Gardner, Bipartisan Senators Introduce Legislation to Combat Sexual Harassment in Congress

By Senator Cory Gardner (R-CO)

Washington, D.C. - December 18, 2017  (The Ponder News) --  U.S. Senators Cory Gardner (R-CO), Kirsten Gillibrand (D-NY), Ted Cruz (R-TX), along with several of their colleagues, have introduced new bipartisan legislation that would overhaul the current process that victims of harassment in Congress must go through when reporting a claim, eliminate the use of taxpayer funds to pay out claims, and increase public disclosure of claims against Members.

The current process for victims of harassment in Congress lacks transparency and is difficult to navigate. This legislation, the Congressional Harassment Reform Act, would bring transparency and accountability to the current process by extending protections to interns and fellows, eliminating forced mediation, ending the current required secrecy in the process by allowing victims to speak publicly about their case, requiring Members of Congress found personally liable for harassment to pay settlements out of their own pockets, and improving systems to address harassment and discrimination in Congress.

“Over the past few months, our country has experienced a much-needed transformation when it comes to listening to courageous women share their stories about harassment. No one should be forced to work in an environment where they are made to feel uncomfortable or intimidated. Let me be extremely clear: sexual harassment and workplace misconduct has no place in America, and certainly has no place in the United States Congress,” said Senator Gardner. “I’m proud to join Senators Kirsten Gillibrand (D-NY), Ted Cruz (R-TX), and my other colleagues on both sides of the aisle, to introduce this bipartisanlegislation that reforms the way Congress deals with harassment. This legislation ensures we have an open, transparent process that does not leave the taxpayers on the hook for Members of Congress’ misconduct. I’m proud to introduce this bill today and call on each of my colleagues to support this important proposal.”

“Congress should never be above the law or play by their own set of rules,” said Senator Gillibrand. “We should treat every person who works here with respect and dignity, and that means creating a climate where there is accountability, fairness, respect, and access to justice if sexual harassment takes place. There are real costs to sexual harassment in the workplace. We now know that many people quit their jobs because of it, or miss out on promotions or raises, all of which can throw off the entire trajectory in their careers. We must ensure that Congress handles complaints to create an environment where staffers can come forward if something happens to them, without having to fear that it will ruin their careers. This bipartisan legislation would bring us much closer to that goal.”

“Sexual harassment is wrong. Every person, man or woman, deserves to be treated with dignity and respect in the workplace,” said Senator Cruz. “In recent months, we've seen wave after wave of appalling sexual harassment and assault allegations -- from Hollywood, to newsrooms, to the halls of Congress. And powerful men who have abused their positions have been held to account. Congress is not above the laws, and secret settlements with taxpayer money to cover up harassment should no longer be tolerated. This legislation seeks to empower victims of harassment to report those crimes and to hold the perpetrators accountable."

Specifically, the Congressional Harassment Reform Act would do the following:

1. Extends protections to interns and fellows.
2. Requires everyone working on Capitol Hill, including Members, to take the Office of Compliance training.
3. Changes the name of the Office of Compliance (OOC) to the Office of Congressional Workplace Rights.
4. Puts victims in the driver’s seat by allowing them to choose how to resolve their complaint (e.g. counseling and mediation are both no longer mandatory) and protecting their option to discuss their claim publicly
5. Establishes a Confidential Advisor to consult, on a confidential basis, with any employee who has alleged harassment or discrimination; and assist any employee who has an allegation under Title IV in understanding the procedures, and the significance of the procedures.
6. Gives OOC’s General Counsel the authority to conduct interviews and gather evidence regarding complaints of covered harassment and discrimination filed under this section, including interviews with former employees.
7. Allows individuals to work remotely without penalty throughout proceedings.
Improves tracking of complaints and procedures by implementing an online platform.
8. If a Member of Congress is found to be personally liable for harassment or discrimination, they will be responsible for the cost of any settlement.
9. If a Member of Congress is found to be personally liable for harassment or discrimination, any settlement must be approved by the appropriate Senate or House committee.
10. Requires settlements to be publicly disclosed unless the victims choose to keep them private or the Member of Congress is found to have not committed the harassment or discrimination.
11. Requires offices to post notices with information about employees’ rights and how to contact the Office of Compliance.
12. Provides for a climate survey to identify the pervasiveness of the problem and what gaps continue to exist in its resolution. 

