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.

Signup for our newsletter and others HERE. 

FROM THE DRAFTS: The Environmental Protection Agency (EPA) on Tuesday released a draft guidance that interprets a Supreme Court decision in a way that may exempt some facilities from needing permits to pollute groundwater. 

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In April, the court decided that a permit is required for both direct discharges of pollutants into federally-regulated rivers and oceans as well as their “functional equivalent” in groundwater that flows into regulated waters. 

The EPA’s new draft guidance, which was first reported by E&E News, says that whether a pollution discharge into groundwater should be considered a “functional equivalent” depends on “what happens to the discharged pollutant over that time and distance traveled” to the regulated body of water.

Specifically, it states that if the composition or concentration of pollutant that ultimately reaches the water is “different” from that which was originally discharged, it “might not” be considered a functional equivalent. 

It also states that some facilities may be “less likely” to require a permit if it uses a waste storage or treatment system rather than if it discharges pollutants “consistently and predictably” into groundwater.  

The agency argued that its guidance will help industry understand when they need permits. 

“EPA’s guidance will address several questions that the regulated community and others have raised since the Supreme Court issued its decision earlier this year,” said EPA assistant administrator for Water David Ross in a statement.

But critics argued that the guidelines could leave out facilities that may end up polluting the protected waters. 

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“It basically suggests that a facility whose pollution is at all different at the point that it reaches the waterway, including just by being diluted might not need a pollution control permit,” said Jon Devine, the Natural Resources Defense Council’s director of federal water policy. 

“That strikes me as an invitation to gross abuse because if a pollutant is discharged into groundwater, it’s going to mix with the groundwater; it may be diluted by the groundwater, that doesn’t mean it’s any less likely to travel to and pollute surface waters,” he said. 

Read more about the draft guidance here. 

IS VILSACK BACK? BACK AGAIN? President-elect Joe BidenJoe BidenTrump Jr. cuts ad for Loeffler, Perdue in Georgia Biden to tap Vilsack for Agriculture secretary: reports Georgia elections official: Trump should ‘act more responsibly’ MORE‘s recent focus on Tom VilsackThomas James VilsackUSDA: Farm-to-school programs help schools serve healthier meals OVERNIGHT MONEY: House poised to pass debt-ceiling bill MORE to serve as his secretary of Agriculture comes as Democrats seek to appeal to rural voters after a poor showing in the 2020 elections.

The former Iowa governor, who served with Biden in the Obama administration, has deep ties with rural America — and with major agricultural lobbies, which has sparked a pushback from progressives.

The transition team has also focused on former Sen. Heidi HeitkampMary (Heidi) Kathryn HeitkampBiden to tap Vilsack for Agriculture secretary: reports OVERNIGHT ENERGY: EPA guidance may exempt some water polluters from Supreme Court permit mandate | Vilsack’s stock rises with Team Biden | Arctic wildfires linked to warming temperatures: NOAA Vilsack’s stock rises as Biden eyes inroads to rural America MORE (D-N.D.), another rural lawmaker, to lead the Department of Agriculture (USDA), as well as Rep. Marcia FudgeMarcia Louise FudgeBiden to tap Vilsack for Agriculture secretary: reports On The Money: Mnuchin pitches Pelosi 6B coronavirus deal with Trump’s blessing | White House offers direct payments, state and local aid Biden to tap Fudge to lead Department of Housing and Urban Development: reports MORE (D-Ohio), who represents an urban district and has been a fierce advocate for the food assistance programs that are run by the USDA. Former Michigan Gov. Jennifer Granholm (D) is also in the running.

Vilsack’s emergence as a favorite could also indicate Biden is leaning toward keeping the USDA’s traditional focus on its ag support programs after the former vice president promised to boost the rural economy.

“Biden will bring back America’s advantage in agriculture, create jobs, and build a bright future for rural communities by investing in the next generation of agriculture and conservation,” the campaign wrote in its rural action plan.

Vilsack is highlighting many of the same fault lines that emerged when Heitkamp was floated for the job.

Progressive groups criticized Heitkamp’s campaign contributions from major ag corporations and moderate voting record, while a coalition of 60 groups backed Fudge, sending a letter to the Biden transition arguing she would be an ally to farmers, food-chain workers, consumers and rural communities.

“I was a little mystified by the potential Vilsack choice given how solid a line was drawn with the Heitkamp-Fudge situation,” one ag lobbyist told The Hill.

Biden has been under heavy pressure from progressives, as well as the Congressional Black Caucus and the NAACP, to select Fudge as his Agriculture secretary.

But recent reports have suggested she may be in the running to head the Department of Housing and Urban Development instead. 

