  • $1,700,000 to Lincoln County, Nevada for the Caselton Mine & Mill and Impacted Watersheds Restoration project, which will focus on three washes impacted by historic mining in Caselton. Restoration will ensure these washes are not only made whole but made resilient. This project is a partnership between the Bureau of Land Management, Nevada Department of Environmental Protection, and the Nature Conservancy.
  • $450,000 to Humboldt County for the Riparian Fencing project to repair or reconstruct approximately 40 miles of riparian fencing as part of a larger effort to restore degraded streams critical to the Lahontan cutthroat trout. This project is a partnership between the Bureau of Land Management, Fish and Wildlife Services, Nevada Department of Wildlife, and Nevada Division of Forestry.

Senators Cortez Masto and Rosen worked to secure critical provisions in the Bipartisan Infrastructure Law to benefit Nevadans. The law includes Senator Cortez Masto’s legislation to create new jobs by allowing former hard rock mining sites, like the one at Caselton, to be used for innovative solar and other renewable energy projects.

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Senator Markey, Rep. Meng Lead Colleagues in Urging Biden to Roll Back Trump’s Deregulation of 3D-Printed Ghost Guns

Source: United States Senator for Massachusetts Ed Markey

Trump-era rulemaking weakened controls over online computer files used to make untraceable weapons; as a presidential candidate, Biden promised to reverse

Text of Letter (PDF)

Washington (October 20, 2022) – Senator Edward J. Markey (D-Mass.) and Representative Grace Meng (NY-06) led 25 of their colleagues today in calling on President Biden to undo a Trump-era rule that weakened export controls designed to prevent computer files for the 3D-printing of firearms from being available on the internet and ending up in the wrong hands.

“President Biden can undo the Trump-era rule that has made the instructions for the 3D-printing of untraceable and deadly ‘ghost’ guns widely available online,” said Senator Markey. “The online distribution of these ghost gun blueprints only increases the risk of these weapons proliferating and poses a serious threat to public safety and national security. President Biden should fulfill his campaign promise and reverse the Trump administration’s weakening of these gun safety regulations.”

“Ghost guns have been a deadly problem in communities across the country for years. And President Biden’s ability to roll back a Trump-era rule, would make accessing designs to these weapons much more difficult,” said Congresswoman Meng. “Easy access to ghost gun blueprints makes these untraceable weapons more accessible to bad actors and more likely to show up in our neighborhoods, schools, and workplaces. Transferring control of ghost gun blueprints back to the State Department would help close loopholes people are using to build these guns and better protect New York City and communities across the nation from the flood of these weapons. I thank Senator Markey for his leadership and partnership and look forward to working with President Biden to address this issue.”

Specifically, the pro-gun Trump rule transferred regulation of 3D firearms and their technical data from the State Department to the Commerce Department. At the State Department, 3D firearms and their technical files were considered “defense articles,” placed on the U.S. Munitions List, and governed by the International Traffic in Arms Regulations (“ITAR”), which restrict exports of military technologies in order to protect U.S. national security and foreign policy objectives. The Commerce Department, by contrast, regulates the export of non-Munitions List items under the Export Control Act, resulting in weaker, less stringent regulation of these deadly firearms. During his 2020 presidential campaign, then-candidate Biden promised to restore jurisdiction over 3D printed firearms and their technical data to the State Department so that it could resume its duty of blocking the code used to 3D print firearms from being made available on the Internet, but the President has yet to do so.

In their letter, the lawmakers urged President Biden to transfer control of 3D-printed firearms and their technical files from the Commerce Department back to the State Department, or, at a minimum, close loopholes in the Trump-era rule by amending the Commerce regulations. Transfer back to the State Department would place 3D-printed firearms and their technical files back on the U.S. Munitions List and under ITAR.

“We applaud your commitment to protecting the public from gun violence with a particular focus on stopping the proliferation of ghost guns,” the lawmakers wrote in the letter to the Administration. “As part of that priority, we believe transferring regulatory control of 3D-printed firearms and their technical data back to the State Department, or amending the Commerce Department’s current regulations to close existing loopholes, would help avoid the proliferation of these dangerous, untraceable weapons.”

