The PACT Act: An essential first step in protecting those who protect us

President Biden was finally able to get it done — for Beau. 

We don’t know definitively that Beau Biden’s cancer was caused by exposure to burn pits during his time in Iraq, but we do know that millions of veterans can now count on getting the treatments they need for chronic illness from exposure to burn pits. 

Burn pits are large areas where military waste is incinerated in the open air. Chemicals, weapons and ammunition, metals, medical and human waste, plastics and rubber are all burned, often with jet fuel as an accelerant, resulting in toxic pollution. A 2020 survey by the advocacy organization Iraq and Afghanistan Veterans of America found that 86 percent of respondents were exposed to these burn pits or other toxins during their service.  

The PACT Act, H.R. 3967 (117), requiring the Department of Veterans Affairs to cover care for toxic exposure related to burn pits during military service. While the importance of this legislation cannot be overstated, it begs the question: What should be done for those here at home who risk their health every day to keep us safe?  

As Elizabeth Beck, a former army reservist who served in Iraq described it during the signing event, “You saw the burn pits. You smelled the burn pits. You felt the burn pits in your body.”  

Her words are not too different than that of the aftermath of a housefire as described by Thomas Magliano, a retired firefighter who was diagnosed with lung cancer after a simple screening — thanks to a unique partnership between RUSH University Medical Center and the Chicago Firefighters Union Local 2. Firefighters, regardless of regional location, have a 60 percent increased risk of developing lung cancer. 

“When you’re looking for hot spots or hidden fires in the fire buildings, you can take your mask off. But that asbestos and insulation and smoke from the plastic is still lingering in the air, so you’re breathing in these toxic fumes — you’re still getting exposed to it.” 

As a thoracic surgeon, I am trained to diagnose and treat lung cancer. A cancer diagnosis is a life-changing event for both patients and their families. Unfortunately, by the time I meet most patients, their cancer is at a later stage, having spread beyond the lung. This alters my role from sharing the joy of cure, to breaking the devastating news that a patient’s disease is more difficult to treat and unlikely to be curable.  

Smoking remains the greatest risk factor for developing lung cancer. We are also learning more about how environmental factors, such as where we live and work, impact the risk of developing lung cancer and other lung diseases. The International Agency for Research on Cancer has identified at least a dozen carcinogens linked to lung cancer that are routinely encountered in various occupations. 

Soldiers. First responders. Selflessly dedicating one’s life to the protection of others, apparently, is a risk factor for lung cancer.  

Lung cancer is the leading cause of cancer-related death worldwide. It kills almost three times as many men as prostate cancer, and almost three times as many women as breast cancer. And while it’s easy to feel powerless in the face of these odds, there is hope. The number of lung cancer deaths are decreasing, and the reason is early detection. Early detection of lung cancer in high-risk patients can reduce the chance of death by up to 20 percent.  

For people who are at higher risk of developing lung cancer, there is an easy screening that can provide peace of mind or save your life. A low dose computed tomography (CT) scan uses X-rays and a smaller dose of radiation to take images of the lungs in an average of 10 minutes. It is often covered by insurance for this high-risk population. Currently, the screening is available for people 50 to 80 years old who are current smokers and those who quit within the previous 15 years. It is estimated that approximately 8 million Americans are at high risk for lung cancer, yet we currently are screening only about 5 percent of those individuals. That means there are more than 7 million people we could be saving. Talk to your primary care doctor, who can let you know if you are a candidate and help you schedule a screening.  

Passage of the PACT Act is an important step in protecting those who protect us. But it should only be the first step. It is time to not only ensure our first responders are cared for should they develop chronic illnesses while on the job — but also that we make it as easy as possible to receive life-saving screenings before things get that far. 

Nicole M. Geissen is Associate Program Director of the Cardiothoracic Residency Program and assistant professor at the Department of Cardiovascular and Thoracic Surgery, Rush Medical College. 

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Energy & Environment — Major climate bill becomes law

President Biden signed a major climate, tax and health care package into law. Meanwhile, states in the West failed to reach a water-sharing agreement.  

This is Overnight Energy & Environment, your source for the latest news focused on energy, the environment and beyond. For The Hill, we’re Rachel Frazin and Zack Budryk. Someone forward you this newsletter? Subscribe here. 

Biden signs Inflation Reduction Act into law

President Biden signed into law a sweeping bill to lower health care costs and address climate change on Tuesday, sealing a legislative victory more than a year in the making.  

The $740 billion bill was significantly slimmed down from the original
$3.5 trillion package some envisioned last fall but nevertheless represents an undeniable win for Biden and Democrats in Congress. It includes some of Biden’s key campaign promises and makes the largest investment in federal climate programs in history. 

“With unwavering conviction, commitment, and patience, progress does come,” Biden said in the State Dining Room as he prepared to sign the legislation. “And when it does, like today, people’s lives are made better, and the future becomes brighter and a nation can be transformed.” 

Biden was introduced by House Majority Whip James Clyburn (D-S.C.) and Senate Majority Leader Charles Schumer (D-N.Y.). Sen. Joe Manchin (D-W.Va.), who negotiated with Schumer to move the package forward, sat in the front row at the signing and was the only other senator in attendance. He received a round of applause when Schumer credited him with getting the legislation across the finish line.

  • Biden said he looked forward to signing the bill for 18 months and was flanked by lawmakers when he did so, handing the first pen dramatically off to Manchin.  
  • Transportation Secretary Pete Buttigieg, Energy Secretary Jennifer Granholm, Health and Human Services Secretary Xavier Becerra, Environmental Protection Agency Administrator Michael Regan, deputy national climate adviser Ali Zaidi and Reps. Frank Pallone Jr. (D-N.J.) and Kathy Castor (D-Fla.), among others, attended the event at the White House.  

The room gave a long standing ovation for Biden when he got to the podium. He wore a mask in the room when he wasn’t speaking because first lady Jill Biden tested positive for COVID-19 earlier on Tuesday.  

A refresher: The bill passed through party-line votes in the Senate and House in recent weeks; no Republicans voted in favor of the package. 

By 2030, the law is expected to bring U.S. planet-warming emissions down to between 32 and 42 percent lower than they were in 2005 through many of its provisions to promote the deployment of clean energy, according to several recent analyses. It also contains provisions that boost fossil fuels, which were included to secure the support of Manchin.  