Progressives who have taken shots at Vilsack point to his work during the Trump administration as president of the U.S. Dairy Export Council, a major dairy lobby.

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“His coziness with Big Dairy is pretty direct. It’s not just his policy goals — it’s his current employer as well,” the ag lobbyist told The Hill. 

Beyond connections with major industry groups, Vilsack also worked as a registered lobbyist in the Iowa office of the law firm Dorsey & Whitney, another problem for progressives who have urged Biden to stay away from hiring corporate lobbyists or Wall Street executives.

Read more about Vilsack’s potential nomination here.

IT’S GETTING HOT IN HERE: Wildfires in the Arctic are linked to warming temperatures there, according to a new report from the National Oceanic and Atmospheric Administration (NOAA). 

NOAA’s new 2020 update to its Arctic Report Card said the “extreme” fires in Russia’s Sakha Republic “coincided with unparalleled warm air temperatures and record snow loss.”

Increasing air temperature over the past 41 years is a factor contributing to “more favorable” conditions for fires, the report said. 

Scientists have repeatedly linked climate change to extreme weather events. 

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The new report noted that this year’s annual land surface air temperature in the region was the second highest recorded since at least 1900. 

The new NOAA report also said sea ice loss this year was particularly high, with the end of summer sea ice extent reaching the second-lowest level recorded during the past 42 years. 

Read more about the NOAA report here.

WHAT WE’RE READING:

Many U.S. states are behind on their own climate milestones, Reuters reports

Shell executives quit amid discord over green push, The Financial Times reports

GOP playbook to complicate a Mary Nichols nomination, E&E reports

PFAS chemical associated with severe COVID-19, The Intercept reports

The Senate on Wednesday rejected a bipartisan effort to block President TrumpDonald TrumpTrump calls on Georgia AG not to have other Republicans oppose election lawsuit: report Pennsylvania GOP leader on breaking with Trump on election: ‘I’d get my house bombed tonight’ Lawmakers call for lowering health care costs to address disparities in pandemic MORE’s $23 billion arms sale to the United Arab Emirates. 

Senators voted on two resolutions to block the arms sale, with both failing to get the simple majority to advance over the initial procedural hurdles in 46-50 and 47-49 votes, respectively. 

The administration notified Congress last month that it approved selling the UAE up to 50 F-35s worth $10.4 billion, up to 18 MQ-9B drones worth $2.97 billion, and a package of air-to-air and air-to-ground munitions worth $10 billion. 

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Sens. Robert MenendezRobert (Bob) MenendezOvernight 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 Senate rejects attempt to block Trump’s UAE arms sale Big banks get a big break on pending whistleblower law MORE (D-N.J.), Chris MurphyChristopher (Chris) Scott MurphyDurbin to become top Democrat on Judiciary panel, keep No. 2 spot 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 Senate rejects attempt to block Trump’s UAE arms sale MORE (D-Conn.) and Rand PaulRandal (Rand) Howard PaulOvernight 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 Senate rejects attempt to block Trump’s UAE arms sale This week: Congress poised to buy more time on spending, coronavirus talks MORE (R-Ky.) introduced resolutions to block the sale. Because arms sale resolutions are privileged, the three senators were able to force the votes on their resolutions even though GOP leadership opposed them. They needed only a simple majority to pass. 

Senators on both sides of the fight acknowledged on Wednesday before the votes that it would be a tight margin.

“It’s going to be a close vote,” Murphy said.

Echoing that, Sen. John ThuneJohn Randolph ThuneSenate rejects attempt to block Trump’s UAE arms sale Momentum stalls for COVID-19 relief bill GOP senator won’t rule out challenging Electoral College results in Congress MORE (R-S.D.), who voted against the resolutions, also said he thought it would be “close” and that there was a “universe” of Republicans who might vote yes. 

“There’s people who are kind of, I would say, not fully decided yet,” Thune said only hours ahead of the votes.

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Arms sale votes have emerged as a point of contention during the Trump administration.

In 2019, Congress voted to block arms sales to Saudi Arabia and the UAE amid outrage over the death of Washington Post columnist Jamal Khashoggi. But there was not enough support to override Trump’s vetoes. Seven Republicans voted for all or part of the resolutions blocking the arms sale at the time.

Lawmakers have expressed concerns that the sale to the UAE could result in U.S. technology being given to adversaries such as China or erode Israel’s military advantage in the region. The U.S. commitment to Israel’s so-called qualitative military edge is enshrined in a 2008 law.

