Our congressional delegation this last week – when not writing at the top of their lungs about funding that’s still frozen or Elon Musk’s prying eyes or just the basic rule of law – has been looking across the aisle and partnering on legislation. There’s also some confirmation vote news, and a caucus withdrawal too.
So, let’s get right into it. Here’s the highlight reel for what our U.S. Senators Ron Wyden and Jeff Merkley, and Our U.S. Rep. Val Hoyle have been up to this last week…
Hoyle this week…
Better to have tried, than not: On Thursday, Hoyle announced that she has left the House’s Department of Government Efficiency, or DOGE Caucus with the following statement:
“My responsibility as a Representative is to be a good steward of my constituents’ tax dollars, and I take that job seriously. I joined the DOGE Caucus to ensure there was a voice in the room for working people and to protect Americans’ earned benefits, while also making the government more streamlined and efficient. I believe that many of my colleagues joined the caucus for the same reason and are operating in good faith.”
“However, it is impossible for us to do that important work when unelected billionaire Elon Musk and his lackeys insist on burning down the government—and the law—to line his own pockets and rip off Americans across the country who depend on government services to live with dignity.”
“From risking the delivery of Social Security payments, to corruptly accessing Americans’ personal data at the Department of Treasury, and using intimidation tactics to terrorize the hard-working public servants who deliver these services, it is apparent that he sees DOGE’s work is to find funds to give tax breaks for billionaires at the expense of working people, not about doing right by them. As a result, I have made the decision to leave the DOGE Caucus.”
Wyden’s week…
If an algorithm does it – it’s still price fixing: On Thursday, Wyden joined numerous Senate colleagues to introduce legislation that would prevent companies from using algorithms to collude to set higher prices. This legislation builds off legislation Wyden introduced last year to crack down on companies that help landlords increase rents in already high-priced markets.
“Collusion is collusion, whether you do it over the phone or using an algorithm. This legislation, along with my End Rent Fixing Act, will send a strong message to corporations that they won’t get away with coordinating to ratchet up prices on consumers,” said Wyden.
As recent reporting, a Justice Department lawsuit, and multiple private lawsuits have shown, big corporations are using algorithms to raise prices and limit competition. This includes companies like RealPage that have facilitated collusion to increase rents by more than $3 billion in 2023 alone. This legislation would make such collusion illegal to lower costs for families and support small businesses.
Price fixing and other forms of collusion are illegal under current antitrust laws. However, current antitrust laws may be insufficient when competing companies delegate their pricing decisions to an algorithm without agreeing to fix prices. Current law requires proof of an agreement to fix prices before condemning the conduct. When pricing decisions of multiple competitors are delegated to a single algorithm, that agreement may not exist even though the use of the algorithm may have the same effect as a traditional agreement to fix prices. This type of conduct has already occurred in rental housing.
To strengthen current price fixing law, this Preventing Algorithmic Collusion Act would do the following:
- Close a loophole in current law by presuming a price-fixing “agreement,” when direct competitors share non-public information through a pricing algorithm to raise prices;
- Increase transparency by requiring companies that use algorithms to set prices to disclose that fact and give antitrust enforcers the ability to audit the pricing algorithm when there are concerns it may be harming consumers;
- Ban companies from using non-public, competitively sensitive information from their direct competitors to inform or train a pricing algorithm;
- Direct the Federal Trade Commission to study pricing algorithms’ impact on competition.
When someone is unlikely to answer, sometimes you still ask: On Wednesday, Wyden along with a number of Democratic Senators, demanded White House Chief of Staff Susie Wiles answer questions about the acute risks posed to national security by letting unvetted ‘DOGE’ staff rifle through Americans’ private data and classified government materials.
He and they have demanded the administration provide details to Congress about how DOGE staff and representatives are being vetted for security clearance; which systems, records and information are being shared; and what steps the administration is taking to safeguard them from misuse or disclosure.
