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Welcome! Follow the cyber team, Olivia Beavers (@olivia_beavers) and Maggie Miller (@magmill95), and the tech team, Harper Neidig (@hneidig) and Emily Birnbaum (@birnbaum_e).

 

STATE AGS SUE TO BLOCK T-MOBILE-SPRINT DEAL: Ten Democratic attorneys general from nine states and Washington, D.C., on Tuesday filed a lawsuit to block the $26 billion T-Mobile-Sprint merger, arguing that combining two of the country’s four largest mobile carriers could harm competition and drastically raise prices for consumers.

The attorneys general, led by New York’s Letitia James and Xavier BecerraXavier BecerraMegachurch leader charged with sex crimes in California Megachurch leader charged with sex crimes in California Overnight Health Care: Anti-abortion Democrats take heat from party | More states sue Purdue over opioid epidemic | 1 in 4 in poll say high costs led them to skip medical care MORE of California, filed the federal lawsuit in the Southern District of New York on Tuesday. Colorado, Connecticut, the District of Columbia, Maryland, Michigan, Mississippi, Virginia and Wisconsin have also joined the effort.

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“When it comes to corporate power, bigger isn’t always better,” James said in a statement. “The T-Mobile and Sprint merger would not only cause irreparable harm to mobile subscribers nationwide by cutting access to affordable, reliable wireless service for millions of Americans, but would particularly affect lower-income and minority communities here in New York and in urban areas across the country.”

Where federal regulators stand: The states are moving to block the merger shortly after the Federal Communications Commission (FCC) last month said it will green light the lucrative deal. The merger still needs approval from the Department of Justice (DOJ), which has not yet made its decision.

Both James and Becerra during press briefings on Tuesday denied that they are taking action now in order to increase pressure on the DOJ to reject the merger.

“We’ve concluded our investigation and we have our own responsibility to consumers,” James said during a press conference in New York City. “Based upon our review, this is bad for consumers, bad for innovation, bad for lowering prices and bad for competition.”

The state investigation: Before filing the lawsuit, the states engaged in a year-long investigation into the merger to gauge how it could potentially affect consumers in the country. They now say they have determined that the merger as proposed violates the country’s antitrust laws.

James’s office said in a statement that states determined the promises of “lightning-fast speeds and increased capacity” from T-Mobile and Sprint were “unverifiable and could only be delivered years into the future, if ever.”

The attorneys general in the lawsuit are arguing that the deal could raise prices for consumers by at least $4.5 billion a year.

Becerra in a statement said they could not find evidence to substantiate claims that the merger could create “faster, better and cheaper service.”

T-Mobile and Sprint in filings have promised to build out a next-generation wireless network, also known as 5G, that would cover almost all Americans within six years.   

They have also pledged to pay “voluntary contributions” to the Treasury Department instead of regulatory fines if the FCC determines that the new company has not followed through on any of the conditions of the merger. The FCC approved the deal on the basis that the mobile carriers will provide widespread 5G coverage to rural areas and create a new in-home broadband service.

But Becerra said the states made the decision to file a lawsuit based on “facts” rather than “promises” from the companies.

Read more on the lawsuit here.

 

MORE ANTITRUST NEWS: Congress on Tuesday opened an investigation into tech companies and antitrust issues, with a hearing on how the industry has upended the business model of the news media and other publishers.

At the first hearing in the House Judiciary Committee’s bipartisan investigation into Silicon Valley’s market power, the panel’s subcommittee on antitrust heard from media advocates who accused internet giants such as Facebook and Google of having a stranglehold on digital advertising, and who urged lawmakers to level the playing field for publishers.

“Unfortunately in the news business, free riding by dominant online platforms, which aggregate and then reserve our content, has led to the lion’s share of online advertising dollars generated off the back of news going to the platforms,” said David Pitofsky, the general counsel for News Corp., which owns The Wall Street Journal.

“We’re not losing business to an innovator who has found a better or more efficient way to report and investigate the news,” Pitofsky added. “We’re losing business because the dominant platforms deploy our news content to target our audiences to then turn around and sell that audience to the same advertisers we’re trying to serve.”

The hearing came amid an unprecedented level of scrutiny in Washington over tech giants’ market power and impact on competitors and consumers. But lawmakers have generally given little attention to what many see as the threat the tech industry poses to the news industry and the damage done to local news outlets.

The bipartisan leaders of the Judiciary Committee are pushing a short-term solution backed by the newspaper industry that would grant an antitrust exemption to media outlets allowing them to collectively negotiate with companies like Facebook and Google for a larger slice of the digital advertising pie.

“It is incumbent on Congress to understand the sources of this problem and address it urgently,” said Rep. Jerrold NadlerJerrold (Jerry) Lewis NadlerWatergate figure John Dean earns laughter for responses to GOP lawmakers The Hill’s 12:30 Report – Presented by MAPRx – Nadler gets breakthrough deal with DOJ on Mueller docs The Hill’s 12:30 Report – Presented by MAPRx – Nadler gets breakthrough deal with DOJ on Mueller docs MORE (D-N.Y.), the chairman of the House Judiciary Committee. “Congress also has a constitutional duty to ensure markets are structured in a way that is compatible with our democratic values.”

Read more here. 

 

HEY, MITCH: A group of Democratic senators are calling on Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellSenate GOP, White House to meet on avoiding October shutdown Senate GOP, White House to meet on avoiding October shutdown Press: How ‘Nervous Nancy’ trumped Trump MORE (R-Ky.) to bring legislation that would reinstate net neutrality rules to a vote in the upper chamber.

The calls from Democrats in the Senate coincide with the one-year anniversary of the Federal Communications Commissions (FCC)’s party-line decision to repeal the Obama-era net neutrality rules.

Sen. Ed MarkeyEdward (Ed) John MarkeyOvernight Energy: Investigators found Zinke’s MAGA socks violated Hatch Act | Major union endorses Green New Deal | Group sues Trump over fishing permits said to endanger sea turtles Overnight Energy: Investigators found Zinke’s MAGA socks violated Hatch Act | Major union endorses Green New Deal | Group sues Trump over fishing permits said to endanger sea turtles Major union endorses Green New Deal MORE (D-Mass.) in a speech on the Senate floor said he is calling for an “immediate” vote on the Save the Internet Act, which passed the House overwhelmingly earlier this year. The bill passed in a 232-190 vote, with just one Republican — Rep. Bill PoseyWilliam (Bill) Joseph PoseyHas Congress lost the ability or the will to pass a unanimous bipartisan small business bill? On The Money: Congress, White House aim to include debt limit increase in spending deal | McConnell optimistic budget deal near | Carson defends HUD eviction plan | Senate votes to undo tax hike on Gold Star families The Hill’s Morning Report – Female candidates search for liftoff in 2020 presidential race MORE (Fla.) — siding with Democrats in favor of the legislation.

“Under Senator McConnell’s leadership, the Republicans are trying to bury this bill in a legislative graveyard,” Markey said.

McConnell previously described the Save the Internet Act as “dead on arrival” on the Senate.

The Democrats, including Markey, Sen. Ron WydenRonald (Ron) Lee WydenHouse passes bipartisan IRS reform bill without ‘Free File’ provision Treasury pushes back at report critical of Trump tax law’s effects Treasury pushes back at report critical of Trump tax law’s effects MORE (D-Ore.) and Sen. Maria CantwellMaria Elaine CantwellData privacy: Consumers want it, businesses need it — it’s time our government delivers it Don’t revive logging in national forests Top Finance Dem offers bill to help those repaying student loans save for retirement MORE (D-Wash.) — the ranking member of the Senate Commerce Committee — took to the Senate floor to voice their support for a Senate vote on the bill.

“Net neutrality may still be a term that some people aren’t familiar with but what it’s all about is a free and open Internet,” Wyden said. “After you pay your internet access fee, you get to go where you want, when you want and how you want. That is what net neutrality is all about.”