“Simply put, many aspects of this proposed sale remain conceptual. We are being asked to support a significant transfer of advanced U.S. technology without clarity on a number of key details regarding the sale or sufficient answers to critical national security questions,” Menendez, the top Democrat on the Foreign Relations Committee, said ahead of the vote. 

“There are simply too many outstanding questions about the protection of critical U.S. military technology, the broader implications of these sales to U.S. national security regarding the UAE’s relationships, for example, with Russia and China as they exist today,” he added. 

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Democrats also accused the Trump administration of rushing through the sale on their way out of office. Though the incoming Biden administration could still make changes, lawmakers have expressed concerns that they will be boxed in on some aspects.

But several Republicans who have supported efforts to block previous arms sales stuck with the administration on the UAE votes. Paul was the only Republican to support the resolutions to block the arms sale. 

Members of leadership also urged senators to vote against the resolutions ahead of Wednesday’s vote. 

“It’s a little baffling to suggest that, now of all times, a protest gesture with no chance of obtaining a veto-proof majority is a valuable use of the Senate’s time. But above and beyond that, the strategic realities dictate that Congress should not stand in the way of this sale,” said Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellMembers of Congress should force leadership to hold a COVID-19 relief bill vote On The Money: Momentum stalls for COVID-19 relief bill | Congress barrels toward ‘COVID cliff’ | House passes stopgap bill to avoid government shutdown Senate rejects attempt to block Trump’s UAE arms sale MORE (R-Ky.). 

The administration provided briefings to groups of members ahead of the votes, but, unlike previous arms sale votes, the Senate didn’t have an all-members briefing, which would involve gathering senators together amid a global health pandemic. 

Murphy questioned how familiar his colleagues were on the details ahead of the vote. 

“I worry that they’re not very well read-in,” he said. “It was clearly the strategy of the administration to give as little information as possible. I think if everybody in the Senate got the briefing that we got in the Foreign Relations Committee, there’s no way these resolutions would fail,” he said. 

HAPPY THURSDAY! 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.

Signup for our newsletter and others HERE. 

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GETTING ENERGIZED: The Department of Energy (DOE) on Thursday finalized a rule that allows companies to develop their own methods for testing the energy efficiency of their products.

The agency currently sets forth how companies must test their products to determine whether they meet energy efficiency standards, but under the new proposal, companies would be able to develop their own testing procedures. 

Any petition would also automatically be granted if the agency does not respond in 45 days.

Consumer groups called the rule an invitation for abuse, comparing it to the scheme developed by Volkswagen to skirt emissions standards.

“The new rule opens the door to unscrupulous manufacturers skirting the rules and selling products that use more energy than competing products that follow the rules,” Andrew deLaski, executive director of the Appliance Standards Awareness Project, said in a statement. 

“Under no conditions should a manufacturer be waived from federal test procedure requirements simply by the passage of time,” he continued, adding that companies seeking to use different testing methods should have to get an affirmative response from the agency.

The rule would apply to everything from refrigerator motors to air conditioners to lightbulbs.

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Major manufacturers of lighting, home appliances and plumbing products were largely supportive of the plan when it was first proposed with just a 30-day window for DOE to respond, arguing the timeline would provide certainty to companies and speed up operations at the agency, according to a joint letter from associations representing the three industries.

Read more about the new rule here. 

FED UP: A group of 47 Republican lawmakers raised concerns to the Federal Reserve about steps to mitigate or prepare for the financial impacts of climate change. 

The letter, spearheaded by Rep. Andy BarrAndy BarrOVERNIGHT ENERGY: Energy issues rule allowing companies to develop own efficiency tests for products | GOP lawmakers push back on Federal Reserve’s climate risk efforts GOP lawmakers push back on Federal Reserve’s climate risk efforts Rep. Andy Barr beats back Democratic challenge in Kentucky MORE (R-Ky.) said the U.S. central bank should be cautious in deciding whether to implement climate change “stress tests” on banks, because of the potential impacts on the oil and gas industries. 

“Introducing climate change scenarios into stress tests could accelerate  the ill-advised pattern of “de-banking” legally operating businesses in industries, such as coal and oil and gas,” it said. “Politicizing access to capital and choking off funding to industries that millions of Americans rely on is unacceptable, especially in times of economic and financial uncertainty.”

Stress tests are analyses aimed at ascertaining whether banks are prepared for potential economic shocks. 

The lawmakers also raised issues with the methodology and data that would be used in climate scenarios during these tests. 

They additionally expressed concern about the Fed’s decision to request to join a group of government banks that collaborate on managing the financial risks from climate change. 

Fed Vice Chairman for Supervision Randal Quarles told the Senate Banking Committee that the bank has sought membership with the group, called the Network for Greening the Financial System. 

