Spectator NZ

Source: United States Senator for West Virginia Shelley Moore Capito

WASHINGTON, D.C. – Today, the U.S. Senate Environment and Public Works (EPW) Committee held a business meeting to consider multiple nominations, including Shailen Bhatt to serve as administrator of the Federal Highway Administration (FHWA).

Before voting in favor of his nomination, Ranking Member Shelley Moore Capito (R-W.Va.) noted the importance of prioritizing highway funding flexibility for states and implementing the Infrastructure Investment and Jobs Act (IIJA) as written, which she previously did at a hearing with Bhatt in September.

Below is a portion of Ranking Member Shelley Moore Capito’s (R-W.Va.) opening statement made at today’s business meeting.

“I am supporting the nomination of Shailen Bhatt to serve as the administrator of the FHWA.

“The committee worked hard to develop bipartisan surface transportation legislation that serves as the foundation of the IIJA that was signed into law last year. 

“President Biden waited a long time, too long, that’s another repeating story you’ve heard me say in committee meetings, to nominate a leader for this agency, especially when the authorities and funding responsibilities [were] provided to the FHWA as part of the IIJA. 

“This agency needs a Senate-confirmed leader.

“I have expressed my dissatisfaction and opposition to a number of the decisions that the FHWA has taken without a Senate-confirmed leader.

“And because of that, I asked Mr. Bhatt some pointed questions about how he planned to implement the IIJA.

“The FHWA must faithfully execute the laws and preserve those flexibilities provided in the law for states to use funding to best meet the needs of their citizens.

“For some states like West Virginia or Wyoming that may mean new capacity on our roads. For other states it may mean a focus on electric vehicle infrastructure.

“Mr. Bhatt told me that he would commit to implementing IIJA as we enacted it.

“When it comes to the states’ ability to move funds between formula programs, he committed to ‘follow the law’ again and ‘to upholding the states’ ability to transfer apportioned funding consistent with” Section 126 of Title 23.

“He knows this well, being, as the chairman said, a state administrator himself.

“He also committed to implementing all the highway-related project delivery and streamlining [provisions] in the IIJA, including the One Federal Decision policy, ‘as expeditiously as possible.’

“I am supporting Mr. Bhatt’s nomination today because of those commitments, and his record of getting things done and projects that he has built as a past leader for multiple state departments of transportation.”

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Source: United States Senator for West Virginia Shelley Moore Capito

WASHINGTON, D.C. – U.S. Senators Shelley Moore Capito (R-W.Va.) and Joe Manchin’s (D-W.Va.), Protecting Jessica Grubb’s Legacy Act (Legacy Act) proposed rule was announced by U.S. Health and Human Services (HHS). The Legacy Act will change existing privacy regulations, known as 42 CFR Part 2, surrounding medical records for those suffering with substance use disorder. This proposed rule will implement the Legacy Act, which aims to save lives by ensuring that medical providers do not accidentally give opioids to individuals in recovery like in the case of Jessica Grubb.

“The story of Jessie Grubb shows us how tragic the addiction epidemic truly is, and the effects that it has on families across West Virginia,” Senator Capito said. “Today’s announcement is welcome news as it will help to ensure that all members of a patient’s treatment team have access to a person’s history of addiction, which will help improve care coordination. This change, which we’ve been working to implement for several years, will also help remove the stigma behind opioid addiction and continue Jessie’s legacy by helping prevent senseless substance use disorder deaths in our state.”

“Today’s announcement is another important step in securing Jessica Grubb’s legacy and will help save countless lives in our fight against the drug epidemic that has ravaged our state,” Senator Manchin said. “While it has taken more than two years since Congress passed the Legacy Act to get this critical change implemented, I am pleased HHS is taking action to help Americans and West Virginians who are in recovery from substance use disorder. I look forward to working with HHS and the Grubb family to get the final rule implemented and will continue to fight this terrible epidemic that has taken far too many Americans and West Virginians by working to implement Jessie’s Law too.”

“It’s been six years since Jessie tragically died as a result of an opioid overdose. It was a death that could have been and should have been avoided. The Legacy Act proposed rule, coupled with Jessie’s Law, are crucial steps that will prevent needless deaths in the future. While nothing can ever replace Jessie in our lives, it is comforting to know that other families will not have to endure similar pain,” David Grubb, Jessica Grubb’s father said.

