Officials in Wisconsin on Monday informed Foxconn, the Taiwan-based company that pledged to create 13,000 jobs across the state, that it has missed employment targets necessary for being approved for state tax credits for the second year in a row.

Reuters reported that Wisconsin officials informed Foxconn representatives in a letter that the company did not employ enough full-time employees in 2019 at its Mount Pleasant facility to be eligible for the credits.

“Once Foxconn is able to provide more accurate details of the proposed project, such as its size, scope, anticipated capital investment, and job creation, WEDC [Wisconsin Economic Development Corporation] would be able to offer support for the project with tax incentives,” wrote a state official, according to Reuters.

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Foxconn responded to the news outlet, calling Wisconsin’s statement a “disappointment and a surprise that threatens good faith negotiations” with state officials in the future.

President TrumpDonald John TrumpTwo ethics groups call on House to begin impeachment inquiry against Barr Trump relishes return to large rallies following COVID-19 diagnosis McGrath: McConnell ‘can’t get it done’ on COVID-19 relief MORE, who had trumpeted the factory’s initial announcement in 2017, personally intervened and spoke with the company’s chairman in early 2019 after Foxconn said it was rethinking plans to build the factory.

The company later announced that it would go forward with the facility’s development as planned, but it has failed to create as many jobs as it originally promised.

“We have undertaken the evaluation while simultaneously seeking to broaden our investment across Wisconsin far beyond our original plans to ensure the company, our workforce, the local community, and the state of Wisconsin will be positioned for long-term success,” the company said at the time, prompting a tweet from Trump.

“Great news on Foxconn in Wisconsin after my conversation with Terry Gou!” the president wrote. 

Sen. Mark WarnerMark Robert WarnerHillicon Valley: Twitter tightens rules before election | Intelligence chief briefed lawmakers on foreign influence threats | Democrats launch inquiry into Pentagon’s moves on a national 5G network Senate Democrat raises concerns around Universal Health Services breach Hillicon Valley: Congressional antitrust report rips tech firms | Facebook tightens ban on QAnon content | Social media groups urged to weed out disinformation targeting minority voters MORE (D-Va.) on Friday raised concerns around a recent cyberattack on hospital chain Universal Health Services (UHS) that resulted in the data of millions of customers potentially being compromised. 

In a letter to UHS Chairman and CEO Alan Miller, Warner, who serves as vice chairman of the Senate Intelligence Committee, asked a series of questions in relation to a ransomware attack on UHS last month that crashed systems at hospital facilities across the nation. 

UHS has more than 400 facilities in the U.S. and United Kingdom, with more than 90,000 employees, and it has previously stressed that there is no evidence any data was stolen or accessed. NBC News reported last week that the incident had the potential to be one of the largest cyberattacks on the medical sector in U.S. history. 

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“I write you with grave concerns about United Health Services’ digital medical records and clinical healthcare operations succumbing to an apparent ransomware attack,” Warner wrote to Miller. “As one of the nation’s largest medical facility operators with 3.5 million patient visits a year, it is imperative that medical care is provided to all patients without any interruption or disturbance created by inadequate cybersecurity.”

Warner noted that “while initial reports suggest that the attackers did not access patient or employee data, an incident such as this sharply highlights the need to ensure adequate cybersecurity hygiene in a healthcare setting.”

The cyberattack took place in the midst of the COVID-19 pandemic, which has placed huge stress on health care groups around the world, with Warner noting that the attack on UHS “only exacerbates the consequences of insufficient cybersecurity.”

Warner asked Miller and UHS to respond to a series of questions around the attack within two weeks, including asking him to detail the company’s cybersecurity and risk management protocols and whether UHS has paid the ransom to the hackers. 

“Patients deserve to know that healthcare systems are secure, particularly as the nation faces a pandemic straining resources nationwide,” Warner wrote. “When a cybersecurity failure occurs, patients need reassurance that their healthcare provider is committed to learning from and responding to this truly concerning incident, and that it is taking all appropriate steps to help ensure it cannot happen again.”

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UHS did not respond to The Hill’s request for comment on the letter. 

The health care company put out a statement last month acknowledging the attack and emphasizing that as of Sept. 29, the company had “no evidence that patient or employee data was accessed, copied or misused.”

“The Company has implemented extensive information technology security protocols and is working diligently with its security partners to restore its information technology operations as quickly as possible,” UHS said. 

“In the meantime, while this matter may result in temporary disruptions to certain aspects of our clinical and financial operations, our acute care and behavioral health facilities are utilizing their established back-up processes including offline documentation methods,” it added. “Patient care continues to be delivered safely and effectively.”

Cyber criminals and nation state hackers have increasingly zeroed in on the health care sector during the COVID-19 pandemic, with ransomware attacks, which involve a hacker accessing and encrypting a system and demanding payment to reinstate access, becoming a major concern.

A ransomware attack on a German hospital last month was tied to the death of a woman, whose life-saving treatment was delayed when she was forced to be diverted to a hospital 20 miles away due to the attack crashing systems at the first hospital, according to The Associated Press.

Organizations involved in COVID-19 vaccine development and research have also been targeted. 

The FBI and the Department of Homeland Security’s Cybersecurity and Infrastructure Development Agency put out an alert in May warning that Chinese government-backed hackers were targeting these groups. Russian and Iranian hackers have also been involved in these efforts. 

Happy Wednesday and welcome to Overnight Defense. I’m Rebecca Kheel, and here’s your nightly guide to the latest developments at the Pentagon, on Capitol Hill and beyond. CLICK HERE to subscribe to the newsletter.

THE TOPLINE: President TrumpDonald John TrumpTwitter CEO calls blocking New York Post article without explanation ‘unacceptable’ Michael Cohen writing second book on Trump administration’s Justice Department As Trump downplayed the virus publicly, memo based on private briefings sparked stock sell-offs: NYT MORE is getting pushback from a famed Navy SEAL after amplifying baseless conspiracy theories about the raid that killed Osama bin Laden.