Sen. Roger WickerRoger Frederick WickerTrump praises Thad Cochran: ‘A real senator with incredible values’ Longtime GOP Sen. Thad Cochran dies at 81 Congress: Expand access to physical therapy for underserved communities MORE (R-Miss.), the chairman of the Senate Commerce Committee, on the floor rejected Democrats’ arguments, calling them hyperbolic.

“I’ve been amazed over the last year and a half, and even longer, at the intense overblown rhetoric about this issue of net neutrality and about the hyperbole that we heard on the floor of the Senate and elsewhere,” Wicker said. “[Internet service providers] are delivering on consumers’ expectations.”

Read more here.

 

MAINE SHAKES UP PRIVACY DEBATE: Maine is shaking up the national privacy debate with a new law, one that advocates say puts in place some of the toughest measures on internet service providers (ISPs) in the country.

The law, which bars those companies from using, selling or distributing customer data without consent, was signed by Maine Gov. Janet Mills (D) last week and goes into effect on July 1, 2020.

Industry pushback: Industry groups have already voiced their opposition to the Maine law and its tougher standard, fearing not only a patchwork of privacy laws that vary by state, but also that states are competing with each other to pass increasingly more stringent standards.

USTelecom, a coalition of broadband providers including Verizon and AT&T, opposed the Maine law as it went through state legislative committees, sending a letter in April detailing their concerns.

“Consumers expect consistent privacy protections online, regardless of where they are located or what services they use,” USTelecom wrote. “Data does not recognize state borders, and a fragmented, state-by-state approach sets uneven and inconsistent protections for consumers that are difficult, and sometimes impossible to implement.”

USTelecom also argued that the new law could violate ISPs’ First Amendment rights “relative to online actors that use and disclose the same information.”

The law could also face questions from federal regulators.

What this means for Capitol Hill: The law’s effects are likely to have implications far beyond Maine’s borders. The law could provide a template for other states looking to draft data privacy rules and in Washington, D.C., where Congress is grappling with its own efforts to draft the first federal privacy law.

Lawmakers in Washington, though, have struggled to get traction on a federal law.

The House Energy and Commerce Committee has been among the panels on Capitol Hill working on the issue of data privacy in recent months, holding two major hearings on the issue including one with all five commissioners from the Federal Trade Commission.

While a spokesperson for committee Chairman Frank Pallone Jr.Frank Joseph PalloneOvernight Energy: Investigators found Zinke’s MAGA socks violated Hatch Act | Major union endorses Green New Deal | Group sues Trump over fishing permits said to endanger sea turtles Overnight Energy: Investigators found Zinke’s MAGA socks violated Hatch Act | Major union endorses Green New Deal | Group sues Trump over fishing permits said to endanger sea turtles Major union endorses Green New Deal MORE (D-N.J.) declined to comment on the new law, a spokesperson for ranking member Greg WaldenGregory (Greg) Paul WaldenLawmakers, Trump agencies set for clash over chemicals in water House Democrats seek bipartisan working group on net neutrality Overnight Health Care — Presented by PCMA — Senators unveil sweeping bipartisan health care package | House lawmakers float Medicare pricing reforms | Dems offer bill to guarantee abortion access MORE (R-Ore.) told The Hill that the legislation could lead to a “confusing” situation around privacy.

“A patchwork of state laws is confusing – Congress needs to pass a federal privacy law that sets one national standard,” the spokesperson for Walden said.

Fallout for ISPs in Maine: The law will likely mean sweeping changes to how major internet service providers implement their data policies in Maine.

Currently, AT&T, Comcast and Verizon have privacy policies that allow for the use of customer data for purposes including delivering customized advertising, for billing services and for monitoring for illegal activity on accounts.

A spokesperson for Comcast told The Hill the company was not commenting on the new bill due to its “limited” presence in Maine.

But some ISPs in the state have already begun to implement policies that are more protective of customers’ privacy rights.

GWI pledged to customers in a recent blog post that “under no circumstances will we EVER sell your information.” Another company, Viasat, told The Hill that “it does not presently sell customer data, and has no plans to sell customer data in Maine or any other state.”

And one of the nation’s largest ISPs criticized the Maine law for not targeting other companies that also handle consumer data.

A spokesperson for Charter Communications, which provides internet services to 41 states, including Maine, under the Spectrum brand, told The Hill that “the legislation doesn’t go far enough to protect our customers in Maine because it exempts search engines, social media apps, websites and data brokers from having to protect the privacy of consumers’ online information.”

Read more on the Maine shakeup here.

 

RECUSE YOURSELF: Sen. Elizabeth WarrenElizabeth Ann WarrenWarren calls on top DOJ antitrust official to recuse himself from tech probes Iowa Poll: Most likely caucus goers wish several or most candidates would drop out Iowa Poll: Most likely caucus goers wish several or most candidates would drop out MORE (D-Mass.) on Tuesday called on the Department of Justice’s (DOJ) top antitrust official to recuse himself from any probes into Google or Apple because of his previous lobbying for the two tech giants.

In letters, Warren cited Assistant Attorney General Makan Delrahim’s “real or perceived conflicts of interest.”

“Your past work as a lobbyist for two of the largest and most scrutinized tech companies in the world creates the appearance of a conflict of interest,” Warren wrote in a letter to Delrahim on Tuesday. “As the head of the antitrust division at the DOJ, you should not be supervising investigations into former clients who paid you tens of thousands of dollars to lobby the federal government.”

Reports in recent weeks have indicated the DOJ and Federal Trade Commission (FTC) are divvying up oversight of the country’s largest tech giants in preparation for potential investigations into the companies’ enormous market power, with the DOJ charged with overseeing Apple and Google while the FTC takes on Facebook and Amazon.

Delrahim lobbied on Google’s behalf in 2007 when it was facing antitrust scrutiny over its acquisition of DoubleClick, a top online advertising company that has boosted its dominance in digital ads. The controversial $3.1 billion merger was approved after eight months, despite an outcry from competitors and industry-watchers who said it would give Google an unfair advantage in search advertising tools.

According to Senate lobbying numbers, Delrahim reported a $100,000 paycheck from Google that year.

Delrahim also lobbied on behalf of Apple in 2006 and 2007 on patent reform.

In a letter to Delrahim, Warren slammed his swing around the so-called revolving door, writing, “Your prior work lobbying the federal government on behalf of these and other companies in antitrust matters compromises your ability to manage or advise on this investigation without real or perceived conflicts of interest.”

Read more on Warren’s letters here.

 

ELECTION SECURITY BRIEFING COMING UP: Majority Leader Mitch McConnell (R-Ky.) on Tuesday said that the Senate will have an election security briefing in the wake of special counsel Robert MuellerRobert (Bob) Swan MuellerSchiff says Intel panel will hold ‘series’ of hearings on Mueller report Schiff says Intel panel will hold ‘series’ of hearings on Mueller report Key House panel faces pivotal week on Trump MORE‘s report on Russian meddling in the 2016 election.  

“We intend to have a briefing on election security,” McConnell told reporters during a weekly press conference while not responding to questions about whether the upper chamber will take up any election security legislation.

McConnell’s comments mark the first time that he has confirmed he will hold an all-members election security briefing since Minority Leader Charles SchumerCharles (Chuck) Ellis SchumerDemocratic strategist says Republicans are turning immigration debate into ‘political football’ Trump touts Mexico deal on migrants: Will be ‘very successful’ Trump touts Mexico deal on migrants: Will be ‘very successful’ MORE (D-N.Y.) said from the Senate floor that he had received assurances from the Senate GOP leader that there would be a closed-door briefing with administration officials.

“I have some positive news. I have spoken to the Republican leader about that request. He has assured me we will have a briefing,” Schumer said from the Senate floor last week.

The closed-door briefing comes as senators have mounted a bipartisan push in the wake of Mueller’s report to try to move election security legislation through the Senate but have run into high-profile opposition from McConnell and Blunt.

Read more on the briefing here.

 

NOT NOW, FACEBOOK: Facebook announced on Tuesday a new market research initiative designed to understand how consumers interact with apps, which will include collecting a large amount of data about participants in the study.