And asked in February whether he would institute a climate stress test during a House hearing, Fed Chairman Jerome Powell said he would look at a test being done by the Bank of England. 

“We’re monitoring what the Bank of England is doing,” he said. “We haven’t made a decision to proceed with something like that.”

At the same hearing, he also said that climate change plays into the Fed’s work because of “the public’s very reasonable expectation that we would make sure that the financial sector, the banks or the utilities that we supervise, are resilient against the longer-term risks from climate change.”

Read more about the letter here.

HOT TAKES:

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And the horse you rode in on… “Former Secretary Ryan ZinkeRyan Keith ZinkeOVERNIGHT ENERGY: Energy issues rule allowing companies to develop own efficiency tests for products | GOP lawmakers push back on Federal Reserve’s climate risk efforts Overnight 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 Zinke, in official and unofficial portraits, returns to Interior on horseback MORE left office under legal investigation, and his new portrait is entirely consistent with his smug, unethical, condescending tenure at the Interior Department,” House Natural Resources Chair Raul Grijalva (D-A.Z.) said after former Interior Secretary Ryan Zinke’s portrait was unveiled yesterday.

“Setting his formal portrait at Bears Ears National Monument, which he happily dismantled despite the wishes of Native Americans around the country, is nothing more than an intentional final insult to tribes he disrespected from the moment he took office. This portrait is a petty monument to a petty man, and we can only look forward to a court ruling that reverses the damage he did to the landscape he has now abused twice.”

Full coverage … “It’s a political dodge,” Rep. Sean CastenSean CastenChamber-backed Democrats embrace endorsements in final stretch The Hill’s Campaign Report: Buzz builds around Warren for VP Gun control group rolls out House endorsements MORE (D-Ill.) said of the “all of the above” phrase that politicians often tout to show support for a wide array of energy sources — including fossil fuels.

“One of a whole class of terms that folks in my line of work use to provide generalized answers to specific questions that provide enough cover for everyone on all sides of an issue to think you are agreeing with them without actually saying anything.”

A farewell speech… “It wasn’t easy to decide to voluntarily leave this wonderful institution, but I’d long ago decided I didn’t want to get voted out or carried out. I was confident I’d win re-election and my health is good, so I leave on my own terms, feeling good about that which I’ve helped improve in the lives of those who entrusted me election-after-election,” retiring Energy and Commerce Ranking Member Greg WaldenGregory (Greg) Paul WaldenOVERNIGHT ENERGY: Energy issues rule allowing companies to develop own efficiency tests for products | GOP lawmakers push back on Federal Reserve’s climate risk efforts Bipartisan fix for ‘surprise’ medical bills hits roadblock Bipartisan fix for ‘surprise’ medical bills hits roadblock with powerful chairman MORE (R-Ore.) said in his farewell speech on the House floor yesterday.

WHAT WE’RE READING:

Staff bristle at holiday photos with Wheeler during pandemic, E&E reports

Reusing, recycling, rethinking: The Washington region’s first ‘zero waste’ store, The Washington Post reports

Trump administration argues against refiners’ biofuel petition, Reuters reports

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.

 

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NATIONAL SECURITY WARNINGS: The top Republican and Democrat on the Senate Intelligence Committee on Friday warned of Chinese national security threats due to Chinese government efforts to “exert its global dominance.”

The joint statement from Acting Senate Intelligence Committee Chairman Marco RubioMarco Antonio RubioHillicon Valley: Senate Intelligence Committee leaders warn of Chinese threats to national security | Biden says China must play by ‘international norms’ | House Democrats use Markup app for leadership contest voting Trump campaigns as wild card in Georgia runoffs Rubio and Ocasio-Cortez spar on Twitter: ‘Work more, tweet less’ MORE (R-Fla.) and Vice Chairman Mark WarnerMark Robert WarnerHillicon Valley: Senate Intelligence Committee leaders warn of Chinese threats to national security | Biden says China must play by ‘international norms’ | House Democrats use Markup app for leadership contest voting Senate Intelligence Committee leaders warn of Chinese threats to national security Defense policy bill would create new cyber czar position MORE (D-Va.) came a day after Director of National Intelligence (DNI) John RatcliffeJohn Lee RatcliffeHillicon Valley: Senate Intelligence Committee leaders warn of Chinese threats to national security | Biden says China must play by ‘international norms’ | House Democrats use Markup app for leadership contest voting Pompeo imposes visa restrictions on Chinese officials over ‘intimidation’ tactics Senate Intelligence Committee leaders warn of Chinese threats to national security MORE penned an op-ed in The Wall Street Journal describing China as the “greatest threat” to the U.S. since World War II.

