Monday, September 28, 2020

Federal Judge Certifies Class, Orders Trump Administration to Stop Denying Pandemic Relief Funds to Incarcerated Persons

Oakland, CA - September 28, 2020 - (The Ponder News) -- On September 24, 2020, Judge Phyllis J. Hamilton of the U.S. District Court for the Northern District of California issued an Order certifying a nationwide class of people incarcerated in state and federal prisons, and granting the plaintiffs' motion for preliminary injunction requiring the U.S. Department of Treasury, the U.S. Internal Revenue Service, and the United States of America ("Defendants") to stop withholding CARES Act stimulus funds from plaintiffs or any class member on the sole basis of their incarcerated status.

A Treasury Department Inspector General report confirms that, as of early May 2020, the IRS had determined that at least 80,000 incarcerated people were eligible for payments of over $100 million. The Judge's order will thus result in desperately needed economic assistance of over $100 million to be delivered to members of the Class.

Congress passed the CARES Act to provide sorely needed economic assistance during the economic crisis triggered by the COVID-19 pandemic. Incarcerated persons, and their families on the outside, are among the most economically disadvantaged people in the country. Indeed, according to one study, people who are incarcerated had a median income of only $19,185 before their incarceration, compared to $41,250 for non-incarcerated people. Low-income families are disproportionately more likely to have a relative behind bars. The same is true for Black, Latino and Native families.

The Treasury, however, has refused to issue stimulus payments authorized by Congress to eligible incarcerated persons, thereby further exacerbating the economic disadvantages they and their families suffer.

The lawsuit alleges that over 1.4 million incarcerated people have been affected by Defendants' actions. Many rely on financial assistance from their friends or families on the outside, people who are already suffering in the current economic crisis.

The plaintiffs are Colin Scholl and Lisa Strawn. The Lieff Cabraser legal team representing them and the proposed class are Kelly M. Dermody, Yaman Salahi, and Jalle H. Dafa, joined by Eva Jefferson Paterson, Mona Tawatao, Lisa Holder, and Christina Alvernaz of the Equal Justice Society. Kelly Dermody and Eva Paterson have been appointed Co-Lead Class Counsel.

The defendants are the Treasury Secretary Steven Mnuchin, the United States Commissioner of Internal Revenue Charles Rettig, the U.S. Department of the Treasury, the U.S. Internal Revenue Service, and the United States of America.

Sunday, September 27, 2020

CLEAN ECONOMY JOBS AND INNOVATION ACT PASSES HOUSE (HR 4447)

Washington, D.C. - September 27, 2020 - (The Ponder News) -- The House of Representatives passed H.R. 4447, the Clean Economy Jobs and Innovation Act. This legislation increases research and development across all forms of energy generation, funds the science to support breakthrough technologies and modernizes the country’s energy infrastructure.

“This legislation is about winning the race to the jobs and technologies of the future. Western Pennsylvania has done it before,” said U.S. Representative Connor Lamb (D-PA, 17th). “Our people drilled the first oil wells, built the first nuclear plant, and changed the world with the shale revolution. We can and must do it again. Government research has always been a key ingredient in winning the race and creating jobs, and this bill will help make sure that Western Pennsylvanians will provide energy and technology to the nation long into the future.”

In addition to expanding research for Fossil, Wind, Solar, Nuclear energy at the U.S. Department of Energy, H.R. 4447 also increases research for industrial technologies that can increase efficiency and drop emissions; boosts funding for electric vehicle manufacturing in the U.S.; increases federal programs to make homes and buildings more energy efficient; facilitates commercializing the scientific breakthroughs developed at our national labs; and more than doubles the authorization for the Advanced Research Projects Agency – Energy (known as ARPA-E), which funds the most innovative and moonshot-style research projects.

The National Energy Technology Laboratory (NETL) located in Western Pennsylvania is the lead lab for Fossil research, and under the bill will research Carbon Capture Utilization and Sequestration (CCUS) technologies, methane leaks, and rare earth elements, among other relevant areas.