The new “Study from Facebook” program will involve Facebook users voluntarily downloading a separate app and allowing it to collect information on how much they use other programs. Information on what data will be collected will be available to users in advance and users will be financially compensated, Facebook said.

Information collected will include what apps are installed on the user’s phone, the amount of time they spend on these apps, what country the participant is in, and app activity names.

Facebook wrote it believes “this work is important to help us improve our products for the people who use Facebook.”

None of the data collected will be sold to third parties or used in targeted adds and it won’t include user IDs, passwords, or a user’s Facebook profile content, Facebook said. The company promised to keep all data “safe and secure.”

Only users over 18 will be allowed to participate, and the program is just being rolled out in the United States and India to begin with, although Facebook said it will be expanded to other countries “over time.”

Read more on the study here.

 

CYBER WIN: The House passed legislation by voice vote on Monday that would create “cyber incident response teams” at the Department of Homeland Security (DHS), which can be used to assist both government and private sector organizations after a data breach or other cyberattack.

The DHS Cyber Incident Response Teams Act would establish these teams within DHS’s National Cybersecurity and Communications Integration Center, with the groups charged with providing assistance and support to “asset owners and operators” following a cyber incident. Private sector cyber experts would be allowed to be members of the teams.

The bill’s primary sponsor, House Foreign Affairs Committee ranking member Michael McCaulMichael Thomas McCaulHouse passes bill to establish DHS cyber ‘first responder’ teams House passes bill to establish DHS cyber ‘first responder’ teams Hillicon Valley: YouTube to ban extremist videos | Company in firestorm over conservative commentator | Big tech braces for antitrust showdown | Study finds Russian trolls more effective than thought | Democrats want answers on medical data breach MORE (R-Texas), said in a statement following the bill’s passage that the legislation will help foster “collaboration between the public and private sector,” describing the cyber teams as “first responders” after an attack.

“When cyber-attacks occur, immediate expertise is needed to mitigate damage and ensure organizations are restored,” McCaul said.

Read more here.

 

AN OP-ED TO CHEW ON: The devil is in the device, not the platform.

 

A LIGHTER CLICK: Today in tech policy.

 

NOTABLE LINKS FROM AROUND THE WEB:

This deepfake of Mark Zuckerberg tests Facebook’s fake video policies. (Motherboard)

House Energy and Commerce chair hopes to introduce robocall bill draft next week. (Morning Consult)

YouTube CEO apologizes to LGBTQ community after outcry. (The Verge)

Most US mobile banking apps have security and privacy flaws, researchers say. (TechCrunch)

The House Armed Services Committee on Wednesday voted to require congressional approval for changes to the Air Force One presidential aircraft’s paint scheme and interior design that have been cheered by President TrumpDonald John TrumpTrump judicial nominee withdraws amid Republican opposition: report Trump judicial nominee withdraws amid Republican opposition: report Cummings offers to delay contempt vote for Wednesday deadline on subpoenaed census docs MORE.

The amendment was approved 31-26 during the panel’s markup of the fiscal 2020 National Defense Authorization Act (NDAA).

Offered by Rep. Joe CourtneyJoseph (Joe) D. CourtneyViolence has no place in the workplace Dems offer smaller step toward ‘Medicare for all’ Overnight Health Care — Sponsored by America’s 340B Hospitals — Powerful House committee turns to drug pricing | Utah governor defies voters on Medicaid expansion | Dems want answers on controversial new opioid MORE (D-Conn.), the chairman of the panel’s seapower subcommittee, the amendment would require the Trump administration to OK with Congress any “work relating to aircraft paint scheme, interiors and livery” before it takes place.

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Courtney said his provision refers to the Air Force One replacement contract, a $3.9 billion, fixed-price deal the Air Force signed with Boeing in July 2018 to design, modify, test, certify and deliver two 737 planes by the end of 2024.

He argued that the contract has language that allows the fixed price to be “almost rendered moot in terms of just additional add-ons” and that his provision would help prevent any cost overruns on “less essential items regarding the paint and interior decorating” of the plane.

“Additional paint can add weight to the plane, additional fixtures inside the plane can also add cost and delays to the delivery of the plane,” Courtney said in presenting his amendment.

Trump has said he hopes to change the paint job on new Air Force Ones, forgoing the blue-and-white scheme — designed by President John F. Kennedy and first lady Jackie Kennedy — for a red, white and blue color scheme.

Trump told CBS News anchor Jeff Glor in July 2018 that the redesigned aircraft is “going to be the top of the line, the top in the world, and it’s going to be red, white and blue. Which I think is appropriate.”

“I said, ‘I wonder if we should use the same baby blue colors.’ And we’re not,” the president said.

But Courtney warned that even seemingly small changes to the plane can quickly add up.  

He pointed to a now-rescinded no-bid contract given to Boeing for nearly $25 million to replace the refrigeration system for the existing fleet of two Air Force Ones, “even though, by the time that would be installed, the shelf life of those planes would be about three to four years.”

Lawmakers had asked then-Air Force Secretary Heather Wilson to look into the matter, and she shortly thereafter canceled the deal.   

“As we saw with the refrigeration, this is not just speculation, this is actually a trend that we unfortunately have to keep an eye on,” Courtney said.

Rep. Bradley ByrneBradley Roberts ByrneGOP rep predicts impeaching Trump would hurt Democrats in 2020 GOP rep predicts impeaching Trump would hurt Democrats in 2020 GOP rep says there should be investigations into Russian election meddling MORE (R-Ala.) opposed the amendment, saying it “looks like an attempt to just poke at the president.”

Rep. John GaramendiJohn Raymond GaramendiOvernight Defense: Lawmakers on edge over Iran tensions | Questions rise after State pulls personnel from Iraq | Senators demand briefing | House panel advances 0B Pentagon spending bill | Warren offers plan on climate threats to military House Dems unveil bill to limit Pentagon’s ability to transfer military construction dollars Unchain seniors from chained inflation index MORE (D-Calif.), meanwhile, argued that if Trump wants to change “iconic” look of Air Force One, Congress “ought to have a say about it.”

“Personally I think we ought to stay with what we have. … If somebody wants [fixtures] to be gold plated, come back here and tell us why it ought to be that way,” Garamendi said.

Seapower subcommittee ranking member Rob WittmanRobert (Rob) Joseph Wittman58 GOP lawmakers vote against disaster aid bill Why block citizenship to immigrants who defend America? Virginia reps urge Trump to declare federal emergency ahead of Hurricane Florence MORE (R-Va.) offered his own amendment to strike Courtney’s language from the NDAA, arguing such cost controls were already in place, but that provision was voted down.

Courtney pressed that Congress is “not handcuffing the Air Force and Boeing into exactly the same version of the plane that was the Air Force one that is being replaced. There is some flexibility in there in terms of making some modifications, but … that does not require over and above spending.”

A final decision on the planes’ paint color and design isn’t due until 2021, making it possible that it won’t be changed if Trump fails to win reelection next year.

Should Trump win another term, he may or may not fly on the finished aircraft. The Air Force currently slates the first plane to be finished by September 2024, though major military projects such as this tend to go past the scheduled end date.

Armed Services Chairman Adam SmithDavid (Adam) Adam SmithOvernight Defense: Air Force halts Turkish F-35 pilot training | Key Republican pushes for billion defense boost | Trump planning to send more US troops to Poland Overnight Defense: Air Force halts Turkish F-35 pilot training | Key Republican pushes for billion defense boost | Trump planning to send more US troops to Poland Key Republican pushes B defense funding bump for ‘core military needs’ MORE (D-Wash.) said the included amendment is “really not trying to poke the president” but “simply trying to exercise our oversight responsibilities to try to save the taxpayers money.”

“As I understand it these planes are not even going to be delivered until late 2024, 2025. This president is not going to fly on this plane under any circumstances,” Smith said. 

Welcome to Hillicon Valley, The Hill’s newsletter detailing all you need to know about the tech and cyber news from Capitol Hill to Silicon Valley. If you don’t already, be sure to sign up for our newsletter with this LINK.