Senators Sheldon Whitehouse (D-R.I), Cory Booker (D-N.J.), Richard Blumenthal (D-Conn.), Elizabeth Warren (D-Mass.) and Representatives Nydia M. Velázquez (NY-07), Eleanor Holmes Norton (DC), Thomas R. Suozzi (NY-03), Juan Vargas (CA-51), Henry C. “Hank” Johnson, Jr. (GA-04), Bonnie Watson Coleman (NJ-12), Barbara Lee (CA-13), Madeleine Dean (PA-04), Raúl M. Grijalva (AZ-03), Bobby L. Rush (IL-01), Ro Khanna (CA-17), Karen Bass (CA-37), Mike Doyle (PA-18), André Carson (IN-07), Dwight Evans (PA-03), Jake Auchincloss (MA-04), Adriano Espaillat (NY-13), Betty McCollum (MN-04), Mark DeSaulnier (CA-11), Jerrold Nadler (NY-10), and Marie Newman (IL-03) also signed the letter.

The lawmakers requested the Biden administration provide answers to the following questions by November 9, 2022:

  1. Will your Administration return regulatory oversight of 3D-printed firearms and their technical data back to the Department of State and under ITAR? If not, why not?
  2. If your Administration chooses to keep regulatory oversight of 3D-printed firearms and their technical data at the Commerce Department, will it commit to strengthening the Trump regulations? Specifically, will the Commerce Department amend 15 C.F.R. § 734.7(c) by striking the “ready for insertion” qualification and clarifying that “‘software’ or ‘technology’ for the production of a firearm, or firearm frame or receiver” includes files that are emailed or otherwise made available to foreign persons? If not, why not?
  3. If the Commerce Department believes that the current version of 15 C.F.R. § 734.7(c) is broad enough to apply to any known versions of currently viable 3D-firearm files, will it issue guidance to that effect? If not, why not?

Following a decision by the U.S. Court of Appeals for the Ninth Circuit in 2021 allowing the Trump rules to go into effect – because they were not subject to judicial review – Senator Markey has led efforts to combat the distribution of untraceable ghost guns. In February, Senator Markey and his colleagues wrote to YouTube to urge the platform to enforce its Community Guidelines to remove videos that guide viewers on how to manufacture and assemble ghost guns.

In May 2021, Senators Markey, Richard Blumenthal (D-Conn.) and Representative David Cicilline (RI-03) led their colleagues in introducing the Untraceable Firearms Act, legislation that would ensure ghost gun kit manufacturers and distributors selling frames and receivers capable of being converted into functional components comply with federal regulations that govern the production and distribution of completed firearms.

In March 2021, Senator Markey joined his colleagues in calling for President Biden to take executive action to close the ghost gun loophole in the Gun Control Act, which allows individuals to buy a ghost gun without a federal background check. The following month, President Biden and Deputy Attorney General Lisa Monaco announced new rulemaking to deem ghost gun kits as “firearms” under the Gun Control Act, and that commercial manufacturers of such kits must therefore become licensed and include serial numbers on the kits’ frame or receiver.

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ICYMI: SENATOR GILLIBRAND OP-ED IN EL DIARIO: NO PODEMOS DARLE LA ESPALDA A PUERTO RICO…OTRA VEZ

Source: United States Senator for New York Kirsten Gillibrand

October 20, 2022

WASHINGTON, D.C. — In case you missed it, U.S. Senator Kirsten Gillibrand published an op-ed in El Diario calling on Congress and the Biden administration to provide funding for long-term investments in the resiliency of Puerto Rico’s electrical grid and other key infrastructure, as well as robust humanitarian assistance for the Dominican Republic, Turks and Caicos, Guadeloupe, and other Caribbean nations impacted by Hurricane Fiona. Senator Gillbrand also wrote about her legislative efforts that would allow Puerto Rico to participate in the Supplemental Nutrition Assistance Program (SNAP), correcting the injustice done to the American island when it was excluded from the SNAP program in 1981.

Read the full op-ed HERE or below:

El Diario: No podemos darle la espalda a Puerto Rico…otra vez

U.S. Senator Kirsten Gillibrand | October 6, 2022

Hubo gran ironía en el hecho de que el Huracán Fiona devastó a Puerto Rico casi exactamente en el quinto aniversario del Huracán María, un claro recordatorio de que la historia se repite.

