President TrumpDonald TrumpBiden team says it’s ‘no surprise’ Supreme Court rejected Texas lawsuit Trump praises FDA approval of COVID-19 vaccine: ‘One of the greatest scientific accomplishments in history’ Giuliani says Trump team ‘not finished’ after Supreme Court defeat MORE on Friday evening signed a short-term funding bill to keep the government open for another week while lawmakers negotiate a longer-term package.

The Senate earlier in the day passed the bill via voice vote, just hours before the government would have shut down. The House already passed the one-week continuing resolution (CR) on Wednesday.

With Trump’s signature, the funding deadline to keep the government open now moves to the end of the day on Dec. 18. Negotiators are still trying to secure a broader agreement that would include the 12 fiscal 2021 bills and fund the government until Oct. 1, 2021. 

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“I remain hopeful that essential progress on these items will continue. We ought to pass a full-year funding measure and I hope our committees in the Senate and House can complete their work and deliver legislation next week,” Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellTrump signs one-week funding bill to avoid shutdown Congress ‘close’ to massive government funding deal Overnight Health Care: White House presses FDA chief over COVID-19 vaccine | Committees reach bipartisan deal to protect patients from surprise medical bills | Sanders, Hawley vow fight next week over stimulus checks MORE (R-Ky.) said Friday afternoon.

The issues with quick passage of the CR came from both sides of the aisle. A group of GOP senators wanted votes on legislation related to preventing future government shutdowns, but ultimately backed down on Friday. 

Sens. Bernie SandersBernie SandersTrump signs one-week funding bill to avoid shutdown Congress ‘close’ to massive government funding deal Overnight Health Care: White House presses FDA chief over COVID-19 vaccine | Committees reach bipartisan deal to protect patients from surprise medical bills | Sanders, Hawley vow fight next week over stimulus checks MORE (I-Vt.) and Josh HawleyJoshua (Josh) David HawleyTrump signs one-week funding bill to avoid shutdown Congress ‘close’ to massive government funding deal Overnight Health Care: White House presses FDA chief over COVID-19 vaccine | Committees reach bipartisan deal to protect patients from surprise medical bills | Sanders, Hawley vow fight next week over stimulus checks MORE (R-Mo.) are also pushing for a second round of stimulus checks. While they agreed to let the CR pass on Friday — because leadership went down to the deadline they needed cooperation from every senator — they warned that they were prepared to stall a funding bill next week if there is no agreement on economic relief.

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 our cyber reporter, Maggie Miller (@magmill95), and tech team, Chris Mills Rodrigo (@chrisismills) and Rebecca Klar (@rebeccaklar_), for more coverage.

HACKERS HACK HACKERS: FireEye, a top cybersecurity firm that has built a reputation for tracking the digital fingerprints in major cyberattacks, has now become a target in a highly sophisticated attack that it says was done by a skilled nation-state.

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FireEye acknowledged to The Hill and other news outlets on Tuesday that its own systems were penetrated by “a nation with top-tier offensive capabilities.”

FireEye, a key firm that helped track Russia’s cyberattack on the Democratic National Committee during the 2016 presidential election, did not name who it believes is behind the attack, but its description points to the Kremlin. 

FireEye CEO Kevin Mandia wrote in a blog post that “based on my 25 years in cyber security and responding to incidents, I’ve concluded we are witnessing an attack by a nation with top-tier offensive capabilities.”

“We were attacked by a highly sophisticated threat actor, one whose discipline, operational security, and techniques lead us to believe it was a state-sponsored attack,” he wrote. 

Mandia noted that FireEye was working with the FBI and “other key partners,” including Microsoft, to investigate the attack.

He wrote that the “initial analysis supports our conclusion that this was the work of a highly sophisticated state-sponsored attacker utilizing novel techniques.”

The attackers were able to access FireEye’s “Red Team” tools, which are used to test customer security, according to Mandia. 

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While the company has not yet seen any evidence of the Red Team tools being used by the attackers, “out of an abundance of caution,” FireEye had developed over 300 countermeasures to help minimize the potential impact of use of these tools by the attackers. 

Read more here.

FCC NOMINEE CONFIRMED: The Senate voted Tuesday to confirm Republican Nathan Simington to the Federal Communications Commission (FCC), potentially hamstringing the Biden administration before it even takes office.

Simington, a senior adviser at the National Telecommunications and Information Administration, was confirmed 49-46 despite fierce opposition from Democrats and digital rights groups.

“Nathan Simington is a deeply dangerous nominee to the FCC,” Sen. Richard Blumenthal (D-Conn.) warned during a virtual event with civil rights groups Monday. “He’s dangerous on the issues: net neutrality, Lifeline, E-Rate, and rural broadband … he is conflicted, unprepared and unqualified.”

Senate Commerce Committee Chairman Roger WickerRoger Frederick WickerHillicon Valley: Major cybersecurity firm hacked in sophisticated nation-state attack | Senate confirms Trump FCC nominee amid Democratic pushback | Pornhub bans unverified uploads, ability to download content Senate confirms Trump FCC nominee amid Democratic pushback Despite veto threat, Congress presses ahead on defense bill MORE (R-Miss.) praised Simington for his “light-touch regulatory approach” after the vote.

“Nathan Simington’s confirmation will help ensure a balanced FCC and continued light-touch regulatory approach that has kept the internet free and open for all Americans,” Wicker said.

President TrumpDonald TrumpTrump taps Conway, Chao to government posts in waning days of administration Pelosi, Schumer hit Trump but cite ‘progress’ in COVID relief talks House GOP leader trolls Democrats over reduced majority MORE nominated Simington after pulling the renomination of Republican Commissioner Mike O’Rielly in August.

Read more here.

PORNHUB’S OVERHAUL: Pornhub will ban unverified content from being posted on its website and prohibit users from downloading content effective immediately, the company announced Tuesday. 