Welcome! Follow the cyber team, Olivia Beavers (@olivia_beavers) and Maggie Miller (@magmill95), and the tech team, Harper Neidig (@hneidig) and Emily Birnbaum (@birnbaum_e).

 

BORDER (DATA) BREACH: Lawmakers are expressing alarm and demanding answers over a recent data breach involving U.S. Customs and Border Protection (CBP), the latest in a series of incidents that is underlining the severity of cybersecurity threats to both agencies and businesses.

The CBP incident involved a subcontractor of the agency, who had stored photos from a CBP database, being breached by a malicious actor. The breach resulted in the exposure of images of as many as 100,000 people entering and exiting the U.S. over the period of a month and a half.

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CBP, which is not revealing the name of the subcontractor involved, told The Hill that it is working with Congress and with its own Office of Professional Responsibility to investigate the data breach.

The agency stressed that the subcontractor involved had transferred the photos to its own systems “in violation of CBP policies and without CBP’s authorization or knowledge.” And the agency said that no identifying information was included with the photos.

Lawmakers want to hear more: But those assurances did little to assuage lawmakers on Capitol Hill. Lawmakers from both parties have expressed dismay over the breach and committees in both the House and Senate with jurisdiction over the agency were considering further actions.

Sen. Gary PetersGary Charles PetersTrump judicial nominee withdraws amid Republican opposition: report Trump judicial nominee withdraws amid Republican opposition: report Lawmakers demand answers on Border Patrol data breach MORE (D-Mich.), the ranking member of the Senate Homeland Security and Governmental Affairs Committee, told The Hill that while he is interested in looking into the CBP breach, he wants to make sure he has “all the facts” before moving forward.

“Right now it’s just about getting a better sense of exactly what happened, how it happened, and then we’ll figure out appropriate steps to take from that point forward,” Peters said. “We never like breaches, they should never happen, but it shows we have to harden our defenses.”

A spokesperson for Sen. Ron JohnsonRonald (Ron) Harold JohnsonLawmakers demand answers on Border Patrol data breach Lawmakers demand answers on Border Patrol data breach Former Trump chief of staff Reince Priebus officially joins Navy MORE (R-Wis.), the chairman of the Senate Homeland Security Committee, declined to comment. But across the Capitol, lawmakers are looking more closely into the government’s collection of data on travelers.

House Homeland Security Committee Chairman Bennie ThompsonBennie Gordon ThompsonLawmakers demand answers on Border Patrol data breach Lawmakers demand answers on Border Patrol data breach House passes bill to bolster security at synagogues, churches, mosques MORE (D-Miss.) announced that his committee would hold hearings next month to examine the collection of biometric information by the Department of Homeland Security (DHS), which includes CBP.

Thompson also noted that he wants to ensure “we are not expanding the use of biometrics at the expense of the privacy of the American public.”

Homeland Security Committee ranking member Mike RogersMichael (Mike) Dennis RogersLawmakers demand answers on Border Patrol data breach Lawmakers demand answers on Border Patrol data breach The Hill’s Morning Report – Warren’s moment: Policy plans and rising polls MORE (R-Ala.), used the breach to criticize DHS’s handling of cybersecurity challenges, saying in a statement to The Hill that “the agency is ill-equipped to handle emerging cyberthreats.”

Read more on the breach and reaction here.

 

INVESTIGATING THE INVESTIGATOR: Sens. Amy KlobucharAmy Jean KlobucharTop voting machine manufacturer urges Congress to make paper records required Top voting machine manufacturer urges Congress to make paper records required Klobuchar accuses Trump of treating farmers like ‘poker chips’ at his ‘bankrupt casinos’ MORE (D-Minn.) and Ron WydenRonald (Ron) Lee WydenLobbying World Hillicon Valley: Democratic state AGs sue to block T-Mobile-Sprint merger | House kicks off tech antitrust probe | Maine law shakes up privacy debate | Senators ask McConnell to bring net neutrality to a vote Hillicon Valley: Democratic state AGs sue to block T-Mobile-Sprint merger | House kicks off tech antitrust probe | Maine law shakes up privacy debate | Senators ask McConnell to bring net neutrality to a vote MORE (D-Ore.) are demanding answers from the FBI on its response to Russia attempting to hack voting machine company VR Systems during the 2016 presidential election.

The incident was revealed in special counsel Robert MuellerRobert (Bob) Swan MuellerDem committees win new powers to investigate Trump Dem committees win new powers to investigate Trump Schiff says Intel panel will hold ‘series’ of hearings on Mueller report MORE‘s report, which said Russia in August 2016 targeted employees of “a voting technology company that developed software used by numerous U.S. counties to manage voter rolls, and installed malware on the company network.”

The company wasn’t mentioned in the report, but VR Systems has since been confirmed as the targeted company.

In a letter to FBI Director Christopher Wray on Wednesday, Klobuchar and Wyden asked the FBI what steps it took after VR Systems alerted the FBI in August 2016 that it had found suspicious IP addresses on its systems.

“VR Systems indicates they did not know that these IP addresses were part of a larger pattern until 2017, which suggests that the FBI may not have followed up with VR Systems in 2016 about the nature of the threat they faced,” the senators wrote.

During the 2016 elections, several VR Systems voting machines failed in Durham County in North Carolina, leading to some voters being turned away from the polls.

The senators questioned the FBI on whether it had investigated those machines for attempted hacking, and also how the FBI is ensuring that local and state election officials “feel comfortable reporting potential cybersecurity incidents” to authorities.

The Department of Homeland Security agreed last week to conduct an investigation of voting equipment in Durham County.

Klobuchar and Wyden gave Wray until July 12 to respond to their questions.

Read more here.

 

IT’S ALWAYS THE EMAILS THAT GET YA: Facebook has turned over internal emails to regulators that appear to show that CEO Mark ZuckerbergMark Elliot ZuckerbergHillicon Valley: Democratic state AGs sue to block T-Mobile-Sprint merger | House kicks off tech antitrust probe | Maine law shakes up privacy debate | Senators ask McConnell to bring net neutrality to a vote Hillicon Valley: Democratic state AGs sue to block T-Mobile-Sprint merger | House kicks off tech antitrust probe | Maine law shakes up privacy debate | Senators ask McConnell to bring net neutrality to a vote Ad company tests Facebook policies with deepfake video of Zuckerberg posted to Instagram MORE was at least partially aware of third parties amassing user data from the social network, according to The Wall Street Journal.

The Journal, citing people familiar with the emails, said that documents handed over to the Federal Trade Commission (FTC) show Zuckerberg’s close involvement in addressing third-party data collection on Facebook’s platform.

In April 2012, Zuckerberg asked his employees about an app purported to have amassed a database of millions of Facebook users’ information gleaned from the platform. Facebook employees responded that it was possible the app had collected the data, but that it would be complicated for Facebook to intervene.

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The Journal did not review the emails in question but rather relied on its sources’ characterization of the documents.

The report comes amid heightened scrutiny over Facebook and other tech giants’ handling of user data and privacy.

Read more here.

 

SWIPE FOR LESS SECURITY: Drivers of electric vehicles could become the target of cyber criminals if new state rules requiring the use of credit card readers at charging stations go into effect, according to a report from nonprofit Digital Citizens Alliance released on Tuesday.

Currently, many electric car charging stations accept online payments from a customer’s smart phone, eliminating the need for physical payments.

However, several states such as California, Vermont, Arizona and Nevada, are considering mandating that electric car charging stations include magnetic strip readers for credit cards.

Digital Citizens Alliance warned that using credit cards readers could significantly increase the chances of electric car drivers having their cards “skimmed” by hackers on devices illegally installed on the readers.

The skimmers referenced in the report are described as “easy-to-obtain devices engineered to steal credit card data.”

Skimmers have already been a problem at gas stations around the country, where cyber criminals can install them within seconds, with the devices difficult for customers to spot.

Stolen data from credit card readers costs Americans around $16 billion per year, according to the Digital Citizens Alliance.

Read more here.

 

PINTERESTING…: An anti-abortion group said Tuesday it was permanently banned from Pinterest for spreading “harmful misinformation.”