  • Democrats view the climate change provisions in particular as game-changing investments.  
  • “It will make the U.S. a global clean energy powerhouse and very likely we will look back on this as the start of a clean energy economic revolution in the same way we look back at the early 1990s as the IT revolution,” said Josh Freed, leader of the climate and energy program at centrist Democratic think tank Third Way. 

Read more here from The Hill’s Alex Gangitano and Morgan Chalfant. 

Feds cut Colorado River allocations as talks fail 

States along the Colorado River have officially missed a federally imposed deadline to develop a new water-sharing agreement, and the federal government on Tuesday announced new water allocation reductions, including nearly 25 percent in cuts to Arizona.  

  • The Colorado River basin serves seven states — an Upper Basin of Colorado, New Mexico, Utah and Wyoming, and a lower one of Arizona, California and Nevada — and its waters are allocated based on the terms of a century-old agreement from when there was substantially more water in the river. 
  • Meanwhile, the region is facing a 20-years-and-counting drought, the worst in centuries. 

In June, the Interior Department gave the states 60 days to agree on a new allocation plan for an additional 15 percent reduction on top of expected federal reductions before the federal government stepped in. That period expired Tuesday.  

The cuts: In a news conference Tuesday, federal Bureau of Reclamation officials announced cuts to the yearly water allocation to Arizona and Nevada, as well as Mexico, which is also party to the compact. The bureau will withhold about 21 percent of Arizona’s yearly water allocation next year, as well as 8 percent of Nevada’s. 

California will not see its allocation affected, and no immediate changes are planned for the Upper Basin. 

  • “Everything blew up” in negotiations last week, Kyle Roerink, executive director at the Great Basin Water Network, told The Hill in an interview.   
  • “You had some parties bringing a good chunk of water to the table. Others didn’t even want to be bothered with coming to the table with anything meaningful,” Roerink said. As a result, as of Monday evening, the states had not reached an agreement “as the nation’s largest reservoirs rapidly deplete themselves.”  

In January, Lake Mead will be at the level required for a Tier 2 shortage, 1,050 feet below sea level, for the first time ever, according to federal officials.  

Roerink called the breakdown a microcosm of the poor relations among stakeholders on the river. The major players, whom he dubbed the “water buffaloes,” have “touted their ability to collaborate and coordinate and negotiate in a civilized manner, but if the last week is any indicator, folks are not singing ‘Kumbaya,’ they are sharpening their knives,” he said.   

Rather than negotiate towards a mutually beneficial agreement, he said, parties have been focused on reaching an arrangement that benefits them at the expense of others. 

Read more about the lack of an agreement here. 

OFFICIALS NEARLY DOUBLING ELECTRIC BUSES ON THE ROADS

The Biden administration said on Tuesday that it is nearly doubling the number of zero-emission buses on the road through funding from the bipartisan infrastructure law.  

The Federal Transit Administration (FTA) announced $1.66 billion in grants to transit agencies, territories and states that will facilitate the purchase of 1,800 new buses. Of those, 1,100 will be zero-emission vehicles and will nearly double the number of zero-emission buses on the roads, the FTA said in a press release.  

“With today’s awards, we’re helping communities across America – in cities, suburbs, and rural areas alike – purchase more than 1,800 new buses, and most of them are zero-emission,” Transportation Secretary Pete Buttigieg said in a written statement.  

The funds represent the first of five years of investments that will total $5.5 billion. 

Transportation is the greatest contributor to climate change in the U.S., representing 27 percent of the country’s total greenhouse gas emissions.  

Read more about the announcement here.  

WHAT WE’RE READING

  • Oil output in Permian to rise to record high in September -EIA (Reuters
  • Central Idaho’s Mackay Dam is an ‘accident waiting to happen,’ officials say (The Idaho Statesman
  • A historic climate-fueled drought in Europe revealed ominous, centuries-old ‘hunger stones’ warning of hardship (Business Insider
  • Falling Oil Prices Defy Predictions. But What About the Next Chapter? (The New York Times
  • California Braces for 109-Degree Heat That Will Test Grid (Bloomberg

ICYMI

❗ Lighter clickA new red panda cub!

That’s it for today, thanks for reading. Check out The Hill’s Energy & Environment page for the latest news and coverage. We’ll see you tomorrow. 

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Equilibrium/Sustainability — NYC real estate races to curb carbon emissions

New York developers are scrambling to curb big-building carbon emissions, as a deadline to clean up the city’s towering real estate gradually approaches.

Amid escalating temperatures, extreme weather conditions and rising seas, the city council passed a law in 2019 aimed at slashing the greenhouse gas emissions that are responsible for climate change, The New York Times reported.

The main purpose of the law is to set limits for large buildings, as the city’s million properties collectively generate almost 70 percent of its carbon emissions, according to the Times. That’s because most of the energy that provides heating, cooling and lighting comes from fossil fuels.

There are now just 16 months left until about 50,000 buildings need to meet the first thresholds — subject to fines that could reach millions of dollars annually if they fail to do so, the Times reported. 

While the city estimates that most of the properties will be in compliance by that date — Jan. 1, 2024 — there are still 2,700 buildings in that group that need to fix their heating systems, replace leaky windows and install energy-efficient lighting, according to the Times.

Larger real estate companies have generally been making the necessary adjustments, but many “mom-and-pop” ventures are still figuring out what they need to do and how they will pay for these renovations, the Times reported.

“We don’t really know what our obligations are and what our penalties are going to be,” Debbie Fechter, whose family-owned business has four buildings in Manhattan subject to the law, told the Times.

Welcome to Equilibrium, a newsletter that tracks the growing global battle over the future of sustainability. We’re Saul Elbein and Sharon Udasin. Send us tips and feedback. Subscribe here.

Today we’ll look at new supply cuts coming to the Colorado River, and how heat is bringing China’s enormous factories to a halt. Plus: Why fossil fuel industry plans for the end of oil involve more climate change than world leaders have said they’ll accept.

Feds announce new Colorado River supply cuts

The Bureau of Reclamation announced on Tuesday that both Arizona and Nevada — as well as Mexico — must further cut back their Colorado River allocations.

Less water, more shortages: The decision occurred amid a “23-year ongoing historic drought and low runoff conditions in the Colorado River Basin,” a statement from the Bureau said.

Less available runoff means that downstream releases from the Glen Canyon and Hoover dams — which create the Lake Powell and Lake Mead reservoirs — must be decreased in 2023.