The update came after mounting pressure following a New York Times column published last week stating that the website contained rape scenes, revenge pornography and underaged sex. Days after the piece was published, credit card companies Mastercard and Visa said they were reviewing their businesses relationships with Pornhub. 

Columnist Nicholas Kristof wrote that while a “great majority” of the 6.8 million new videos posted on the side yearly may involve consenting adults, “many depict child abuse and nonconsensual violence.”

Pornhub called the allegations that it allows child videos on the site “irresponsible and flagrantly untrue.”

Pornhub announced on Tuesday that it is only allowing verified content partners or people within its “Model Program” to upload to the website, which will launch a verification process next year so “any user can upload content upon successful completion of identification protocol.”

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Additionally, the website said it has removed the ability for users to download content with the exception of paid downloads within the verified Model Program. 

The previous ability for users to download directly from Pornhub had made it possible for content that may have been removed to still be shared, and possibly uploaded again. 

Read more here.

KREBS BLAMES TRUMP: Christopher Krebs, the nation’s former top cybersecurity official, said in an interview broadcast late Monday that President Trump is a “big part of the disinformation” around the presidential election, saying that democracy is “under attack from the inside.”

“Certainly the president is a big part of the disinformation that is coming out there about the rigged election, but there are absolutely others,” Krebs, the former director of the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency, told “Axios on HBO.” 

Krebs, who was fired by Trump last month after pushing back against the president’s concerns around election fraud and vote interference, also argued that continued attacks on the validity of the election could undermine democracy. 

“We all just for some reason think that democracy is resilient and can withstand this sort of attack,” he said. “I actually think democracy is quite fragile, and when the institutions themselves are under attack from the inside … that’s pretty close to an existential issue, and so we need the other parts of the three-part government to actively push back and actively engage.” 

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Read more here.

RADICALIZED BY YOUTUBE: The shooter who killed dozens of people at two mosques in New Zealand last year was radicalized in part by right-wing anti-Muslim videos hosted on YouTube, a lengthy report on the attack found.

The report released Tuesday identified a failure by the country’s intelligence agencies to take seriously both the threat of white supremacist violence as well as warnings from Muslims living in the country about a rise in hate incidents.

It also found that the shooter, Brenton Tarrant, told investigators that while he frequented hangouts such as 8chan and 4chan, much of the anti-Muslim content he accessed was found on YouTube.

Jacinda Ardern, New Zealand’s prime minister, said that her government would implement all the recommendations raised in the report, according to The Associated Press. She added that she would be in contact with YouTube’s leadership over the issue.

Read more here.

BILLIONS FOR BROADBAND: About $9 billion in subsidies will be awarded to help bring broadband access to rural areas across the U.S., the Federal Communications Commission (FCC) said Monday. 

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Elon MuskElon Reeve MuskHillicon Valley: Major cybersecurity firm hacked in sophisticated nation-state attack | Senate confirms Trump FCC nominee amid Democratic pushback | Pornhub bans unverified uploads, ability to download content Elon Musk confirms he relocated to Texas from California FCC announces billions in subsidies to provide broadband access in rural areas MORE’s SpaceX will receive nearly $886 million, one of the largest subsidies announced by the FCC, as the company pushes forward with its experimental Starlink project that aims to beam internet access to rural areas from a constellation of satellites in space. 

The bulk of the subsidies, however, will be awarded to more traditional providers, including Charter Communications, LTD Broadband and the Rural Electric Cooperative Consortium. Each has received a little more than $1 billion. The subsidies will be distributed over the next 10 years. 

FCC Chairman Ajit PaiAjit PaiFCC announces billions in subsidies to provide broadband access in rural areas This week: Congress poised to buy more time on spending, coronavirus talks Pai formally announces plans to leave FCC MORE said in a statement the awards were the “single largest step ever taken to bridge the digital divide.”

Read more here.

UBER SELLS SELF-DRIVING UNIT: Uber on Monday announced it is selling its self-driving unit to an autonomous vehicles startup and investing $400 million in the company.

Aurora, which is acquiring Uber’s Advanced Technologies Group (ATG), said it’s planning to first focus on trucking, rather than a self-driving taxi in line with Uber’s ride-hailing service. But the company added it is in a “unique position” to be a leading player in passenger mobility based on the deal with Uber.

“By adding the people and technology of Uber’s Advanced Technologies Group to the incredible group we’ve already assembled at Aurora, we’re shifting the landscape of the automated vehicle space,” Chris Urmson, co-founder and CEO of Aurora, said in a statement. “With the addition of ATG, Aurora will have an incredibly strong team and technology, a clear path to several markets, and the resources to deliver.”

Uber CEO Dara Khosrowshahi said in a statement he is looking forward to bringing Aurora’s products to the Uber network “in the years ahead.”

Khosrowshahi will also join Aurora’s board of directors.

The companies did not disclose the financial components of the deal, which was valued at $4 billion, according to people familiar with the matter cited by Reuters.

Read more here.

TIKTOK BAN BLOCKED… AGAIN: A second judge has granted a preliminary injunction blocking the Trump administration from banning TikTok downloads in the U.S.

Monday’s order from U.S. District Judge Carl Nichols prevents the agency from barring the hosting of TikTok data within the U.S., content delivery services and other technical transactions, Reuters reported.

Nichols said the Commerce Department “likely overstepped” its authority in issuing the restrictions and “acted in an arbitrary and capricious manner by failing to consider obvious alternatives,” according to the news outlet.

A spokesperson for TikTok told The Hill in a statement on Tuesday that it is “pleased that the court agreed with us and granted a preliminary injunction against all prohibitions of the Executive Order.”

A Commerce spokesperson, meanwhile, said in a statement to The Hill that the new order is “fully consistent with law and promotes legitimate national security interests.”

Read more here.

PUSHING FOR ONLINE ACCOUNTABILITY: Jessica González’s father was a truck driver, and her grandfather was a longshoreman, but she noticed growing up that they both read the newspaper cover to cover daily, an appreciation for the value of media that has stuck with her all her life.