El Huracán Fiona no pudo haber llegado en peor momento para La Isla del Encanto, que aún se recupera lentamente de la devastación del Huracán María que azotó la isla hace 5 años. Incluso antes de que el huracán Fiona tocara tierra, miles de hogares en Puerto Rico todavía tenían nada más que una lona azul como techo. ¿Te imaginas cómo sería vivir sin techo durante tanto tiempo? ¿Con un huracán acercándose a su casa? Es simplemente inaceptable que tengamos compatriotas Americanos viviendo en Puerto Rico en esas condiciones. Ellos son ciudadanos de los Estados Unidos y tenemos que apoyarlos en su momento de mayor necesidad.

Aplaudo al Presidente Biden por haber emitido una declaración de desastre para Puerto Rico, que abre los fondos del gobierno para ayudar a las personas a pagar viviendas temporales, reparaciones en el hogar y pérdidas de propiedad no asegurada. Puerto Rico ahora también puede acceder a fondos federales para la remoción de escombros, medidas de protección de emergencia y medidas de mitigación de riesgos.

Pero a pesar de las lecciones aprendidas tras el Huracán María, aún debemos hacer más para ayudar a Puerto Rico a reconstruir y mejorar su infraestructura, incluidas sus carreteras, puentes, sistemas de alcantarillado y, especialmente, la frágil red eléctrica de la isla. Debemos asegurarnos de que la infraestructura de Puerto Rico sea lo suficientemente resistente para soportar las tormentas del futuro.

La administración Biden no puede hacer mucho sin más fondos y apoyo del Congreso. Necesitamos ayudar a Puerto Rico no solo a sobrevivir y recuperarse, sino también a reconstruirlo más fuerte y mejor, de una manera más resistente y sostenible.

Le pedí al Congreso que aprobara fondos suplementarios de emergencia lo antes posible para la recuperación de desastres a corto y largo plazo, incluyendo al menos $2.9 mil millones para el “Disaster Relief Fund.” También pedí $1 billón en ayuda nutricional para Puerto Rico. Estoy agradecida de que después de haber hecho la solitud, la resolución de continuidad aprobada por el Congreso autorizó hasta $18.8 mil millones del “Disaster Relief Fund” para Puerto Rico.

Además, presenté legislación para permitir que Puerto Rico participe en el Programa de Asistencia Nutricional Suplementaria (SNAP). El Puerto Rico Nutrition Assistance Fairness Act of 2022 repararía la injusticia cometida contra Puerto Rico cuando fue excluido del programa SNAP en 1981. No tiene ningún sentido lógico que los puertorriqueños que residen en el continente tengan acceso al programa SNAP mientras que los puertorriqueños en la isla, que son ciudadanos estadounidenses, están privados de los mismos derechos que sus contrapartes continentales.

También tenemos que estar preparados para brindar asistencia a nuestros vecinos en la República Dominicana y otras naciones del Caribe afectadas por el Huracán Fiona.

Los puertorriqueños y dominicanos forman comunidades vibrantes y esenciales que desempeñan un papel importante en el estado de Nueva York. Pero a menos que actuemos rápidamente para brindar la ayuda que se necesita desesperadamente, el bienestar de millones de ciudadanos estadounidenses y de nuestros vecinos podría estar en juego.

A cinco años del huracán María, no podemos repetir los errores del pasado. Necesitamos unirnos y apoyar a Puerto Rico y la República Dominicana. Eso es ser americano.

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Fischer, Colleagues Lead Bipartisan Request to Restore Integrity of RFS, Support Strong Biofuels Future

Source: United States Senator for Nebraska Deb Fischer

WASHINGTON, DC. – U.S. Senator Deb Fischer (R-Neb.), a member of the Senate Agriculture committee, this week joined 12 of her colleagues in urging the Environmental Protection Agency (EPA) to establish renewable volume obligations that are additive for all fuel types in the upcoming “set” rule under the Renewable Fuel Standard (RFS).

The bipartisan group of senators also highlighted additional actions EPA should take to fully leverage the power of biofuels, including updating lifecycle analysis for biofuel emissions and approving additional fuel registrations and pathways under the RFS. Taken together, these steps would help to restore the integrity of the RFS and ensure biofuels continue to play an important role in meeting America’s energy needs.