The senators’ remarks also came a day after House Intelligence Committee Chairman Adam SchiffAdam Bennett SchiffHillicon Valley: Senate Intelligence Committee leaders warn of Chinese threats to national security | Biden says China must play by ‘international norms’ | House Democrats use Markup app for leadership contest voting Senate Intelligence Committee leaders warn of Chinese threats to national security Barr taps attorney investigating Russia probe origins as special counsel MORE (D-Calif.) put out a similarly strong statement warning of Chinese threats.

“We agree with DNI Ratcliffe that China poses the greatest national security threat to the United States,” Rubio and Warner said. “Our intelligence is clear: the Chinese Communist Party will stop at nothing to exert its global dominance. Beijing’s infiltration of U.S. society has been deliberate and insidious as they use every instrument of influence available to accelerate their rise at America’s expense.”

The committee leaders accused China of threatening U.S. “democratic values” through the Chinese Communist Party’s alleged targeting of “our free speech, politics, technology, economy, military, and even our drive to counter the COVID-19 pandemic.”

They said the U.S. must stand its ground in the face of threats against allies.

Read more here.

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BIDEN WEIGHS IN: President-elect Joe BidenJoe BidenAppeals court OKs White House diverting military funding to border wall construction Federal student loan payment suspension extended another month Pentagon: Tentative meeting between spy agencies, Biden transition set for early next week MORE said on Thursday that China must play by “international norms” when speaking about possible retaliatory action against the country for mishandling the coronavirus pandemic when it first broke out.

During Biden and Vice President-elect Kamala HarrisKamala HarrisBiden officially clinches Electoral College votes with California certification Hillicon Valley: Senate Intelligence Committee leaders warn of Chinese threats to national security | Biden says China must play by ‘international norms’ | House Democrats use Markup app for leadership contest voting Trump campaigns as wild card in Georgia runoffs MORE‘s first joint interview since wining the election, CNN host Jake TapperJacob (Jake) Paul TapperProgressive groups press Biden to pick Black woman solicitor general Hillicon Valley: Senate Intelligence Committee leaders warn of Chinese threats to national security | Biden says China must play by ‘international norms’ | House Democrats use Markup app for leadership contest voting Biden aide seeks to ease concerns about Cabinet diversity MORE asked the pair if China should be “punished” for mishandling and hiding information on the coronavirus pandemic, which originated in Wuhan. Biden has said that he will not immediately lift the tariffs on China that President TrumpDonald John TrumpAppeals court OKs White House diverting military funding to border wall construction Pentagon: Tentative meeting between spy agencies, Biden transition set for early next week Conservative policy director calls Section 230 repeal an ‘existential threat’ for tech MORE put in place.

“The president’s approach to China has been backwards,” said Biden. “I met with [President] Xi [Jinping] more times than anybody had up until the time we left office that I’m aware of.”

Biden said his goal would be to make it “real clear to China there are international rules that if you want to play by, we’ll play with you. If you don’t, we’re not going to play.”

“It’s not about punishing them for COVID virus; it’s about insisting that there be international norms that are established that they play by,” Biden said.

Biden said that he would insist on stopping the theft of national secrets and “artificial intelligence capacity.” He added that the requirement on tech companies to have 51 percent of their partners be Chinese in order to conduct business in the country was “not going to happen in our administration.”

Harris appeared to be more reluctant to make any definite statements.

Read more here.

 

VOTE BY APP: House Democrats used an app called Markup ERVS to cast votes in the caucus’ first-ever virtual leadership elections, a spokesperson for House Democratic Caucus Chairman Rep. Hakeem JeffriesHakeem Sekou JeffriesHillicon Valley: Senate Intelligence Committee leaders warn of Chinese threats to national security | Biden says China must play by ‘international norms’ | House Democrats use Markup app for leadership contest voting House Democrats use Markup app for leadership contest voting House Democrats pick Aguilar as No. 6 leader in next Congress MORE (D-N.Y.) confirmed Friday. 

Democrats had previously disclosed they would be using an app to cast votes virtually during the coronavirus pandemic but had not revealed the name of the app they chose. 

“In order to ensure we could organize our Caucus safely amid the deadly COVID-19 pandemic, House Democrats conducted the first-ever virtual elections for its leadership team and committee chairs using Markup’s ERVS secure voting app on House issued phones,” Jeffries said in a statement. 

“The technology has been incredibly well-received by the Members and we are ready to continue our fight For The People in the next Congress,” Jeffries added. 