González herself has worked in jobs ranging from stocking grocery shelves at 4 a.m. to teaching at a public school in Los Angeles. And as co-chief executive of the advocacy group Free Press, she fights to defend net neutrality protections, combat misinformation and even fend off Trump administration cuts to a federal program that helped her launch her legal career years ago.

Lifeline, which provides a discount on phone service for qualifying low-income consumers, gave her a steady phone number that was critical as she applied to law school after she was laid off as a public school teacher, González said.

“It’s not that common for someone who’s benefited from a government program to then go on and actually advocate for the expansion of that program, or at least it hasn’t been in my field,” she told The Hill in an interview last week.

“I understand firsthand the importance of stable communications, and that informs a lot of my work,” González said.

She joined Free Press in the wake of the 2016 election after spending more than seven years at the National Hispanic Media Coalition, which followed serving as a staff attorney at Georgetown University Law Center’s Institute for Public Representation, where she represented consumer, civil rights and public interest organizations.

“There I just really fell in love with the idea of reforming the media so that it better serves the public, so that it actually exposes racism and sexism instead of perpetuating it,” González said. “So that people have the information that they need to make good choices and so we could better understand one another.”

Read more here.

MUSK’S MOVE: Tesla and SpaceX CEO Elon Musk said Tuesday he has personally relocated to Texas, citing repeated complaints with California’s regulations over technology companies, as well as what he called innovation complacency throughout Silicon Valley. 

“If a team has been winning for too long, they do tend to get a little complacent, a little entitled and then they don’t win the championship anymore. California has been winning for too long,” Musk said at the Wall Street Journal CEO Council summit Tuesday during an interview with Editor-in-Chief Matt Murray.

When asked if he had moved from California, Musk first emphasized the presence his companies still have in the nation’s largest state. 

“First of all, Tesla and SpaceX obviously have massive operations in California,” the South Africa native said, according to CNBC. “In fact, it’s worth noting that Tesla is the last car company still manufacturing cars in California. SpaceX is the last aerospace company still doing significant manufacturing in California.” 

Read more here.

Lighter click: Microwave

An op-ed to chew on: Trust, not escalation, should be the United States’ cyberspace policy

NOTABLE LINKS FROM AROUND THE WEB:

In 2020, Disinformation Broke The US (BuzzFeed News / Jane Lytvynenko)

NYC Food Delivery Workers Band to Demand Better Treatment. Will New York Listen to Los Deliveristas Unidos? (The City / Claudia Irizarry Aponte and Josefa Velasquez)

He Pretended to Be Trump’s Family. Then Trump Fell for It. (New York Times / Jack Nicas)

Huawei tested AI software that could recognize Uighur minorities and alert police, report says (Washington Post / Drew Harwell and Eva Dou)

Norwegian police implicate Russian hacking group in parliament hack (CyberScoop / Sean Lyngaas)

The Secret Internet of TERFs (The Atlantic / Kaitlyn Tiffany)

Former Secretary of State John KerryJohn KerryOvernight Energy: Trump EPA finalizes air rule that critics say favors polluters | Zinke, in official and unofficial portraits, returns to Interior on horseback | Vilsack gets lukewarm response as Biden Agriculture pick from those seeking reformed USDA Biden to champion climate action in 2021 Biden’s foreign policy team has a surprising lack of diversity MORE faces a major undertaking in regaining U.S. credibility on climate issues as President-elect Joe BidenJoe BidenBiden team says it’s ‘no surprise’ Supreme Court rejected Texas lawsuit Giuliani says Trump team ‘not finished’ after Supreme Court defeat Cuomo under consideration to become Biden’s attorney general: reports MORE’s special envoy on climate.

Kerry will take a newly formed position on the National Security Council and will be America’s face abroad as the U.S. rejoins the Paris Climate Accord on Day 1 of the new administration.

But even those who say Biden couldn’t have chosen a better lead on climate say it will be difficult for the U.S. to overcome its deficit on climate action — both in its reputation and on emissions.

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It’s a task even Kerry has acknowledged will be difficult.

“Yes, it’s simple for the United States to rejoin,” the Paris Accord, he told NPR this week.

“But it’s not so simple for the United States to regain its credibility,” he added. “And I think we have to approach this challenge with some humility and with a very significant effort by the United States to show that we are serious.”

Countries reconvene Saturday to mark the fifth anniversary of the Paris agreement, and while other nations roll out their new, ambitious emissions targets, the U.S. will once again be absent.

That fits the pattern set over the last four years as the Trump administration has sat on the sidelines while finalizing rollback after rollback of the nation’s environmental regulations.

Christiana Figueres, a Costa Rican diplomat and one of the chief architects of the Paris agreement, said she was “totally delighted” Kerry was appointed to the role but said the Biden team will have to make good on its promises.

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“The U.S. will have to do its homework at home first — at home, first — in order to regain credibility. Yes, the Biden administration has put out their plans, but we’re going to have to see the plans being enacted, we’re going to have to see the rollbacks of the rollbacks, we’re going to have to see, as he’s already spoken about, climate change being inserted into every single department,” she said.

Biden has pledged to get the U.S. on track to reach net-zero emissions by 2050, starting with the electric sector by 2035, while making massive investments in renewable energy and electric vehicles.

It’s a tough goal to reach made even tougher by the likely need for a divided Congress to shepherd some of the work.

Kelley Kizzier, a former EU climate negotiator who now leads international efforts at the Environmental Defense Fund, said the U.S. will have to take a number of actions that “require more than the stroke of a presidential pen if we’re going to have credibility.”

“It’s a plan that requires cooperation with Congress, and I know that’s a heavy lift, but we need to start immediately. The world needs to know the U.S. is not getting a free pass on climate,” Kizzier said. 

But even as the U.S. settles its affairs at home, part of the problem is the rest of the world has chugged along.