“The Partnership to Amend 42 CFR Part 2 is delighted to see the issuance of this long-awaited rule and thanks Senator Manchin for his leadership on this important topic. By aligning Part 2 more closely with the privacy provisions in the Health Insurance Portability and Accountability Act (HIPAA), we move closer to providing appropriate access to patient information that is essential for providing safe, effective, whole-person care while still protecting patient privacy,” Maeghan Gilmore, Vice President, Government Affairs of the Association for Behavioral Health and Wellness and Chairperson of the Partnership to Amend 42 CFR Part 2, said.

After battling substance use disorder for seven years, Jessie was sober and focusing on making a life for herself in Michigan. She was training to run in a marathon and had to undergo surgery for a running related injury. Her parents, David and Kate Grubb, went to Michigan for her surgery and told her doctors and hospital personnel that she was recovering from substance use disorder. However, after Jessie’s surgery, the discharging doctor, who said he didn’t know she was recovering from substance use disorder, sent her home with a prescription for 50 oxycodone pills. Before her death, David shared her story with President Obama when he came to Charleston for a town hall on the opioid epidemic. Her story had a deep impact on President Obama and she is often credited with inspiring him to dedicate more resources to fighting this devastating epidemic.

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Source: United States Senator for West Virginia Shelley Moore Capito

WASHINGTON, D.C. – Today, the U.S. Senate Environment and Public Works (EPW) Committee held a business meeting to consider multiple nominations, including Joseph Goffman to be an assistant administrator for the Environmental Protection Agency’s (EPA) Office of Air and Radiation. Ranking Member Shelley Moore Capito (R-W.Va.), along with every Republican, voted against Goffman’s nomination, which resulted in a 10-10 tie vote.

Ranking Member Capito has previously voiced her strong opposition to Goffman’s nomination, including at a May 2022 hearing, a July 2022 business meeting, and in a July 2022 op-ed.

Below is a portion of Ranking Member Shelley Moore Capito’s (R-W.Va.) opening statement made at today’s business meeting.

“At this point, everybody knows where I stand on the nomination of Joe Goffman as the assistant administrator for Air and Radiation at the EPA.

“Both throughout his previous service in the Obama administration and during the 22 months he has been at EPA in the Biden administration in a non-Senate-confirmed role, he has made his leadership style and policy views clear. 

“He has worked to develop regulations that harm our energy sector, will raise prices on American families and businesses, and are based on overreaching, illegal interpretations of the Clean Air Act as found by the Supreme Court.

“As I said in our July committee business meeting, Joe Goffman continues to implement policies designed to force closures of baseload power plants through a suite of policies.

“Shortly after the Supreme Court’s ruling against his own Clean Power Plan in West Virginia v. EPA, Mr. Goffman told the New York Times ‘this case does not really take anything off of the menu we’ve been focused on.’

“The fact that one of the most significant Supreme Court rulings in environmental law and rebukes of EPA authority did not change his regulatory plans affirmed why I strongly oppose his nomination.”

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Source: United States Senator for Florida Marco Rubio

U.S. Senator Marco Rubio (R-FL) released a statement calling on the Biden Administration, freight rail industry, and labor unions to return to the negotiating table instead of asking Congress to impose a heavy-handed deal on the hardworking men and women of the rail industry.
 
See highlights below. 
 
Sohrab Ahmari, Founder and Editor, Compact Magazine (Twitter)

• Boom. @marcorubio continues to walk the walk on pro-labor politics, unlike nearly all other GOP aspirants who claim to speak for the “multiracial working class.”

 
Oren Cass, Executive Director, American Compass (Twitter)

• Still not clear to me why President Biden thinks an industry as profitable as the railroads needs federal protection from its workers. But glad to see @marcorubio making the case for a pro-worker settlement.

 
Allan Smith, Political Reporter, NBC News (Twitter)

• As some in the GOP seek to realign the party re: it’s relationship with corporate America, it’s conceivable that some other Republicans may take Rubio’s position.

 
Sam Stein, Deputy Managing Editor, Politico (Twitter)

• Rubio also endorsed the Amazon union drive in Alabama

 
Oliver Knox, Reporter, Washington Post (Twitter)

• … Also recall Rubio partnered w/ Sherrod Brown in seeking probe into Amazon labor practices

 
Nick Riccardi, Reporter, Associated Press (Twitter)

•  You can feel tectonic plates slowly shifting beneath the US political system, only q is when the next earthquake is

 
Jim Stinson, Freelance Reporter (Twitter)

• Rubio is probably the best Republican on blue-collar policy after Trump. Maybe better than Trump.