Poll: 63 percent say Trump-Russia collusion investigation by Justice Dept. harming the country

By Americans for Limited Government



Fairfax, VA - December 17, 2017 - (The Ponder News) -- Americans for Limited Government President Rick Manning has issued the following statement noting a Harvard CAPS-Harris Poll finding that 63 percent of the American people believe the Justice Department investigation into suppose Trump-Russia collusion on the 2016 election is harming the country, including 78 percent of Republicans, 60 percent of Independents and 52 percent of Democrats:

“A Harvard University study finds that 63 percent of the American people believe that the Trump-Russia collusion investigation by the Justice Department is hurting the country. Our nation has spent almost a year and a half on a political witch hunt designed to take out President Donald Trump, and the Harvard poll shows that almost two-thirds of the public have had enough, believing that it is harming the nation. They are right. Significantly, this poll was taken prior to mass dissemination of news that a high-ranking Obama Justice Department official was married to a Fusion GPS contractor, the company was paid by the Hillary Clinton campaign and the DNC to produce the Christopher Steele dossier that the FBI relied on to pursue the investigation. The poll was also taken prior to revelations that the lead FBI investigator and his mistress who also worked for the FBI were describing the investigation as an ‘insurance policy’ against Trump winning the election from a meeting with Deputy FBI Director Andrew McCabe.

“Given this corruption and the revelation that the entire investigation may have been based on a lie, a plot hatched by Clinton partisans and intelligence officials in the Obama administration, the entire basis for this harmful investigation has collapsed. The abject failure of the partisan Mueller team to find, after over one year of investigation, evidence of collusion between Trump and Russia to hack the DNC or influence the election discredits the entire probe. It is time for Deputy Attorney General Rod Rosenstein to end the Mueller investigation as it has evolved into nothing more than a partisan attempt to overturn the outcome of the 2016 election.”


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APA and National Council for Behavioral Health Applaud the ISMICC’s First Report

By American Psychiatric Association



Washington, D.C. - December 17, 2017 - (The Ponder News) -- The American Psychiatric Association (APA) and National Council for Behavioral Health commend the Substance Abuse and Mental Health Services Administration for its report by the federal Interdepartmental Serious Mental Illness Coordinating Committee (ISMICC). The report acknowledged that the health care system has failed to meet the needs of adults with serious mental illnesses and children with serious emotional disturbances, and outlined areas to help address this failure.

Based on initial deliberations, the ISMICC’s areas of focus include making it easier to access care, closing the gap between treatment that works and what is offered, and developing financing strategies that increase availability and affordability of care.

The APA and National Council call on the Department of Justice, the Department of Veterans Affairs, the Department of Defense, the Department of Housing and Urban Development, the Department of Education, the Department of Labor, and CMS to move swiftly to identify specific, concrete actions each agency can take to move forward these recommendations.

We will continue to contribute to and closely follow the ISMICC as we work together to improve the lives of all people with mental illnesses and addictions. They deserve nothing less.


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PETROLEUM DEMAND LAST MONTH HIGHEST FOR NOVEMBER SINCE 2007

By American Petroleum Institute

Washington, D.C. - December 17, 2017 - (The Ponder News) -- Total petroleum deliveries in November rose to 19.9 million barrels per day. This was the strongest November monthly demand since 2007. Cumulatively through the first 11 months of the 2017, total domestic petroleum deliveries rose by 0.9 percent, which exceeded demand growth in 2016 despite higher prices.

“With sustained strength in the U.S. and global economies, petroleum demand remained strong despite higher prices than last year,” said API Chief Economist Dean Foreman. “Resilient supply continued to outpace demand in November, yet inventories experienced a record November drawdown. With U.S. crude prices trading at a discount to international ones—and the Brent-WTI crude price differential above $6.00 per barrel at the end of November—there was a greater pull for U.S. petroleum exports, which increased by 22.0 percent or about 1.2 million barrels per day compared with November 2016.”

Motor gasoline deliveries were the strongest ever for a November. Consumer gasoline demand, as measured by total motor gasoline deliveries, rose by 0.6 percent year-over-year to 9.3 million barrels per day. Following an exceptionally strong October, gasoline deliveries fell by 0.6 percent for the month. However, the year-to-date trend remains positive, and deliveries climbed by 0.2 percent year to date through the first 11 months of the year compared with the same period in 2016 and are on track to set a new annual record above 9.3 million barrels per day for 2017.

