VOL. 39, NO. 5 SEPTEMBER/ OCTOBER 2019 NEWS Lobbying On Medicare for All Skyrockets BY MIKE STANKIEWICZ 2018 and the first quarter of opponents are trying to leverage and front groups.” s Medicare marked its 54th 2019, according to a June report their political power to beat back Nine of the 10 entities with Aanniversary in July, the move- by Public Citizen. Major oppo- Medicare for All, not on the mer- the most lobbyists working on ment to improve and expand the nents, including Big Pharma and its, but through insider lobbying see Medicare, page 4 popular program and provide for-profit insurers, now view universal health care to everyone Medicare for All as a legitimate continued to grow. threat. But as Medicare for All gains “Insurance corporations, Big traction, industry forces that Pharma and the for-profit hospi- profit from the current broken tal industry are running scared,” and costly health care system said Eagan Kemp, health care are pouring money into blocking policy advocate for Public Citizen. progress. “They know the public is lining up In September, Public Citizen put up two billboards in Houston, Texas, to make the case Lobbying against Medicare behind Medicare for All — which for Medicare for All and counter misinformation being spread by Big Pharma and the for All increased dramatically would improve coverage for insurance industry. The messages reminded passersby that under Medicare for All, all doctors and hospitals would be in network, so people could keep their doctor. Graphic between the first quarter of every American. Now, big money courtesy of Zach Stone. Momentum Grows Against Alabama Pharma Monopolies in NAFTA 2.0 Detention BY MELANIE FOLEY Because that deal included some to extend the duration of their ecent news reports have of Public Citizen’s demands, monopoly patents. It guarantees Rdescribed President Donald including largely eliminating the drug companies 10 years of extra Center: House Trump as “apoplectic” that drug Investor-State Dispute Settlement exclusivity to sell new cutting- prices continue to rise under his (ISDS) regime, Public Citizen is edge cancer and other medi- presidency. He has been lashing trying to fix it rather than stop it. cines called biologics. This would of Horrors out at members of his adminis- A major focus of Public Citizen’s undermine the changes Congress BY MIKE STANKIEWICZ tration for failing to deliver on his campaign is the elimination of the is discussing to bring down drug ne detainee called key campaign promise to lower provisions that would lock in the prices. It would lock the United WIN! Oit “the worst facil- medicine costs. policies that make U.S. medicine States into bad policies that keep ity I’ve ever been at.” He Despite his crocodile tears, the prices unaffordable. lifesaving medicines out of reach was describing Etowah County reality is that Trump allowed Big Trump’s deal, which can’t for millions of people and export Detention Center in Gadsden, Pharma to rig his revised North take effect without congressio- our failed system to Mexico and Ala. During his time there, Awot American Free Trade Agreement nal approval, requires signatory Canada. Negash “stayed in a urine scented, (NAFTA) deal with monopoly countries to guarantee monop- According to the Association for eight-person cell, where we all rights so drug companies can oly powers for big pharmaceuti- Affordable Medicines, under the shared one toilet.” continue to charge people more cal companies. That means that NAFTA 2.0 terms, some medicines Now, as the result of litigation money for the medicine they the giant corporations can avoid could get even more expensive, that Public Citizen led, the public need. generic competition and keep including diabetes treatments knows a lot more about the condi- The Global Trade Watch divi- medicine prices high. Glucagon, Ozempic, Saxenda and tions at the immigrant detention sion of Public Citizen has been Among other dangerous terms, Victoza; osteoporosis treatment center and can push for changes. building a coalition of progres- NAFTA 2.0 requires that the three Forteo; heart failure treatment The lawsuit was settled in July sive groups to demand critical NAFTA governments — Canada, Natrecor; and short bowel syn- after the government released changes to the revised NAFTA Mexico and the United States drome treatment Gattex. These additional information about text that Trump signed last year. — provide ways for drug firms see NAFTA, page 8 see Detention Center, page 11 INSIDE ACTIVISTS RALLY NATIONWIDE FOR VOTING ADDRESS SERVICE REQUESTED RIGHTS REFORMS, page 4 LEGISLATION WOULD PROTECT WORKERS