 
Danny Rivero, Reporter, WLRN (Twitter)

• Rubio is currently to the left of Biden on this one labor issue, despite Biden saying he would be the most pro-labor president in US history. Also worth remembering Rubio strongly supported the push to unionize Amazon warehouse in Alabama last year.

 
Zaid Jilani, Solutions Reporter, NewsNation (Twitter)

• Last year Rubio was the only Senate Republican to support union drive at Amazon warehouses in Alabama.

 
Joseph Zeballos-Roig, Domestic Policy Reporter, Semafor (Twitter)

• Rubio is outflanking Biden and hitting him from the left on a labor issue, setting up a very unusual dynamic as the WH urges Congress to avert a rail strike.

Source: United States Senator for Florida Marco Rubio

Negotiations between rail companies and their unionized workers remain at an impasse. To head off a freight rail shutdown, President Joe Biden asked Congress to adopt the tentative agreement his administration negotiated between labor leaders and the rail companies — an agreement that has been rejected by the membership of four of the 12 unions, including the largest, because it lacked paid sick days for workers.
 

U.S. Senator Marco Rubio (R-FL) released a statement calling on the parties to return to the negotiating table instead of asking Congress to impose a deal on the hardworking men and women of the rail industry. 

• “Just because Congress has the authority to impose a heavy-handed solution does not mean we should. It is wrong for the Biden Administration, which has failed to fight for workers, to ask Congress to impose a deal the workers themselves have rejected.

• “I will not vote for any deal that does not have the support of the rail workers.

• “This whole episode highlights many of the ongoing problems in our economy. On the one hand, Wall Street’s drive for efficiency has turned rail workers into little more than line items on a spreadsheet. On the other hand, you have union leadership so disconnected from its rank and file that they struck a deal their members can’t support.

Source: United States Senator Marsha Blackburn (R-Tenn)

WASHINGTON, D.C. – After Ticketmaster claimed a high volume of bot attacks forced them to cancel Taylor Swift ticket sales, U.S. Senators Marsha Blackburn (R-Tenn.) and Richard Blumenthal (D-Conn.), Ranking Member and Chair of the Senate Commerce, Science, and Transportation Subcommittee on Consumer Protection, Product Safety, and Data Security, sent a letter to Federal Trade Commission (FTC) Chair Lina Khan. The Senators requested answers on how the FTC is combatting the use and operation of bots in the online ticket marketplace.

In 2016, President Obama signed Senator Blackburn’s legislation, the Better Online Ticket Sales (BOTS) Act, into law. Senator Blumenthal was also an original co-sponsor of the bill, which prohibits ticket scalpers from using software to purchase high volumes of tickets. The Senators believe enforcing the BOTS Act fully is an important step to ensuring a level playing field for ticket consumers. 

“The recent difficulties consumers have faced while attempting to purchase tickets is a serious concern and reflective of anti-competitive conduct in the online ticket marketplace,” said Senator Blackburn. “Fortunately, a solution is already in place that would go a long way in reducing ticket costs and protecting consumers and artists from scammers. The federal government needs to get serious about implementing my legislation, the BOTS Act, immediately.” 

“The Better Online Ticket Sales Act gave the FTC and state attorneys general the tools they need to crack down on parasitic online ticket bots – now they need to use them. Without adequate enforcement of this anti-consumer software, regular fans are still being unfairly priced out of seeing their favorite singer or hometown sports team. We’d like to know what steps the FTC plans to take to ensure that consumers have fair access to the events they want to see,” said Senator Blumenthal. 

Read Blackburn and Blumenthal’s letter here or below.

Dear Chair Khan:

 

We write to ask for information about the steps the Federal Trade Commission (FTC) is taking to combat the use and operation of bots in the online ticket marketplace. As you know, the Better Online Ticket Sales, or BOTS Act, became law in 2016. This law prohibits the circumvention of a security measure, access control system, or other technological control measure used online by a ticket issuer. It also prohibits the selling or offering of an event ticket obtained through a circumvention violation if the seller participated in, had the ability to control, or should have known about the violation. The BOTS Act gives the FTC and state attorneys general the authority to enforce violations as unfair and deceptive practices.