“According to press reports, DOGE inspectors already have gained access to classified materials, including intelligence reports, at the United States Agency for International Development (USAID), sensitive government payment systems, including for Social Security and Medicare, at the Treasury Department, and federal personnel data from the Office of Personnel Management. Further, as of today the scope of DOGE’s access only seems to be expanding, as reports indicate DOGE has now entered the Department of Labor and other agencies,” the senators wrote. “No information has been provided to Congress or the public as to who has been formally hired under DOGE, under what authority or regulations DOGE is operating, or how DOGE is vetting and monitoring its staff and representatives before providing them seemingly unfettered access to classified materials and Americans’ personal information.”
“As you know, information is classified to protect the national security interests of the United States. Government employees and contractors only receive access to such information after they have undergone a rigorous background investigation and demonstrated a ‘need to know.’ Circumventing these requirements creates enormous counterintelligence and security risks,” warned the senators. “For example, improper access to facilities and systems containing security clearance files of Intelligence Community personnel puts at risk the safety of the men and women who serve this country. In addition, unauthorized access to classified information risks exposure of our operations and potentially compromises not only our own sources and methods, but also those of our allies and partners. If our sources, allies, and partners stop sharing intelligence because they cannot trust us to protect it, we will all be less safe.”
The senators added, “Unclassified government systems also contain sensitive data, the unintended disclosure of which could result in significant harm to individuals or organizations, including financial loss, identity theft, and exposure of medical and other private personal information. The U.S. Treasury payment systems, in particular, are used to disburse trillions of dollars each year, and contain everyday Americans’ personal information, such as Social Security numbers, home addresses, and bank accounts. Allowing DOGE access to this information raises unprecedented risks to Americans’ private personal and financial information.”
“Such unregulated practices with our government’s most sensitive networks render Americans’ personal and financial information, and our classified national secrets, vulnerable to ransomware and cyber-attacks by criminals and foreign adversaries. The recent unprecedented Salt Typhoon and Change Healthcare attacks that affected tens of millions of Americans further underscore the importance of rigorously fortifying our government systems,” the senators cautioned.
Finally, the senators also noted there are strict cybersecurity controls in place for federal networks which DOGE does not seem to be following, including by reportedly connecting personal devices to sensitive government systems and using personal emails. The senators concluded, “To underscore, DOGE seems to have unimpeded access to some of our nation’s most sensitive information, including classified materials and the private personal and financial information of everyday Americans. In light of such unprecedented risks to our national and economic security, we expect your immediate attention and prompt response.”
The White House is unlikely to respond.
Hard no on Gabbard: On Tuesday, Wyden voted against advancing Tulsi Gabbard’s nomination to serve as director of national intelligence in the Senate Select Committee on Intelligence today.
“Tulsi Gabbard’s statements, writings, and record since she left Congress show that she views issues of national security and foreign intelligence primarily through an extreme partisan lens. Disturbingly, Ms. Gabbard refused to commit to opposing an illegal order from Donald Trump, in response to my question at her confirmation hearing. I am not convinced that she would stand up to demands to defund intelligence community oversight bodies, fire intelligence officials for perceived disloyalty to Donald Trump, or grant Elon Musk’s DOGE henchmen access to sensitive systems and materials,” Wyden said.
“During her confirmation process, however, I was encouraged by her commitments related to FISA, encryption, protections for whistleblowers and journalists, and numerous other topics. If Ms. Gabbard is confirmed by the full Senate, it is my intention to hold her to these commitments.”
Merkley’s week…
Rural health bipartisanly: On Wednesday, Merkley announced he had joined Cindy Hyde-Smith (R-Miss, to introduce legislation to build on their efforts to bring a sharper focus on rural health needs by permanently authorizing the Office of Rural Health within the Centers for Disease Control and Prevention (CDC).
The bipartisan Rural Health Focus Act (S.403) would authorize the CDC Office of Rural Health, which was established in the Consolidated Appropriations Act, 2023. Hyde-Smith and Merkley, who both serve on the Senate Appropriations Committee, have been the driving force behind pushing the CDC to create the Office of Rural Health.