Click here for more information on the Clean Economy Jobs and Innovation Act.

California Republican Congressman Opposes Democrats Partisan Energy Takeover Bill

The White House threatens to veto the Democrat's energy bill

Congressman Doug LaMalfa issued the following statement after voting against H.R. 4447, the Democrats’ Partisan Energy Takeover Bill. H.R. 4447 promotes far left energy policies that will cost American taxpayers more than $135 billion dollars.

LaMalfa said: “This legislation is another attempt by Democrats to force expensive, unreliable, and unrealistic ‘Green New Deal’ priorities on the American people. This bill also completely disregards the needs of rural America, prioritizing billions in funding to large cities. California is again facing expected power shut-offs because of the policies found in this legislation. Forcing the rest of the country to adopt the failure of California’s energy policy is wrong. Additionally, by effectively forcing a phase-out of hydropower, thousands of Northern Californians are put at risk to lose their clean, reliable energy source. This legislation is the House Majority’s absurd attempt at pandering to urban environmentalists, and does not contain real solutions for rural Americans, like encouraging the use of hydropower, investing in biomass power development that will help reduce wildfire risks, and increasing water storage.”

Specifically, H.R. 4447 includes the following provisions:

  • $36 billion for electric vehicle (EV) related programs, including federal-fleet mandates requiring at least half of all light-duty vehicles to be zero emission or hybrid by 2025
  • $650 million for areas to convert to electric school busses and EV infrastructure
  • $17.5 billion for city-oriented conservation block programs
  • $20 billion to establish a federal “green bank” to subsidize green energy projects
  • Effectively bans new pipeline projects
  • Discourages new investment in hydropower
  • Saturday, September 26, 2020

    Creating National Standards for Aquaculture

    Washington, D.C. - September 26, 2020 - (The Ponder News) -- On September 24, 2020, Senators Roger Wicker (R-MS), Brian Schatz (D-HI) and Marco Rubio (R-FL) introduced bipartisan legislation, the Advancing the Quality and Understanding of American Aquaculture (AQUAA) Act (S. 4723) in the U.S. Senate. The bipartisan AQUAA Act, which has companion legislation in the U.S. House, would support development of an offshore aquaculture industry in the U.S. to increase the production of sustainable seafood and establish new economic opportunities in federal waters.

    "The expansion of domestic offshore aquaculture is a win-win for American communities nationwide," said Bill DiMento, president of Stronger America Through Seafood (SATS) and vice president of Corporate Sustainability and Government Affairs at High Liner Foods. "Growth of the American aquaculture industry would create new jobs, provide new business opportunities and grow our economy as our country recovers from the COVID-19 pandemic. Because of the opportunities that aquaculture can provide American communities, there is growing bipartisan support and momentum for federal action on aquaculture."

    The AQUAA Act would establish National Standards for offshore aquaculture and clarify a regulatory system for the development of aquaculture in the U.S. exclusive economic zone (EEZ). The legislation would also establish a research and technology grant program to fund innovative research and extension services focused on improving and advancing sustainable domestic aquaculture.

    The expansion of aquaculture, one of the most resource efficient methods of producing animal protein, would complement the wild fish sector to meet growing demand for American seafood while protecting our fisheries and natural resources. In addition to boosting growth for the seafood industry, American aquaculture would provide a new market for U.S. farmers, specifically for crops such soybeans, corn and peas, which can be used to create fish feed and ease pressure on ocean resources.

    "With our extended coastline, expansive ocean resources, skilled labor force, superior technology, and ample feed sources, the U.S. has the potential to be a global leader for aquaculture production. However, our potential will remain untapped unless and until federal action is taken to clarify the permitting process. SATS applauds Senators Wicker, Schatz and Rubio for working across party lines to bring awareness and encourage debate in Congress on the topic of expanding domestic aquaculture," DiMento concluded.

    Tony Dal Ponte, vice president of SATS and general counsel at Pacific Seafood, said, "Expanding domestic aquaculture can help give a much needed boost to the American economy. A clear, predictable regulatory framework will benefit not just the seafood industry, but also the coastal communities who rely on it to support their local economies and provide stable, year-round employment opportunities."