Arizona and Nevada will therefore be weathering a second year of added shortage declarations.

A result of climate change: “The worsening drought crisis impacting the Colorado River Basin is driven by the effects of climate change, including extreme heat and low precipitation,” Interior Department Deputy Secretary Tommy Beaudreau said in a statement.

Cross-border resource: The Colorado River system irrigates nearly 5.7 million acres of agriculture and supplies water to more than 40 million people across seven states and Mexico, as we previously reported.

In the U.S., the system is divided into Upper and Lower basins, the former of which includes Colorado, New Mexico, Utah and Wyoming, and the latter of which includes Arizona, Nevada and California.

The river’s management is governed by a variety of interstate compacts, as well as a binational treaty and relevant amendments.

Significant cutbacks: The Bureau of Reclamation declared in a news conference on Tuesday that it would withhold about 21 percent of Arizona’s Colorado River water next year, as well as 8 percent of Nevada’s supply, our colleague Zack Budryk reported for The Hill.

California will not see any reductions, nor will Upper Basin states for the time being.

Mexico will face a 7-percent supply cut.

Lake Mead will plunge to the level required for a “Tier 2 shortage” — or 1,050 feet below sea level — for the first time this January.

Some uncertainty remains: In addition to these agreed-upon reductions, the Bureau of Reclamation said on Tuesday that the basin states missed a deadline to propose at least 15 percent more cuts to keep water levels at Lake Mead and Lake Powell from plunging further, The Associated Press reported. 

More conservation needed: The Bureau “has made it clear” that the basin requires “new conservation commitments to just stabilize Powell and Mead,” veteran water reporter Luke Runyon tweeted.

Already agreed: “The cutbacks announced today are spelled out in existing agreements. This isn’t new conservation,” he added, noting that the federal government has yet to detail how it plans to achieve further conservation. 

To read the full story, please click here.

China’s heat wave shutters global manufacturing hub

China’s Sichuan province has shut down all factories in the region for six days, with hopes of easing a power shortage amid a nationwide heat wave, CNN reported.

A hit to electronics: Among the plants to close their doors are some of the world’s biggest electronics companies, such as Apple supplier Foxconn and chipmaker Intel, according to CNN.

Sichuan is a global manufacturing hub for the semiconductor and solar panel sectors.

Because province also houses China’s lithium mining industry, the closures could drive up the cost of the raw material — a key component of electric vehicle batteries.

Worst heat wave in decades: China is currently experiencing its strongest heat wave in 60 years, with temperatures rising above 104 degrees Fahrenheit in many cities, CNN reported.

The scorching heat has caused a surge in demand for air conditioning, which has in turn put pressure on the power grid.

Ongoing drought conditions have also depleted river water levels, which has reduced electricity produced at hydropower plants.

Pressure on iPad supplies: While a variety of supply chains could face some disruption due to the heatwave, the factory closures could put particular pressure on iPad production.

The shutdown is occurring just before Apple’s annual product launch, the South China Morning Post reported.

For the time being, a Foxconn representative said that “the impact has been limited.”

But a securities analyst told the Hong Kong-based newspaper that this could change if similar such incidents occur in the next few months.

The impacts of climate change: The Sichuan factory closures “reflect how climate change is intensifying China’s economic challenges,” according to The Washington Post.

Officials have said that China is unlikely to reach its 5.5 percent growth target for the year and may have to rely more on coal for power, the Post reported. And burning coal, in turn, further heats the planet.

A river runs dry: Temperatures in China have been so hot this summer that the country’s longest river, the Yangtze, is shrinking in size, according to Reuters.

Regions that depend on the river for water are therefore beginning to deploy pumps and other technologies, Reuters reported.

One southwestern municipality has resorted to launching rockets whose purpose is to “seed” clouds and induce rainfall, according to Reuters.

Fossil fuel energy plans break climate agreement

The fossil fuel industry’s vision for the world’s transition to renewables would still destabilize our ability to adapt to climate change and potentiall lead to dangerous temperatures this century, a new study has found.

Three major oil companies are betting on  an energy transition scenario in which the world continues to use fossil fuels — and temperatures do not level off — till the late 2000s, according to a paper published on Tuesday by nonprofit research Climate Analytics.

“Most of the scenarios we evaluated would be classified as inconsistent with the Paris Agreement as they fail to limit warming to ‘well below 2 [̊degrees Celsius], let alone 1.5 [degrees Celsius],” co-author Robert Brecha of Climate Analytics said in a statement, referring to the terms of a pivotal 2015 climate change accord.

The plans envision futures where the world “would exceed the 1.5 degrees C warming limit by a significant margin,” Brecha added.

Why that matters: “Even temporarily exceeding the 1.5 [degrees Celsius] warming would lead to catastrophic impacts and severely weaken our ability to adapt to climate change,” Bill Hare, chief executive of Climate Analytics said.

Climate Analytics’s findings also suggest that while oil producers are planning for the end of fossil fuels, they are betting that it won’t happen quickly.

Inside the plans: Oil companies, like many other business and governmental groups, prepared detailed models of what a world transition off of fossil fuels might look like.

By calculating the carbon emissions that would be released under scenarios published by Equinor, British Petroleum, Shell and the International Energy Agency, Climate Analytics predicted how much they would warm the planet.

The scenario from Equinor — the Norwegian oil company — would peak warming at 1.73 degrees Celsius in 2060.

BP’s scenario peaks at 1.73 degrees Celsius in 2058

Shell’s scenario brings a peak of 1.81 degrees Celsius in 2069.

Only the International Energy Agency’s models peaked temperatures below 1.5 degrees Celsius — and that institution has been vocal about the need to cease new fossil fuel development.

Checking their work: Robin Lamboll, of Imperial College London, acknowledged the positive steps the companies have taken in planning for the end of fossil fuels but advised that policymakers exercise some skepticism.   

“It’s important that we don’t allow oil companies to mark their own work when providing suggestions for how the world can transition away from fossil fuel,” Lamboll said in the statement.

Splitting the difference on renewables, fossil fuels

Billions of dollars in new funding from the Inflation Reduction Act could help boost the carbon capture industry — seen by the fossil fuel industry as a means of keeping its assets operating longer in a climate-conscious world.

The Inflation Reduction Act — which President Biden signed into law on Tuesday — boosts tax credits for every ton of captured carbon dioxide from $50 per ton to $85, as Time Magazine reported.