FROM HEAT, page 5 IN THIS ISSUE GET TO KNOW PUBLIC CITIZEN VOL. 39, NO. 5 • SEPT./OCT. 2019 JAREL CLAY GLOBALIZATION & TRADE An ongoing series profiling Public Citizen leaders and staffers 1 Momentum grows against pharma monopolies in NAFTA 2.0 rom found- for social media, assisting our field team with HEALTH & SAFETY Fing his own action alerts and managing five websites and digital media eight social media accounts across Facebook, 1 Lobbying on Medicare for All company to tear- Twitter, Instagram and YouTube. skyrockets 5 Legislation would protect ing up the tenor workers from heat saxophone at a How did you first become interested in the pub- 7 Time to end physician sexual local reggae bar, lic relations field? abuse of patients JaRel Clay is a Clay: My interest in the public relations field 12 Public Citizen calls out medical busy man. In stemmed from witnessing the power of social malpractice payments addition to his influence and the “court of public opinion” at a 16 Breaking the HIV prevention varied interests, he juggles multiple responsi- very early age. My father was a victim of police monopoly bilities in his role as digital director of Public brutality in 2004, and his journey through physi- Citizen’s Global Trade Watch, where he leads the cal recovery and redemption made me realize LITIGATION division’s digital organizing and online strategy that beyond the mandates of the court, what 1 Alabama detention center: to fight trade deals that benefit corporations at and how you say things matter. My father ran a house of horrors the expense of people. A Pittsburgh, Pa., native, stop sign, and a policeman followed him home, 5 Public Citizen goes to court to Clay experienced inequality at all levels growing threw him to the sidewalk, beat him and took defend Clean Water Act up, and had a close family experience with police him to jail. We sued the police department for DEMOCRACY brutality that jump-started his interest in public misconduct, and for two years, our family was advocacy. contacted by the media, politicians and civil 4 Activists rally nationwide for voting rights reforms In 2008, Clay founded Clay and Group (C+G), rights organizations who urged us to “own our a digital media strategy company to provide narrative” outside of the court. At the age of 12, ENERGY & ENVIRONMENT media services for small businesses set up to I realized that if we wanted our family to get serve local communities. Following his gradu- justice, we needed to present our father to the 6 Public should know which utilities violate cybersecurity ation from Kent State University with a bach- public with intention and strategy. laws elor’s degree in applied communication studies 10 Call it a climate crisis; cover it in 2011, Clay came to Washington, D.C., to pursue What advice do you have for young profession- like one a master’s degree in professional studies, pub- als hoping to be successful in the communica- lic relations and corporate communications at tions or PR fields? GOVERNMENT & FINANCIAL Georgetown University. After graduate school, Clay: The best advice I can give to young profes- REFORM Clay landed a job with Edelman, a global PR sionals is to never stop learning. As you move 6 States are uneven in slowing firm, but soon realized he was better suited for along in your PR career, you learn that what revolving door a career in the nonprofit world. He worked as a worked just two years ago may be outdated digital content manager for the Center for a New today. I have witnessed the most success from PUBLIC CITIZEN RECOMMENDS American Security before joining Public Citizen practitioners who continue exploring new trends in 2017. and fully embrace new approaches to commu- 10 'How the Rats Re-Formed the Congress' nity and online engagement. What does your daily work involve? OTHER Clay: As a digital director at Public Citizen, I cre- What do you do in your free time? ate and implement the social media and web Clay: I enjoy creating new experiences with my 2 Get to Know Public Citizen strategies for our Global Trade Watch program. son around the Washington, D.C., metro area, 3 President’s View That includes working with Public Citizen’s allies playing tenor saxophone at a reggae piano bar 10 In Memoriam: G. Marcus Blackwell on Capitol Hill, in labor unions and consumer on U Street every third Saturday and having 12 Public Citizen in Your State groups to amplify our message and mission. It near-death experiences with my personal trainer 14 In the Spotlight also includes creating videos, designing graphics twice a week. — Compiled by Brianna Ford 15 Public Citizen Crossword 1600 