“Through this rulemaking, EPA has a historic opportunity to not only reinforce its efforts to restore integrity to the RFS, but chart a new course for biofuels that will help meet America’s diverse energy demands while further decarbonizing numerous sectors of our economy,” the senators wrote to EPA Administrator Michael Regan. “In order to guard against sidelining decades of investment and the diverse workforce that supports biofuels, we request that EPA set the conventional target above 15 billion gallons, set advanced biofuel volumes that account for increased production capacity of fuels like sustainable aviation fuel and renewable diesel, and ensure that renewable identification numbers (RINs) for emerging technologies and e-RINs are additive to existing volumes.”

“Corn growers appreciate Senators’ leadership and advocacy for renewable fuels with EPA,” said Tom Hagg, president of the National Corn Growers Association. “We also urge EPA to maximize the environmental and economic benefits of the RFS in the pending rulemaking, building on the success of biofuels to do more to cut emissions and lower fuel prices.”

U.S. Senators John Thune (R-S.D.) and Dick Durbin (D-Ill.) led the letter.

Additional cosigners include U.S. Senators Tammy Baldwin (D-Wis.), Sherrod Brown (D-Ohio), Tammy Duckworth (D-Ill.), Joni Ernst (R-Iowa), Chuck Grassley (R-Iowa), Amy Klobuchar (D-Minn.), Roger Marshall (R-Kan.), Gary Peters (D-Mich.), Mike Rounds (R-S.D.), and Tina Smith (D-Minn.).

Text of the full letter is available HERE.

Background:

Senator Fischer has taken numerous actions to support biofuel producers, including:

  • Pushed the Biden administration to agree to allow the temporary sale of E15 year round.
  • Called out the Biden administration’s EPA for trying to let small oil refiners off the hook after failing to comply with the RFS.
  • Joined letter urging the Biden administration to stop delaying critical biofuels assistance.
  • Introduced the Consumer and Fuel Retailer Choice Act to ensure blends higher than E10 can be sold year-round.
  • Introduced the RFS Integrity Act to create transparency and predictability in EPA’s small refinery exemption process and require any exempted gallons to be accounted for in annual RVOs.
  • Joined letter to USDA urging them to use the Commodity Credit Corporation/December 2020 COVID relief bill to provide assistance to the biofuels industry.
  • Led bipartisan letter to EPA urging them to reject requests to waive RFS requirements and support robust RVOs.
  • Joined letter to President Biden urging him to reject calls to undercut RFS by reducing blending requirements and uphold his campaign promises.
  • Joined letter requesting meeting with President Biden about the lack of prioritization of biofuels in the administration’s policies.
  • Joined letter to EPA urging them to increase the proposed biodiesel volumes in the Renewable Volume Obligations (RVOs) for 2023 and 2024 to provide certainty to farmers and producers.
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PHOTOS: Capito Participates in Ribbon Cutting for National Weather Service’s New Location

Source: United States Senator for West Virginia Shelley Moore Capito

SOUTH CHARLESTON, W.Va. – Today, U.S. Senator Shelley Moore Capito (R-W.Va.) participated in the ribbon-cutting ceremony for the West Virginia Regional Technology Park’s (WVRTP) newest building, Building 754, which will serve as the new home for the National Weather Service’s local forecast office.

The 22,000 sq. ft. building also includes WVRTP’s “Science on a Sphere” display, a room-sized, global display system that projects visualizations of planetary data onto a six-foot diameter sphere to help illustrate Earth System science. Additionally, Building 754 has approximately 9,000 sq. ft. of shell space for future growth opportunities.

“I’m thrilled to help celebrate the completion of Building 754 and the benefits it will lead to right here in West Virginia. The economic development and infrastructure investments happening at the Tech Park are exciting, and this building is the latest example. I am confident that NWS’s local operations will thrive in this new facility, and I look forward to the future growth opportunities that will develop from this partnership,” Senator Capito said.

“The West Virginia Regional Technology Park appreciates Senator Capito’s dedication to growing science, innovation and technology in our region and state,” WVRTP CEO Matt Ballard said. “The Senator’s support of the growth happening at the Tech Park, like Building 754, and efforts to make our region a competitor in the technology sector will bring new opportunities to our campus and region.”

Photos from today’s event are included below:
 


U.S. Senator Shelley Moore Capito (R-W.Va.) participates in the ribbon-cutting ceremony for the WV Regional Tech Park’s recently completed Building 754 in South Charleston, W.Va. on Thursday, October 20, 2022. 