Live Action, one of the largest anti-abortion groups with a strong social media following, tweeted Tuesday it had been suspended and added to a list of “blocked pornography sites,” according to BuzzFeed.

“BREAKING: @Pinterest has permanently BANNED Live Action from the platform and marked all links to our website as ‘porn,'” Live Action tweeted.

Live Action shared a screenshot of an email from Pinterest stating the account was permanently suspended for content that goes against the social media platform’s policies.

“We don’t allow harmful misinformation on Pinterest. That includes medical misinformation and conspiracies that turn individuals and facilities into targets for harassment or violence,” according to the email shared by Live Action.

Pinterest did not immediately respond to comment from The Hill.

According to BuzzFeed, Pinterest said the group was suspended for “misinformation related to conspiracies and anti-vaccination advice, and not porn.”

“Sometimes our internal tools have legacy names for the technology that enforces some of our policies,” a Pinterest spokesperson told BuzzFeed. “This technology was named years ago to combat porn, and has since expanded to a variety of content despite retaining its original internal name. We are updating our internal labeling to make this clear.”

The move comes months after Pinterest acted to block vaccine-related searches on its website in an effort to crack down on the spread of misinformation related to the anti-vaccine movement.

Read more here.

 

BUT THE MAPS: The Federal Communications Commission (FCC) is planning to vote this summer on a proposal aimed at improving the agency’s data collection practices to gauge nationwide access to high-speed broadband.

FCC Chairman Ajit Pai said at a Senate hearing Wednesday that he will circulate an order and report that would “result in more granular and more accurate broadband maps.” The commission will vote on the proposal at its monthly meeting in August.

Pai said his proposal would require broadband providers to report where they currently offer service. Right now, broadband providers tell the FCC where they could provide service rather than where service already exists, which critics have said allows them to misrepresent the amount of people with access.

The current maps have been widely panned for overestimating how many people have access to high-speed internet. Because the FCC uses the maps to determine where to devote billions of dollars in broadband investment, the issue has drawn intense scrutiny from people who say they are being overlooked.

The Republican FCC chairman added that his proposal would ask providers to report data below the census block level, resulting in a more detailed picture of who has access.

At the Senate Commerce Committee hearing Wednesday, Commissioner Jessica Rosenworcel (D) said it is “wasteful and irresponsible” for the FCC to continue distributing billions of dollars each year to build broadband “without a truly accurate picture of where service is and is not.”

Unexpected announcement: Sen. Brian SchatzBrian Emanuel SchatzLawmakers demand answers on Border Patrol data breach Lawmakers demand answers on Border Patrol data breach Banning former members of Congress from lobbying won’t ‘drain the swamp’ MORE (D-Hawaii) asked Pai whether he had consulted with the Democratic commissioners before announcing his proposal.

“I don’t believe any of my colleagues knew,” Pai said.

Schatz criticized the chairman, saying, “You just sprung an announcement on your fellow commissioners. I could see in their face they went, ‘Huh, that’s interesting.'”

“I had my staff text to figure out if they were as surprised as they looked and in fact, they are,” Schatz said. “It is not enough to assign individual projects to members. They have to be in the loop so that you’re working together as a commission.”

Read more on the proposal here.

 

AN OP-ED TO CHEW ON: America can take more actions to cut tech supply chain risks

 

A LIGHTER CLICK: I don’t know who needs to hear this but…

 

NOTABLE LINKS FROM AROUND THE WEB:

As he blocks election security bills, McConnell takes checks from voting machine lobbyists (Sludge)

This picture featuring 15 tech men and 2 women looked doctored. The women were photoshopped in. (Buzzfeed News)

Alphabet-owned Jigsaw bought a Russian troll campaign as an experiment. (Wired)

We read 150 privacy policies. They were an incomprehensible disaster. (The New York Times)

An anti-abortion group said Tuesday it was permanently banned from Pinterest for spreading “harmful misinformation.” 

Live Action, one of the largest anti-abortion groups with a strong social media following, tweeted Tuesday it had been suspended and added to a list of “blocked pornography sites,” according to BuzzFeed. 

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“BREAKING: @Pinterest has permanently BANNED Live Action from the platform and marked all links to our website as ‘porn,'” Live Action tweeted.

Live Action shared a screenshot of an email from Pinterest stating the account was permanently suspended for content that goes against the social media platform’s policies.

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“We don’t allow harmful misinformation on Pinterest. That includes medical misinformation and conspiracies that turn individuals and facilities into targets for harassment or violence,” according to the email shared by Live Action. 

Pinterest did not immediately respond to comment from The Hill. 

Project Veritas, a right-wing group that makes undercover videos, published a video stating Live Action had been added to a “porn block list,” which BuzzFeed reports prompted Live Action to notify its followers.  

Users cannot create a Pinterest “pin” from a site on the block list.

According to BuzzFeed, Pinterest said the group was suspended for “misinformation related to conspiracies and anti-vaccination advice, and not porn.”

“Sometimes our internal tools have legacy names for the technology that enforces some of our policies,” a Pinterest spokesperson told BuzzFeed. “This technology was named years ago to combat porn, and has since expanded to a variety of content despite retaining its original internal name. We are updating our internal labeling to make this clear.”

The move comes months after Pinterest acted to block vaccine-related searches on its website in an effort to crack down on the spread of misinformation related to the anti-vaccine movement.

Sens. Amy KlobucharAmy Jean KlobucharTop voting machine manufacturer urges Congress to make paper records required Top voting machine manufacturer urges Congress to make paper records required Klobuchar accuses Trump of treating farmers like ‘poker chips’ at his ‘bankrupt casinos’ MORE (D-Minn.) and Ron WydenRonald (Ron) Lee WydenLobbying World Hillicon Valley: Democratic state AGs sue to block T-Mobile-Sprint merger | House kicks off tech antitrust probe | Maine law shakes up privacy debate | Senators ask McConnell to bring net neutrality to a vote Hillicon Valley: Democratic state AGs sue to block T-Mobile-Sprint merger | House kicks off tech antitrust probe | Maine law shakes up privacy debate | Senators ask McConnell to bring net neutrality to a vote MORE (D-Ore.) are demanding answers from the FBI on its response to Russia attempting to hack voting machine company VR Systems during the 2016 presidential election.

The incident was revealed in special counsel Robert MuellerRobert (Bob) Swan MuellerDem committees win new powers to investigate Trump Dem committees win new powers to investigate Trump Schiff says Intel panel will hold ‘series’ of hearings on Mueller report MORE’s report, which said Russia in August 2016 targeted employees of “a voting technology company that developed software used by numerous U.S. counties to manage voter rolls, and installed malware on the company network.”

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The company wasn’t mentioned in the report, but VR Systems has since been confirmed as the targeted company.

In a letter to FBI Director Christopher Wray on Wednesday, Klobuchar and Wyden asked the FBI what steps it took after VR Systems alerted the FBI in August 2016 that it had found suspicious IP addresses on its systems.

“VR Systems indicates they did not know that these IP addresses were part of a larger pattern until 2017, which suggests that the FBI may not have followed up with VR Systems in 2016 about the nature of the threat they faced,” the senators wrote.

During the 2016 elections, several VR Systems voting machines failed in Durham County in North Carolina, leading to some voters being turned away from the polls.

The senators questioned the FBI on whether it had investigated those machines for attempted hacking, and also how the FBI is ensuring that local and state election officials “feel comfortable reporting potential cybersecurity incidents” to authorities. The Department of Homeland Security agreed last week to conduct an investigation of voting equipment in Durham County.

Klobuchar and Wyden gave Wray until July 12 to respond to their questions.

A spokesperson for the FBI declined to comment on the letter, while VR Systems did not immediately respond to a request for comment.

VR Systems did issue a statement following the release of the Mueller report that said it’s “number one priority” was ensuring “the integrity of the elections process.”

Wyden wrote to VR Systems last month asking about the potential hacking incidents in 2016. VR Systems responded to Wyden’s questions about the failed North Carolina machines by saying they offered to pay for a forensic investigation of the systems, but that the county decided to “quarantine the machines to do their own analysis.” VR Systems added that they did not believe the analysis has taken place yet.