 

Recently, several high profile incidents arose where consumers encountered serious difficulties purchasing tickets through online ticket vendors, including Ticketmaster and AXS. While bots may not be the only reason for these problems, which Congress is evaluating, fighting bots is an important step in reducing consumer costs in the online ticketing industry. For example, consumers reported trying to purchase tickets to see Bob Dylan at the Ryman Auditorium in Nashville, only to be told the tickets in their shopping cart no longer existed. Similarly, 22,000 fans preregistered to buy tickets for Blake Shelton, but only a few hundred actually got tickets.  Finally, Ticketmaster/LiveNation pointed to online bots as a reason why fans could not get Taylor Swift concert tickets, leading the ticket seller to shut down sales to the general public.

While some consumers opt to purchase tickets on the secondary market, most fans cannot afford to pay thousands of dollars for a single concert ticket. Some reports have found secondary ticket sales ranging from $1,000 (Bruce Springsteen) to $40,000 (Adele). Preventing this type of consumer harm is exactly why Congress chose to enact the BOTS Act six years ago and why we both chose to sponsor that bill. 

We understand that, in January 2021, the FTC took its first enforcement actions under the BOTS Act. However, given the numerous high-profile incidents in the online ticket marketplace, it would be helpful to understand how the FTC intends to act to address such conduct going forward. We request answers to the following, which may be provided in a confidential briefing if needed:

 

1. Does the FTC have any pending enforcement matters before it with respect to the BOTS Act?
2. Why has the FTC only undertaken a single enforcement action to date using its BOTS Act authority?
3. Are there obstacles preventing the FTC from exercising its authority under the BOTS Act that Congress should be aware of?
4. Are there other solutions that Congress needs to consider in conjunction with the BOTS Act?

 

We appreciate your timely attention to this issue.

Source: United States Senator for Louisiana Bill Cassidy

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Previous Article

Source: United States Senator for West Virginia Joe Manchin

November 29, 2022

Washington, DC – U.S. Senators Joe Manchin (D-WV) and Shelley Moore Capito’s (R-WV), Protecting Jessica Grubb’s Legacy Act (Legacy Act) proposed rule was announced by U.S. Health and Human Services (HHS). The Legacy Act will change existing privacy regulations, known as 42 CFR Part 2, surrounding medical records for those suffering with substance use disorder. This proposed rule will implement the Legacy Act, which aims to save lives by ensuring that medical providers do not accidentally give opioids to individuals in recovery like in the case of Jessica Grubb.

“Today’s announcement is another important step in securing Jessica Grubb’s legacy and will help save countless lives in our fight against the drug epidemic that has ravaged our state,” said Senator Manchin. “While it has taken more than two years since Congress passed the Legacy Act to get this critical change implemented, I am pleased HHS is taking action to help Americans and West Virginians who are in recovery from substance use disorder. I look forward to working with HHS and the Grubb family to get the final rule implemented and will continue to fight this terrible epidemic that has taken far too many Americans and West Virginians by working to implement Jessie’s Law too.”

“The story of Jessie Grubb shows us how tragic the addiction epidemic truly is, and the effects that it has on families across West Virginia,” Senator Capito said. “Today’s announcement is welcome news as it will help to ensure that all members of a patient’s treatment team have access to a person’s history of addiction, which will help improve care coordination. This change, which we’ve been working to implement for several years, will also help remove the stigma behind opioid addiction and continue Jessie’s legacy by helping prevent senseless substance use disorder deaths in our state.”

“It’s been six years since Jessie tragically died as a result of an opioid overdose. It was a death that could have been and should have been avoided. The Legacy Act proposed rule, coupled with Jessie’s Law, are crucial steps that will prevent needless deaths in the future. While nothing can ever replace Jessie in our lives, it is comforting to know that other families will not have to endure similar pain,” said David Grubb, Jessica Grubb’s father.

“The Partnership to Amend 42 CFR Part 2 is delighted to see the issuance of this long-awaited rule and thanks Senator Manchin for his leadership on this important topic. By aligning Part 2 more closely with the privacy provisions in the Health Insurance Portability and Accountability Act (HIPAA), we move closer to providing appropriate access to patient information that is essential for providing safe, effective, whole-person care while still protecting patient privacy,” said Maeghan Gilmore, Vice President, Government Affairs of the Association for Behavioral Health and Wellness and Chairperson of the Partnership to Amend 42 CFR Part 2.

After battling substance use disorder for seven years, Jessie was sober and focusing on making a life for herself in Michigan. She was training to run in a marathon and had to undergo surgery for a running related injury. Her parents, David and Kate Grubb, went to Michigan for her surgery and told her doctors and hospital personnel that she was recovering from substance use disorder. However, after Jessie’s surgery, the discharging doctor, who said he didn’t know she was recovering from substance use disorder, sent her home with a prescription for 50 oxycodone pills. Before her death, David shared her story with President Obama when he came to Charleston for a town hall on the opioid epidemic. Her story had a deep impact on President Obama and she is often credited with inspiring him to dedicate more resources to fighting this devastating epidemic.