Robert O’Neill, the former SEAL who has publicly said he killed bin Laden in the 2011 raid ordered by former President Obama, called Trump out in a series of tweets for promoting the conspiracy theory that it was a bin Laden body double who was killed and not the terrorist leader.

“Very brave men said goodby [sic] to their kids to go kill Osama bin Laden. We were given the order by President Obama. It was not a body double,” O’Neill, a Trump supporter, tweeted Tuesday evening. 

“Shit. I just found out that I killed Osama bin Johnson. Drinks are on me, I guess…” he wrote in another tweet.

What Trump did: Earlier that evening, Trump retweeted an account linked to the QAnon conspiracy theory that promoted the unfounded allegation that bin Laden still lives.

The account has since been suspended, but Trump on Wednesday also retweeted a video pushing baseless claims about bin Laden’s death.

The White House did not immediately respond to a request for comment.

Top Dem weighs in: Sen. Jack ReedJohn (Jack) Francis ReedOvernight Defense: Famed Navy SEAL calls Trump out | Yemen’s Houthi rebels free two Americans | Marines fire commander after deadly training accident Trump slight against Gold Star families adds to military woes Dems to focus on issues, not character, at Barrett hearings MORE (R.I.), the top Democrat on the Senate Armed Services Committee, framed Trump’s retweets as another example of the president disrespecting the military.

“Pres Trump must stop spreading false conspiracy theories,” Reed tweeted Wednesday. “Questioning the brave special operators who conducted the bin Laden raid undermines America and is disrespectful to the entire U.S. military & diminishes the sacrifices our service members make.”

Election nexus: Trump has increasingly attacked Democratic presidential nominee Joe BidenJoe BidenTwitter CEO calls blocking New York Post article without explanation ‘unacceptable’ Cheers erupt as Trump puts on MAGA hat, takes off tie at Iowa rally Hillicon Valley: Twitter lacked adequate cybersecurity protection ahead of July hacks, regulator says | Twitter, Facebook clamp down on New York Post article about Hunter Biden | YouTube bans COVID-19 vaccine misinformation MORE over the bin Laden raid, questioning the former vice president’s leadership and instincts.

Trump’s attacks draw on reports that Biden was hesitant over the raid, which gained traction in 2015 as Biden was considering whether to run in the 2016 presidential race. Former Secretary of State Hillary ClintonHillary Diane Rodham ClintonOvernight Defense: Famed Navy SEAL calls Trump out | Yemen’s Houthi rebels free two Americans | Marines fire commander after deadly training accident Trump hits road in scramble to shore up support from 2016 Trump campaign adviser: Republicans should expect ‘game day attendance’ in Florida on Election Day MORE’s campaign and her allies highlighted the fact that Clinton had backed Obama in ordering the strike against bin Laden while Biden, they underscored, was on the other side.

 

AMERICANS FREED FROM YEMEN: Two Americans held hostage by Houthi rebels in Yemen have been released as part of a U.S.-backed deal that includes more than 200 of the group’s loyalists returning to the war-torn country, the Trump administration confirmed Wednesday.

In addition to the two freed Americans, the remains of a third are also being sent back to the United States under the agreement, which was negotiated between Oman and the Houthis.

“The United States welcomes the release today of U.S. citizens Sandra Loli and Mikael Gidada from Houthi custody in Yemen,” national security adviser Robert O’Brien said in a statement. “We send our condolences to the family of Bilal Fateen, whose remains will be repatriated as well. We extend our sincerest thanks to Sultan Haitham bin Tariq of Oman and King Salman of Saudi Arabia for their efforts to secure the release of our citizens.”

The war: The United States has supported a Saudi-led coalition’s war against Iran-backed Houthi rebels in Yemen since 2015.

U.S. support, which includes weapons sales, intelligence and other military aid, has been increasingly opposed by lawmakers in both parties as coalition airstrikes have killed thousands of civilians.

But the Trump administration has seen support for the Saudis as a key part of its so-called maximum pressure campaign against Iran.

U.N.-led peace talks have made some halting progress, including a prisoner exchange last month, but fighting has flared anew.

The politics: Trump has sought to portray freeing American hostages as one of his strong suits as the election approaches, and Wednesday’s news gives him another example to point to.

During this summer’s Republican National Convention, Trump appeared in a video with six American hostages freed during his tenure, claiming they were among 50 released from 22 countries during his administration.

The video mostly garnered attention for Trump’s praise of Turkish strongman President Recep Tayyip Erdoğan during a conversation with Andrew Brunson, who had been held by Erdogan’s government for two years.

 

MARINES FIRE COMMANDER AFTER DEADLY TRAINING ACCIDENT: The Marine Corps has fired a commanding officer after nine service members were killed when the amphibious assault vehicle they were in sank off the coast of Southern California during a training exercise.

Lt. Col. Michael Regner, commanding officer of Battalion Landing Team, 1st Battalion, 4th Marine Regiment was relieved “due to a loss of trust and confidence in his ability to command as a result of the assault amphibious vehicle mishap” on July 30, according to a service statement released Tuesday night.

Lt. Gen. Karsten Heckl, the commanding general of the I Marine Expeditionary Force, relieved Regner after an investigation “compiled a substantial amount of information and data which formed the basis” for his decision, the statement added.

The investigation is still ongoing.

Background: The firing comes months after the fatal training accident, which involved the 15th Marine Expeditionary Unit, based out of Camp Pendleton near San Diego. Eight Marines and one Navy sailor were killed when their vehicle sank in 385 feet of water off the coast of San Clemente Island.

Of the 16 men on board at the time, eight were able to escape — two of whom were injured and one was pronounced dead at the scene.

The remains of the other eight service members were recovered a week later.

 

ON TAP FOR TOMORROW

Defense Secretary Mark EsperMark EsperOvernight Defense: Famed Navy SEAL calls Trump out | Yemen’s Houthi rebels free two Americans | Marines fire commander after deadly training accident China’s Xi tells troops to focus on war preparations Overnight Defense: National Guard says no federal requests for election security help | Dems accuse VA head of misusing resources | Army official links COVID-19 to troop suicides MORE will speak at the virtual 2020 Association of the U.S. Army Annual Meeting at 10 a.m.