Both Klobuchar and Wyden have been heavily involved in election security efforts over the past few years, with Klobuchar sponsoring legislation to bolster the cybersecurity of election systems and to make it more difficult for foreign actors to pay for political advertisements on social media platforms.

Wyden recently introduced a bill along with 12 other senators that would mandate the use of paper ballots and risk-limiting audits in all federal elections.

EPA ADMINISTRATORS UNITE: Four former Environmental Protection Agency (EPA) administrators appeared before the House Energy and Commerce Committee on Tuesday, criticizing the agency’s direction under the Trump administration and imploring Congress to return it to its mission.

“I’m here for one reason and one reason only. And it’s not to weep about all my precious rules being rolled back. Though I admit that the constant roll-back is beginning to tick me off a bit,” said Gina McCarthyRegina (Gina) McCarthyOvernight Energy: Senate Dems introduce Green New Deal alternative | Six Republicans named to House climate panel | Wheeler confirmed to lead EPA Overnight Energy: Joshua Tree National Park lost M in fees due to shutdown | Dem senator, AGs back case against oil giants | Trump officials secretly shipped plutonium to Nevada Overnight Energy: Ethics panel clears Grijalva over settlement with staffer | DC aims to run on 100 percent clean energy by 2032 | Judges skeptical of challenge to Obama smog rule MORE, in her first appearance before Congress since heading the EPA under former President Obama.

“I’m here to remind the political leadership at the EPA that what they do matters, and it’s time for them to step up and do their jobs. Just do your jobs. Right now, this administration is trying to systemically undo health protections by running roughshod over the law.”

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McCarthy joined Republican counterparts spanning the Reagan to George W. Bush administrations. Their appearance comes after they sent a letter to various members of Congress offering the help of former EPA staff, who, concerned about the direction of the agency, formed an association — The Environmental Protection Network.

The four former cabinet secretaries say the agency is reversing course and endangering human health along the way.

“Today, as never before, the mission of EPA is being seriously undermined by the very people who have been entrusted with carrying that mission out,” Christine Todd Whitman, who headed the agency under former President George W. Bush, said in her opening remarks. She pointed to a retreat from science, the influence of regulated industries, a disinterest in addressing climate change and a lack of a focus on public health as areas for concern.

“This unprecedented attack on science-based regulations designed to protect the environment and public health represents the gravest threat to the effectiveness of the EPA — and to the federal government’s overall ability to do the same — in the nation’s history,” she said.

The EPA has faced a number of controversies under the Trump administration, ranging from ethical issues tied to former Administrator Scott PruittEdward (Scott) Scott PruittOvernight Energy: Trump appoints Social Security watchdog to also oversee Interior | Critics question EPA guidance on pipelines | Battle over science roils EPA Overnight Energy: Trump appoints Social Security watchdog to also oversee Interior | Critics question EPA guidance on pipelines | Battle over science roils EPA Battle over science roils EPA MORE, to ignoring scientists both inside and outside the agency, to accusations it is rolling back regulations to favor industry.

That has spurred a growing response from a number of current and former employees of the agency, including the ex-administrators.

“I’ve never had a situation where four former EPA administrations, three Republicans and one Democrat…would come in and sounds the alarm the way they did today,” Rep. Dianna DeGette (D-Colo.) said of her tenure on the committee.

Read more about the hearing here.

 

What a Tuesday! And welcome to Overnight Energy, The Hill’s roundup of the latest energy and environment news.

Please send tips and comments to Miranda Green, mgreen@thehill.com and Rebecca Beitsch, rbeitsch@thehill.com. Follow us on Twitter: @mirandacgreen, @rebeccabeitsch and @thehill.

CLICK HERE to subscribe to our newsletter.

 

TRUMP TOUTS ETHANOL: President TrumpDonald John TrumpTop Armed Services Republican plots push for 0B defense budget Amash exits House Freedom Caucus in wake of Trump impeachment stance Amash exits House Freedom Caucus in wake of Trump impeachment stance MORE gave rallygoers in Iowa Tuesday a sign of what might come in 2020, speaking to them about ethanol while taking hard jabs at Democratic presidential candidate Joe BidenJoe BidenIowa Poll: Most likely caucus goers wish several or most candidates would drop out Iowa Poll: Most likely caucus goers wish several or most candidates would drop out Meghan McCain: ‘I feel slighted as a conservative’ by Biden flip-flop on Hyde Amendment MORE.

Speaking in Council Bluffs, Iowa, to celebrate his administration’s decision to allow 15 percent of ethanol to be mixed into gasoline in the hot summer months, Trump in one breath called the move an American success story while also blasting Biden for failing to embrace the fuel under President Obama.

“America must never be held hostage to foreign suppliers of energy as we have under ‘Sleepy Joe,'” Trump told the crowd gathered at Southwest Iowa Renewable Energy, using his preferred nickname for Biden.

“Under the previous administration our leaders rejected American energy and they rejected ethanol. They imposed radical restrictions on our farmers, refused to allow talk of E-15 during the busiest driving time of the year,” Trump said, nodding to both Biden and Obama. “How ridiculous was that?”

More on Trump’s remarks here.

 

Trump and Biden are holding dueling events today in Iowa. Check back at TheHill.com tonight for more coverage.

 

GREENS SUE OVER OFFSHORE REGS: A coalition of environmental groups is suing the Trump administration for rolling back drilling protections put in place after the deadly Deepwater Horizon disaster in 2010 left millions of gallons of oil leaking into the Gulf of Mexico.

The lawsuit, filed Tuesday in the Northern District of California, targets changes the White House made to offshore drilling regulations that required increased monitoring of safety equipment, including the caps designed to fit over well heads and stop leaking oil.

“The Trump administration is now rolling back these regulations allegedly to reduce the burden on industry,” said Chris Eaton, an attorney with Earthjustice who helped file the suit. The problem, he said, is the federal government is “basically just rolling the dice when it comes to worker safety and oil spills.”

The Obama-era regulations were put in place in 2011 in response to the Deepwater Horizon oil spill, and a new agency — the Bureau of Safety and Environmental Enforcement (BSEE), part of the Department of the Interior — was tasked with enforcing them.

Under the new policy, third-party inspectors, rather than the BSEE itself, would inspect wells’ safety systems, something critics say opens the door to less rigorous scrutiny and leaves companies forwarding performance logs to the outside inspectors for what Eaton described as a “paperwork review.”

“It puts responsibility for ensuring adequate inspection in the hands of the industry that failed to do that in the case of the BP blowout,” he said. “We cannot let this industry police itself.”

Read more about the suit here.

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FDA SAYS PFAS CHEMICALS ‘NOT A CONCERN’: The Food and Drug Administration (FDA) is trying to allay concerns after an agency study found harmful “forever chemicals” in some food, saying they did not “have any indication that these substances are a human health concern.”

The Tuesday statement follows the leak of the FDA study to U.S. media, which was presented at a conference in Finland.

The class of chemicals, known as PFAS, are linked with cancer and other health issues.

PFAS is widely used in common household products, and the chemical has also been found in water supplies across the country after breaking down.

But FDA research found the substance in food, including produce, milk, meat and store-made chocolate cakes.

FDA’s latest statement tried to put consumers at ease, noting that most of the food tested did not contain PFAS.

“The FDA does not have any indication that these substances are a human health concern… at the levels found in this limited sampling,” the agency said in the statement. “These data give our scientists a benchmark to use as we continue our critical work studying this emerging area of science.”

PFAS is often referred to as a “forever chemical” given its persistence in the environment and even human bodies. A study estimates the chemical is found in the blood of 98 percent of humans.

The study presented in Finland found PFAS in 14 of the 91 samples tested, but the samples of meat and store-bought chocolate cake had particularly high levels of PFAS.

Read more on the controversy here.

 

ON TAP TOMORROW:

On Wednesday, acting FEMA Administrator Peter Gaynor will appear before the House Homeland Security Committee, while the House Energy and Commerce subcommittee on energy will hold a hearing with members of the Federal Energy Regulatory Commission. The House Committee on Oversight and Government Reform will hold a hearing on natural disasters in the wake of climate change.