U.S. crude oil production in November remained strong and above 9.0 million barrels per day for the 10th consecutive month. Domestic crude oil production increased 9.0 percent from the prior year and reached the highest November output in 47 years, since 1970, to average nearly 9.7 million barrels per day. Compared with the prior month and the prior year to date, crude oil production increased 2.8 percent and 4.0 percent, respectively. The month-ago increase likely reflected the impact of hurricane recovery and market stabilization. Domestic crude oil production in the lower 48 states increased by 2.9 percent from October and was 9.5 percent higher than November 2016 at more than 9.1 million barrels per day.

Natural gas liquids (NGL) production, a co-product of natural gas production, increased from the prior month and prior year. NGL production in November was up by 0.7 percent from October and by 3.4 percent from November 2016 to average 3.7 million barrels per day– the highest November volume and the fourth highest volume ever.

API is the only national trade association representing all facets of the oil and natural gas industry, which supports 10.3 million U.S. jobs and nearly 8 percent of the U.S. economy. API’s more than 625 members include large integrated companies, as well as exploration and production, refining, marketing, pipeline, and marine businesses, and service and supply firms. They provide most of the nation’s energy and are backed by a growing grassroots movement of more than 40 million Americans.


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Judge Temporarily Blocks Trump's Birth Control Rule

Washington, D.C. - December 16, 2017 - (The Ponder News) -- A federal court issued a preliminary injunction on Friday effectively blocking interim final rules issued by the Department of Health and Human Services and other federal agencies that would have allowed employers and universities to deny their employees and students insurance coverage for contraception due to religious or moral objections. The decision by the U.S. District Court for the Eastern District of Pennsylvania was issued in a case brought by the commonwealth of Pennsylvania; the ACLU’s suit challenging these rules is currently pending in California.

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HOEVEN-THUNE AMENDMENT FIXES TAX PROVISION FOR COOPERATIVES

By: Senator John Hoeven (R - ND)



Washington, D.C. - December 16, 2017 - (The Ponder News) -- Senator John Hoeven (R-N.D.) announced that his amendment to maintain the fair tax treatment of cooperatives, which he authored with Senator John Thune (R-S.D.), has been included in the conference committee’s final tax relief package. The elimination of Section 199 in Congress’ draft tax bills presented a significant problem for cooperatives, threatening to increase their taxes and leading to higher costs for their members. The Hoeven-Thune language included in the final bill fixes this provision, ensuring cooperatives in North Dakota and across the nation will benefit from Congress’ tax relief legislation.

“We worked hard to ensure the final tax relief legislation provided certainty for cooperatives and treated them fairly,” Hoeven said. “Cooperatives provide vital services for our communities and agriculture producers and fill an important role in our economy. I appreciate Senator Thune, as well as our colleagues in the Senate and the House, for working with us to secure this important provision for our cooperatives. I look forward to advancing this and the rest of our tax relief legislation to help grow our economy and benefit middle-class Americans, workers, small businesses, farmers and ranchers.”

“Throughout the debate on tax reform, Senator John Hoeven has worked tirelessly to ensure that farmers and their co-ops were treated fairly. In particular, the Senator recognized early on that the elimination of the Section 199 deduction threatened to raise the tax burden of many producers and cooperatives. The provisions that he and Senator John Thune were able to secure in the bill will, we believe, keep money in the pockets of family farmers across the country at a time when low commodity prices mean that every penny counts. We strongly support this bill and thank Senator Hoeven for his leadership.”—Chuck Conner, President & CEO of the National Council of Farmer Cooperatives

Tom Astrup, President and CEO of American Crystal Sugar Company, applauds Senator Hoeven for his hard work on behalf of family farmers. Senator Hoeven fought effectively to craft a good alternative to Section 199, the Domestic Production Activity Deduction, which is eliminated under the tax bill. We think the alternative will continue to provide important job creating incentives to rural America, which is extremely important given this challenging period for the farm economy.

“Senator Hoeven’s leadership in the tax reform debate means that CHS members—both farmers and local co-ops—will continue to be engines of economic activity in North Dakota and across the territory we serve. The Section 199 deduction helped to create jobs and broaden the tax base in many rural communities and the loss of the deduction would have had impacts far beyond agriculture. Senator Hoeven has prevented that scenario through his efforts to make the new tax code work for co-ops and their members. On behalf of CHS and our farmer-owners, I would like to thank him for being a champion of agriculture.” – Jay Debertin, President & CEO of CHS Inc.