“It really can’t be [overstated] how meaningful 85 [dollars per ton] is to the industry at large,” carbon capture startup executive Steve Lowenthal told Time, adding that it had transformed the technology from curiosity to necessity.

Saving coal? In one test site in Wyoming, the technology could help keep coal-burning power plants online longer, geologist Fred McLaughlin told The Associated Press .

A longer lifespan for coal-burning means more money for Wyoming, which produces 40 percent of the nation’s supply.

“Saving that industry is possible, McLaughlin argued, stressing that “the geology exists.”

Meeting Wall Street demands: Carbon capture technology, like hydrogen fuels, is right at the midpoint between fossil fuels and clean energy.

Those are two sectors of the energy system that the financial industry, like the climate bill, refuses to choose between, The Wall Street Journal reported.

Both fossil fuel and green projects took in about $570 billion in financing last year.

“The answer is not either-or. It’s all of the above,” Megan Starr of private equity firm Carlyle Group said.

Prolonging the inevitable? “We are getting to a point where it’s inconceivable that you can continue to have your cake and eat it, too,” Rachel Kyte, dean of the Fletcher School at Tufts University, told the Journal.

Tuesday Troubles

Flash floods prompt water rescues in West Virginia, climate change creates a new kind of “compound” deluge and Germany is inundated with dead fish.

Flash floods in West Virginia require dozens of rescues

  • Considerable flooding in two West Virginia counties prompted dozens of water rescues on Monday and ravaged at least two bridges, The New York Times reported, citing local officials. The floods uprooted trees, washed away cars and damaged at least 100 homes, according to the Times.

Kentucky floods example of rising, dangerous weather phenomenon

  • The floods that devastated eastern Kentucky at the end of July were examples of a new kind of compound climate disaster: the multiform flood, according to the Union of Concerned Scientists. That’s what happens “when different types of floods — caused by rain, overflowing rivers, storm surge, tidal flooding, and/or ice melt — happen simultaneously or in rapid succession,” a climate scientist for the group explained.

Thousands of dead fish float through Germany

  • German officials deployed aquatic barriers on Monday to contain the carcasses of tens of thousands of fish floating down the Oder River — and demanded their Polish counterparts figure out its cause, The Associated Press reported. Eighty tons of dead fish have been pulled from the Oder, which the two countries, according to the AP.

Please visit The Hill’s Sustainability section online for the web version of this newsletter and more stories. We’ll see you tomorrow.

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Cheney ahead of Wyoming primary: 'The beginning of a battle’ for democracy

Rep. Liz Cheney (R-Wyo.) on Tuesday warned that the future of American democracy is at stake as voters headed to the polls in her state’s primary, in which she’s facing off against a challenger backed by former President Trump and House Republican leadership.

Cheney, standing alongside her father, former Vice President Dick Cheney, told CBS News in an interview that regardless of the outcome of the primary, she expects the battle for the democracy to “go on.” 

“Well, look, I think today no matter what the outcome is certainly the beginning of a battle that is going to continue, is going to go on,” Cheney said. 

Asked by CBS’s Robert Costa what was at stake in the election, the Wyoming congresswoman said the country’s democracy is “under attack and under threat,” adding that Republicans, Democrats, and Independents alike have an “obligation” to continue the fight to preserve the country’s system of government.

“I think have an obligation to put that above party. And I think that fight is clearly going to continue to and clearly going to go on,” Cheney added. 

Cheney, who is the vice chairwoman of the House select committee investigating the Jan 6., 2021, attack on the Capitol, is facing an uphill battle to retain her congressional seat against Harriet Hageman, who was endorsed by former President Trump.

Cheney was one of the ten Republicans who voted to impeach Trump for his role in the Capitol insurrection, was also ousted from her leadership position with the House Republican Conference due to staunch defiance toward the former president.

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Singer Kehlani ends show early over fan safety concerns

Singer Kehlani ended her Monday night concert in Philadelphia early after several fans appeared to pass out in the crowd.

Videos from the performance showed the singer stopping the event at the Mann Center’s Skyline Stage to try to get medical attention for those who needed it.

“They need an EMT, ASAP,” she said into the microphone, instructing the crowd to shine their phone flashlights in the area where help was needed.

She then ended the concert early, citing her concern for everyone’s safety.

“I can’t have this. This is not okay. I don’t feel comfortable. I don’t feel okay,” the singer says in a video posted to Twitter. “I don’t feel like anybody is safe right now.”

The singer later addressed the incident in her Instagram stories, praising the venue staff.

“Thank you so much to the venue and staff for your diligence and swift care for everyone in my audience,” she wrote.

The concert was only cut short by about 5 minutes and no one was taken to a hospital, a venue spokesperson told Rolling Stone.

The incident occurred almost a year after the deadly Astroworld tragedy in Houston last November, which raised awareness for increased concert safety protocols.

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On The Money — Biden signs sweeping economic bill into law

President Biden just signed sprawling legislation into law to lower health care costs and address climate change, notching a significant win. We’ll also look at how commercial investors have been taking advantage of the hot housing market, the Biden administration’s latest round of student debt forgiveness and more.  

But first, the NBA announced a no-games day as part of a new effort to get people to vote. 

Welcome to On The Money, your nightly guide to everything affecting your bills, bank account and bottom line. For The Hill, we’re Aris Folley and Karl Evers-Hillstrom. Subscribe here.

Biden signs expansive health, climate bill into law

President Biden signed into law a sweeping bill to lower health care costs and address climate change on Tuesday, sealing a legislative victory more than a year in the making.  

The $740 billion bill was significantly slimmed down from the original $3.5 trillion package some envisioned last fall, but nevertheless represents an undeniable win for Biden and Democrats in Congress. It includes some of Biden’s key campaign promises and makes the largest investment in federal climate programs in history. 

  • The White House has pointed to the bill as a way to lower costs for American families during a period of high inflation, though some of the provisions of the bill that will ultimately lower prescription drug costs will take years to go into effect.  
  • The bill would pay for climate and health measures by introducing new taxes on large corporations with the package’s tax plan involving a 15 percent minimum tax on the income that big companies report to shareholders. The tax would exempt companies taking advantage of accelerated depreciation, a popular deduction that helps pay for capital investments, which was included to secure the support of Sen. Kyrsten Sinema (D-Ariz.). 
  • Still, Democrats view the climate change provisions in particular as game-changing investments. By 2030, the law is expected to bring U.S. planet-warming emissions down to lower than they were in 2005 through many of its provisions to promote the deployment of clean energy.  