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Markup ERVS is a “secure electronic remote voting system” that enables elected officials to record their votes, according to an app store description. Reuters first reported details about the app Democrats used on Friday. 

Markup, a D.C.-based company, launched its remote voting product in March, as the coronavirus pandemic posed increasing issues around gathering in person. 

The Democrats used the secure voting system to cast preferences for assistant Speaker, Democratic Congressional Campaign Committee (DCCC) chair and chairs of various major committees, according to Markup. Democrats nominated Speaker Nancy PelosiNancy PelosiOn The Money: Unemployment gains lower than expected | Jobs report lights fire under coronavirus relief talks Hillicon Valley: Senate Intelligence Committee leaders warn of Chinese threats to national security | Biden says China must play by ‘international norms’ | House Democrats use Markup app for leadership contest voting Bipartisan governors call on Congress to pass coronavirus relief package MORE (D-Calif.) to remain atop the party in a voice vote, which was also conducted remotely. 

Read more here.

 

ICYMI — CYBER CZAR INCOMING: The defense policy bill Congress plans to pass this month now includes language that would create a national cyber director at the White House, Rep. Jim LangevinJames (Jim) R. LangevinHillicon Valley: Senate Intelligence Committee leaders warn of Chinese threats to national security | Biden says China must play by ‘international norms’ | House Democrats use Markup app for leadership contest voting Hillicon Valley: Government used Patriot Act to gather website visitor logs in 2019 | Defense bill leaves out Section 230 repeal, includes White House cyber czar position | Officials warn hackers are targeting vaccine supply chain Defense policy bill would create new cyber czar position MORE (D-R.I.) confirmed to The Hill on Thursday.

The cyber czar would be responsible for coordinating federal cybersecurity priorities and would be a Senate-confirmed post.

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The provision creating the top post is part of the conference report consolidating the House and Senate versions of the 2021 National Defense Authorization Act (NDAA).

Language establishing the position was included in the House-passed version of the NDAA, but the version approved by the Senate only included a clause requiring an “independent assessment” of the “feasibility” of establishing the role.

With its inclusion in the conference report, which is set to be rolled out Thursday, the provision will almost certainly be included in the measure sent to President Trump for his signature after it’s passed by Congress.

Langevin, who introduced standalone legislation to create the position earlier this year, credited inclusion of the provision to strong bipartisan support for creating the post.

Read more here. 

Lighter click: A match made in otter heaven

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An op-ed to chew on: What to expect from state attorneys general during a Biden administration

 

NOTABLE LINKS FROM AROUND THE WEB:

Parler Users Are Gathering on Facebook to Complain About Parler (OneZero / Sarah Emerson)

Tony Hsieh’s American Tragedy: The Self-Destructive Last Months Of The Zappos Visionary (Forbes / Angel Au-Yeung and David Jeans)

Amazon Is Charged With Firing A Worker Just Because She Fought For Better Working Conditions (BuzzFeed / Caroline O’Donovan)

EU privacy role would rein in the hunt for online child sexual abuse (The New York Times / Gabriel J.X. Dance and Adam Satariano)

Former Interior Secretary Ryan ZinkeRyan Keith ZinkeOvernight 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 Zinke, in official and unofficial portraits, returns to Interior on horseback OVERNIGHT ENERGY: EPA proposes reapproving uses of pesticide linked to brain damage in children | Hispanic caucus unhappy with transition team treatment of Lujan Grisham | Schwarzenegger backs Nichols to lead EPA MORE will now be immortalized on the horse he rode in on.

In his official portrait unveiling, Zinke, who famously came to his first day at the agency on horseback, is seen sitting atop a black and white horse, trotting through brush with a tree-lined butte in the background.

The portrait is based on a photo taken of Zinke when he visited Bears Ears National Monument in 2017, a monument in Utah that was later shrunk by the Trump administration.

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Painted by Montana-based artist Brent Cotton, the portrait includes the insignia of Seal Team Six on Zinke’s shoulder and the emblem of U.S. Park Police on the horse’s martingale. The likeness was funded through private donations.

The official portrait was joined by an unofficial portrait that also shows Zinke again on horseback, this time holding a sickle while his horse rears up in response to a fanged snake in the foreground.

The unofficial portrait is based on the painting “Death Dealer 6” by fantasy artist Frank Frazetta, which sold for $1.79 million in 2018 and features a mythic warrior wearing a tri-horned helmet. 

The former Montana congressman had a controversial tenure at the department, ultimately resigning in 2018 amid numerous ethics investigations into his conduct.