U.S. Senator Shelley Moore Capito (R-W.Va.) tours the WV Regional Tech Park’s recently completed Building 754 in South Charleston, W.Va. on Thursday, October 20, 2022.


U.S. Senator Shelley Moore Capito (R-W.Va.) views the “Science on a Sphere” display during a tour of the WV Regional Tech Park’s recently completed Building 754 in South Charleston, W.Va. on Thursday, October 20, 2022.

 

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Durbin Joins Colleagues in Urging DOJ & ATF To Clarify & Enforce Ghost Guns Rule

Source: United States Senator for Illinois Dick Durbin

10.20.22

Ghost gun companies have continued to sell firearm components by claiming “nearly-complete frames & receivers” are not covered under federal law

WASHINGTON – U.S. Senate Majority Whip Dick Durbin (D-IL), Chair of the Senate Judiciary Committee, joined U.S. Senator Richard Blumenthal (D-CT) and thirteen Senate colleagues in urging the Department of Justice (DOJ) and Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to issue enforcement guidance and clarify the recently finalized Ghost Gun Rule. The rule regulates unfinished frames and receivers that are the core components used to construct ghost guns, which have become the preferred instruments for many criminals and violent extremists and which pose a severe threat to the public and law enforcement. Ghost gun companies have attempted to avoid the rule’s restrictions by claiming that they can still legally sell “nearly-complete” frames and receivers as standalone products, without tools and other materials to complete a ghost gun, without running afoul of the new rule.

“These companies have adopted the position that selling nearly-complete frames and receivers without the tools (commonly known as jigs) or instructions to complete them means that their products are not firearms under federal law,” the Senators wrote to Attorney General Merrick Garland and ATF Director Steven Dettelbach. “Of the 100 companies previously known to sell unserialized and nearly-complete frames and receivers, dozens remain engaged in that business.”

The number of ghost guns recovered at potential crime scenes has grown exponentially, jumping from 1,758 in 2016 to 19,344 in 2021 alone. These firearms are generally untraceable, making it more difficult for law enforcement to develop leads and solve crimes. Between January 1, 2016, and March 4, 2021, ATF attempted to trace almost 23,946 recovered ghost guns, but could only complete 151 traces. 

In addition to these nearly-complete frames and receivers, the Senators noted that many companies have also been selling standalone tools and equipment with directions to help purchasers complete the firearms. With these untraceable, dangerous weapons still accessible to those who wish to cause harm, the Senators called for stronger enforcement of the rule.  

“The final rule, however, is clear and unambiguous: a nearly-complete frame or receiver is a firearm. The rule does not cover only frames and receivers sold as part of a kit, but also frames and receivers that can be readily completed. Indeed, enforcing the rule only against sellers of kits would be a colossal loophole,” the Senators continued.

“The Ghost Gun Rule was promulgated to stop the proliferation of ghost guns, mitigate the threat these firearms pose to our communities, and help law enforcement—at every level—do their jobs… It is now incumbent upon the Department and ATF to see that it is enforced—and enforced strongly,” the group concluded.  

In addition to Durbin and Blumenthal, the letter was also signed by U.S. Senators Cory Booker (D-NJ), Bob Casey (D-PA), Dianne Feinstein (D-CA), Mazie Hirono (D-HI), Edward J. Markey (D-MA), Bob Menendez (D-NJ), Chris Murphy (D-CT), Alex Padilla (D-CA), Jack Reed (D-RI), Chris Van Hollen (D-MD), Elizabeth Warren (D-MA) and Sheldon Whitehouse (D-RI).

The full text of the letter is available here and below:

October 18, 2022

Dear Attorney General Garland and Director Dettelbach:

We write to encourage the Department of Justice and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to issue enforcement guidance to clarify the Definition of “Frame or Receiver” Final Rule—better known as the Ghost Gun Rule—to ensure that it meets the goal of enforcing the law and stopping the proliferation of these deadly and untraceable firearms that can be acquired without a background check. This rule is intended to regulate nearly-complete frames and receivers that are the core components used to construct ghost guns. Under the final rule—effective August 24, 2022—readily completed frames and receivers are subject to the same regulations as traditional firearms: licensing, background check, and serialization requirements. If the Ghost Gun Rule is fully and properly implemented, the Department and ATF will be better able to protect the public from violent gun crimes and gun trafficking, and help law enforcement solve the crimes in which these firearms are used. 