“Land O’Lakes and our members thank Senator Hoeven today for his dedication to making the tax reform package work for family farmers and the co-ops they own. Senator Hoeven led the effort to ensure that eliminating the Section 199 deduction does not have the unintended consequence of raising taxes on producers during hard times across the countryside. The provisions included in the final package will offset the loss of this deduction, we believe, and help encourage job creation and growth across rural America.”—Chris Policinski, President & CEO of Land O’Lakes, Inc.

Congressman Kevin Cramer (R-N.D.) worked to gather support for the Hoeven amendment in the House of Representatives, along with Congresswoman Kristi Noem (R-S.D.) and Chairman of the House Committee on Agriculture, Mike Conaway (R-Texas). Other cosponsors of Hoeven’s amendment in the Senate included Senators Cory Gardner (R-Colo.), John Boozman (R-Ark.), Joni Ernst (R-Iowa), Roy Blunt (R-Mo.), James Risch (R-Idaho), Mike Rounds (R-S.D.), Jerry Moran (R-Kan.), Tom Cotton (R-Texas) and Steve Daines (R-Mont.).
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Record Number of Circuit Judge Confirmations Under Trump

Washington, D.C. - December 16, 2017 - (The Ponder News) -- The U.S. Senate has now confirmed more circuit court judge nominees under President Trump than any other President has had confirmed during their first year in office.

“I’m proud that the U.S. Senate voted to confirm yet another conservative judge, which brings us to a total of 19 confirmed judges this year, including Justice Neil Gorsuch. Today, we also set a new record; the U.S. Senate has now confirmed more circuit court judge nominees during the first year of President Trump’s Administration than any other president in modern history,” said Senator Dean Heller (R - NV). “Earlier this year, I called on Congress to pick up the pace and now we’ve done exactly that. I’m hopeful that we’ll continue to fill the numerous judicial vacancies and bring tax relief to hardworking Americans. We need to work around the clock until we get the job done.”

In October, Heller pushed his colleagues to work full-time, 24/7 for the remainder of the year to combat Democrat obstruction and get results for the American people. At the time, the Senate had confirmed only seven judges. Since Heller’s call to speed up the number of confirmations, the Senate has confirmed an additional 12 judges.

According to the Federal Judicial Center, the previous record holders for the most confirmed circuit court judges during their first year in office were Presidents John F. Kennedy and Richard Nixon. The U.S. Senate confirmed 11 federal appeals court nominees during President Kennedy’s and Nixon’s respective first year in office.

China is Still Breaking WTO Trade Promises 16 Years Later

By Alliance for American Manufacturing



Washington, D.C. - December 15, 2017 - (The Ponder News) -- China's years of broken promises, non-market economy, and predatory trade practices have decimated American factory jobs and still threaten to put U.S. manufacturers out of business 16 years after it joined the World Trade Organization (WTO).

"Over a decade later and the U.S.-China state-of-play hasn't changed much," said Scott Paul, president of the Alliance for American Manufacturing (AAM). "China is still making promises it doesn't intend to keep and demanding even more access to our markets. We're living in a 'China first' world, and if our leaders don't act, our domestic factory jobs will continue to disappear."

Beijing has done little regarding economic reform since 2001 when the country joined the WTO. For example, the Chinese government requires intellectual property transfers from foreign companies operating within its borders, subsidizes companies that flood global markets with cheap imports, and skirts international trade law.

Meanwhile, Chinese President Xi Jingping has demanded China be considered a "market economy," a designation that eases trade rules based on the principle that a country's economy is open rather than managed by the state. The United States has six criteria outlining a market economy, and China fails to meet a single requirement.

"China has shown its unwillingness to meet its commitments, and unless we insist it do so, the next generation of industry will not be made in America," Paul said. "The White House has voiced valid criticism of the WTO and should continue fighting for a fair dispute system. Concurrently, the administration should follow-through on open Section 232 steel and aluminum imports. American jobs are at stake, and workers deserve action now."

U.S.-China economic facts:

1. Chinese state firms contribute between 25-30 percent of China’s industrial output on average, although state-owned enterprises in some sectors exceed 90 percent as of 2016.
2. China’s share of the U.S. goods deficit set a new record in 2015, reaching 50 percent.
3. The cumulative U.S. trade deficit with China since it joined the WTO is over $3.5 trillion.
4. The growing U.S. trade deficit with China cost 3.2 million jobs between 2001 and 2013.
5. The ratio of Chinese imports to U.S. exports is about 4:1.
6. Seventy-five percent of new steel stock since 2000 has come from China.
7. As many as 15,000 U.S. steel and iron workers are facing layoff as a result of Chinese overcapacity, and nearly 33 percent of American steel jobs have vanished during the last two decades.
8. Over 1,000 antidumping cases have been initiated against China globally since 1995.
9. Despite promises to cut capacity, China accounted for over half the world's steel capacity from 2014-2016.
10. All 435 Congressional Districts have lost jobs to China due to Beijing’s unfair trade practices.