    "Aquaculture is the fastest growing food production sector, but the U.S. lacks a comprehensive, nationwide system for permitting in federal waters," said Senator Wicker. "This deficiency prevents the development of aquaculture farms, leading to more seafood imports. Our legislation would establish national standards for offshore aquaculture, enabling U.S. producers to create jobs and meet the growing demand for fresh, local seafood."

    "Hawaii leads the nation in modern and traditional aquaculture practices," said Senator Schatz. "With this bipartisan bill, we can expand aquaculture opportunities, opening suitable federal waters for responsible growers. It will create new jobs, spur economic growth in our coastal communities, and ensure our oceans are managed sustainably now and in the future."

    "Marine aquaculture presents an enormous opportunity for Florida's economy and for the food security of our nation," said Senator Rubio. "I am proud to introduce this bipartisan legislation, alongside Senators Wicker and Schatz, that would streamline the rules for this important industry and responsibly promote its success."

    The companion bill for The AQUAA Act in the U.S. House, H.R. 6191, was introduced by House Agriculture Committee Chairman Collin Peterson (D, MN-7) and Congressman Steven Palazzo (R, MS-4) in March 2020. The AQUAA Act complements the May 2020 Presidential Executive Order on American Seafood Competitiveness, which outlines a process for developing Aquaculture Opportunity Areas in federal waters, a key to supporting a domestic offshore aquaculture industry.

    Stronger America Through Seafood (SATS) advocates for policies and regulations that help secure a stronger America through increased U.S. production of healthful, sustainable, and affordable seafood.

    Friday, September 25, 2020

    Family Research Council Condemns Attacks on Amy Barrett's Faith

    Washington, D.C. - September 25, 2020 -- (The Ponder News) -- Family Research Council President Tony Perkins called out the ongoing anti-Christian smear campaign against prospective Supreme Court nominee Judge Amy Coney Barrett, currently under consideration for Justice Ginsburg's vacant seat. Among others, members of the Left and the media have attacked Judge Barrett in the last few days for her religious beliefs. Barrett has made clear in multiple statements that her Catholic faith does not dictate her duties as a judge, but this still has not stopped those on the Left from imposing what amounts to a religious test.

    Family Research Council Tony Perkins responded to the attacks on Judge Barrett:

    "While the confirmation processes for Justices Gorsuch and Kavanaugh were not tame by any means, what we will most likely see in the coming weeks, given the stakes of this nomination, will make those earlier confirmation battles look like a dispute in small claims court. The startling level of anti-Christian bias already on display against Barrett reveals how far outside of the mainstream the Left has become and how determined they are to oppose whoever President Trump nominates to fill this vacancy.

    "Whoever the Supreme Court nominee is, she must be prepared to defend her religious beliefs under intense scrutiny. But she should also know that she will not stand alone. In fact, 'Remember the dogma' like 'Remember the Alamo' may become an enduring battle cry for religious liberty," Perkins concluded.

    Travis Weber, Vice President for Policy & Government Affairs at Family Research Council, added:

    "No person should be forced to undergo the smears that Amy Coney Barrett has undergone just because they want to remain faithful to their beliefs and serve the public in our nation's judiciary. What she went through during her confirmation for the U.S. Court of Appeals for the Seventh Circuit, and what she is already facing again, is a total disgrace. I thought we were past unconstitutional religious tests a long time ago. Based on what Judge Barrett has undergone, I was mistaken."

    Read also:

    ACB & Anti-Christian Bigotry

    The Amy Coney Barrett Handmaid’s Tale smear that just won’t die

    Trump Nominates Amy Barrett to Supreme Court

    FDA Allows Legal Importation of Drugs from Canada

    Washington, D.C. - September 25, 2020 - (The Ponder News) -- The U.S. Department of Health and Human Services and the U.S. Food and Drug Administration took actions to help provide safe, effective, and more affordable drugs to American patients as part of the Safe Importation Action Plan, fulfilling the aspect of the July Executive Order on drug pricing to complete the rulemaking to allow states to import certain prescription drugs from Canada.