20TH ST. NW, WASHINGTON, D.C. 20009 • (202) 588-1000 • [email protected] • WWW.CITIZEN.ORG Public Citizen is a national non- PRESIDENT ABOUT THE CONTRIBUTORS profit membership organization Robert Weissman based in Washington, D.C. Since Angela Bradbery, communications director EXECUTIVE VICE PRESIDENT its founding by Ralph Nader in Margrete Strand Rangnes Rick Claypool, research director 1971, Public Citizen has fought VICE PRESIDENT OF LEGISLATIVE AFFAIRS for corporate and government Michael Coleman, Texas press officer Lisa Gilbert accountability to guarantee the Rhoda Feng, editor individual’s right to safe prod- PUBLIC CITIZEN INC. BOARD OF DIRECTORS ucts, a healthy environment and workplace, fair trade, and Jason Adkins (chair), Joan Claybrook, Andrew S. Friedman, Melanie Foley, international campaigns director clean and safe energy sources. Public Citizen is active in Danny Goldberg, Jim Hightower, Joy Howell, John Richard, Brianna Ford, communications intern Congress, the courts and government agencies. Anthony So, Robert Weissman (ex officio) Public Citizen does not accept government or corporate PUBLIC CITIZEN FOUNDATION BOARD OF DIRECTORS Samantha Lai, communications intern grants. Our funding comes from our supporters through- Mark Chavez (chair), Jim Bildner, Robert C. Fellmeth, David Rosen, communications officer on out the country, who believe there should be full-time David Halperin, Annie Leonard, Cynthia Renfro, Steve regulatory affairs advocates of democratic principles working on their Skrovan, Gerson H. Smoger, Robert Weissman (ex officio) behalf; from foundations; and from the sale of our publi- Adrian Shelley, Texas officer director DIRECTORS cations. Public Citizen is an equal opportunity employer. David Arkush, Climate; Angela Bradbery, Communications; Mike Stankiewicz, press officer To become a member of Public Citizen and receive the Michael Carome, M.D., Health Research; Peter Maybarduk, award-winning Public Citizen News, please call (202) 588- Ian Weiner, communications intern Access to Medicines; Tyson Slocum, Energy; Adrian 1000 or send a check payable to Public Citizen for $20 to Shelley, Texas; Joe Stoshak, Chief Financial Officer; Lori Robert Weissman, president Public Citizen Membership Services at the address above. Wallach, Global Trade Watch; Allison Zieve, Litigation Public Citizen News (ISSN 0738-5927), entire contents EDITOR copyrighted 2019. Public Citizen News is printed on 10 Rhoda Feng CONNECT ONLINE percent recycled paper. Postmaster: Send address changes WITH PUBLIC CITIZEN to Public Citizen News at the address above. 2 SEPTEMBER/OCTOBER 2019 PUBLIC CITIZEN NEWS EDITORIAL Ending Corporate Impunity here may be no more blatant example of on it (expected in late September, after Public case at the U.S. Supreme Court on the issue Thow giant corporations rig the economy Citizen News goes to print). of whether states could override forced and political system than the take-it-or-leave- This is monumental. Corporations use arbitration contract terms if they were it, fine-print language they insert into the con- forced arbitration clauses in contracts as a found to be unconscionable. By the famil- sumer, employment and other contracts we get-out-of-jail-free card. Banks can over- iar 5-4 margin, the court ruled against us. enter into every day. charge consumers — or set up new accounts • In 2017, the CFPB finally issued its arbitra- In September, we made historic advances without their permission, as Wells Fargo did tion rule — which unfortunately was then in the U.S. House of Representatives to end — and consumers have no redress. Survivors of overturned by Congress. the tricks and traps that are endemic in form sexual harassment or assault are consigned to Now, finally, we’ve passed legislation contracts, including those you enter by click- private arbitration, unable to get their stories through one chamber of Congress to end this ing “I agree” on the out. Workers denied overtime pay can’t join corporate rip-off scheme. Of course, our work internet. together to sue their employer. is not yet done; we’re going to have to get the Literally hun- Corporate apologists for arbitration often bill through the U.S. Senate and signed by the dreds of millions say it is an alternative venue to obtain jus- president. That may not happen this Congress, of contracts con- tice. But in practice, it just means cheated or but if we do our job right, we will hopefully tain forced arbitra- abused consumers, employees and others are be able to have FAIR enacted into law in 2021. tion provisions and out of luck. Forced arbitration confers blanket