Next steps: Biden’s signing of the bill is expected to kick off a multistate tour to promote the legislation and other administration accomplishments, with less than three months until the November midterm elections.  

Biden, who is headed home to Wilmington, Del., on Tuesday night for the remainder of his summer vacation, is scheduled to attend a Democratic National Committee event in Maryland next Thursday. The president is also expected to host another event early next month to celebrate the passage of the bill.  

The Hill’s Alex Gangitano and Morgan Chalfant have more here

LEADING THE DAY

Real estate trusts pay out big home dividends as builders bemoan ‘housing recession’ 

Dividends paid out on single-family homes owned by real estate investment companies have jumped more than 44 percent since last year, showing how commercial investors are taking advantage of a hot housing market that’s pricing out middle-income and first-time homebuyers. 

Real estate investment trusts (REITs) paid out $212 million in dividends in the second quarter of this year on single-family homes, up 44.2 percent from $147 million last year, according to a report released Monday by the National Association of Real Estate Investment Trusts trade group.  

  • Dividends paid out on the residential sector as a whole were up almost
    10 percent on the year, while dividends on mortgage-backed REITs increased more than 15 percent. 
  • The payouts come as the U.S. faces what many lawmakers are describing as a national housing crisis, driven by skyrocketing home prices, rising mortgage rates and a dearth of new constructions in the wake of the coronavirus pandemic. 
  • The median price of a house sold in the U.S. was up 15 percent to $440,300 in the second quarter of 2022 from $382,600 in the same period last year, according to the Federal Reserve Bank of St. Louis. Home prices are up more than 33 percent since just before the pandemic, and the 30-year fixed mortgage rate now stands at 5.22 percent, down from a June high of
    5.81 percent. 

Despite the premium prices and shortage of units, contractors and construction companies are hesitant to start building, citing apprehension on the part of consumers and an environment of rising interest rates. 

National Association of Home Builders (NAHB) economist Robert Dietz went so far as to label the current situation a “housing recession.” 

There’s more here from The Hill’s Tobias Burns. 

SEE ALSO: New poll finds 62 percent of Americans worried about paying for housing in the next year 

STUDENT DEBT CANCELLATION 

Education Dept. discharges $3.9 billion of student debt for 208,000 borrowers

The Education Department on Tuesday announced plans to discharge $3.9 billion in federal student loans for 208,000 borrowers in its latest round of relief. 

The office said the discharge would apply to any remaining federal student loans that the borrowers received to attend ITT Technical Institute, which closed in September 2016, from January 2005 onward. 

  • The move follows previous decisions by the administration to approve loan discharges for borrowers to attend ITT, after the office said the institute was found to have “engaged in widespread and pervasive misrepresentations related to the ability of students to get a job or transfer credits.” 
  • The department also charged the institute with “lying about the programmatic accreditation of ITT’s associate degree in nursing,” citing extensive internal records, testimony from staff and first-hand accounts from borrowers. 

Aris has more details here

SEE MORE: Fiscal watchdog argues against Biden student debt action 

WORKERS WALK OFF

160 Amazon workers walk off jobs at California hub 

One hundred and sixty Amazon employees walked out of a San Bernardino, Calif., warehouse this week, demanding higher wages and better working conditions.

“We’ve been organizing for a $5 pay increase, safe working conditions, and an end to retaliation at the KSBD warehouse,” Inland Empire Amazon Workers United (IEAWU) said Monday, adding that its repeated demands for change at the facility have been ignored. 

  • The facility, referred to as KSBD, is one of Amazon’s largest facility’s on the West Coast and one of only three “air hubs” in the U.S. The company uses the facility to transport packages to its warehouses across the country.  
  • The union said that 900 workers at the facility have signed a petition asking the company to raise its hourly base pay rate to $22 an hour, up from the current $17 an hour base pay rate. The union also raised concerns about working in dangerous heat conditions, which it says has resulted in illness. 

The Hill’s Olafimihan Oshin breaks it down here.

Good to Know

As the school year begins, the IRS is telling educators that they can deduct up to $300 of out-of-pocket classroom expenses, the first increase in two decades

The special educator expense deduction increase is the first since it was enacted in 2002 with a $250 annual limit, and the IRS said in a release this month it will continue to rise in $50 increments to adjust for inflation. 

Here’s what else we have our eye on: 

  • The Food and Drug Administration (FDA) on Tuesday finalized a rule allowing hearing aids to be sold over the counter.   
  • Meta, the parent company of Facebook, pledged to remove misinformation about voting and invest an additional $5 million in fact-checking ahead of the midterm elections, according to a Tuesday blog post.  
  • States along the Colorado River missed a federally imposed deadline to develop a new water-sharing agreement, and the federal government on Tuesday announced new water allocation reductions, including nearly 25 percent in cuts to Arizona. 
  • Boston Mayor Michelle Wu (D) wants to ban the use of fossil fuels in new buildings. 
  • American automobile company Dodge is discontinuing production of its widely popular gas-powered muscle cars. 
  • TikTok pushed back on claims that a top House official made last week about security concerns related to the social media platform. 

That’s it for today. Thanks for reading and check out The Hill’s Finance page for the latest news and coverage. We’ll see you tomorrow. 

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Colorado judge orders Trump legal adviser to appear in Georgia probe

A Colorado judge has ordered attorney Jenna Ellis to travel to testify before the Georgia special grand jury investigating whether former President Trump attempted to overturn the 2020 election results in the state.

Judge Gregory Lammons of Colorado’s eighth judicial district approved a request to compel Ellis to travel from her Colorado home to Georgia to testify, CNN reported Tuesday.

Ellis was subpoenaed in July along with several other Trump allies and legal advisers, including Rudy Giuliani, John Eastman and Cleta Mitchell.

In the July subpoena, shared by Georgia Public Broadcasting, Ellis is identified as “an attorney for the Trump Campaign’s legal efforts seeking to influence the results of the November 2020 election in Georgia and elsewhere.”

Fulton County District Attorney Fani Willis (D) noted actions by Ellis that appear to be “part of a multi-state, coordinated plan by the Trump Campaign to influence the results of the November 2020 election in Georgia and elsewhere.”

Ellis reportedly authored memos advising that then-Vice President Mike Pence disregard the electoral college votes certified by Congress for “contested” states like Georgia, according to the subpoena. 