Countries are increasingly setting goals to reach carbon neutrality by mid-century, with Saturday serving as a chance for countries to unveil their new 2030 NDC’s, short for the nationally determined contributions each country must set on their own.

“Rejoining Paris is good but a return to the status quo from five years ago? The rest of the world has moved on,” said Sarah Millar, a climate advisor who previously worked for the United Kingdom government and in the European Parliament in Brussels.

The U.S. was already at risk of not meeting its 2015 goal under the agreement, and, even as progress on meeting it has stalled, the U.S. will now be expected to set a more advanced target.

The United Kingdom, for example, now plans to reduce its emissions 68 percent by 2030.

“Even if Biden is genuine — and I think he is — if he can’t do it domestically then it’s just words. … He may have the best intentions in the world but if you can’t pass anything to do it, how much better off are we than we were the last four years?” Millar said.

Millar suggests beyond setting a more ambitious goal, the U.S. could grease the wheels of diplomacy — and repair its reputation — by stepping up its climate financing to help developing nations meet their Paris goals.

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The Paris agreement sets a goal of rounding up $100 billion globally by this year; the U.S. contributed $1 billion under the Obama administration, but no further funds were committed under Trump.

“The U.S. stepping up international climate finance would show the rest of the world that it is serious and trying to make amends for the last four years of being absent,” Millar said.

Part of the reason the U.S. exit from the deal led to such a credibility gap lies in the history of how the deal came together. The U.S. is the reason that each country “will” rather than “shall” set new, more ambitious targets in the future, a slight word change sensitive to the U.S. struggle to get congressional buy-in.

“In the final hours of Paris almost exactly five years ago, all the other counties in the world scrambled to change the wording of agreement to accommodate the United States, and they did that because U.S. participation was crucial and then the U.S. left anyway,” Kizzier said.

Still, if there’s anyone that could help repair the U.S. reputation, many say Kerry is the right man for the job. 

“John Kerry is undoubtedly one of the political leaders in the United States who knows the most about climate. He has spent his entire life on this issue,” Figueres said. “This man understands it in his gut, and he is completely committed to a world that addresses climate change.”

 

Welcome to Friday’s Overnight Health Care.

FDA authorization of Pfizer’s COVID-19 vaccine candidate is expected soon, but the White House is pushing the agency to move even quicker. Meanwhile, the Trump administration is buying another 100 million doses of a similar candidate from Moderna. And a surprise billing fix might happen after all.

Let’s start with the COVID vaccine:

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White House presses FDA chief over COVID-19 vaccine

Top Trump administration officials are turning up the heat on the Food and Drug Administration (FDA) to quickly authorize emergency use of the country’s first coronavirus vaccine.

White House chief of staff Mark MeadowsMark MeadowsTrump praises FDA approval of COVID-19 vaccine: ‘One of the greatest scientific accomplishments in history’ FDA clears nation’s first COVID-19 vaccine Overnight Health Care: White House presses FDA chief over COVID-19 vaccine | Committees reach bipartisan deal to protect patients from surprise medical bills | Sanders, Hawley vow fight next week over stimulus checks MORE phoned FDA Commissioner Stephen HahnStephen HahnAzar: First vaccinations could come Monday or Tuesday from Pfizer vaccine Trump pressures FDA to approve coronavirus vaccine Overnight Health Care: FDA panel recommends authorizing Pfizer vaccine | CDC director gives grim death projection | More states impose restrictions MORE on Friday and pushed him to clear the Pfizer/BioNtech vaccine by the end of the day, according to an official familiar with the matter.

According to multiple reports, Meadows suggested to Hahn that his job was in jeopardy if the agency did not act. The Washington Post first reported that Meadows told Hahn to submit his resignation if the vaccine doesn’t receive an emergency use authorization by the end of the day.

In a statement to The Hill, Hahn denied that there was any threat to his job, or that Meadows pressured him in any way. 

“This is an untrue representation of the phone call with the Chief of Staff. The FDA was encouraged to continue working expeditiously on Pfizer-BioNTech’s EUA [emergency use authorization] request. FDA is committed to issuing this authorization quickly, as we noted in our statement this morning,” Hahn said.

Past evidence: But the conversation between Hahn and Meadows happened the same day President TrumpDonald TrumpBiden team says it’s ‘no surprise’ Supreme Court rejected Texas lawsuit Trump praises FDA approval of COVID-19 vaccine: ‘One of the greatest scientific accomplishments in history’ Giuliani says Trump team ‘not finished’ after Supreme Court defeat MORE tweeted his disapproval to Hahn, and called the FDA “a big, old, slow turtle.”

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He tagged Hahn in the tweet, telling him to “[g]et the dam [sic] vaccines out NOW.” He added that Hahn should “[s]top playing games and start saving lives!!!” 

What’s next: The pressure reportedly led the FDA to accelerate its timetable for clearing America’s first vaccine from Saturday to later Friday. Once FDA gives authorization, a panel from the Centers for Disease Control and Prevention will vote on which groups should and should not get the vaccine, and then it will be able to get injected into people.

The consequence: It’s not clear why Trump and Meadows want to pressure Hahn, and it’s not likely a decision Friday would make any difference in when the first vaccine doses can get delivered. The agency’s process is designed to leave no room for public doubt, especially since a vaccine was developed and submitted for review in record time. The Trump White House decided to inject politics into science, yet again. 

Read more here.

 

Trump administration buys another 100 million doses of Moderna COVID vaccine 

The Trump administration doesn’t want to be caught flat-footed on the next round of vaccines, announcing it will purchase another 100 million doses of Moderna’s COVID-19 vaccine candidate. 

The vaccine is still pending emergency authorization from the Food and Drug Administration (FDA), but that is expected to come as soon as next week. 

The U.S. had previously ordered 100 million doses of the vaccine earlier this year, and those will begin shipping immediately upon FDA authorization, with 20 million expected by the end of December. 