Esper will speak at a virtual event hosted by the Heritage Foundation at 1 p.m.

Defense Security Cooperation Agency Director Heidi Grant will speak at a Middle East Institute Defense Leadership Series webinar at 1 p.m.

 

ICYMI

– The Hill: Pompeo: US committed to Saudi Arabia to deter Iran

– The Hill: Bolton: North Korea ‘more dangerous now’

– The Hill: Russia shuts down Trump admin’s last-minute push to strike nuclear arms deal before election

– The Hill: Opinion: A world without alliances

– Reuters: North Korea’s nuclear, missile programs ‘serious threat’ to security: Pentagon chief

– Washington Post: Protester files claim against D.C. National Guard, saying she was injured by low-flying helicopter during Floyd protest

– Foreign Policy: Trump’s foreign policy adventures haven’t all flopped

– Bloomberg: Trump demands a plan to withdraw U.S. troops from Somalia

Dozens of scientists and public health organizations warned in open letters this week against a “herd immunity” strategy being endorsed by top officials at the White House, calling it dangerous and deadly. 

A senior Trump administration official during a call with reporters Monday organized by the White House praised the so-called Great Barrington Declaration, a proposal by a small group of doctors that calls for quickly reaching herd immunity by letting COVID-19 spread uncontrolled among the young and healthy population while protecting the vulnerable. The three doctors behind the declaration met with Health and Human Services Secretary Alex Azar last week to discuss the declaration, as first reported by The Hill.

Those developments have alarmed public health experts, scientists and doctors, who were shocked the Trump administration would seemingly endorse a fringe idea they say would lead to more suffering and death. 

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“If followed, the recommendations in the Great Barrington Declaration would haphazardly and unnecessarily sacrifices lives,” 14 public health groups, including the Trust for America’s Health and the American Public Health Association, wrote in an open letter Thursday.

“The declaration is not a strategy, it is a political statement. It ignores sound public health expertise. It preys on a frustrated populace. Instead of selling false hope that will predictably backfire, we must focus on how to manage this pandemic in a safe, responsible, and equitable way.” 

The Great Barrington Declaration argues that lockdowns “are producing devastating effects on short and long-term public health,” including fewer cancer screenings, lower childhood vaccination rates and deteriorating mental health.

“The most compassionate approach that balances the risks and benefits of reaching herd immunity, is to allow those who are at minimal risk of death to live their lives normally to build up immunity to the virus through natural infection, while better protecting those who are at highest risk,” the declaration reads. “We call this Focused Protection.”

Martin Kulldorff, a professor at Harvard; Sunetra Gupta, a professor at Oxford; and Jay Bhattacharya, a professor at Stanford, all of whom are epidemiologists studying infectious diseases, were invited to a meeting last week with Azar and Scott Atlas, an adviser to Trump on whom other experts have cast doubt for his statements about COVID-19, including his endorsement of herd immunity. 

Public health experts generally acknowledge the negative impact of the restrictions and agree that a better balance must be found between protecting public health and helping the economy, especially with regards to children who have been kept out of school.

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But the groups argued that allowing COVID-19 to spread uncontrollably is not the right answer and would lead to unnecessary deaths, illness and hospitalizations, even if the U.S. attempted to isolate vulnerable people from the rest of the population while the virus spreads.  

“This notion is dangerous because it puts the entire population, particularly the most vulnerable, at risk. Young people are not all healthy and they don’t live in vacuums,” the groups wrote. 

“They interact with family members, co-workers and neighbors. Inviting increased rates of COVID-19 in young people will lead to increased infections rates among all Americans.”

The groups did not endorse “lockdowns” to fight COVID-19, measures that were taken in the early days of the pandemic to slow the spread. Experts generally now support wearing masks, social distancing and, when needed, temporarily closing or limiting capacity at businesses or facilities in areas where COVID-19 spread is increasing. 

“Combatting the pandemic with lockdowns or full reopening is not a binary, either/or choice,” the groups wrote. 

The Great Barrington Declaration does not mention mask-wearing or social distancing, which most experts say are keys to safely reopening the economy, because the point of the strategy is to let the virus spread unchecked among younger, healthier people.  

“Public health guidance and requirements related to masking and physical distancing are not an impediment to normalcy — they are the path to a new normal,” the groups wrote. 

In a separate letter published in The Lancet medical journal Wednesday, dozens of scientists, researchers and doctors made similar arguments, noting the risk to the entire population if the virus is allowed to spread among young people and that there is no evidence that infection leads to long-lasting immunity. 

“Proponents suggest this would lead to the development of infection-acquired population immunity in the low-risk population, which will eventually protect the vulnerable,” the letter reads. 

“This is a dangerous fallacy unsupported by scientific evidence.” 

The “John Snow Memorandum” goes on to state that such a strategy would risk “significant morbidity and mortality,” threaten to overwhelm health care systems and harm the economy and health care workers.

Isolating the “vulnerable” is also “practically impossible and highly unethical,” the letter states.

“Empirical evidence from many countries shows that it is not feasible to restrict uncontrolled outbreaks to particular sections of society.”

Thailand on Thursday declared a state of emergency in its capital of Bangkok after tens of thousands of people gathered to protest the country’s monarchy rule. 

The Associated Press reported that police made 22 arrests at demonstrations Wednesday as they cleared out crowds that had gathered outside of Prime Minister Prayuth Chan-ocha’s office to push their demands, including the former general’s resignation, constitutional changes and reform of the monarchy.

Multiple top protest leaders were taken into custody, with one writing on Facebook later that he was being transported to a northern city and was denied access to a lawyer, according to the AP. 

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The government’s emergency order stated it was necessary because “certain groups of perpetrators intended to instigate an untoward incident and movement in the Bangkok area by way of various methods and via different channels, including causing obstruction to the royal motorcade,” according to the AP. 