    The final rule implements a provision of federal law that allows FDA-authorized programs to import certain prescription drugs from Canada under specific conditions that ensure the importation poses no additional risk to the public’s health and safety while achieving a significant reduction in the cost of covered products to the American consumer. The final guidance for industry describes procedures drug manufacturers can follow to facilitate importation of prescription drugs, including biological products, that are FDA-approved, manufactured abroad, authorized for sale in any foreign country, and originally intended for sale in that foreign country.

    “Today’s action is an important part of FDA’s priorities to promote choice and competition. The Safe Importation Action Plan aims to clearly describe procedures to import drugs that would lower prices and improve access while also maintaining the high quality and safety Americans expect and deserve,” said FDA Commissioner Stephen M. Hahn, M.D. “The FDA will continue to assess and act on opportunities to increase competition in the prescription drug market and help reduce the cost of medicines.”

    The rule allows states (including the District of Columbia and territories), Indian tribes and — in certain future circumstances — pharmacists and wholesalers, to submit importation program proposals to the FDA for review and authorization. An importation program can be co-sponsored by a state, Indian tribe, pharmacist or wholesaler. Referred to as Section 804 Importation Programs, these programs will be managed by the respective sponsor and any co-sponsors and authorized by the FDA to facilitate the importation of certain prescription drugs that are approved in Canada and, with appropriate labeling, meet the conditions of an FDA-approved drug application. Eligible prescription drugs would have to be relabeled with the required U.S. labeling and undergo testing for authenticity, degradation and to ensure that the drugs meet established specifications and standards. These programs will also have to demonstrate significant cost reductions of the covered products to the American consumer.

    The final guidance describes procedures for a drug manufacturer to obtain a National Drug Code (NDC) for certain FDA-approved prescription drugs, including biological products and combination products, that were originally manufactured and intended for sale in that foreign country. The use of an additional NDC for these products may allow greater flexibility for drug companies to offer these products at a lower price than what their current distribution contracts require. Prescription drugs, including biological products, imported under the pathway described in the final guidance could be available to patients in a variety of settings, including hospitals, health care providers’ offices or licensed pharmacies, and would include the FDA-approved labeling (including prescribing information).

    The American Pharmacists Association (APhA) was not happy with the decision.

    "APhA is disappointed that FDA would risk the safety and security of our nation's drug supply by creating a complex and convoluted program allowing legal importation of certain drugs from Canada. We believe FDA's new drug importation program is not a safe way to reduce drug prices—and puts patients at risk.

    FDA's final rule jeopardizes patient safety by creating supply chain vulnerabilities that could potentially introduce counterfeit or unsafe drugs. It also undermines the Drug Supply Chain Security Act (DSCSA), which creates "track-and-trace" safeguards that do not exist in Canada. By commingling FDA-approved and imported versions in the marketplace, this program also creates pharmacy operation disruptions and product selection confusion and may limit patient access to medications by complicating insurance coverage and reimbursement at the pharmacy.

    Given the additional steps in the supply chain, such as relabeling and laboratory testing requirements, additional reporting systems, and the fact that most high-cost drugs are excluded from the program, it fails to produce significant cost savings to American consumers.

    Today's final rule threatens our drug supply by creating opportunities for mischief that could introduce unsafe drugs into the U.S. The lack of clarity around unknown, unproven cost savings does not justify jeopardizing U.S. supply chain integrity and patient safety," said Ilisa Bernstein, PharmD, JD, FAPhA, APhA Senior Vice President of Pharmacy Practice and Government Affairs.

    APhA has long advocated against unsafe drug importation schemes that would allow the introduction of risky products into our secure U.S. drug supply chain. Together with colleague pharmacy organizations, countless concerned pharmacists, and consumers, we opposed the December 2019 proposed rule and emphasized to FDA that patient safety cannot be compromised. FDA failed to consider the thousands of comments that opposed finalizing this program. We will continue to explore ways to protect patients and the drug supply from the perils that importation may bring and to ensure patient safety is not compromised."