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Student group files suit against Arkansas State for limiting speech to 1% of campus

By Alliance Defending Freedom



Washington, D.C. - December 15, 2017 - (The Ponder News) -- Alliance Defending Freedom attorneys filed a federal lawsuit Wednesday against Arkansas State University on behalf of the organizers of a student organization, Turning Point USA, to challenge the constitutionality of the ASU five-campus system’s restrictive speech policy. Among other things, the policy limits speech to roughly one percent of the Jonesboro campus.

“Public universities are supposed to be the marketplace of ideas, but those marketplaces can’t function properly when university officials stifle the ability of students to engage in free speech,” said ADF Senior Counsel Tyson Langhofer. “Arkansas State’s speech policies contain provisions that the courts have repeatedly struck down as unconstitutional at other schools. The university can demonstrate its dedication to the free exchange of ideas by modifying its policies to comport with the First Amendment.”

When ASU student Ashlyn Hoggard and another individual with Turning Point USA—a non-partisan organization that educates students about the importance of fiscal responsibility, free markets, and limited government—recently attempted to set up a table outside the student union to generate interest in forming a chapter on campus, an administrator immediately stopped them, citing the university’s speech policy.

That policy unconstitutionally restricts speech activities to small zones on campus that total about one percent of the campus, requires advance permission for students to use the speech zones, and gives university officials free reign to restrict the content and viewpoint of student speech.

“Instead of fostering a marketplace of ideas, Arkansas State is unconstitutionally limiting exposure to ideas,” said ADF Senior Counsel Casey Mattox, director of the ADF Center for Academic Freedom. “Today’s college students will be tomorrow’s judges, legislators, and voters, and with its current policies, Arkansas State is communicating to that generation that the First Amendment doesn’t matter.”

Ethan Nobles, one of more than 3,200 attorneys allied with ADF, is serving as local counsel in the lawsuit, Turning Point USA at Arkansas State University v. The Trustees of Arkansas State University, filed in the U.S. District Court for the Eastern District of Arkansas.


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Senators Call for Additional Funding and Legislative Measures to Address Sexual Harassment on Capitol Hill

Washington, D.C. - December 15, 2017  (The Ponder News) -- U.S. Senators Susan Collins (R-ME) and Patty Murray (D-WA) wrote to Majority Leader Mitch McConnell (R-KY), Minority Leader Chuck Schumer (D-NY), Appropriations Committee Chairman Thad Cochran (R-MS) and Appropriations Committee Vice Chairman Patrick Leahy (D-VT), urging them to take additional steps to address sexual harassment and workplace misconduct in the United States Congress. 

“The reported accounts of misconduct on Capitol Hill necessitate a review of our workplace culture and processes to ensure that equality and justice prevail throughout,” Senators Collins and Murray wrote.

Senators Collins and Murray urged the Senate and Appropriations Committee leaders to provide additional funding to support updated and improved sexual harassment training for legislative branch employees.  They also urged the inclusion of legislative measures to improve the ways that congressional offices respond to both the causes and consequences of these incidents.

“On November 9, the Senate passed unanimously a resolution requiring Senators, staff, interns, fellows, and detailees to participate in workplace harassment training, including sexual harassment,” Senators Collins and Murray continued.  “This is a welcome first step to reforming the culture on Capitol Hill. It also invites an opportunity to invest in necessary improvements to training modules and to hire staff with expertise in workplace harassment and worker-advocate support. We request that you include sufficient funding to the Office of Compliance (OOC) and other appropriate Senate offices to improve these trainings and supports.”

Senators Collins and Murray also urged Leadership to take additional steps to fully address issues of harassment and misconduct, including implementing, at a minimum, the following common sense reforms that have support on both sides of the aisle:

Covering every member of the Congressional community (staff, fellows, interns, pages, and detailees) by the Congressional Accountability Act (CAA) and fully informing them about what their rights, protections, and the available procedures are. 

Providing employees who experience harassment with access to independent confidential resources to advise and assist them through the complaint resolution process; and

Reforming the complaint resolution process so that arbitrary time limits and mandatory processes do not discourage reporting.
 

The complete text of the letter is available HERE