Despite the new ban on gatherings of five or more people, thousands of people gathered in another area of the city to continue their demonstrations Thursday. 

“Like dogs cornered, we are fighting till our deaths,” Panupong “Mike Rayong” Jadnok, one the high-profile protest leaders, told the crowd Thursday, according to Reuters. “We won’t fall back. We won’t run away. We won’t go anywhere.” 

In response to Thursday’s protests, police spokesman Kissana Phathanacharoen told Reuters, “the people who came know that there is a ban against public gathering of five or more,” adding that authorities will “take things step by step.” 

Wednesday’s demonstrators, who gathered on the anniversary of a 1973 student-led uprising against a military dictatorship, faced clashes with royalist counter protesters who aimed to show support for the government and to greet the royal family as they traveled to and from a religious ceremony in the area.

As a royal motorcade attempted to travel through, protestors shouted and gestured within feet of the motorcade, defying normal practices of sitting on the ground or prostrating as a royal motorcade passes. 

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King Maha Vajiralongkorn and other key members of the royal family have traditionally been protected by a law that guarantees up to 15 years in prison for those who insult the monarchy. 

Reuters noted that while the majority of protests held in the country over the past three months have been peaceful, police pushed protestors away from a motorcade carrying Queen Suthida in one incident. 

Thursday’s order comes in addition to a state of emergency declaration in response to the coronavirus pandemic. According to Thailand’s Department of Disease Control, there were 3,665 newly confirmed cases of COVID-19 on Thursday, bringing the country’s total to 463,979 infections.

Happy Wednesday and welcome back to On The Money. I’m Sylvan Lane, and here’s your nightly guide to everything affecting your bills, bank account and bottom line.

See something I missed? Let me know at slane@thehill.com or tweet me @SylvanLane. And if you like your newsletter, you can subscribe to it here: http://bit.ly/1NxxW2N.

Write us with tips, suggestions and news: slane@thehill.com, njagoda@thehill.com and nelis@thehill.com. Follow us on Twitter: @SylvanLane, @NJagoda and @NivElis.

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THE BIG DEAL—Mnuchin says COVID-19 relief before election ‘would be difficult’: Treasury Secretary Steven MnuchinSteven Terner MnuchinOn The Money: Mnuchin says COVID-19 relief before election ‘would be difficult’ | Gender employment gap widens with start of virtual school year | Warren rips Disney over layoffs, executive pay Owners of meatpacker JBS to pay 0M fine over foreign bribery charges Mnuchin says COVID-19 relief before election ‘would be difficult’ MORE on Wednesday cast doubt on the prospects of getting a fifth COVID-19 relief package deal approved before Election Day.

“I’d say at this point getting something done before the election and executing on that would be difficult,” he said at the Milken Institute Global Conference.

• Mnuchin has been negotiating a deal with Speaker of the House Nancy PelosiNancy PelosiOn The Money: Mnuchin says COVID-19 relief before election ‘would be difficult’ | Gender employment gap widens with start of virtual school year | Warren rips Disney over layoffs, executive pay Videos show conservative activists discussing limiting mail-in voting: report Michigan Republican isolating after positive coronavirus test MORE (D-Calif.) for months, and most recently upped the White House offer to $1.8 trillion, closer to the latest Democratic ask of $2.2 trillion.
• Mnuchin said the two spoke for an hour earlier Wednesday morning, and that he spent an additional two hours speaking with White House chief of staff Mark MeadowsMark Randall MeadowsOn The Money: Mnuchin says COVID-19 relief before election ‘would be difficult’ | Gender employment gap widens with start of virtual school year | Warren rips Disney over layoffs, executive pay Mnuchin says COVID-19 relief before election ‘would be difficult’ Trump tells Congress to ‘go big or go home’ on coronavirus stimulus MORE and Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellOn The Money: Mnuchin says COVID-19 relief before election ‘would be difficult’ | Gender employment gap widens with start of virtual school year | Warren rips Disney over layoffs, executive pay Overnight Health Care: Barrett signals ObamaCare could survive mandate being struck down | CDC warns small gatherings fueling COVID spread | Judge blocks Wisconsin capacity limits Amy Coney Barrett hearing reveals Senate’s misplaced priorities MORE (R-Ky.).
• A Pelosi spokesman said the talks were “productive,” but that key disagreements remained over language on a national COVID-19 testing plan.

The Hill’s Niv Elis has more here.

The road from here: Mnuchin suggested that the policy questions in the bill remained a significant hurdle, and reiterated calls for smaller, stand-alone bills dealing with individual issues.

“I don’t agree with the Speaker’s approach that we have to do all or nothing,” Mnuchin said He added that securing and executing a deal before the elections “would be difficult just given where we are and the level of detail.”

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But Pelosi and House Democratic leaders have insisted on a large comprehensive package despite Mnuchin’s suggestions for smaller bills and resistance among Senate Republicans to a measure as big as the White House has offered. Mike Lillis has more on that here.

LEADING THE DAY

Gender employment gap widens with start of virtual school year: Women dropped out of the labor force in staggeringly high numbers last month, underscoring how female workers have disproportionately borne the economic brunt of the pandemic, in large part because of changes to child care and schooling.

• The September jobs report released earlier this month found that 865,000 women dropped out of the labor force, compared to just 216,000 men.
• The disparity threatens to set back decades of progress in closing workplace gender gaps and hinder the overall recovery from the coronavirus recession.
• One of the main reasons, experts say, is due to child care.

“Because so many families with children are struggling to address care issues, it’s created a great burden on parents, and that burden is disproportionately high on women,” said Heather Boushey, president and CEO of the Washington Center for Equitable Growth.

“We know from all the data that women have a disproportionate responsibility for care at home, and what that means is that as COVID has happened, it can make it incredibly difficult to do their jobs from home,” she added.

Niv breaks down the issue here.