    The American Pharmacists Association is the largest association representing all of pharmacy, bringing together practicing pharmacists, pharmaceutical scientists, student pharmacists, pharmacy technicians and others to support pharmacists' ability to deliver optimal patient care.

    The FDA, an agency within the U.S. Department of Health and Human Services, protects the public health by assuring the safety, effectiveness, and security of human and veterinary drugs, vaccines and other biological products for human use, and medical devices. The agency also is responsible for the safety and security of our nation’s food supply, cosmetics, dietary supplements, products that give off electronic radiation, and for regulating tobacco products.

    Judicial Watch Opposes State/Justice Department Request to End Remaining Discovery in Clinton Email/Benghazi Lawsuit

    Lest we forget: Ambassador Chris Stevens as he is being tortured and killed in Benghazi

    Washington, D.C. - September 25, 2020 - (The Ponder News) -- Judicial Watch has filed an opposition to the U.S. Department of State’s motion to overturn a court order authorizing additional discovery in the Freedom of Information Act (FOIA) lawsuit that led directly to the 2015 disclosure of former Secretary of State Hillary Rodham Clinton personal email system.

    The State Department’s motion seeks to avoid the depositions of Clinton’s former Chief of Staff Cheryl Mills as well as current and former State Department Information Technology Officials Brett Gittleson and Yvette Jacks.

    Judicial Watch argues in its opposition that the State Department is wrong to try to expand an August 2020 appellate court ruling blocking Clinton’s deposition. The ruling did not bar the deposition of Mills or any other witness. Judicial Watch intends to seek further review of the ruling.

    The lawsuit seeks records about the Obama administration’s public statements regarding the 2012 terrorist attack on the U.S. consulate in Benghazi, Libya. In addition to exposing the Clinton email system, the lawsuit uncovered “talking points” drafted by Obama administration officials demonstrating that then-National Security Advisor Susan Rice’s statements on the eve of the 2012 presidential election were false (Judicial Watch v. U.S. Department of State (No. 1:14-cv-01242)).

    On December 6, 2018, U.S. District Court Judge Royce Lamberth ordered that Rice and senior Obama State Department officials, lawyers and Clinton aides be deposed or answer written questions under oath in the lawsuit. Judge Lamberth called Clinton’s email system “one of the gravest modern offenses to government transparency.”

    In May 2019, Rice admitted under oath that she emailed Clinton on Clinton’s personal email account and “in rare instances” received emails related to U.S. government business on her own personal email account. Rice claimed she “took steps” to ensure that official emails were “also on her government email account” but did not identify those steps. Rice’s 2019 sworn answers are available here.

    On March 2, 2020, Judge Lamberth ordered Judicial Watch to depose Clinton and Mills, under oath, regarding Clinton’s email system and the existence of records about the Benghazi attack. Clinton and Mills filed an emergency mandamus appeal to avoid testifying.

    “It is shameful that Judicial Watch still must battle Hillary Clinton, the DOJ, and the State Department in court over the Clinton email scandal,” said Judicial Watch President Tom Fitton. “President Trump should demand answers about these efforts to avoid accountability and the truth.”

    DR. JOYCE HIGHLIGHTS PAYCHECK PROTECTION PROGRAM SUCCESS STORY IN BEDFORD COUNTY, URGES SUPPORT FOR EXTENSION

    Washington, D.C - September 25, 2020 - (The Ponder News) -- U.S. Representative John Joyce (R-PA, 13th), a member of the House Small Business Committee, this week highlighted his support for small businesses and the Paycheck Protection Program (PPP).

    Though the deadline to apply for Paycheck Protection Program assistance has passed, nearly $138 billion in funding remains unspent. Dr. Joyce signed a discharge petition to force a vote on H.R. 8265, which would extend the Paycheck Protection Program until December 31, 2020 and offer a lifeline to small businesses in Pennsylvania and around the country.