Notwithstanding the Ghost Gun Rule, ghost gun companies have continued to sell the parts and tools to make these dangerous firearms—contending that the final rule fails to cover them and their products. These companies have adopted the position that selling nearly-complete frames and receivers without the tools (commonly known as jigs) or instructions to complete them means that their products are not firearms under federal law. Of the 100 companies previously known to sell unserialized and nearly-complete frames and receivers, dozens remain engaged in that business—including selling nearly-complete unserialized frames and receivers as well as offering the standalone tools and equipment with directions to help purchasers complete them. 

The final rule, however, is clear and unambiguous: a nearly-complete frame or receiver is a firearm. The rule does not cover only frames and receivers sold as part of a kit, but also frames and receivers that can be readily completed. Indeed, enforcing the rule only against sellers of kits would be a colossal loophole that would swallow the rule because the outcome is one and the same: both kits and standalone frames and receivers can readily be completed, assembled, restored, or otherwise converted to an operational frame or receiver. The text of the Ghost Gun Rule is consistent with other steps ATF has taken to ensure that unfinished frames and receivers are treated as firearms. For example, ATF has rescinded prior determination letters that ruled nearly-complete frames or receivers are not firearms and has required manufacturers to resubmit these parts for review. 

These parts and the ghost guns made from them pose a serious and severe threat to the public and to law enforcement. In May 2021, the Senate Committee on the Judiciary Subcommittee on The Constitution heard testimony from leading experts and law enforcement officials that ghost guns are becoming the preferred instruments for criminals and violent extremists—the fastest-growing gun violence menace in the nation. These firearms have been used in school and mass shootings, in domestic violence incidents, in domestic terrorism, and in police shootouts resulting in officer injuries and deaths.

This threat continues to increase as the number of ghost guns recovered at potential crime scenes grows exponentially. In 2016, law enforcement recovered 1,758 ghost guns at potential crime scenes across the United States. The number of recovered ghost guns more than doubled in 2018, and more than doubled again in 2020. In 2021, alone, law enforcement recovered at least 19,344 ghost guns at potential crime scenes. That these firearms are untraceable only makes it more difficult for law enforcement to trace crime guns, develop leads, and solve crimes. Between January 1, 2016, and March 4, 2021, ATF attempted to trace almost 23,946 recovered ghost guns, but could only complete 151 traces. In the remaining 23,795 instances, absent other investigative leads and information, the crimes in which those firearms were used go unsolved.

The Ghost Gun Rule was promulgated to stop the proliferation of ghost guns, mitigate the threat these firearms pose to our communities, and help law enforcement—at every level—do their jobs. To that end, we urge the Department and ATF to issue enforcement guidance that makes clear that when determining whether a frame or receiver may be “readily converted” into a functional firearm, ATF will consider whether equipment, tools, and instructions that facilitate completion are available otherwise we risk allowing violent criminals, domestic terrorists, and school shooters arming themselves with these easy-to-get, untraceable firearms without a background check.

In particular, we urge the Department and ATF to confirm that how ATF reviews the “readily convertible” nature of a nearly-complete frame or receiver will not be limited to what tools, equipment, and instructions are included in the same sale or distribution of the part sold, but rather premised on the tools, equipment, and instructions that are readily available to the general public, including those easily obtainable online through third parties. We also encourage the Department and ATF to provide information about the enforcement actions that will be taken to hold accountable the ghost gun companies who continue to flaunt the final rule and sell ghost gun parts.

We applaud and commend the work the Department and ATF have done to protect the public from ghost guns, including this final rule. It is now incumbent upon the Department and ATF to see that it is enforced—and enforced strongly. This guidance would help ensure just that.

Sincerely, 

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McConnell Comments on the Passing of Judge Tom Emberton

Source: United States Senator for Kentucky Mitch McConnell

LOUISVILLE, KY — U.S. Senate Republican Leader Mitch McConnell (R-KY) released the following statement today on the passing of former Kentucky Court of Appeals Judge Tom Emberton of Edmonton, Kentucky:

“Elaine and I are heartbroken to learn of the tragic passing of our good friend Judge Tom Emberton. Tom gave me one of my earliest experiences in the rough and tumble reality of political campaigning, hiring me to work on his 1971 gubernatorial campaign. He taught me valuable lessons on public service and running as a statewide Republican in Kentucky. Tom advocated for conservative values across our state and played a key role in organizing Kentucky Republicans at every level, paving the way for me and so many other conservatives to follow in his footsteps.