Warren rips Disney over layoffs amid reported restoration of executive pay: Sen. Elizabeth WarrenElizabeth WarrenOn The Money: Mnuchin says COVID-19 relief before election ‘would be difficult’ | Gender employment gap widens with start of virtual school year | Warren rips Disney over layoffs, executive pay Warren rips Disney over layoffs amid reported restoration of executive pay Elizabeth Warren calls Trump a ‘chicken’ for not doing second presidential debate MORE (D-Mass.) called for answers on Wednesday on Disney laying off 28,000 workers while reportedly restoring the salaries of its senior executives during the coronavirus pandemic.

• Disney said last month that it plans to lay off the employees due to the lack of attendance at its parks around the world. 
• Warren, however, noted in a letter to Disney Executive Chairman Bob Iger and CEO Bob Chapek that the company said it would restore the paychecks of executives to pre-COVID-19 levels in August. 

“I would like to know whether Disney’s financial practices have impacted the company’s decision to lay off workers and whether your company plans to extend health care or other critical benefits and protections to laid off employees,” the senator wrote.

She added that the company has invested in compensation packages, dividend payments and stock buybacks in recent years for executives and stockholders, “all of which weakened Disney’s financial cushion and ability to retain and pay its front-line workers amid the pandemic.”

The Hill’s Alex Gangitano has more here.

GOOD TO KNOW

• President TrumpDonald John TrumpTwitter CEO calls blocking New York Post article without explanation ‘unacceptable’ Michael Cohen writing second book on Trump administration’s Justice Department As Trump downplayed the virus publicly, memo based on private briefings sparked stock sell-offs: NYT MORE in a new interview said he will “stand with” third quarter economic data set to be released ahead of Election Day, tying himself closely to the announcement as he seeks a bounce before Nov. 3.
• The Brazilian parent company of meatpacking conglomerate JBS SA has agreed to pay more than $280 million in fines to the Justice Department and Securities and Exchange Commission (SEC) to settle charges it violated federal anti-corruption laws.
• The U.S. unemployment rate will not reach pre-pandemic levels until 2024, according to economists at S&P Global Ratings.
• And Federal Reserve Board Vice Chairman Richard Clarida said Wednesday that it could take the U.S. economy years to fully recover from the coronavirus pandemic.

ODDS AND ENDS

• Walmart will spread Black Friday deals in its stores across three weekends in November in an effort to reduce crowds during the coronavirus pandemic while offering other sales online.
• Op-Ed: Emily Martin, a vice president at the National Women’s Law Center, discusses “COVID-19 and the disappearance of millions of working women”

HAPPY TUESDAY! Welcome to Overnight Energy, The Hill’s roundup of the latest energy and environment news. Please send tips and comments to Rebecca Beitsch at rbeitsch@thehill.com. Follow her on Twitter: @rebeccabeitsch. Reach Rachel Frazin at rfrazin@thehill.com or follow her on Twitter: @RachelFrazin.

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BRANCHING OUT: President TrumpDonald John TrumpLabor secretary’s wife tests positive for COVID-19 Russia shuts down Trump admin’s last-minute push to strike nuclear arms deal before election Trump makes appeal to suburban women at rally: ‘Will you please like me?’ MORE on Tuesday signed an executive order involving the federal government in a global tree planting initiative that already has private sector participation in the U.S.

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The executive order creates a council that’s in charge of “developing, coordinating, and promoting Federal Government interactions with the Initiative with respect to tree growing, restoration, and conservation.”

The council will also create methods to track and measure the number of trees planted, conserved or restored and address any laws and regulations that get in the way of these actions. 

“On January 21, 2020, I announced that to further protect the environment, the United States would be joining the World Economic Forum’s One Trillion Trees initiative… an ambitious global effort to grow and conserve one trillion trees worldwide by 2030,” the executive order said. 

“Following through on my commitment, and given the expansive footprint of our Federal forests and woodlands, this order initiates the formation of the United States One Trillion Trees Interagency Council to further the Federal Government’s contribution to the global effort,” it continued. 

The order did not specify how many trees the federal government would seek to grow or conserve. 

The Trump administration has touted its decision to join the World Economic Forum’s Trillion Trees Initiative, which plans to grow, restore and conserve that many trees across the globe, as an action it has taken to better the environment. 

However, it has also taken steps to reduce restrictions on the timber industry cutting down trees. 

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It has proposed, for example, opening up a previously protected 9.37 million acre area of the Tongass National Forest to logging. That forest is a major carbon sink, meaning its trees soak up carbon from the atmosphere, lessening the impacts of climate change.

Scientists have said planting trees can help but that it isn’t a panacea and that the U.S. will also have to significantly reduce its emissions to mitigate climate change impacts. 

The new council will be chaired by Agriculture Secretary Sonny PerdueGeorge (Sonny) Ervin PerdueOvernight Defense: National Guard says no federal requests for election security help | Dems accuse VA head of misusing resources | Army official links COVID-19 to troop suicides OVERNIGHT ENERGY: Trump creates federal council on global tree planting initiative | Green group pushes for answers on delayed climate report | Carbon dioxide emissions may not surpass 2019 levels until 2027: analysis Trump creates federal government council on global tree planting initiative MORE, Interior Secretary David Bernhardt, Trump’s economic advisor Larry KudlowLarry KudlowMORE and and Deputy Chief of Staff Christopher LiddellChristopher Pell LiddellMORE. 