In the Senate, the Environment and Public Works Committee will hold a hearing on the Waters of the U.S. rule.

 

OUTSIDE THE BELTWAY:

BP review finds global carbon emissions surged in 2018, we report.

Oregon lawmakers send plastic bag ban to governor’s desk, we report.

Coal companies tied to W.Va. Gov. Justice agree to pay delinquent Kentucky taxes, the Lexington Herald Leader reports.

 

BUT WAIT! THERE’S MUCH, MUCH MORE:

Stories from Tuesday…

Former Obama EPA head tells Trump’s EPA: ‘Just do your jobs’

Green groups sue Trump over offshore drilling rollbacks

Green groups ‘stunned’ by fed decision not to hold hearing on energy efficiency rule

Bipartisan former EPA chiefs say Trump administration has abandoned agency’s mission

BP review finds global carbon emissions surged in 2018

House Intel chair requests details on suppressed climate change testimony

Climate change poses ‘high risk’ to federal spending: GAO

Study: Oceans will lose one-sixth of marine life from current greenhouse gas emissions

Biden backs calls for 2020 debate focused on climate

FDA says ‘forever chemicals’ in some foods not a human health concern

Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellSenate GOP, White House to meet on avoiding October shutdown Senate GOP, White House to meet on avoiding October shutdown Press: How ‘Nervous Nancy’ trumped Trump MORE (R-Ky.) on Tuesday said that the Senate will have an election security briefing in the wake of special counsel Robert MuellerRobert (Bob) Swan MuellerSchiff says Intel panel will hold ‘series’ of hearings on Mueller report Schiff says Intel panel will hold ‘series’ of hearings on Mueller report Key House panel faces pivotal week on Trump MORE‘s report on Russian meddling in the 2016 election.  

“We intend to have a briefing on election security,” McConnell told reporters during a weekly press conference while not responding to questions about whether the upper chamber will take up any election security legislation.

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McConnell’s comments mark the first time that he has confirmed he will hold an all-members election security briefing since Minority Leader Charles SchumerCharles (Chuck) Ellis SchumerDemocratic strategist says Republicans are turning immigration debate into ‘political football’ Trump touts Mexico deal on migrants: Will be ‘very successful’ Trump touts Mexico deal on migrants: Will be ‘very successful’ MORE (D-N.Y.) said from the Senate floor that he had received assurances from the Senate GOP leader that there would be a closed-door briefing with administration officials. 

“I have some positive news. I have spoken to the Republican leader about that request. He has assured me we will have a briefing,” Schumer said from the Senate floor last week. 

But McConnell didn’t mention the briefing last week, and Senate Rules Committee Chairman Roy BluntRoy Dean BluntProposed bipartisan kidney legislation takes on kidney disease epidemic in America GOP senator: Trump’s Mexico deal sends ‘biggest’ message to China GOP senator: Trump’s Mexico deal sends ‘biggest’ message to China MORE (R-Mo.), who has oversight on the issue, told reporters on Thursday afternoon that he had heard nothing from McConnell about having a briefing. 

The closed-door briefing comes as senators have mounted a bipartisan push in the wake of Mueller’s report to try to move election security legislation through the Senate but have run into high-profile opposition from McConnell and Blunt. 

Supporters argue that new legislation is needed to help bolster election infrastructure in the wake of Russia’s actions and as lawmakers debate how to safeguard the 2020 White House and congressional elections.  

But Blunt said during a committee hearing earlier this month that “at this point, I don’t see any likelihood that those bills would get to the floor if we mark them up.” 

When asked about possible legislation, McConnell didn’t directly respond, instead suggesting that reporters had largely ignored stories about the lack of interference in the 2018 election.  

“I do think the missing story that very few of you have written about is the absence of problems in the 2018 election. I think the Trump administration did a much, much better job,” McConnell told reporters. 

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Lawmakers at a House hearing on Tuesday condemned human rights violations under the regime of Nicaraguan President Daniel Ortega and weighed tougher sanctions to address the crisis.

Rep. Albio SiresAlbio B. SiresBooker takes early lead in 2020 endorsements New Jersey Dems tell Pentagon not to use military funds for border wall Democrats seek to take on Trump at State of the Union MORE (D-N.J.), chairman of the House Foreign Affairs Subcommittee on Western Hemisphere, Civilian Security, and Trade, highlighted what he called the “brutal repression” of the Ortega government in response to opposition protests last year at the hearing before his panel.

Nicaraguan authorities deployed paramilitary forces to crack down on protesters calling for Ortega’s resignation in April 2018, resulting in more than 325 people killed, 2,000 injured, over 770 detained and 60,000 fleeing the country, according to the Inter-American Commission on Human Rights.

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In response to the crackdown, Congress passed the Nicaragua Human Rights and Anticorruption Act (NICA), co-sponsored by Sires, which allows the president to impose sanctions against Nicaraguan human rights violators. The bill was signed into law in December 2018.

Lawmakers said more must be done.

“We must send a clear message that we stand shoulder to shoulder with the people of Nicaragua,” said Sires.

Despite sanctions, Ortega has continued to detain individuals arrested during last year’s protests. José Miguel Vivanco, the Americas director for Human Rights Watch, told lawmakers that the prisoners were subjected to further violence in prison including “electric shocks, severe beatings, nail removal, asphyxiation, and rape.”

Vivanco urged lawmakers to push President TrumpDonald John TrumpTop Armed Services Republican plots push for 0B defense budget Amash exits House Freedom Caucus in wake of Trump impeachment stance Amash exits House Freedom Caucus in wake of Trump impeachment stance MORE to target sanctions against Nicaraguan officials guilty of human rights abuses.

Dr. Carlos Ponce, the director of Latin American programs at the Victims of Communism Memorial Foundation, said that sanctions under the NICA Act should be expanded to include members of the military and police.

Expanding sanctions on Nicaraguan officials guilty of rights abuses found support from both sides of the aisle.

“We need to expand and maintain personal sanctions,” Ranking Member Francis RooneyLaurence (Francis) Francis Rooney58 GOP lawmakers vote against disaster aid bill Hillicon Valley: Lawmakers seek ‘time out’ on facial recognition tech | DHS asks cybersecurity staff to volunteer for border help | Judge rules Qualcomm broke antitrust law | Bill calls for 5G national security strategy Oil companies join blitz for carbon tax MORE (R-Fla.), said in his opening remarks. Rooney also said the U.S. should work with allies and the Organization of American States to “exert maximum pressure on the Ortega regime.”

Last month, the Organization of American States called on Ortega to release all prisoners from last year’s protest by June 18. On Saturday, the Nicaraguan government passed an amnesty bill that would free all political prisoners from last year’s protests but the opposition says that the law could be used to absolve authorities of any wrongdoing for the crackdown.

Last year’s student-led protests erupted after Ortega proposed social security reforms, but the demonstrations stemmed from broader discontent with his government, Geoff Thale, the vice president of programs for the Washington Office on Latin America told The Hill.

“Discontent has been growing slowly over authoritarianism,” Thale said.

Ortega is currently serving his third consecutive term, after the country’s constitution was changed in 2014 to remove limits on the terms a president could serve.

Felix Maradiaga, the executive director of the Institute of Strategic Studies and Public Policy, detailed for lawmakers further human rights abuses, including banning peaceful protests.

“We the Nicaraguan people are fighting for our freedom,” he said.

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The top Republican on the House Armed Services Committee on Tuesday would not confirm whether he would vote for the annual defense bill if his push to increase the defense budget by $17 billion is not accepted.

Rep. Mac ThornberryWilliam (Mac) McClellan ThornberryTop Armed Services Republican plots push for 0B defense budget House panel seeks to block Pentagon funds for border wall House panel seeks to block Pentagon funds for border wall MORE (R-Texas) unveiled an amendment early Tuesday that would increase the top-line figure in the House version of the bill to $750 billion but said he and his Republican colleagues have yet to “evaluate the good the bad and the ugly” in the bill.