Willis also noted a December 2020 appearance by Ellis before the Georgia State Senate, during which she shared a video “that purported to show election workers producing ‘suitcases’ of unlawful ballots from unknown sources, outside the view of election poll watchers.”

The video was shortly thereafter discredited and the fraud claims were dismissed, but the subpoena alleges Ellis continued to make election fraud claims. 

Sen. Lindsey Graham (R-S.C.), Rep. Jody Hice (R-Ga.), Georgia Gov. Brian Kemp (R) have also been subpoenaed to appear before the Georgia special grand jury. 

Former New York City mayor Giuliani was informed Monday that he’s a main focus of the probe, and his testimony is expected later this week.

The Hill has reached out to Willis in Georgia as well as Colorado’s eighth judicial district for more.

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Defense & National Security — Congress wants answers on Junior ROTC programs

U.S. lawmakers have started a review into the military’s Junior Reserve Officers’ Training Corps (JROTC) programs following reports last month alleging that dozens of teenage girls were abused by their instructors. 

We’ll share what’s come to light on the program and what lawmakers are asking for. Plus: Democrats’ new tactic to try to get the Department of Homeland Security to provide documents related to its investigation into missing Secret Service texts from Jan. 6, 2021, and details on the Air Force’s most recent ballistic missile test launch. 

This is Defense & National Security, your nightly guide to the latest developments at the Pentagon, on Capitol Hill and beyond. For The Hill, I’m Ellen Mitchell. Subscribe here.

Congress reviewing sexual misconduct allegations

In a letter sent on Monday to Defense Secretary Lloyd Austin and the service secretaries, lawmakers asked for information on how the Pentagon conducts oversight of its JROTC programs to make sure leaders, instructors and administrators can’t abuse the cadets under their supervision.

“Every incident of abuse or harassment committed by a JROTC instructor against a cadet is completely unacceptable and represents an abject betrayal of the trust and faith these young men and women placed in the U.S. Military, its culture, and its values,” wrote House Committee on Oversight and Reform Chairwoman Carolyn Maloney (D-N.Y), and Rep. Stephen Lynch (D-Mass.), chairman of the panel’s subcommittee on national security. 

A major investigationThe New York Times last month released a sprawling investigative report that found dozens of retired service members who became leaders in JROTC programs targeted and sexually abused or harassed underage girls.

Over a five-year period, the Times found at least 33 such instructors who were criminally charged with sexual misconduct involving students, as well as numerous others who were accused of misconduct but never charged.

Limited oversight: But the JROTC programs — which for more than a century have provided American students with leadership training in about 3,500 high schools nationwide — have little oversight and minimal training for their instructors.  

What’s more, many states don’t require the instructors to have a college degree or teaching certificate, and schools are tasked with the burden of monitoring instructors and investigating complaints, according to the Times.   

The lawmakers’ requests: “While all JROTC instructors are required to complete a DOD [Department of Defense] background investigation and be certified by state or local education authorities, we remain concerned that DOD and the military services lack an effective means to monitor the actions of JROTC instructors and ensure the safety and well-being of cadets,” the lawmakers wrote. “Without sufficient oversight mechanisms in place, inappropriate behavior may continue undetected.”  

The lawmakers also asked the Department of Defense to give the committee’s staff a briefing by the end of the month on how it conducts oversight of its JROTC programs and the instructors. 

Read the full story here 

Dems threaten to force DHS watchdog to cooperate

Two top House Democrats are slamming the inspector general of the Department of Homeland Security (DHS) over his refusal to provide documents to House committees related to his investigation into missing Secret Service texts from Jan. 6, 2021.  

Reps. Carolyn Maloney (D-N.Y.), the chair of the House Oversight and Reform Committee, and Bennie Thompson (D-Miss.), the chair of the House Homeland Security Committee, said in a letter on Tuesday to DHS Inspector General Joseph Cuffari that he has refused to produce documents related to their probe into his office’s handling of the investigations. 

‘Alternate measures’: They said if Cuffari continues to refuse to cooperate, they will need to consider “alternate measures” to ensure his compliance.  

Earlier: The letter follows one that Cuffari sent last week in response to two previous requests from Maloney and Thompson that he provide additional information about the office’s Jan. 6 investigations and that he step aside from the probe. Cuffari’s letter was made public on Tuesday.  

In his letter, Cuffari said the Office of the Inspector General (OIG) has informed Congress about multiple access issues that his office has experienced with the department since last year. He said he and his team briefed Thompson, who also serves as the chair of the House select committee investigating the Capitol insurrection, on July 15 about the issues the office has had in investigating Jan. 6. 

Hand it over: Maloney and Thompson said in their letter Tuesday that they have written to Cuffari on three occasions since May to request documents and information related to his conduct as inspector general. The first one in May involved allegations that his office censored findings of domestic abuse and sexual harassment by DHS employees.  

But the most recent controversy facing DHS and the OIG is the revelation last month that text messages that Secret Service agents sent on Jan. 5 and 6, 2021, were deleted apparently during a device replacement program. The nonprofit Project on Government Oversight obtained a document late last month showing that text messages from former acting Homeland Security Secretary Chad Wolf and his deputy, Ken Cuccinelli, sent in the days surrounding Jan. 6 were also missing. 

Lawmakers have raised questions about why Cuffari did not notify Congress, and specifically relevant committees investigating the insurrection, sooner. 

Read the full story here 

Air Force tests ICBM after delay over China tensions

The Air Force on Tuesday said it had successfully tested an intercontinental ballistic missile (ICBM) nearly two weeks after postponing the launch amid increased tensions with China over Taiwan.  

The details: The unarmed Minuteman III, which is capable of holding a nuclear payload, was launched at 12:49 a.m. Pacific Time from Vandenberg Air Force Base, Calif., with its reentry vehicle landing roughly 4,200 miles away near the Marshall Islands, according to a statement from Air Force Global Strike Command.  

The statement said the test demonstrated U.S. readiness and reliability as well as the “expertise of our strategic weapons maintenance personnel and of our missile crews who maintain an unwavering vigilance to defend the homeland.” 

‘Routine and periodic’: The Air Force also stressed that the launch was part of routine and periodic activities and “not the result of current world events,” with such tests occurring more than 300 times before.   