Other council members are presidential advisers Ivanka TrumpIvana (Ivanka) Marie TrumpOVERNIGHT ENERGY: Trump creates federal council on global tree planting initiative | Green group pushes for answers on delayed climate report | Carbon dioxide emissions may not surpass 2019 levels until 2027: analysis Trump creates federal government council on global tree planting initiative Kardashian West uses star power to pressure US on Armenia-Azerbaijan conflict MORE and Jared KushnerJared Corey KushnerOVERNIGHT ENERGY: Trump creates federal council on global tree planting initiative | Green group pushes for answers on delayed climate report | Carbon dioxide emissions may not surpass 2019 levels until 2027: analysis Trump creates federal government council on global tree planting initiative Kardashian West uses star power to pressure US on Armenia-Azerbaijan conflict MORE, and several cabinet members including Secretary of State Mike PompeoMichael (Mike) Richard PompeoOvernight Defense: National Guard says no federal requests for election security help | Dems accuse VA head of misusing resources | Army official links COVID-19 to troop suicides OVERNIGHT ENERGY: Trump creates federal council on global tree planting initiative | Green group pushes for answers on delayed climate report | Carbon dioxide emissions may not surpass 2019 levels until 2027: analysis Human rights groups raise alarm after China, Russia, others elected to UN body MORE, Treasury Secretary Steven MnuchinSteven Terner MnuchinOn The Money: Pelosi, citing ‘leverage’ over Trump, holds strong to .2T in COVID-19 aid | McConnell to force vote on ‘targeted’ relief bill next week | Trump again asks court to shield tax records Pelosi spars with CNN’s Blitzer over COVID-19 aid: ‘You really don’t know what you’re talking about’ OVERNIGHT ENERGY: Trump creates federal council on global tree planting initiative | Green group pushes for answers on delayed climate report | Carbon dioxide emissions may not surpass 2019 levels until 2027: analysis MORE, Defense Secretary Mark EsperMark EsperOvernight Defense: National Guard says no federal requests for election security help | Dems accuse VA head of misusing resources | Army official links COVID-19 to troop suicides OVERNIGHT ENERGY: Trump creates federal council on global tree planting initiative | Green group pushes for answers on delayed climate report | Carbon dioxide emissions may not surpass 2019 levels until 2027: analysis Esper ducks questions on military involvement in election MORE, EPA Administrator Andrew WheelerAndrew WheelerOVERNIGHT ENERGY: Trump creates federal council on global tree planting initiative | Green group pushes for answers on delayed climate report | Carbon dioxide emissions may not surpass 2019 levels until 2027: analysis Trump creates federal government council on global tree planting initiative OVERNIGHT ENERGY: Democrats allege EPA plans to withhold funding from ‘anarchist’ cities | Montana asks court to throw out major public lands decisions after ousting BLM director | It’s unknown if fee reductions given to oil producers prevented shutdowns MORE and Education Secretary Betsy Devos. 

A total of 26 companies, cities and nonprofit organizations announced in August that they too would participate in the program, with the goal of planting or conserving 855 million trees by 2030.

Read more about the newly created council here. 

ASSESSING THE ASSESSMENT: A conservation group is seeking documents from the Trump administration to explain why the Fifth National Climate Assessment has already been delayed.

The report, released every four years, often paints a dire picture while summarizing the breadth of science on climate change. 

Though due in 2022, the website for the report already anticipates delivery by the end of 2023.

Critics have said they are concerned the administration may be intentionally delaying the report following an article in E&E News last week that the administration had not yet put out a call for the researchers who help draft the assessment.

“Refusing to take the basic steps to prepare the next Climate Assessment is outrageous and dangerous,” Howard Crystal, a senior attorney at the Center for Biological Diversity, said in a release.

“We can’t prepare for the droughts, floods, fires and hurricanes to come unless we understand how climate change is affecting our country. Congress set a strict four-year timetable for these reports precisely because timely information related to climate change is so important, and the agency must move forward to comply.”

The White House did not respond to request for comment, nor did the Department of Commerce, which ultimately oversees the report.

The climate assessments have been delayed in the past.

In 2017 the Trump administration disbanded an Obama-era committee designed to help aid in the creation of the 2018 Fourth National Climate Assessment.

The Center sued when the administration initially refused to release documents after a Freedom of Information Act request about the decision. Once the documents came out the next year, records showed the administration found fault with the advisory committee for only containing one member from industry. 

The report was released the day after Thanksgiving, timing the Center called “an apparent effort to downplay its grave assessment of accelerating climate change and its perils.”

The Second National Climate Assessment was also delayed under the George W. Bush administration, which missed deadlines in 2004 and 2006.

Read more about the push for documents here.

EMISSIONS CONDITIONS: Global carbon dioxide emissions are expected to increase after the pandemic, but may not exceed 2019 levels until 2027, according to a projection from the International Energy Agency (IEA). 

The IEA, which pushes for a “sustainable energy future,” projects a 7 percent drop in energy-related carbon dioxide emissions in 2020 amid reductions in fossil fuel use.

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The analysis predicted a decline in annual CO2 emissions to where they were a decade ago. However, it says there “may not have been” a similar fall in emissions of methane, a more powerful greenhouse gas. 

Under an IEA model based on today’s current energy policies in which the pandemic comes under control in 2021, the global economy will return to its pre-pandemic level in 2021 and energy demand will return by early 2023, but emissions won’t exceed 2019 levels until 2027. 

Energy demand will recover faster than the rate of emissions because renewables will make up a greater share of the market, while the use of coal will decline, according to the model. 

In 2020, the report estimates that global energy demand will drop by 5 percent and energy investment will drop by 18 percent. 

Specifically, demand for oil is expected to drop 8 percent while coal use is expected to drop 7 percent. Natural gas demand is slated to drop 3 percent while renewables grow slightly. 

In the long term, the report projects that under this scenario coal will remain about 8 percent lower than pre-coronavirus levels through 2030, while oil demand is expected to recover by 2023 but plateau after 2030.

It projects that natural gas will increase by 14 percent over 2019 levels by 2030. 

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While the slowdown in emissions increases may contribute less to climate change, the world will likely need to reduce emissions to mitigate global warming.

The report notes that decisions made over the next decade “will play a critical role in determining the pathway” to reach net-zero emissions by 2050.

Read more about the analysis here. 

THE LATEST FROM PENDLEY: Embattled Bureau of Land Management official William Perry Pendley told a Wyoming public radio station he has not been “ousted” from his job at the agency despite a court ruling saying he illegally served as its acting director.

The Friday interview was distributed by BLM’s press office Tuesday evening, couched as a way to “correct the record” after Pendley garnered attention in an interview with another outlet saying the court ruling “has no impact, no impact whatsoever” on his role within the department.