To do that, we are going to turn up the heat class-action waivers. corporate impunity. A recent study from the even higher, with more cutting-edge reports, They state that if a American Association for Justice found that more lobbying, more raising the voices of vic- company wrongs Americans are, literally, more likely to be hit by tims, more grassroots organizing and mobiliz- you — rips you off or lightning than win a case when they are forced ing and more congressional testimony. discriminates against into arbitration. On average, 382 consumers We have no illusions about the challenge PRESIDENT’S VIEW you on the job, for win cases in arbitration every year. Only 56 ahead. Preserving their forced arbitration get- ROBERT WEISSMAN example — you can’t workers prevail every year. out-of-jail-free card is a crucial priority of the sue in court. Instead, House passage of the FAIR Act has been U.S. Chamber of Commerce and Big Business. you must file your case with a private arbiter, a long time coming. At Public Citizen, we’ve They are going to ratchet up their spending and without the transparency protections of our devoted major resources to fighting forced lobbying, too. court system. Perhaps even more consequen- arbitration for more than a decade. But we’re scrappy and have the truth and tially, they prevent you from joining together • In 2007, we issued a cutting-edge report public opinion on our side. We are going to with other similarly situated people to sue that showed the bias of the National counter their propaganda and PR blitz, their together. Prohibitions on class actions and Arbitration Forum (NAF), then the go-to lobbying and campaign contributions. collective lawsuits often mean that victims of arbiter for credit card companies. That A couple of years ago, it seemed impossible corporate wrongdoing have no redress at all. report spurred the closure of the NAF’s that we could have made the progress and gen- In early September, the House Judiciary consumer arbitration business. erated the media attention we now have. But Committee passed the FAIR (Forced Arbitration • In 2010, we helped win inclusion in the now we know it’s possible to get across the fin- Injustice Repeal) Act, which would prohibit Dodd-Frank financial reform legislation of ish line — which is exactly what we are going inclusion of forced arbitration and class-action a measure giving the Consumer Financial to do. waiver provisions in consumer, employment Protection Bureau (CFPB) authority to ban and other contracts. More than 220 members forced arbitration provisions in consumer of Congress are now sponsoring the legislation, financial products. ensuring its passage when the full House votes • In 2011, we argued AT&T v. Concepcion, a

Graphic courtesy of Zach Stone. PUBLIC CITIZEN NEWS SEPTEMBER/OCTOBER 2019 3 Medicare, from page 1 Medicare for All oppose it, Public hardline opponents of Medicare These lobbying figures stand elected officials,” said Melinda St. Citizen found. They account for for All. The vast majority of those in direct contrast with what the Louis, director of Public Citizen’s more than half of all lobbyists work- entities represent the pharmaceu- American people want. A major- Medicare for All campaign and ing on the issue. Organizations tical industry, hospitals, insurers ity of Americans support a single- leader of the coalition effort urg- with the greatest number of and business interests. payer health care system, despite ing Americans to press their local Medicare for All lobbyists include Aside from the increase in lobby- lies and lobbying from industry, governments to pass resolu- the Pharmaceutical Research and ing, several coalitions have formed according to polling by the Kaiser tions in support of Medicare for Manufacturers of America (27), the in recent months to disseminate Family Foundation. All. More than 170 local efforts U.S. Chamber of Commerce (26), fear-mongering and misinforma- But there is hope that some to win city or county council the American Medical Association tion and engage in other opposi- organizations and corporations resolutions are underway from (21) and the Biotechnology tion activities designed to blunt will come around to Medicare for coast to coast, with more efforts Innovation Organization (18). The the momentum of Medicare for All. Activists and local policymak- being added to a coalition map at number of entities with federal All. For instance, the Partnership ers aren’t waiting for industry to medicare4allresolutions.org.