An earlier delay: The Pentagon in early August held off for a second time a planned ICBM test launch after China held live fire exercises in the Taiwan Strait in response to Speaker Nancy Pelosi’s (D-Calif.) visit to the island.  

Beijing launched the war games as a message to Washington, which has pursued strategic ambiguity toward Taiwan and is committed to aiding the independently governed island in defending itself against China.   

China, however, considers Taiwan part of its territory and has repeatedly refused to rule out using force to bring it under control of the mainland. 

 
Read that story here 

ON TAP FOR TOMORROW

  • The Institute for Defense and Government Advancement will hold Day 1 of its “Counter Unmanned Aerial Systems Summit,” at 8:50 a.m.  
  • The Hudson Institute will host a discussion on “From Fist Bumps to Missile Fire: One Month since President Biden’s Middle East Trip,” at 10 a.m.  
  • The National Council of Resistance of Iran will hold a conference on “Tehran’s nuclear agenda on the 20th anniversary of Natanz revelation,” with former Sen. Joe Lieberman (I-Conn.); former White House national security adviser John Bolton; and former Undersecretary of State for Arms Control and International Security Robert Joseph, among others, at 10:30 a.m.

WHAT WE’RE READING

OP-EDS IN THE HILL

That’s it for today! Check out The Hill’s Defense and National Security pages for the latest coverage. See you tomorrow!

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Health Care — Landmark drug pricing legislation signed into law

This is not a repeat of the famous Michael Crichton novel, or movie that bears its name. A “de-extinction” CRISPR startup is hoping to get justice for the Tasmanian tiger by bringing it back from the dead. Life, uh, finds a way. 

Today in health care, President Biden signed into law the Inflation Reduction Act, a measure aimed at lowering prescription drug prices, among many other sweeping provisions. 

Welcome to Overnight Health Care, where we’re following the latest moves on policy and news affecting your health. For The Hill, we’re Peter SullivanNathaniel Weixel and Joseph ChoiSubscribe here.

Biden signs expansive health, climate bill 

President Biden signed into law a sweeping bill to lower health care costs and address climate change on Tuesday, sealing a legislative victory more than a year in the making.  

The $740 billion bill was significantly slimmed down from the original $3.5 trillion package some envisioned last fall, but nevertheless represents an undeniable win for Biden and Democrats in Congress. It includes some of Biden’s key campaign promises and makes the largest investment in federal climate programs in history. 

“With unwavering conviction, commitment, and patience, progress does come,” Biden said in the State Dining Room as he prepared to sign the legislation. “And when it does, like today, people’s lives are made better and the future becomes brighter and a nation can be transformed.” 

Long-sought drug pricing victory for Democrats: The bill will allow Medicare to negotiate prices for some drugs, giving Democrats a victory over the pharmaceutical industry that has long opposed such measures.  

It will put a cap on insulin prices in Medicare, and penalize drug companies that raise prices higher than the rate of inflation for Medicare drugs. 

Key senator: After the ceremony, Biden gave the pen he used to sign the bill to Sen. Joe Manchin (D-W.Va.).  

Read more here. 

Officials want to offer hearing aids over the counter

The Food and Drug Administration (FDA) on Tuesday finalized a rule allowing hearing aids to be sold over the counter, a move that would help nearly 30 million people.   

The Biden administration touted the announcement as helping make hearing aids more affordable.   

Timeline: Hearing aids available over the counter could be available as soon as mid-October in retail and drug stores, the administration said.   

“As early as mid-October, Americans will be able to purchase more affordable hearing aids over the counter at pharmacies and stores across the country,” President Biden said in a statement.  

  • The FDA noted that Congress passed legislation on over-the-counter hearing aids in 2017, but it was not fully implemented until now.   
  • The rule allows people with mild to moderate hearing loss to purchase a hearing aid over the counter “without the need for a medical exam, prescription or a fitting adjustment by an audiologist,” the FDA said. 

Bipartisan backing: “Five years after our bipartisan Over-the-Counter Hearing Aid Act became law, consumers with mild to moderate hearing loss will finally have access to affordable over-the-counter hearing aids,” Sens. Chuck Grassley (R-Iowa) and Elizabeth Warren (D-Mass.) said in a joint statement.  

Read more here

POLL: MOST SAY THEY DIDN’T TAKE PRECAUTIONS BEFORE VACATIONS 

Few Americans who reported taking a vacation in the past three months took extra steps to avoid a COVID-19 infection prior to their trip, according to a new Axios-Ipsos poll

The poll found that exactly half of the respondents reported taking a vacation or trip in the past three months. 

  • Of those respondents, 24 percent said they wore a mask indoors more frequently before the trip. Twenty-seven percent said they limited dining and other indoor events, while 22 percent said they limited seeing people outside of their household before their trips. 
  • Nearly half of respondents — 45 percent — said they washed their hands more frequently before their vacations, and roughly a quarter — 26 percent — said they took an at-home COVID-19 test. About 17 percent said they worked from home more frequently. 

Most respondents said taking a vacation does not pose a major risk to their health or well-being. Just 11 percent said doing so poses a large risk, while more than half said it poses a small or no risk. 

Air travel has surged in recent months to the highest level seen since the start of the pandemic. More than 2 million passengers are passing through the nation’s airports on an average day, according to the Transportation Security Administration. 

Reported COVID-19 cases have declined in recent days after peaking at roughly 130,000 daily cases in mid-July, although the true count is likely larger due to at-home positive test results that aren’t reported to health authorities. 

Read more here.

DOG TESTS POSITIVE FOR MONKEYPOX 

 medical journal has published evidence of the first suspected case of human-to-pet transmission of the monkeypox virus. 

A dog living with two men in France who were infected with the virus began exhibiting symptoms 12 days after they did, according to The Lancet. The 4-year-old male Italian greyhound, which had no previous medical disorders, tested positive after showing symptoms such as lesions and pustules on its abdomen. 

Through DNA testing, researchers determined the viruses infecting the two men and the dog were both monkeypox. 

Since they became symptomatic, the two men had kept their dog away from other people and other pets but had slept with the animal in their bed. 

“Our findings should prompt debate on the need to isolate pets from monkeypox virus-positive individuals,” the report reads. 

What health officials have said: The Centers for Disease Control and Prevention (CDC) has warned against possible human-to-pet transmission in its monkeypox guidance. 