The second batch of 100 million doses purchased by the U.S. Friday will be delivered in the second quarter of next year.

“Securing another 100 million doses from Moderna by June 2021 further expands our supply of doses across the Operation Warp Speed portfolio of vaccines,” said Alex Azar, secretary of the Department of Health and Human Services.

Why it matters: The announcement comes after the administration was criticized for passing up opportunities to purchase additional doses of Pfizer’s vaccine, leading to concerns about supply shortages. FDA authorization of the Moderna and Pfizer vaccines appears imminent, but it will take a long time before enough doses are sent out to vaccinate the entire population.

Read more here.

 

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But it’s not all good news on the vaccine front…

Sanofi, Glaxo announces setback in coronavirus vaccine project 

Sanofi and GlaxoSmithKline (GSK) on Friday announced a setback in their coronavirus vaccine project, saying they now expect their vaccine to be available next year.

The companies said in a joint statement that interim results from a phase 1/2 trial showed the vaccine produced a low immune response in older adults, which it said was likely due to an insufficient concentration of the antigen.

The vaccine did elicit an immune response in adults 18-49 years old that the companies said was comparable to that seen in recovered COVID-19 patients.

U.K.-based GSK and French company Sanofi said they will conduct a phase 2b study in February 2021. Phase 3 confirmatory trials, which were originally slated for this month, are now expected to begin by the second quarter of 2021.

The companies now think the vaccine will be available from mid-2021 to the fourth quarter of 2021. They were originally planning to begin the trial this month. 

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Read more here.

 

Committees reach bipartisan deal to protect patients from surprise medical bills

Four congressional committees on Friday reached a bipartisan deal on legislation to protect patients from massive “surprise” medical bills after a series of tense negotiations, according to congressional aides.

Backers of the deal are hoping to include it in the year-end spending package slated to go through Congress next week.

The deal was struck by the leaders in both parties of the Senate Health and House Energy and Commerce, Education and Labor and Ways and Means Committees, though it would still need buy-in from leadership to be added to the year-end package.

Read more here.

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Sanders, Hawley vow fight next week over stimulus checks

Sens. Josh HawleyJoshua (Josh) David HawleyTrump signs one-week funding bill to avoid shutdown Congress ‘close’ to massive government funding deal Overnight Health Care: White House presses FDA chief over COVID-19 vaccine | Committees reach bipartisan deal to protect patients from surprise medical bills | Sanders, Hawley vow fight next week over stimulus checks MORE (R-Mo.) and Bernie SandersBernie SandersTrump signs one-week funding bill to avoid shutdown Congress ‘close’ to massive government funding deal Overnight Health Care: White House presses FDA chief over COVID-19 vaccine | Committees reach bipartisan deal to protect patients from surprise medical bills | Sanders, Hawley vow fight next week over stimulus checks MORE (I-Vt.) are warning they will use next Friday’s government funding deadline to try to force a vote on a second round of stimulus checks amid lawmakers’ failure to secure a deal on another coronavirus relief package. 

“This Congress must address the economic emergency facing the American people. We cannot go back to our families during the Christmas holidays while tens of millions of families are suffering,” Sanders said during a floor speech. 

While Sanders and Hawley allowed a one-week continuing resolution to clear on Friday, averting a shutdown, they are warning about a showdown next week on their proposal. 

The two senators are calling for a vote on their proposal that would provide a $1,200 check for individuals who make up to $75,000 — mirroring language included in the March CARES Act. 

Progressives and Hawley are pushing for a second round of direct payments. Neither a proposal from a bipartisan group of lawmakers nor one from Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellTrump signs one-week funding bill to avoid shutdown Congress ‘close’ to massive government funding deal Overnight Health Care: White House presses FDA chief over COVID-19 vaccine | Committees reach bipartisan deal to protect patients from surprise medical bills | Sanders, Hawley vow fight next week over stimulus checks MORE (R-Ky.) included the stimulus checks. 

GOP leadership has warned that stimulus checks divide their caucus and could beef up the price tag, which could also threaten Republican support. 

Read more here.

 

Virtual Event Announcement: 1:00 ET Wednesday 12/16 — COVID-19, Tech and Economic Resilience

Significant advances in communication and information technology have lifted many, and buffered others, during a crushing pandemic. As a new administration prepares to take charge, which technology shifts are here to stay? How can policymaking keep pace to ensure the American economy retains its competitive edge? In the first of three virtual events, The Hill discusses the role of technology in re-energizing the American economy. Sen. Tim ScottTimothy (Tim) Eugene ScottOvernight Health Care: White House presses FDA chief over COVID-19 vaccine | Committees reach bipartisan deal to protect patients from surprise medical bills | Sanders, Hawley vow fight next week over stimulus checks Hillicon Valley: Federal agencies warn of hackers targeting online K-12 classes | California seeks to join DOJ antitrust case against Google | Senate approves defense bill establishing cyber czar position Post-pandemic, small businesses need sustainable opportunity MORE, Rep. Suzan Delbene, Janet Napolitano, Amb. Ron Kirk, FCC Commissioner Jessica Rosenworcel, Microsoft’s Fred Humphries. RSVP for event reminders (https://techpolicyandresilience.splashthat.com/).

 

What we’re reading

COVID-19 vaccine-distribution timeline will keep slipping, experts say (STAT)

Coronavirus debate: Should lawmakers get vaccines first? (The Wall Street Journal)

Supply is limited and distribution uncertain as COVID vaccine rolls out (Kaiser Health News)

 

State by state

How many vaccine doses will your state get? (The New York Times)

Illinois lawmakers propose cut in Medicaid rates (The Herald-News)

He treated Houston’s most desperate Covid patients. Then he became a victim. (NBC News)

President-elect Joe BidenJoe BidenPro-Trump protestors, counter-protesters and police clash in DC after day of election demonstrations Castro says ‘there’s still work to do’ on Biden Cabinet diversity Robert Zoellick says human rights, European relations to play key roles in Biden foreign policy MORE‘s selection of a recently departed Army general to lead the Pentagon next year has put House Democrats in a jam.