The Supreme Court on Tuesday dealt a reality check to President TrumpDonald TrumpTrump calls on Georgia AG not to have other Republicans oppose election lawsuit: report Pennsylvania GOP leader on breaking with Trump on election: ‘I’d get my house bombed tonight’ Lawmakers call for lowering health care costs to address disparities in pandemic MORE’s far-fetched bid to overturn his election loss through the courts, just hours after he implored the justices to clear a path toward his second term despite having lost the race by more than 7 million votes.

To court watchers, it came as no surprise to see the justices deny an emergency bid by Trump-allied Pennsylvania Republicans to nullify President-elect Joe BidenJoe BidenPennsylvania GOP leader on breaking with Trump on election: ‘I’d get my house bombed tonight’ GOP Texas senator questions ‘legal theory’ behind Trump’s lawsuit to challenge state’s election results Nearly 30 staffers, members of Michigan legislature tested positive for COVID-19 this year MORE’s certified victory in the Keystone State — a state Biden won by more than 81,000 ballots.

For Trump, however, the justices’ defiance of his plea prompted a now-familiar refrain amid his series of disappointing post-election court fights, with Trump downplaying the significance of the loss while reassuring supporters that his increasingly desperate legal campaign would ultimately secure his reelection. 

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“This was not my case as has been so incorrectly reported,” Trump wrote on Twitter of the case brought by his GOP allies in Pennsylvania. “The case that everyone has been waiting for is the State’s case with Texas and numerous others joining.”

On Wednesday afternoon Trump asked the Supreme Court for permission to intervene in the audacious petition filed yesterday by Texas. The suit seeks to invalidate the election results from Pennsylvania, Georgia, Michigan and Wisconsin, key battleground states that Biden won on his way to reaching 306 electoral votes.

But election law experts who accurately predicted the Pennsylvania Republicans’ emergency application would be rejected by the Supreme Court said the Texas case will suffer a similar fate.

“I may need to take back what I said about Rep. Kelly’s PA suit being the dumbest case I’ve ever seen filed on an emergency basis at the Supreme Court,” Rick Hasen, a law professor at the University of California, Irvine, wrote on the Election Law Blog. “This new one from the indicted Texas AG Ken Paxton … probably should win that prize.”

Similarly, legal experts expect that even if the Supreme Court were to agree to take up a forthcoming appeal petition from the Pennsylvania Republicans who were rebuffed Tuesday, the justices almost certainly will not intervene before the electors vote to finalize Biden’s victory next week.

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According to some legal scholars, it became clear in the days after the Nov. 3 vote that the Trump campaign lacked the kind of claims and evidence needed for a court to overturn the result of the 2020 presidential race.

“Since then, all that has happened is that the claims have gotten more outlandish, the better lawyers have fled the campaign, and judges of all stripes — federal and state, whether appointed by Democrats or Republicans, including Trump appointees — have administered the formal death rites to this attempt,” Rick Pildes, a law professor at New York University, previously told The Hill.

If the walls were already closing in on Trump’s post-election legal strategy, the fast-approaching Dec. 14 Electoral College meetings, plus Tuesday’s repudiation by the Supreme Court, have only accelerated the pace.

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.

Trump’s legal team has 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.

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“Frankly, this is a case we would like to see get to the Supreme Court,” Trump lawyer Rudy GiulianiRudy GiulianiNearly 30 staffers, members of Michigan legislature tested positive for COVID-19 this year Steve Kornacki to be on ‘Sunday Night Football’ for the rest of the season Witness Mellissa Carone says she’s not self-quarantining after Giuliani’s COVID-19 diagnosis MORE said last month after a loss in a Pennsylvania election lawsuit. “So, you know, we’re prepared in some of these cases to lose and to appeal and to get it to the Supreme Court.”

But the Trump legal team’s strategy of resetting expectations and building hopes around the justices was severely undercut by the justices’ move on Tuesday. And if experts’ predictions are borne out, the Supreme Court — also known as the United States’s court of “last resort” — will represent a kind of terminus that no amount of rhetorical goal post-moving can budge.

Perhaps deepening Trump’s sense of disappointment Tuesday was the fact that the court’s order denying the Pennsylvania GOP bid came shortly after he implored the justices to grant relief in his favor.

“Let’s see whether or not somebody has the courage, whether it’s a legislator or legislatures, or whether it’s a justice of the Supreme Court or a number of justices of the Supreme Court,” Trump said during a coronavirus vaccine summit. “Let’s see if they have the courage to do what everybody in this country knows is right.”

Hours later, however, the justices issued an unsigned order siding against Trump’s allies. The denial carried no noted dissents — including from any of the three justices appointed by Trump.