“If there’s something that needs action by the director of the Bureau of Land Management, I won’t be doing that,” Pendley said in an interview he requested with Wyoming Public Media the next day. 

“The judge said I can’t do that. And so, I won’t be doing that.”

A Montana-based U.S. District Court judge ruled last month that Pendley “served unlawfully … for 424 days,” giving the Department of the Interior 10 days to justify why it shouldn’t throw out many of the decisions Pendley has made during his tenure.

Read more about what he had to say here. 

ENVIRO LAW MAKES A CAMEO IN THE ACB HEARING: During the second day during the politically-charged confirmation hearing for Amy Coney Barrett’s nomination for the Supreme Court, Sen. Joni ErnstJoni Kay ErnstHarris raises alarm on abortion rights while grilling Barrett OVERNIGHT ENERGY: Trump creates federal council on global tree planting initiative | Green group pushes for answers on delayed climate report | Carbon dioxide emissions may not surpass 2019 levels until 2027: analysis Dem groups fund M ad buy attacking Ernst on Social Security MORE (R-Iowa) invoked environmental issues to ask the nominee for her views on administrative rulemaking. She specifically discussed cases involving what can be defined as a federal body of water and renewable fuel standard (RFS) waivers, which give exemptions to requirements for a certain amount of ethanol to be blended into fuel. 

“You helped decide a Clean Water Act case, specifically Orchard Hill Building Company v. Army Corps of Engineers. The decision found that the federal government did not provide enough evidence to justify its decision to deem 13 acres of Illinois wetlands as a Water of the U.S. I am very encouraged by how you approached this decision,” the senator said. 

Ernst, who has been an outspoken opponent of renewable fuel waivers, also asked about a recent court decision that vacated RFS waivers the EPA granted to oil refiners. 

“They took the law that congress passed, they twisted it, and interpreted for the benefit of oil producers, and that harmed our Iowa farmers. I know, again, you cannot speak on how you would rule on these cases, especially those that could be pending before the supreme court, but tell me — how do agencies, how should they interpret the laws that are passed by Congress?”she asked. 

Barrett responded: “When a court reviews whether an agency has exceeded its lawful authority, it goes to the statute that you, in Congress, enact, and interprets that statute, looks at the text, and tries to tell whether you’ve given the agency…leeway to adopt policies, and that leeway would be present if you had ambiguity in the statute that left the decision to the agency, but if the agency goes farther than the text that the statute permits,then  it is the role of the court to say that that action was in conflict with the statute, and therefore illegal.”

OUTSIDE THE BELTWAY:

P&G Shareholders Vote in Favor of a Deforestation Report, Bloomberg reports

Environmentalists and Dam Operators, at War for Years, Start Making Peace, The New York Times reports

Fifth of countries at risk of ecosystem collapse, analysis finds, The Guardian reports

ICYMI: Stories from Tuesday…

Radiation elevated at fracking sites, researchers find

Green group pushes for answers on delayed climate report

Trump creates federal government council on global tree planting initiative

Carbon dioxide emissions may not surpass 2019 levels until 2027: analysis

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A supervisor of two Army reservists who appeared in uniform at the Democratic National Convention will be disciplined, but not the soldiers themselves.

Army Reserve spokesman Lt. Col. Simon Flake confirmed to The Hill on Friday the disciplinary action following an investigation into the incident. The Military Times first reported the news.

“The investigation determined the two soldiers who appeared on television were not at fault,” Flake said in a statement. “The investigation found their supervisor violated a Department of Defense directive and an Army regulation that governs soldier political activities. The supervisor at fault will receive the appropriate level of disciplinary action for violating the governing standards.”

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He added that the Army Reserve “continues to provide all soldiers and civilian employees training and the latest information on DOD directives and Army policies pertaining to political activities.”

Flake did not elaborate on how the supervisor will be disciplined, nor if he or she is a civilian employee or member of the military.

In August, two unidentified soldiers from the 9th Mission Support Command based out of Hawaii stood behind the delegates from American Samoa as they nominated former Vice President Joe BidenJoe BidenBiden campaign raises over M on day of VP debate Experts predict record election turnout as more than 6.6 million ballots cast in early voting tally Trump-appointed global media chief sued over allegations of pro-Trump agenda MORE during the Democratic National Convention’s roll call. 

The image of the soldiers clad in camouflage raised immediate eyebrows as observers questioned whether they violated military rules against politicking while in uniform. At the time, Democratic officials called the composition of the shot an “oversight.”

The next day, the Army announced it was launching an investigation.

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The Republican National Convention a week later also stoked accusations of using troops for politics, but the Marine Corps at the time indicated it saw no policy violation.

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The Republican convention aired a video of a naturalization ceremony at the White House presided over by President TrumpDonald John TrumpBiden campaign raises over M on day of VP debate Trump chastises Whitmer for calling him ‘complicit’ in extremism associated with kidnapping scheme Trump says he hopes to hold rally Saturday despite recent COVID-19 diagnosis MORE. The video started by showing two active-duty Marines in uniform opening the door for Trump as he walked into the room.

The next day, the Marine Corps said the service members were acting in their official capacity, and the White House framed the ceremony as an official event from which the Trump campaign decided to use publicly available footage for the convention.

Amazon workers are planning demonstrations across the country to coincide with the two days of the e-commerce giant’s annual Prime Day sale, with workers protesting over health and safety concerns they argue have increased amid the coronavirus pandemic.

Workers and community members will hold a protest outside an Amazon fulfillment center in Shakopee, Minn., on Wednesday afternoon. Organizers said dozens are expected to attend, with protesters calling for the company to ease its rate requirements to allow workers the time they need to wash their hands and take other safety precautions.

“This is not fair. We are human beings. We need to be respected,” said Fadumo, a worker at Amazon’s delivery station in Eagan, Minn., who said she will be participating in Wednesday’s protest. Fadumo, who asked to be identified only by her first name, accused Amazon of having an unsafe work environment, especially amid the pandemic.