The Defense Department, by intent and by law, is typically led by a civilian — a division of power that, from the nation’s very founding, has aimed to insulate a fragile democracy from any tyrannical designs of the military brass.

Yet Biden’s selection of Gen. Lloyd AustinLloyd AustinIn defense of Lloyd Austin By picking Austin, Biden scratches the Pentagon’s seven-year itch Biden selects Susan Rice to lead Domestic Policy Council, McDonough for Veterans Affairs MORE to lead the Defense Department has challenged that conviction. Austin, a four-star Army general who retired in 2016, would need a waiver to be exempted from a law requiring military figures to be out of active duty for at least seven years before they’re eligible to lead the Pentagon.

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That additional hurdle is creating a headache for many Democrats, who will have to vote on the waiver before the nomination goes to the Senate for final approval.

“It’s more than just a little wrinkle, that’s for sure,” said Rep. Dan KildeeDaniel (Dan) Timothy KildeeBiden’s Pentagon pick puts Democrats in a bind CDC studies impact of ‘forever chemical’ exposure on COVID-19 antibodies Democrats to determine leaders after disappointing election MORE (D-Mich.).

Not only do most Democrats support the traditional concept of a civilian-run Pentagon, but they also overwhelmingly opposed a similar waiver nearly four years ago for President TrumpDonald TrumpOne person shot in Washington state during violent election protest Pro-Trump protestors, counter-protesters and police clash in DC after day of election demonstrations COVID-19 infections spread rapidly as officials race to distribute vaccine MORE‘s first Defense secretary, James MattisJames Norman MattisBiden’s Pentagon pick puts Democrats in a bind In defense of Lloyd Austin By picking Austin, Biden scratches the Pentagon’s seven-year itch MORE, a retired four-star Marine general.

Those dynamics have put Democrats in a bind. On one hand, they want to support Biden’s Cabinet picks across the board and kick-start the new administration absent any dramatic internal clashes. On the other, they want to send a warning — if only to future presidents — that granting waivers to newly departed military figures should be the anomaly, not the trend.

While no one believes Democrats would block Austin’s ascension, many lawmakers are also sending early signals that they won’t be a rubber stamp, either.

“The civil-military relationship is one that needs to be separate, and it is one where civilians need to be in the lead. That’s the custom. That’s the tradition. It’s worked,” said Rep. Rick LarsenRichard (Rick) Ray LarsenBiden’s Pentagon pick puts Democrats in a bind Democrats ask GAO to study COVID-19 air travel risks It’s time for Congress to act: Save jobs and stabilize the aerospace industry MORE (D-Wash.), a member of the House Armed Services Committee. “The president-elect is making the case, but they’re going to need to continue to make the case about why we should grant a waiver.”

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Rep. Adam SmithDavid (Adam) Adam SmithBiden’s Pentagon pick puts Democrats in a bind OVERNIGHT DEFENSE: Biden taps ex-Obama chief for VA | Shutdown looms amid standoff | SCOTUS rules on rape cases in military Overnight Defense: Biden defends picking retired general for Pentagon head | House passes weeklong stopgap spending bill | Senate rejects effort to block Trump’s UAE arms sale MORE (D-Wash.), chairman of the Armed Services panel, voiced similar concerns. While he characterized Austin as “very highly qualified,” Smith also emphasized the need for the retired general to appear before the committee to make his own case for a waiver.

“If we have to vote, we need reassurances from the nominee about the issues that we’re concerned about. And one of the issues that we’re concerned about is civilian control of the military,” Smith said.

“Secretary Mattis certainly showed that just because he’s a general doesn’t mean that he won’t respect civilian control,” he continued. “But we need to hear from Gen. Austin about his views on the matter and give us a chance to express our concerns.”

The debate over Austin’s future arrives as Democrats are engaged in a broader discussion about the composition of Biden’s incoming Cabinet — a conversation that’s focused heavily on the importance of compiling a diverse team across lines of race, gender and ideology.

Against that backdrop, Austin is a historic pick: He would be the nation’s first Black Defense secretary. And some liberals said that, while they’re generally inclined to oppose waivers for the top Pentagon post, the history-making element surrounding Austin’s nomination is driving their decision to make an exception in his case.

“Race,” said Rep. Ro KhannaRohit (Ro) KhannaBiden’s Pentagon pick puts Democrats in a bind Biden appointments give Newsom chance to reshape California politics Sanders surrogate Nina Turner considering run for Fudge seat: report MORE (D-Calif.), “has to be a consideration.”

“I’m opposed to waivers, generally, and I voted against Mattis. But I don’t see how we can give Mattis a waiver and [four] years later deny the first African American who’s going to lead the Pentagon the same opportunity, especially when he’s one of the most qualified generals,” said Khanna, a prominent member of the Congressional Progressive Caucus.

“I don’t like doing it — and probably won’t do it again — but in this case I’ll support it,” he added.

Khanna is hardly alone. While 150 House Democrats had opposed the Mattis waiver in 2017 — versus 36 who supported it — a number of those “no” votes are also lining up now in support of Austin.

The reasons are as varied as the lawmakers themselves.

Rep. John YarmuthJohn Allen YarmuthBiden’s Pentagon pick puts Democrats in a bind Jason Smith set to serve as top Republican on House Budget Committee The GOP’s debt boogieman is hurting families and derailing our recovery MORE (D-Ky.) said the shift is based largely on the trust Democrats have in Biden — a former longtime senator and vice president with decades of experience dealing with the Pentagon — versus their faith in Trump, who had no previous government or military involvement. Biden has also worked directly with Austin, who led U.S. Central Command under the Obama administration.

“It’s a tough one,” Yarmuth said. “But the difference now is that I think you have a commander in chief who understands the basic need for civilian control — and may exert that himself.”