“Infected animals can spread Monkeypox virus to people, and it is possible that people who are infected can spread Monkeypox virus to animals through close contact,” the guidance reads

Read more here

First lady tests positive for COVID-19 

First lady Jill Biden has tested positive for COVID-19 while on vacation with President Biden and other family members in South Carolina, the White House announced Tuesday. 

  • “After testing negative for COVID-19 on Monday during her regular testing cadence, the First Lady began to develop cold-like symptoms late in the evening. She tested negative again on a rapid antigen test, but a PCR test came back positive,” Elizabeth Alexander, the first lady’s communications director, said in a statement. 

Another BA.5 breakthrough: The first lady is fully vaccinated and has received two booster shots. She has mild symptoms, the White House said, and will start taking Paxlovid, an antiviral drug that has proven effective at preventing serious cases of COVID-19. 

  • “She is currently staying at a private residence in South Carolina and will return home after she receives two consecutive negative COVID tests,” Alexander said in a statement. 

The president tested negative on Tuesday after taking a rapid test, White House press secretary Karine Jean-Pierre tweeted. 

“Consistent with CDC guidance because he is a close contact of the First Lady, he will mask for 10 days when indoors and in close proximity to others. We will also increase the President’s testing cadence and report those results,” Jean-Pierre tweeted. 

Read more here

WHAT WE’RE READING

  • “A hunger games contest”: how unforced errors hobbled America’s monkeypox response (Vanity Fair
  • Monkeypox misinformation spreading faster than the virus, experts say (NBC News
  • New ‘candy’ e-cigs catch fire after U.S. regulators stamp out Juul’s flavors (Reuters
  • Pregnancy tests are routine before many surgical procedures. But Dobbs has raised the stakes of a positive result (Stat

STATE BY STATE

  • WVa governor: Voters shouldn’t decide abortion access issue (Associated Press
  • Buy a rural hospital for $100? Investors pick up struggling institutions for pennies (NPR
  • Even in ‘bull’s-eye’ New England region for Lyme, disease often flies under radar (New Hampshire Public Radio

THE HILL OPEDS

It’s time for a discussion about life after being born in America 

That’s it for today, thanks for reading. Check out The Hill’s Health Care page for the latest news and coverage. See you tomorrow.

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Why Congress needs to pass an imperfect, temporary extension for DACA

A decade ago, the U.S. began accepting applications from young immigrants for the Deferred Action for Childhood Arrivals (DACA) program. Hundreds of thousands of teens and young adults who came to the U.S. as children without legal status lined up to apply. Now, roughly 610,000 DACA recipients still rely on two-year extensions to live and work in the only country they know — all  while the program itself is challenged again in the courts. Without timely congressional intervention that provides interim protection, Dreamers might start being deported.

Last month, a three-judge panel in the 5th U.S. Circuit Court of Appeals in New Orleans heard oral arguments led by the Texas attorney general, who argued that the DACA program exceeded executive authority and cost Texas hundreds of millions of dollars. Conversely, the U.S. Justice Department defended the program, fighting an uphill battle against a federal judge in Texas ruling one year ago declaring DACA illegal. In the interim, current DACA recipients are still allowed to apply for renewals, but new applicants are out of luck. Regardless of the Fifth Circuit’s outcome (expected this fall), it will be appealed to the Supreme Court, which could rule by the summer of 2023.

There is little doubt that SCOTUS will refrain from terminating the DACA program, which quickly creates a scenario where hundreds of thousands of eligible DACA recipients are left without legal status. For current DACA recipients, they’ll likely have until the expiration of their extension — less than two years — before they lose legal status too.

Today’s Dreamers are professionals, parents, homeowners, and prominent members of their communities. Still, their future is more precarious than ever. The potential expulsion of this population would have devastating and lasting economic, financial, familial, and societal repercussions.

Terminating the work authorization for employed DACA recipients will have enormously negative consequences that ripple throughout the country and all sectors of the economy. The American Action Forum finds DACA recipients contribute nearly $42 billion to annual GDP and have a net positive fiscal impact of $3.4 billion annually. 

There are also implications for families. More than a quarter of DACA recipients are married, and more than one-third have children. Ninety-nine percent of those children are U.S. citizens. And 75,000 DACA recipients have mortgages. 

In light of these facts, where is Congress? Despite DACA recipients enjoying bipartisan support among Republican and Democratic lawmakers and their constituents, codifying the program has remained politically out of reach. With a packed legislative calendar and a widening gulf between parties on how to secure the border, hammering out a robust immigration package is off the table this Congress. 

And still, candidates — from the far-right to progressives — are campaigning on immigration messages. For years, Democrats have campaigned on protecting Dreamers, promising significant returns on providing permanent legal status, not only for the DACA-eligible populations but also their parents. By promising quixotic outcomes to Dreamers, Democrats have effectively cut off potential negotiations with the (admittedly limited) cadre of Republicans who could coalesce aroundputting this issue behind them.

And it’s true that many Republicans also support the legalization of Dreamers who arrived as children. But they have been hampered by strategic moves by anti-immigration proponents who insist on drastic changes to asylum and overhauls to other legal immigration provisions. 

The less-than-ideal option now is for lawmakers to acknowledge the political realities and refocus their efforts on reducing the harm associated with the pending termination of DACA, the implications to workers and employers, and the enormous negative repercussions for families, businesses, and communities. 

Crowding the narrow solution to include larger populations, parents, the border, or asylum is a recipe for disaster and ultimate inaction. Rather, by the end of the year, Congress must focus on passing a narrow, temporary extension of legal status and work authorization for current DACA recipients and the growing number of applicants the district court blocked from processing their applications.

This solution is admittedly unsatisfying, imperfect, and temporary. But with court decisions looming and Republican leadership refusing to help Dreamers in the next Congress, a flawed bill is better than no bill. 

We must stop playing roulette with people’s lives and their children’s futures and hope this solution will open the door to negotiations on permanent status in light of a pending Supreme Court decision. Moreover, it should spur future conversations that address the myriad immigration issues desperately in need of reform. Postponing these crucial conversations may seem ineffectual, but it’s the most significant action Congress can realistically administer this year,  given political, legal, and policy realities. 

We need action to preserve the ability of Dreamers to work and live in the U.S. The only deal lawmakers, advocates, and Dreamers should be encouraging is the one that can pass. Anything less, at this point, is political malpractice. 

Kristie De Peña, Niskanen’s vice president for policy and director of immigration and Matthew La Corte, government affairs manager for immigration policy.

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