“In 1987, in recognition of Tom’s distinguished career and outstanding service to the Commonwealth, a Democratic governor appointed him to the Kentucky Court of Appeals. He was re-elected to that position twice and also was elected by his peers to serve as Chief Judge of the Court of Appeals, a position he held until he retired in 2004. After retirement, he and Julia Lee continued to be active in the Metcalfe County community, and Tom received a number of well-deserved honors and awards. Tom was a model gentleman, a devoted husband, and a wonderful father, grandfather, and great-grandfather. Our prayers are with Julia Lee, their children Laura and Tom Jr., their five grandchildren, and the entire Emberton family in this difficult time.”

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Senator Stabenow on Fox News: “We are fully funding mental health and addiction services as health care in the community”

Source: United States Senator for Michigan Debbie Stabenow

On “Special Report,” Senator Stabenow and Senator Blunt Discuss Working Together to Transform Mental Health Care in the Country

Thursday, October 20, 2022

VIDEO DOWNLOAD HERE

 

WASHINGTON—Senator Debbie Stabenow (D-MI) joined Fox News’ Bret Baier for a sit down conversation on her transformational mental health initiative that expanded nationwide this week. Senator Stabenow and Senator Roy Blunt (R-MO) announced that states across the country will now be able to join their successful initiative to fully fund high quality mental health and addiction services through Certified Community Behavioral Health Clinics. To learn more about the program, click here.

“There was a 60 percent reduction in people going to jail with a mental illness in the communities that had these comprehensive clinics. There was a 69 percent reduction in people sitting in the emergency room, 41 percent reduction in people being homeless. And that was after only two years,” said Senator Stabenow about the impacts of the clinics.

The video can be found here and a transcript is below.

BRET BAIER: We are thrilled to be in the Senate Agriculture Committee Room with our two guests from both sides of the aisle. Senator Debbie Stabenow, Democrat from Michigan. Senator Roy Blunt, Republican from Missouri.

Thanks for having us up here. You’re the Senate Ag Committee chair, so we’re happy to be in this room. But today, you’re talking about something different and that is success on mental health. Explain that and what happened today.

 

SEN. DEBBIE STABENOW (D-MI): Well, thanks so much for talking about this. This is so important and Senator Blunt and I have for years led efforts in community health centers, which are a model strongly supported on a bipartisan basis, where you set high quality standards for care, and then you fully fund the clinic.

But we’ve never done that on mental health or an addiction services. And so, we started looking at, well how can we do that. And we developed what was called the Excellence in Mental Health and Addiction Treatment Act, which sets high quality standards. Fully funding mental health and addiction services as health care in the community.

BAIER: You’re announcing that it’s expanding, because you’re seeing success.

SEN. ROY BLUNT (R-MO): It’s expanding. You know, people always feel like we’ve got to have a mental health system that works better. But we’ve really never been able to put a model in place that we can prove works.

And we’ve done that now, you know, as the last bill that President Kennedy signed into law 50 years ago, now 59 years ago, and it was the Community Mental Health Act. And the goal of that Act was to close the big institutional facilities that weren’t serving people very well and replace them with community based, high quality mental health facilities.

And the country spent most of the ’70s and even in some into the ’80s closing those facilities, but very few places have offered the alternative. And so, this is really back to what’s really been a goal for the federal government for 59 years this month. And we had this news conference this morning talking about how the other 40 states could join the 10 pilot states and have exactly what the government said we were going to do 59 ago. We are connecting the dots.

BAIER: And it’s even more important now after the pandemic, the CDC had these stats, August 2020 to February 21, percentage symptoms of adults with symptoms of an anxiety or depressive disorder increasing 36.4 percent to 41.5 percent. And percentage of those reporting unmet mental healthcare needs increased from nine to 11.7. And most of these are in younger people 18 to 29, which, so it seems like it’s crucial at this point.

 

STABENOW: There’s no question about it. What we are doing with the comprehensive clinics is that where they are, someone can walk in, just walk in, and begin to get the help that they need for themselves or their child or another member of their family. And they’re required to give 24-hour crisis services.