“Trump had no clue what the relationship was supposed to be,” he added.

The issue of testifying before Congress was also a factor in Mattis’s appointment in 2017, when the Trump transition team refused to allow the former Marine general to appear on Capitol Hill before the vote on his waiver. That refusal incensed a number of lawmakers. Still, a number of House Democrats who voted against the Mattis waiver are indicating they’ll change their tune for Austin based on his willingness to testify.

“If Austin is willing to go through that process, and perhaps provide some assurance, that may affect the way we deal with it,” Kildee said.

Biden, for his part, acknowledged the controversy surrounding his Pentagon pick, who would be just the third Defense secretary appointed by waiver in the nation’s history, after Mattis and George C. Marshall in 1950. In an essay in The Atlantic this week, Biden praised Austin as a “true and tested” leader uniquely qualified to meet the nation’s current challenges.

“Given the immense and urgent threats and challenges our nation faces, he should be confirmed swiftly,” Biden urged Congress.

While the message is resonating with some Democrats, others remain wary, voicing frustrations that Biden — who ran his successful campaign on a message of bringing normalcy back to Washington after four chaotic years under Trump — is already breaking norms with his waiver request for Austin.

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Rep. Elissa SlotkinElissa SlotkinBiden’s Pentagon pick puts Democrats in a bind In defense of Lloyd Austin Biden picks leave Democrats with slimmest House majority in modern history MORE (D-Mich.), a former Pentagon official who has worked with Austin for years, said she has a “deep respect” for the former Army general. But the idea of needing another waiver for the top post so quickly after Mattis “just feels off,” she tweeted this week.

It’s unclear how Republicans will vote when the waiver hits the House floor. And without some GOP support, Democratic leaders can afford few defections given their razor-thin majority after their drubbing at the polls this year — a dynamic that puts even more pressure on rank-and-file Democrats to back a waiver.

Rep. Jan SchakowskyJanice (Jan) Danoff SchakowskyBiden’s Pentagon pick puts Democrats in a bind Hillicon Valley: Federal agencies warn of hackers targeting online K-12 classes | California seeks to join DOJ antitrust case against Google | Senate approves defense bill establishing cyber czar position Democrats urge Biden to address ‘infodemic’ of COVID-19 disinformation, misinformation MORE (D-Ill.) acknowledged the charges of hypocrisy likely to rain down on Democrats who opposed Mattis’s waiver but choose to back Austin’s, as she intends to do. But that shift is nothing, she asserted, relative to the duplicity of GOP leaders who appointed a Supreme Court justice days before this year’s elections after ignoring Obama’s nomination in 2016, when there was a much longer window to act.

“This doesn’t even begin to compare to that kind of hypocrisy,” she said.

The Supreme Court on Friday rejected a widely panned bid by Texas to overturn President-elect Joe BidenJoe BidenBiden team says it’s ‘no surprise’ Supreme Court rejected Texas lawsuit Giuliani says Trump team ‘not finished’ after Supreme Court defeat Cuomo under consideration to become Biden’s attorney general: reports MORE‘s election win, delivering a devastating blow to the long-shot legal campaign waged by President TrumpDonald TrumpBiden team says it’s ‘no surprise’ Supreme Court rejected Texas lawsuit Trump praises FDA approval of COVID-19 vaccine: ‘One of the greatest scientific accomplishments in history’ Giuliani says Trump team ‘not finished’ after Supreme Court defeat MORE and his allies since his electoral defeat.

The ruling was a repudiation to Trump, as well as the 18 GOP state attorneys general and 126 House Republicans who had backed the lawsuit. The challenge sought to nullify Biden’s wins in Wisconsin, Michigan, Georgia and Pennsylvania — key battleground states that he won while amassing 306 electoral votes.

In a brief, unsigned order Friday rejecting the petition, the court made clear its view that Texas lacked the legal right to litigate over how other states conduct their elections.

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“Texas has not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections,” the ruling states. “All other pending motions are dismissed as moot.” 

Justices Clarence ThomasClarence ThomasSasse: Supreme Court ‘closed the book’ on election ‘nonsense’ Supreme Court rejects Texas’s push to overturn Biden victory All eyes on Supreme Court in Texas fight MORE and Samuel AlitoSamuel AlitoSasse: Supreme Court ‘closed the book’ on election ‘nonsense’ Supreme Court rejects Texas’s push to overturn Biden victory All eyes on Supreme Court in Texas fight MORE wrote a dissenting statement expressing their view that the court is obligated to hear interstate disputes. Aside from this jurisdictional disagreement, however, those two more conservative justices indicated they joined the court’s seven other members in siding against Texas.

“In my view, we do not have discretion to deny the filing of a bill of complaint in a case that falls within our original jurisdiction,” wrote Alito, joined by Thomas. “I would therefore grant the motion to file the bill of complaint but would not grant other relief, and I express no view on any other issue.”

The Friday order comes after the justices earlier this week tossed a similar request from Trump-allied Pennsylvania Republicans to nullify Biden’s certified victory in the Keystone State — a state Biden won by more than 81,000 ballots.

These were just the latest in a lengthy string of defeats for Trump and his allies amid their increasingly implausible legal campaign, which has been largely premised on unsupported claims that the election results are invalid due to widespread fraud.

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If the walls were already closing in on Trump’s post-election legal effort, this week’s repudiation by the Supreme Court and the fast-approaching Dec. 14 Electoral College meetings to finalize Biden’s victory all but squeezed the life out of the moribund legal strategy.

Texas’s lawsuit, filed earlier this week, argued that electors from Georgia, Michigan, Pennsylvania and Wisconsin should not be allowed to cast their votes in part because those states had unconstitutionally changed their voting procedures during the coronavirus pandemic to allow for increased mail-in ballots. 

Texas requested that the justices block those states from certifying Biden’s electors and from voting during Monday’s Electoral College meetings. Alternatively, they requested that the court invalidate Biden’s wins in the four states and their GOP-held state legislatures to effectively declare whether Trump or Biden prevailed in their state election.