“People living in rural areas, like so many do in Mississippi, continue to face disparities and challenges in accessing basic health care. A big part of the problem is the lack of understanding about the severity of the problem in urban areas and among too many policymakers. We believe that establishing a permanent Office of Rural Health within the CDC can help to improve this situation,” Senator Hyde-Smith said.
“So often, we rely on one-size-fits-all solutions to health challenges in our communities, especially for folks in rural communities facing unique hurdles in providing and accessing the health care they need and deserve,” Senator Merkley said. “Our bipartisan bill supports the CDC’s Office of Rural Health—which I created with Senator Hyde-Smith—providing crucial health resources for our rural communities. This is an issue I frequently hear from Oregonians about, and I’ll keep fighting to ensure rural communities get national policymakers’ attention to the problems they face.”
Statutory authorization of the CDC Office of Rural Health would improve opportunities for Congress to provide regular funding and support for better coordination of rural health programs. Congress provided $5.0 million in FY2024 appropriations to support this CDC office.
The Rural Health Focus Act would direct the head of the CDC to name a director of the Office of Rural Health who, among other things, would:
- Serve as the primary point of contact in the CDC on matters pertaining to rural health.
- Work with all CDC personnel and offices to develop, refine, coordinate, and promulgate policies, best practices, lessons learned, and innovative, successful programs to improve care and services (including telehealth) for rural populations.
- Identify disparities in the availability of health care and public health interventions for rural populations.
- Award and administer grants, cooperative agreements, and contracts to provide technical assistance and other activities as necessary to support activities related to improving health and health care in rural areas.
Hyde-Smith and Merkley introduced similar authorizing legislation in the 118th Congress. Also, we wrote ‘bipartisanly’ and are pretty sure that’s actually word.
Looking to tame wildfire health impacts: Last Friday, Merkley joined U.S. Rep. Mike Thompson (CA-04) to introduce the Smoke and Heat Ready Communities Act—legislation to protect communities across the country from the hazardous health, economic, and environmental impacts of severe wildfire smoke and extreme heat events. Thompson introduced the bill in the House and Merkley introduced the companion bill in the Senate.
“Californians know firsthand the impact breathing wildfire smoke can have on our health,” said Rep. Thompson. “As wildfire smoke and extreme heat become more and more common, the Smoke and Heat Ready Communities Act will help experts better research the impact of wildfire smoke on our communities and provide communities the resources they need to keep Americans safe.”
“When the 2020 Labor Day fires broke out, I drove over 600 miles across Oregon and never once escaped the thick layer of dark smoke that blanketed the state, which threatened public health and dampened everyday life for those under its hazardous plumes,” said Senator Merkley. “We must ensure Americans are prepared in the face of dangerous smoke and heat that ravage our communities during these deadly disasters. As climate chaos continues to worsen the impacts of natural disasters like wildfires, I’ll keep pushing for research and resources—like the millions in federal funding I secured for smoke readiness last year—to combat this crisis.”
Here’s some background… Wildfire smoke contains hazardous pollutants that pose serious health risks, especially for children, the elderly, and individuals with pre-existing heart or lung conditions. Exposure can cause immediate symptoms—like wheezing, burning eyes, and difficulty breathing—while also aggravating chronic respiratory and cardiovascular diseases. The effects of this toxic smoke can linger long after the fires are extinguished, with some studies illustrating that major wildfires are followed by more severe flu seasons.
The Smoke and Heat Ready Communities Act provides federal grant funding to states and their efforts to improve air quality. This funding would invest in measures that protect against the harmful effects of wildfire smoke and extreme heat. The bill also encourages research, development, and implementation of strategies to mitigate the impacts of these environmental hazards and support healthy communities.