BAIER: So this stems from the bipartisan Safer Communities Act and $8.5 billion to expand this program. A lot of people look at Capitol Hill and say this place is broken. It’s so partisan. But here you are, Democrat and Republican, and you have worked together for a number of years.

 

BLUNT: Actually, the first bill, we were both on the Ag committee when we came to the Congress together —

 

STABENOW: In the House.

 

BAIER: In the House.

 

BLUNT: — 26 years ago.

 

BAIER: What was the first bill?

 

BLUNT: First bill we passed, it was a wheat mold research bill.

(LAUGHTER)

 

BAIER: Prescient.

 

STABENOW: Very, yes.

 

BLUNT: But it was for some of our communities, but we did it together. And we have done a number of things together since then. We helped found the federally qualified health centers caucus. So you find these things to work together. I think often they don’t get the coverage, obviously, that you can get by being really angry about something as opposed to really getting something done. And this is going to make a big difference in people’s lives.

BAIER: When you hear people say Washington doesn’t work, do you point to this relationship? You are losing him. He’s leaving.

STABENOW: I’m locking the door. He is not leaving.

 

BAIER: But here is a senator, and there’s a few, who work hard to get to yes. It’s a lot harder to get to yes than it is to get to no. Are you worried about the Senate composition?

STABENOW: You know, I do worry about that. And we have other colleagues as well that I have.

 

BAIER: Senator Portman.

STABENOW: I’ve worked with Senator Portman on Great Lakes issues and so many other things. I think what worries me the most is somehow this sense of not trusting our country and the way we solve problems in this country. And we need people in government who believe that and trust that if you reach out in good faith with people, if you keep your word and you work hard, that you can actually solve problems. And that’s what we do.

BAIER: Sure, you have differences on some big issues.

BLUNT: With people who have gotten to the United States Senate and have had positions that they’ve developed over years, it’s probably not much trying to talk them out of that. You find the common ground and move forward.

I do think the country is finally wrapping itself around the need to treat mental health like all other health, to get ourselves in a place in society where can talk about a mental health problem somebody in your family has just as comfortably as you talk about a physical health problem.

 

STABENOW: I remember when you used to whisper somebody has cancer. She has cancer, you know. Now people talk about their cancer, their treatments. They go to treatment. They come back. They continue with their life. We want in the case of a mental illness, a brain disease, or an addiction, to be something you talk about and say, yes, I got some help for that.

BAIER: And you are seeing things work. I think the criticism always about big government is that it throws money at problems and doesn’t see actual things work. You’re actually seeing things in these states that are making a difference.

STABENOW: In fact, we were blown away. There was a 60 percent reduction in people going to jail with a mental illness in the communities that had these comprehensive clinics. There was a 69 percent reduction in people sitting in the emergency room, 41 percent reduction in people being homeless. And that was after only two years.

BAIER: So as you come to the end of your term up here and your time here, will you look back at these big bipartisan moments as your biggest successes?

BLUNT: For sure. Whether it’s the research dollars we’ve done at NIH, what we’ve done here, the efforts I’ve been able to make as a member of the Intel Committee, all would be among the things that we’d look at. The infrastructure bill that Republicans and Democrats voted for this year.

BAIER: So are you worried about the Senate after you leave?

BLUNT: No. No, I think the Senate, I think we’re going to move, get beyond this idea where anger is the coin of the realm, and I think this is one example of how much better it is to talk about accomplishment than it is to talk about how terrible the other side is.

BAIER: You’re coming up to an election, and both of you are going to fight for your teams.

STABENOW: There’s no question, I want to be in the majority, and Roy would like to leave with the Republicans coming back into the majority. But there also ought to be a line, there ought to be lines somewhere.

BAIER: Where that ends, and you start negotiating on something?

STABENOW: Right. And sort of also lines in how people talk about each other and campaign and so on.

BAIER: Last word. November 14th to the end of the year, are you looking for something to get done?

BLUNT: This is one of the things I’d hope I’d get done this year, to have this concept move nationally. We’ve got a handful of things that we’re working on and I think are going to get done. I want to see our efforts at the National Institutes of Health for research continue to follow the pattern we’ve been on for eight years now, and I hope and believe most of those things can happen.

BAIER: Senator Blunt, Senator Stabenow, we appreciate your time. Thanks for coming on Common Ground.

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