“I think without question all Republican members on the committee want to vote yes on this bill,” Thornberry told reporters at a breakfast roundtable in Washington. “The question of whether we do is going to depend on that basic thing, does this continue to move us forward or does this take us backwards?”

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The National Defense Authorization Act (NDAA) as it currently stands would authorize a defense budget of $733 billion for fiscal 2020, which covers the Defense Department and the Department of Energy’s nuclear programs.

The Trump administration, meanwhile, proposed a $750 billion budget, which Republicans argue is the minimum needed to ensure U.S. military readiness, citing defense officials’ testimony on the need for 3 to 5 percent year-over-year budget growth.

Thornberry argued that his amendment for the 3 percent increase “enables us to do very specific concrete things that are important to national security,” including restoring personnel accounts, money for disaster funding, and restoring funding requests for hypersonic technology.

“The chairman’s mark cut the request for the personnel accounts by about $1.2 billion, and so what I am doing with this amendment is to restore the funds to the level requested,” he said. “I stayed away from the most controversial stuff. There’s no wall money and other lightning rods because I wanted it to be core military capability.”

The amendment is “directed to core military needs,” Thornberry added.

But the amendment does include the controversial funding proposal to allocate $3.6 billion to backfill military construction funding President TrumpDonald John TrumpTop Armed Services Republican plots push for 0B defense budget Amash exits House Freedom Caucus in wake of Trump impeachment stance Amash exits House Freedom Caucus in wake of Trump impeachment stance MORE plans to take to build a wall along the U.S.-Mexico border.

Democrats did not include that amount in the NDAA because they consider it the administration’s backdoor way for Congress to approve wall funding.

Committee Chairman Adam SmithDavid (Adam) Adam SmithTop Armed Services Republican plots push for 0B defense budget Overnight Defense: Inside the 3B House defense policy bill | Senators take new tack to challenge Saudi arms sales | Raytheon, United Technologies to merge Overnight Defense: Inside the 3B House defense policy bill | Senators take new tack to challenge Saudi arms sales | Raytheon, United Technologies to merge MORE (D-Wash.) on Monday defended the $733 billion amount in the bill, saying that’s what the Pentagon was planning for until shortly before the administration submitted its budget request.

Thornberry, however, said that Smith’s assertion is “certainly not my understanding,” and that the lower amount was merely in press reports.

He said the issue of the administration budget request was discussed in December in an Oval Office meeting with himself, Senate Armed Services Committee Chairman James InhofeJames (Jim) Mountain InhofeTrump defense pick expected to face tense confirmation Overnight Defense: Details on Senate’s 0B defense bill | Bill rejects Trump plan to skirt budget caps | Backfills money for border wall | Defense chief says more troops could head to Mideast Senate panel rejects Trump plan to skirt budget caps, advances defense bill that backfills wall money MORE (R-Okla.), Vice President Pence, former White House chief of staff John KellyJohn Francis KellyMORE, then-Office of Management and Budget Director Mick MulvaneyJohn (Mick) Michael MulvaneySenate GOP, White House to meet on avoiding October shutdown Senate GOP, White House to meet on avoiding October shutdown Republicans warn Cuccinelli won’t get confirmed by GOP Senate MORE, national security adviser John BoltonJohn Robert BoltonRouhani, German diplomat to meet in effort to preserve Iran nuclear deal Rouhani, German diplomat to meet in effort to preserve Iran nuclear deal Why Congress needs accurate intelligence on the Iran threat MORE and former Defense Secretary James MattisJames Norman MattisTop Armed Services Republican plots push for 0B defense budget Former Trump chief of staff Reince Priebus officially joins Navy Former Trump chief of staff Reince Priebus officially joins Navy MORE.

The Washington Post reported at the time that the Dec. 4 meeting was held in an effort to sway Trump to back off on a $700 billion defense budget as part of an order for all federal government departments to cut their planned budgets by 5 percent. The Pentagon had reportedly previously planned a $733 billion budget before such cuts.

“I think a number of us made the case … that you’ve got to have 3 to 5 percent real growth just to not fall further behind with the Russians and the Chinese and to build our readiness,” Thornberry said of the meeting.

“At the end of the day the president’s decision was, ‘OK, we’ll do 3 percent real growth.’ He likes round numbers so that’s how [$750 billion] got there, it’s within a fraction of being 3 percent real growth. That was the decision, that’s what everybody moved out on, that was the administration request, that is the amount the Senate is marking to.”

The House Armed Services Committee on Wednesday will markup the NDAA. Thornberry said he’ll wait to see what amendments are adopted before he decides to vote on the bill.

“We’ve got amendments to come and go, it may get better it may get worse, we’ll see,” he said.

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Top Senate Republicans have rescheduled a budget meeting with Trump administration officials for Wednesday, citing a scheduling conflict for the postponed gathering.

Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellSenate GOP, White House to meet on avoiding October shutdown Senate GOP, White House to meet on avoiding October shutdown Press: How ‘Nervous Nancy’ trumped Trump MORE (R-Ky.) and Senate Appropriations Committee Chairman Richard ShelbyRichard Craig ShelbySenate GOP, White House to meet on avoiding October shutdown Senate GOP, White House to meet on avoiding October shutdown On The Money: House Democrats pull bill giving lawmakers raise | Senate GOP, White House to meet on avoiding October shutdown | Trump threatens tariffs if Xi skips G-20 | Trump hits Chamber over trade | House passes IRS bill without ‘Free File’ program MORE (R-Ala.) had been set to meet Tuesday with White House acting chief of staff Mick MulvaneyJohn (Mick) Michael MulvaneySenate GOP, White House to meet on avoiding October shutdown Senate GOP, White House to meet on avoiding October shutdown Republicans warn Cuccinelli won’t get confirmed by GOP Senate MORE, Treasury Secretary Steven MnuchinSteven Terner MnuchinSenate GOP, White House to meet on avoiding October shutdown On The Money: House Democrats pull bill giving lawmakers raise | Senate GOP, White House to meet on avoiding October shutdown | Trump threatens tariffs if Xi skips G-20 | Trump hits Chamber over trade | House passes IRS bill without ‘Free File’ program This week: House Democrats escalate battle over Mueller report MORE, and Office of Management and Budget Director Russell Vought.

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An aide confirmed that the meeting had been rescheduled for Wednesday afternoon.

Lawmakers had hoped to use the meeting to come up with a plan to avoid a government shutdown starting Oct. 1 — the beginning of the new fiscal year — and to allow the Senate Appropriations Committee to start moving government funding bills. 

One snag to moving appropriations bills is that lawmakers and the White House have not yet reached a deal to raise the defense and nondefense budget caps and avoid across-the-board cuts, known as sequestration. The caps agreement would be used to set the top-line numbers for Congress’s government funding bills.

Lawmakers have to pass 12 appropriations bills, either individually or as part of a package, by the end of September. So far, the Senate Appropriations Committee has passed none.

“Caps number is what we would like to get, but short of that … I will bring up that short of the caps number we need to move forward” on funding bills, Shelby said earlier Tuesday.

The decision to potentially start moving appropriations bills comes after talks about a deal to lift the defense and nondefense budget caps appeared to stall after a meeting last month with top congressional leaders and Mulvaney, Mnuchin and Vought.

McConnell had initially indicated he thought a deal could come together quickly, but Senate Minority Leader Charles SchumerCharles (Chuck) Ellis SchumerDemocratic strategist says Republicans are turning immigration debate into ‘political football’ Trump touts Mexico deal on migrants: Will be ‘very successful’ Trump touts Mexico deal on migrants: Will be ‘very successful’ MORE (D-N.Y.) acknowledged they were still far apart on the top-line number for nondefense spending — a major priority for Democrats.

“I still believe that a spending caps deal is to everybody’s advantage. Everybody. The president, the Senate, the House, both parties. We expect those talks to resume, and we’re hopeful we’ll be able to reach an agreement so we can have some kind of ordinary process that could fund the government of the United States. So, I remain optimistic,” McConnell told reporters last week.

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