Source: United States Senator Ron Wyden (D-Ore)

November 29, 2022

Wyden Probes Exchanges’ Safeguards for Customers, Corporate Governance and Financial Transparency As The First Step Toward A New Crypto Consumer Protection Agenda

Washington, D.C. – U.S. Senator Ron Wyden, D-Ore., sought answers from the six largest cryptocurrency exchanges on the risks consumers face when investing on their platforms, including whether the exchanges provide any protections for customers if the company fails. Wyden’s inquiry comes after the bankruptcy of the FTX cryptocurrency exchange and news airports indicating widespread mismanagement and misuse of customers’ funds held by the company. 

Americans who place money at banks or registered securities brokers are usually protected by the Federal Deposit Insurance Corporation, Securities Investor Protection Corporation and similar protection arrangements. That is not the case for crypto investors, Wyden wrote in his letter to Binance, Bitfinex, Coinbase, Gemini, Kraken and KuCoin. 

“Unfortunately, consumers who entrusted their crypto assets to FTX have no such protections.,” Wyden wrote. “As Congress considers much-needed regulations for the crypto industry, I will focus on the clear need for consumer protections along the lines of the assurances that have long existed for customers of banks, credit unions and securities brokers. If these protections had been in place before the failure of FTX, far fewer retail investors would be facing precipitous financial harm today.” 

Wyden requested answers to the following questions by December 12, 2022 from each of the six exchanges:

1. How many subsidiary companies fall under the exchange’s umbrella, and how many entities are otherwise affiliates of the exchange?

       a) How does the exchange segregate assets bought or sold on its platform from its subsidiaries or affiliates?

2. Does the exchange segregate customer assets from corporate or institutional assets (including any assets of the exchange’s subsidiaries or affiliates)?

        a) If so, what safeguards are in place to ensure these assets are not commingled?

3. Does the exchange use customer funds for any purpose that is not disclosed to the customer? 

4. Please provide a list of any real estate acquisitions made by the exchange or any of its executives or directors financed by customer funds.

5. Does the exchange have any policies, procedures, practices or safeguards in place to guard against suspected market manipulation or otherwise suspicious trading, including wash trading? If so, please describe.

6. Does the exchange, its directors, officers or employees, or any subsidiaries or affiliates use customer data to inform institutional or personal trading, including futures or options trading?

a) If so, to what extent does the exchange inform customers that it engages in trading that may disadvantage customers’ trades in favor of its own positions?

7. What is the exchange’s ratio of debt-to-assets and debt-to-equity (including capital)

        a) Do you consider the exchange to be highly leveraged?

8. Please provide a copy of the exchange’s most recent balance sheet with a full listing of the company’s assets and liabilities. Please clarify whether this document has been audited and whether the exchange intends to make this document public.

9. How does  the exchange hold and safeguard its reserves (with regard to both capital and equity), and will  the exchange publish proof-of-reserves?

        a) If so, will the proof-of-reserves be externally audited by a firm that follows the Financial Accounting Standards Board’s recommended methods for auditing crypto assets to the greatest extent possible? Please provide any such audits.

        b) What amount of the exchange’s reserves, if any, is made up of exchange-issued tokens, or tokens issued by any of the exchange’s affiliates or subsidiaries?

10. Has the exchange had external auditors conduct annual audits of financial statements? If so, please provide the names of the entities that conducted the audits, and whether those entities ever alerted the exchange of any financial irregularities over the course of its audits.

       a) Please describe any steps taken by the exchange to address any potential financial irregularities, tax compliance issues or money laundering concerns identified by internal or external auditors, as well as whether the exchange alerted any relevant regulators of these findings.

11. Does the exchange carry any form of insurance that would benefit the exchange’s customers in the event of its bankruptcy, theft or hack, or any other risks to customer funds? If so, please describe, including any limits to insurance coverage.

12. Would the exchange participate in an industry-funded insurance fund, similar to the compensation fund established by SIPC?

13. What steps has the exchange taken to work with other companies in the crypto industry to develop protections for investors and customers? 

See the full letters to Binance, Bitfinex, Coinbase, Gemini, Kraken and KuCoin.

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