World Health Organization (WHO) Director-General Tedros Adhanom Ghebreyesus said Friday the world can start to “dream” about the end of the coronavirus pandemic as vaccine trials show promising early results.

Ghebreyesus, speaking during the United Nations General Assembly’s first high-level session on the pandemic, said the health crisis has produced “inspiring acts of compassion and self-sacrifice, breathtaking feats of science and innovation, and heartwarming demonstrations of solidarity, but also disturbing signs of self-interest, blame-shifting and divisions.”

He went on to say the distribution of a vaccine will be an opportunity for the world to come together to defeat COVID-19.

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“With positive results in recent weeks from vaccine trials, the light at the end of the tunnel is growing steadily brighter. Although the path ahead remains treacherous, we can begin to dream [about] the end of the pandemic,” he said. 

“But let me be clear: we simply cannot accept a world in which the poor and marginalized are trampled by the rich and powerful in the stampede for vaccines. This is a global crisis, and the solutions must be shared equitably as global public goods, not as private commodities that widen inequalities and become yet another reason some people are left behind. We shouldn’t leave anyone behind.”

The WHO chief specifically called for $4.3 billion to be invested to support the mass procurement and delivery of vaccines and said that $23.9 billion is needed for 2021. 

The remarks come amid an international surge in cases, with more than 66 million infections and 1.5 million fatalities worldwide since the start of the pandemic.

Ghebreyesus sounded the alarm over countries “where science is drowned out by conspiracy theories, where solidarity is undermined by division, where sacrifice is substituted with self interest, the virus thrives, the virus spreads” and that the pitfalls are steep if a vaccine is not equitably distributed. 

“We cannot and we must not go back to the same exploitative patterns of production and consumption, the same disregard for the planet that sustains all life, the same cycle of panic and meddling and the same divisive politics that fueled this pandemic,” he said.

Christopher Krebs, the nation’s former top cybersecurity official, said in an interview broadcast late Monday that 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 is a “big part of the disinformation” around the presidential election, noting 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 (CISA), 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. 

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“We all just for some reason think that democracy is resilient and can withstand this sort of attack,” Krebs 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.” 

Krebs was fired by Trump as part of a larger purge of top agency officials that included CISA Deputy Director Matthew Travis and top cybersecurity official Bryan Ware being asked to step down by the White House. Former CISA Executive Director Brandon Wales now serves as the agency’s acting director.

CISA is the key agency involved in coordinating election security activities with state and local election officials, along with ensuring the security of the nation’s other critical infrastructure sectors. 

Krebs came under fire by Trump after CISA, along with other state and local officials, put out a joint statement describing the 2020 election as the “most secure in American history,” and after the agency stood up a “rumor control” website to help correct disinformation and misinformation around the election process. 

Krebs has also been threatened in the weeks since he left CISA, with Trump reelection campaign lawyer Joe diGenova calling for Krebs to be “taken out at dawn and shot” during a radio interview earlier this month.

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Officials on both sides of the aisle condemned diGenova for his comments, which the attorney later told The Washington Post were “sarcastic and made in jest.”

Krebs said last week that he was looking into legal action and on Tuesday filed suit against diGenova, accusing him and the Trump campaign of defamation and inflicting emotional distress.

The interview with Axios is the latest in a round of appearances Krebs has undertaken since being fired by Trump. He strongly condemned death threats made against himself and other election officials during an interview with the Post last week, describing these threats as “undemocratic.”

“There aren’t good words to describe how un-American and undemocratic it is that the actual individuals responsible for the process of this most sacred democratic institution of elections are the ones that are getting the blowback here,” Krebs said last week.

Former WWE Superstar Brad Maddox recently spoke with F4WOnline.com about his WWE release and being frustrated while in the company. Below are some of the highlights from the interview.

On if using the word ‘prick’ in a dark match promo got him fired:

“It was because of that…That particular night was a bad decision on my behalf…I didn’t think anything of it, but Vince wasn’t happy about that. I don’t know if it’s a generational word that maybe used to be worse than it is now….I didn’t really think it through, but I should have been more careful in that moment because I knew Vince was watching. I tend to take chances at stupid times.”

On being frustrated in WWE:

“It has been a long couple of years for me, working on angles and ideas trying to get (back) in. I’ve always wanted to wrestle…Absolutely, I wanted to wrestle from the get go…I could have talked to Vince more than I did, rather than sitting around in catering hoping that the writers were coming up with something for me.”

On practicing promos with Vince McMahon and Stephanie McMahon:

“I’ve got to do some cool stuff. Going over promos with Vince in his office, or the bathroom of his office – for some reason! – with him and Daniel Bryan and Stephanie.”

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