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In September, she said she was tested for the coronavirus after exhibiting symptoms. She said she was told to return to work while awaiting results for the virus despite the fact that she was symptomatic. Fadumo said she refused, as she not willing to risk the lives of more than 200 other workers, and then had to go about the process of obtaining letters to state that she would be in isolation.

A spokesperson for Amazon did not directly respond to Fadumo’s accusation that she was asked to return to work while she was symptomatic and awaiting COVID-19 results but defended the company’s safety policies put in place during the pandemic.

“We understand that some of our employees may want to join these events, and respect their rights to do so, but the fact is that Amazon provides much of what these groups are asking for – a safe work environment, industry-leading pay and competitive benefits,” an Amazon spokesperson said in a statement. 

“Since the onset of the pandemic we moved quickly to make more than 150 COVID-19 related process changes including supplying masks, gloves, thermal cameras, thermometers, disinfectant spraying in buildings, increased janitorial teams, additional handwashing stations, hand sanitizer, sanitizing wipes, and piloting COVID testing at many of our sites,” the spokesperson added.

While organizers of Wednesday’s protest are calling for more time for workers to wash their hands and take other safety precautions, the Amazon spokesperson said workers can also spend time outside their breaks to use the bathroom, wash their hands, get water or speak to a manager as needed.

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Amazon workers protested earlier this year over the company’s decision, starting in May, to end its unlimited unpaid time-off program during the pandemic. Workers say they additionally face greater risks of injury as demand increases during the annual Prime Day sale.

Injury rates reported at Amazon’s facilities have spiked during the weeks of Amazon’s Prime Day and Cyber Monday, according to internal data reported by Reveal last month.

“What we’re going to expect to see is exactly what has happened in past years — injury rates are going to spike,” said Stuart Appelbaum, president of the Retail, Wholesale and Department Store Union.

“Prime Day is not something that Amazon workers can celebrate, it’s something they need to dread because of the increased risk to them for injuries and exposure to the virus during this pandemic. It is outrageous. It’s wrong,” Appelbaum added.

More than 19,000 Amazon workers contracted COVID-19 during the pandemic, according to data revealed by the company earlier this month. The announcement was the first time the company publicly shared coronavirus case numbers among its more than 1.3 million front-line employees across the nation and came after mounting scrutiny, including an NBC News report detailing a lack of transparency in the company’s coronavirus response.

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Amazon said the 19,816 positive tests meant the rate of infection among employees was 42 percent lower than expected when compared with the “general population rate” in the U.S.

In addition to the protests Wednesday, a candlelight vigil is planned for Tuesday night outside Amazon CEO Jeff BezosJeffrey (Jeff) Preston BezosAmazon workers to protest on Prime Day citing safety concerns Microsoft CEO Satya Nadella to lead global CEO group Think tank founder discusses scope of U.S. inequality MORE’s home in Beverly Hills, Calif., to honor essential workers for Amazon who contracted the coronavirus. The vigil is being organized by the Warehouse Worker Resource Center, a nonprofit organization that aims to improve working conditions in the warehouse industry in Southern California. 

Bezos, the billionaire Amazon CEO, and his private residences have been frequent targets for demonstrators protesting the e-commerce giant. 

Last week, protesters rallied outside Bezos’s Beverly Hill home calling for higher pay for Amazon warehouse workers, CBS News reported. In August, protesters calling for higher wages set up a guillotine outside Bezos’s home in Washington, D.C.

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Germany has agreed to provide approximately $662 million dollars in economic aid to Holocaust survivors struggling during the coronavirus pandemic, according to the organization that negotiates compensation on behalf of those persecuted by the Nazis.

The New York-based Conference on Jewish Material Claims Against Germany, also known as the Claims Conference, announced on Wednesday that the payments will be going to approximately 240,000 survivors around the world, primarily in Israel, North America, the former Soviet Union and Western Europe.

Each of those survivors will receive two payments of 1,200 euros — approximately $1,400 — over the next two years, for an overall commitment of approximately 564 million euros ($662 million).

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“These increased benefits achieved by the hard work of our negotiation’s delegation during these unprecedented times, will help our efforts to ensure dignity and stability in survivors’ final years,” said Gideon Taylor, president of the Claims Conference. “We must meet the challenges of the increasing needs of survivors as they age, coupled with the new and urgent necessities caused by the global pandemic. It will always remain our moral imperative to keep fighting for every survivor.”

The Claims Conference, which negotiated the funds with the German government, said the funds will benefit tens of thousands of the poorest survivors alive. 

Many elderly Holocaust survivors suffer from medical issues stemming from having been deprived of proper nutrition when they were younger, The Associated Press reported.

“There’s this kind of standard response for survivors, that ‘we’ve been through worse, I’ve been through worse and if I survived the Holocaust, through the deprivation of food and what we had to go through, I’ll get through this,’”  Greg Schneider, executive vice president of the Claims Conference, told AP.

“But if you probe deeper you understand the depths of trauma that still resides within people,” he added.

AP noted that many have psychological issues stemming from persecution and the deaths of their loved ones at the hands of the Nazis.

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Many also live isolated lives on the poverty line, making pandemic-related expenses like masks and grocery deliveries devastating for their finances. 

“You’re teetering between making it every month,” he said. “Having to decide between food, medicine and rent.”

Schneider told the outlet that about 50 percent of Holocaust survivors in the United States live in Brooklyn borough of New York City, which was the epicenter of the U.S. outbreak earlier this year.

Negotiations with Germany also reportedly resulted in 30.5 million euros (approximately $36 million) over last year in funding for social welfare services for Holocaust survivors, according to the Claims Conference. The funds brings the total global allocation for 2021 for social welfare services funded by Germany to more than $653 million.

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The funding provides in-home care for more than 83,000 frail and vulnerable Holocaust survivors. The Claims Conference also assists 70,000 survivors with other vital services, including food, medicine, transportation to doctors and programs to alleviate social isolation.

The German government this year agreed to recognize 27 “open ghettos” in Bulgaria and Romania, enabling survivors who were in those places to also receive compensation payments.

Germany’s Foreign Ministry had no immediate comment on the negotiations.