    At Wednesday’s Small Business Committee hearing on the Paycheck Protection Program, Dr. Joyce asked Small Business Administration (SBA) Chief of Staff William Manger to explain the process for reopening the Paycheck Protection Program. Mr. Program testified that the SBA could “flip a switch” and get much-needed funding to small businesses. Watch their full exchange.

    National Suicide Hotline Designation Act

    Washington, D.C. - September 25, 2020 - (The Ponder News) -- The National Suicide Hotline Designation Act passed in the House of Representatives by voice vote on Monday.

    The National Suicide Hotline Designation Act directs the Federal Communications Commission (FCC) to designate 9-8-8 as the national suicide prevention and mental health crisis hotline system. The system will include the Veterans Crisis Line to specifically support veterans seeking mental health support. Additionally, the bill authorizes states to collect a fee dedicated solely to supporting local crisis call centers that are affiliated within the national network for enhancements of such services.

    “As a former chief psychiatric nurse, I have spent my legislative career advocating for more accessible mental health resources in our communities, especially with the significant needs in these difficult times. We must not allow the tragedies of COVID-19 to be compounded by preventable losses of life due to mental health distress, as the Centers for Disease Control and Prevention have reported that 40% of American adults have struggled with mental health or substance abuse during this pandemic,” said U.S. Representative Eddie Bernice Johnson (D-TX, 30th) “I am pleased that the House is considering the National Suicide Hotline Designation Act on the floor today, in honor of September as Suicide Prevention Month. We must move quickly to designate 9-8-8 for the national suicide prevention and mental health crisis hotline system and to provide the state funding guidance, federal reporting, and specialized service training to implement this new dialing code. I would like to thank my colleagues Representatives Chris Stewart, Seth Moulton, and Greg Gianforte for their partnership on this critical effort.”

    This bill is a subsequent effort following Congresswoman Johnson’s National Suicide Hotline Improvement Act that was signed into law in August 2018, during the previous 115th Congress. That law directed the FCC and SAMHSA to study the feasibility of a 3-digit dialing code for the national suicide prevention and mental health crisis hotline. The FCC publicly released their report in August 2019, finding that designating a 3-digit code dedicated solely for the purpose of a national suicide prevention and mental health hotline would likely make it easier for Americans in crisis to access lifesaving resources. It was in that report that the FCC recommended 9-8-8 as the best 3-digit code to be used for this purpose, thus setting the framework for Congresswoman Johnson’s National Suicide Hotline Designation Act.

    Supporting organizations of the National Suicide Hotline Designation Act include: American Association for Geriatric Psychiatry, American Association of Suicidology, American Counseling Association, American Foundation for Suicide Prevention, American Legion, American Psychological Association, American Psychiatric Nurses Association, American Telemedicine Association, AMVETS, Anxiety and Depression Association of America, Association For Ambulatory Behavioral Health, Association for Behavioral Health and Wellness, Behavioral Health Association of Providers, Behavioral Health Link, Centerstone, College of Psychiatric and Neurologic Pharmacists, Colorado Access, Confederation of Independent Psychoanalytic Societies (CIPS), Depression Association of America, Depression and Bipolar Support Alliance, Eating Disorders Coalition, Education Development Center, Global Alliance for Behavioral Health and Social Justice, Illinois Association of Behavioral Health, Kennedy Forum, Kevin & Margaret Hines Foundation, Mental Health America, Mental Health Colorado, National Alliance on Mental Illness, National Association for Rural Mental Health, National Association of Social Workers, National Association of State Mental Health Program Directors, National Board for Certified Counselors, National Council for Behavioral Health, National Federation of Families for Children’s Mental Health, National Health Care for the Homeless Council, NowMattersNow, Open Minds, Postpartum Support International, Residential Eating Disorders Consortium, RI International, SMART Recovery, Suicide Awareness Voices of Education, Tourette Association of America, The Trevor Project, United Suicide Survivors International, Vibrant Emotional Health, Wounded Warrior Project, and 2020 Mom.