“People with asthma and COPD are at risk for breathing emergencies after exposure to wildfire smoke or dangerous heat,” said Lynda Mitchell, CEO of Allergy & Asthma Network. “If you inhale particles of wildfire smoke or breathe in hot and humid air filled with allergens or irritants, it can cause your airways to become inflamed and lead to coughing, wheezing and shortness of breath. More than 25 million people have asthma and 24 million live with COPD in the United States – these are life-threatening chronic diseases that are worsened by poor air quality. Allergy & Asthma Network supports the Smoke and Heat Ready Communities Act to improve our country’s air quality and readiness for wildfire smoke and extreme heat.”
“Extreme heat and wildfire smoke are among the most impactful environmental air quality factors in many communities. Poor air quality makes it more difficult for allergists to manage our patients who suffer from asthma. This legislation will make it easier for the EPA to support state and local government in their management of these issues which will make it easier for us to care for our patients. ACAAI endorses this legislation and applauds Congressman Thompson and Senator Merkley for their leadership on this important issue,” said Todd Mahr, MD, Executive Medical Director, American College of Allergy, Asthma and Immunology.
“Smoke and extreme heat are dangerous threats to health that are unfortunately becoming much more common for communities across the country. Providing states and communities funding to prepare for and communicate timely information about the impacts of wildfire smoke and heat will help protect peoples’ health. These extreme weather events are a reality that necessitate the health-focused response this legislation provides,” said Harold Wimmer, President and CEO, American Lung Association.
“There is an urgent and desperate need for funding for research on how wildfire smoke impacts our health and particularly the health of our children, who are uniquely vulnerable to air and chemical pollution. When wildfires consume entire houses, cars, and businesses, everything in them burns and goes into the air. Much of our lives is made up of plastics now, from the clothes we wear to the materials we use in construction. Think PVC pipes and vinyl siding. They contain toxic chemicals, and when they burn, people breathe them in during and after fires—and that air drifts. We cannot fix problems without proper data. We need to know what’s in wildfire smoke—besides, potentially, everything,” said Dominique Browning, Director and Co-Founder, Moms Clean Air Force.
The bill is currently endorsed by the Allergy and Asthma Network; the American College of Allergy, Asthma and Immunology; the American Lung Association; and Moms Clean Air Force.
The bill text is available here.
Merkley and Wyden Jointly…
Head Start Funds still disrupted, action demanded: On Wednesday, Wyden and Jeff Merkley said they are joining colleagues to demand answers and action from the Trump administration about the acute financial impacts and lingering uncertainty faced by Head Start programs in Oregon and nationwide following the Office of Management and Budget’s memo that froze funding government-wide, and as many Head Start programs continue to be locked out of their funding.
The letter signed by Wyden, ranking member of the Senate Finance Committee, and Merkley, ranking member of the Senate Budget Committee, went to Acting Secretary of Health and Human Services Dorothy A. Fink, M.D. and Acting Director of the Office of Head Start Captain Tala Hooban.
“Head Start programs cannot pay their teachers and staff and continue normal operations without the assurances of payment processing and notices of grant renewals and awards,” wrote the senators. “This will impact children, families, and communities across the country, particularly the rural communities where these programs represent a large share of the child care options.”
While the White House later clarified that Head Start would not be targeted by the funding freeze and the OMB later rescinded its memo, Head Start programs temporarily could not access the Payment Management System to use their allocated federal funds, with many still facing disruptions. As a result, Head Start programs nationwide have not had funding disbursed in a timely manner – imperiling their ability to pay staff and keep educational and child care programs up and running.
“Even if this issue extends beyond the Office of Head Start, we urge you to do everything in your power to ensure these programs receive transparent and frequent communication on the progress of their funds being released. Head Start programs operate on razor-thin margins and cannot survive without timely intervention. Children, families, employees, and educators all depend on these critical federal funds,” the senators continued.
Lastly…
The Senate confirmed Project 2025 co-author Russell Vought as the White House’s budget director on Thursday night. The night before, U.S. Senate Democrats gave an overnight series of floor speeches to highlight their opposition to President Donald Trump’s then nominee to lead the Office of Management and Budget.
We think Wyden’s speech from the overnight is worth a watch, but if you’re an especially impatient soul, at least listen the part about Elon Musk, it starts at the 5:50 mark.
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