A consensus emerged swiftly among election law experts that the court would roundly reject Texas’s extraordinary request. 

Pennsylvania’s attorney general, in a fiery response brief Thursday, called Texas’s bid to invalidate election results a “seditious abuse of the judicial process.” He urged the justices to “send a clear and unmistakable signal that such abuse must never be replicated.”

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“Since Election Day, State and Federal courts throughout the country have been flooded with frivolous lawsuits aimed at disenfranchising large swaths of voters and undermining the legitimacy of the election,” state Attorney General Josh Shapiro (D) wrote. “The State of Texas has now added its voice to the cacophony of bogus claims.” 

By some estimates, the campaign and its allies have lost or withdrawn in more than 50 rounds in state and federal court and prevailed in only one case, a narrow win that affected only a tiny sliver of mail ballots in Pennsylvania.

Prior to Friday, Trump’s legal team had tried to airbrush its abysmal win-loss record by portraying the lower court defeats as part of a broader plan to reach the Supreme Court.

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

Updated at 8:10 p.m.

The Trump administration announced on Friday that it will purchase another 100 million doses of Moderna’s COVID-19 vaccine candidate, according to a release from the Department of Health and Human Services (HHS).  

The vaccine is still pending emergency authorization from the Food & Drug Administration (FDA) but approval appears likely. 

The U.S. had previously ordered 100 million doses of the vaccine earlier this year, and those will begin shipping immediately upon FDA authorization, with 20 million expected by the end of December. 

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The second batch of 100 million doses purchased by the U.S. will be delivered in the second quarter of next year, according to HHS.

“Securing another 100 million doses from Moderna by June 2021 further expands our supply of doses across the Operation Warp Speed portfolio of vaccines,” HHS Secretary Alex Azar said. 

“This new federal purchase can give Americans even greater confidence we will have enough supply to vaccinate all Americans who want it by the second quarter of 2021,” he added. 

The Moderna vaccine was co-developed with scientists from the National Institute of Allergy and Infectious Diseases, run by Anthony FauciAnthony FauciFDA clears nation’s first COVID-19 vaccine US enters brutal stretch of pandemic, even with approaching vaccines Trump administration to purchase another 100M doses of Moderna vaccine MORE. 

The clinical trial involving 30,000 participants found the vaccine was 94.1 percent effective. 

The additional purchase of the Moderna doses follows an advisory panel’s recommendation that the FDA authorize a similar vaccine from Pfizer. 

The FDA is expected to authorize the Pfizer vaccine in the coming days. 

The FDA’s vaccine advisory panel will soon evaluate whether to make the same recommendation for Moderna.

The European Union and United Kingdom will continue negotiations on creating a post-Brexit trade relationship as the two sides say they remain far apart on a number of issues.

European Commission President Ursula von der Leyen and British Prime Minister Boris said they spoke over the phone and that their negotiators would meet again Sunday. The disagreements centered around rules for fair competition, the oversight of the pact and fishing rights in U.K. waters.

“In a phone call today on the on-going negotiations between the European Union and the United Kingdom, we welcomed the fact that progress has been achieved in many areas. Nevertheless, significant differences remain on three critical issues: level playing field, governance and fisheries. Both sides underlined that no agreement is feasible if these issues are not resolved,” they said in a joint statement.

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“Whilst recognising the seriousness of these differences, we agreed that a further effort should be undertaken by our negotiating teams to assess whether they can be resolved,” they added. “We are therefore instructing our chief negotiators to reconvene tomorrow in Brussels. We will speak again on Monday evening.”

The U.K. formally broke away from the EU on Jan. 31, though it will remain in its tariff-free single market through the end of 2020. The two sides are looking to clinch a deal for 2021 and beyond that would ensure there remains no tariffs or trade quotas in their economic ties.

The two sides have repeatedly failed to bridge their differences, but given the EU’s economic prowess and Britain’s standing on the international stage, the two sides are eager to avoid a rancorous break. However, if no agreement is reached, both sides would likely be subjected to burdensome tariffs.

Ring of Honor issued the following press release today:

ROH returns to Pay Per View with ALL STAR EXTRAVAGANZA

The Best Wrestling on the Planet, Ring of Honor, returns to live Pay Per View on Friday Night September 18 with All Star Extravaganza VII. This even will emanate from historic San Antonio at the Shrine Auditorium.

With the fall-out from our recent Death Before Dishonor XIII iPPV now in the rear-view mirror, all roads will lead to San Antonio and All Star Extravaganza VII. Will Jay Lethal make it to this event as dual ROH World & ROH World Champion? Will Roderick Strong be knocking on the door for another chance? Will Jay Briscoe be looking for his rematch? Kyle O’Reilly is telling anyone who listens that he has Jay Lethal’s number! And do not forget Bobby Fish’s recent win now declares him the #1 contender to the ROH World Television Championship! This is just a sample of the excitement heading towards All Star Extravaganza XIII. If you are in San Antonio, you will not want to miss out on the chance to witness the best wrestlers on the planet collide!

Ring of Honor is bringing a jam-packed lineup to San Antonio, Texas to celebrate a truly unique event. The stars in Texas sky will shine bright, but they will pale in compassion to the stars signed for this live Pay Per View event. This is an event you cannot afford to miss!

RING OF HONOR STARS SIGNED TO APPEAR

ROH World & World TV Champion Jay Lethal w/ Truth Martini
ROH World Tag Team Champions The Addiction
“Phenomenal” AJ Styles
Jay & Mark Briscoe
#Reborn Matt Sydal
Roderick Strong
The Young Bucks
reDRagon
Adam Cole
The Kingdom (Bennett & Taven) w/ Maria
Moose
“Unbreakable” Michael Elgin

CM Punk’s UFC Debut Date, Ronda Rousey/WWE Update + FEDOR Is Returning!