­ lobbyists working on Medicare for for America’s Health Care Future, come around. On June 27, the Cook “Local officials know that All, both for and against, increased which formed in 2018 and is made County Board of Commissioners municipal budgets are increasingly from nine in the first quarter of up of many industry giants, ran unanimously passed a resolution strapped and local businesses are 2018 to 61 in the first quarter of $200,000 worth of ads against in support of Medicare for All. The struggling to make ends meet due 2019 — a nearly sevenfold increase. Medicare for All in August. county is home to Chicago and to rising health insurance premi- The total number of individual “We always knew we had the has a population of more than 5 ums,” said Brittany Shannahan, lobbyists working on Medicare for facts on our side, and now we’ve million, the second largest in the Public Citizen’s Medicare for All All, both for and against, increased got the public and many poli- U.S. The St. Petersburg, Fla., City resolutions organizer. from 29 in the first quarter of 2018 cymakers with us,” said Public Council passed a similar resolution “This sends a powerful message to 270 in the first quarter of 2019 — Citizen Program Associate Craig in support of Medicare for All ear- to Congress that more and more a ninefold increase. (Public Citizen Sandler, who authored the June lier that month. people and localities are demand- has four staffers registered to lobby report. “The increase in lobbying “This is how change happens ing that health care be treated as in support of Medicare for All.) An against Medicare for All serves as — with grassroots efforts from a right, not a privilege. It’s only a overwhelming number of those validation that this movement has activists and regular Americans matter of time until that becomes 270 lobbyists were employed by arrived.” demanding action from their a reality.”­ Activists Rally Nationwide for Voting Rights Reforms BY BRIANNA FORD Don’t block the vote.” “Restore The Washington, D.C., event to mark the 54th anniversary of of Colored People, League of “the vote.” Those were among included a press conference at the signing of the Voting Rights Woman Voters, and state and local the slogans on signs carried by which congressional lawmakers, Act. The 1965 law improved vot- voting rights organizations. activists across the country who including U.S. Reps. Terri Sewell ing rights and voter turnout for One person who saw the took to the streets on June 25 to (D-Ala.), Marc Veasey (D-Texas), black, brown, Native and Asian impact of Shelby was Stacey strengthen voting rights. Judy Chu (D-Calif.) and Ben Ray Americans. Abrams, the 2018 Democratic The rallies came six years after Luján (D-N.M.), spoke about the To commemorate the signing, nominee for Georgia governor. the U.S. Supreme Court’s disas- need to reverse the damage done Public Citizen and other groups From long lines, to votes not trous Shelby v. Holder decision, by the Shelby decision, which organized 40 vigils, with the vast being counted due to minor bal- which led to a substantial erosion made it easier for states and majority held in states that in lot errors, Abrams’ loss in the 2018 of key voting protections. localities to revert to discrimina- recent years have curtailed vot- governor’s race highlighted how A refrain heard throughout the tory practices that restrict voting ing rights, particularly for people Shelby blocked people from the rally in Washington, D.C., was for rights, with a particular impact on of color. Activists gathered in voting booth, disproportionately Congress to pass the Voting Rights people of color, Native Americans, Birmingham, Huntsville, Mobile affecting minorities. Advancement Act (H.R. 4) and for people with disabilities and and Montgomery, Ala.; Little “The Shelby decision created a the U.S. Senate to approve H.R. 1, students. Rock, Ark.; Broward County, new channel for the troubling prac- the For the People Act. These mea- Less than two months later, Fla.; Raleigh, N.C.; Charleston, tice of voter suppression during sures would restore the ability to Public Citizen kept up the drum- S.C.; and Austin, Texas. The local a time of dramatic demographic prevent racial discrimination in beat by organizing vigils in doz- events were organized by state change,” Abrams told lawmak- voting, remove corporate and spe- ens of cities nationwide on the and city chapters of the National ers in testimony the same day as cial interest money in politics and evening of Aug. 6 — this time, Association for the Advancement the nationwide rallies. Shelby also curb ethics abuses in government. removed the 1965 Voting Rights Public Citizen and other Act’s “preclearance” requirement, groups — including the Leadership under which states with histories Conference of Civil and Human of voting discrimination had to Rights, the League of Women clear election changes with the Voters, the Texas Civil Rights U.S. Justice Department. Project, TexPIRG, MOVE Texas, “Ruth Bader Ginsberg was right Common Cause, Mi Familia Vota, when she said ending preclear- NextGen Nevada, Make It Work ance was like ‘throwing away your Nevada and Indivisible chapters umbrella in a rainstorm because — organized the rallies. The gath- you are not getting wet,’” said erings took place in more than Jonah Minkoff-Zern, co-director a dozen cities, including Shelby of Public Citizen’s Democracy Is County, Ala.; Melbourne, Fla.; For People campaign. “We are Austin and Dallas, Texas; Des now being drenched by discrimi- Moines, Iowa; Las Vegas, Nev.; natory voter suppression and it is Raleigh, N.C.; Philadelphia, Pa.; U.S. Rep. John Lewis (D-Ga.) speaks at a press conference in June outside the Capi- time for Congress to restore the tol in Washington, D.C., to call for reforms to restore voting rights. Photo courtesy of and Washington, D.C. ­Samantha Lai. Voting Rights Act.”

4 SEPTEMBER/OCTOBER 2019 PUBLIC CITIZEN NEWS Legislation Would Protect Workers From Heat BY SAMANTHA LAI sunción Valdivia came to Occupational Safety and Health AAmerica on July 24, 2004, to Administration (OSHA) to develop join his son, Luis Angel Valdivia, national protections for workers in pursuit of the American dream. exposed to high heat. The family reunion was abruptly The key elements of a heat pro- cut short five days later, when tection plan are simple: workers Asunción died. After a 10-hour must have access to water and workday picking grapes in the must be able to take shaded rest 105-degree sun, he collapsed in a breaks. field from heatstroke. The crew’s “Even as the climate crisis boss told Luis to drive his father sends temperatures soaring, home. Trump’s OSHA has refused to take In the car, Asunción began action to protect workers from foaming at the mouth and then excessive heat,” said Public Citizen went limp. Luis immediately President Robert Weissman, who headed to the closest hospital. spoke at the press conference. “If But by the time they reached this administration is unwilling Public Citizen President Robert Weissman speaks at a July press conference at which their destination, it was too late. to act because it insists on deny- federal lawmakers introduced legislation requiring the U.S. Occupational Safety and Asunción had died. ing climate reality, if it refuses to Health Administration to develop and issue regulations to protect indoor and outdoor Asunción’s story is one of do anything to protect immigrant workers from extreme heat. Photo courtesy of Samantha Lai. many involving workers fatally workers, or if it's so committed to est risk of heat-related injury, exposed to excessive heat. succumbing to heat. From 1992 to an insane antiregulatory zealotry the problem affects all workers The campaign also is designed 2017, heat has killed 815 workers that it refuses to act, then this exposed to heat, including driv- to raise awareness about the and seriously injured more than Congress must act.” ers and indoor workers without impacts of the climate crisis and 70,000 in the U.S., according to The legislation came as a climate-controlled environments. rising temperatures on the health the U.S. Bureau of Labor Statistics. vicious summer heat wave draped Excessive heat can cause heat and safety of workers. As of press Yet the actual numbers are most most of the nation. July 2019 was stroke and even death if not time, the campaign had received likely even higher, as heat-related the hottest month on record on treated properly. It also exacer- more than 60,000 signatures of health issues often go undiag- Earth (see story, page 10). As bates existing health problems support. nosed or underreported. record-breaking summer tem- like asthma, kidney failure and “This problem will get much In July, the Asunción Valdivia peratures become the norm — 18 heart disease. worse very quickly because of Heat Illness and Fatality of the hottest 19 years on record Public Citizen and other groups global warming,” said David Prevention Act (H.R. 3668), named have occurred since 2001 — work- launched a national campaign last Arkush, managing director of for Asunción Valdivia, was intro- ers are at increased risk for heat year to pressure the government Public Citizen’s Climate Program. duced in Congress by U.S. Reps. illnesses. According to Public to protect workers. On July 17, “Our most vulnerable and often Judy Chu (D-Calif.), Raul Grijalva Citizen research, during the July 2018, Public Citizen, in partner- undocumented workers are at (D-Ariz.), Alma Adams (D-N.C.) 4, 2018, holiday week, an average ship with United Farm Workers, the highest risk of being injured by and members of the U.S. House of 2.2 million construction and Farmworker Justice and a network heat. We need to protect them.” of Representatives Education and farm workers labored in extreme of more than 130 labor, environ- Ask your member of Congress Labor Committee to prevent heat heat each day. ment and public health organiza- to support this commonsense from claiming more lives. Although workers in agricul- tions petitioned OSHA to establish worker protection legislation by The legislation directs the U.S. ture and construction are at high- federal protections for workers visiting https://bit.ly/2Gkmckh. Public Citizen Goes to Court to Defend Clean Water Act BY RHODA FENG by lawyers from Public Citizen was designed to protect.” discharges of pollutants to naviga- case about the language of and Earthjustice, contend that ble waters (like the Pacific Ocean) Athe Clean Water Act is mak- Maui County’s discharges violate Polluting Without from disposal wells without a per- ing waves. federal law. In the Supreme Court, a Permit mit. Maui County, however, never A wastewater treatment plant they are urging the court not to For years, Maui County’s Lahaina got a permit for its discharges. in Maui County, Hawai‘i, has misread the Clean Water Act to Wastewater Reclamation Facility In 2012, four nonprofit orga- long polluted the Pacific Ocean encourage dirty industries — like has been pumping millions of gal- nizations — the Hawai‘i Wildlife by pumping wastewater under- fracking, industrial agriculture lons of treated sewage into dis- Fund, the Sierra Club-Maui ground, where the wastewater and coal mining — to contaminate posal wells a few hundred yards Group, the Surfrider Foundation migrates to the nearby ocean our nation’s water bodies. from the shoreline. From there, and the West Maui Preservation through groundwater. “Maui County essentially is the wastewater — which still Association — joined together to Now the plant also poses a requesting that the Supreme Court includes pollutants such as high sue Maui under the Clean Water new threat to lakes, rivers and rewrite the Clean Water Act in the levels of phosphorus and nitrogen Act. The U.S. District Court in streams nationwide: In a case guise of interpreting it,” said Scott — flows with groundwater into the Hawai‘i ruled for the organiza- brought by environmentalists to Nelson, a Public Citizen attorney ocean just offshore of the popular tions and against the county in stop the plant’s discharges, the who helped write the brief urg- Kahekili Beach, which features a 2015. Maui County appealed, and U.S. Supreme Court is considering ing the Supreme Court to keep once-pristine coral reef that is a in 2018 the U.S. Court of Appeals whether to sharply limit protec- the Clean Water Act’s protections mecca for snorkelers. for the Ninth Circuit affirmed the tions provided by the Clean Water intact. The pollutants have significantly district court’s ruling that the Act to bodies of water across the “This case may appear to be damaged the reef by contributing county’s discharges were illegal. country. technical, but it has enormous to the growth of coral-smothering The county then asked the U.S. Four nonprofit organizations, implications for the bodies of algae. Supreme Court to hear the case. represented in the Supreme Court water that the Clean Water Act The Clean Water Act prohibits see Polluters, page 7 PUBLIC CITIZEN NEWS SEPTEMBER/OCTOBER 2019 5 States Are Uneven in Slowing Revolving Door BY ANGELA BRADBERY knowledge to corporate interests. worst in curbing the revolving members of the 115th Congress hen it comes to trying to This muddies whether public offi- door because they have no restric- (2017-2019) who have found Wcurb corruption, not all cials are representing the public tions, Public Citizen found. Iowa, employment outside politics states are equal. Iowa, for exam- interest or corporate interests; Maryland and North Dakota are have gone through the revolving ple, prohibits state lawmakers, lawmakers may be influenced by the best. Florida is scheduled to door and are conducting lobby- executive officials and staff from the promise of a lucrative job in adopt a six-year cooling-off period ing activities. The federal govern- conducting any lobbying activity the private sector with an entity for lawmakers in 2022, which will ment should look to the practices for two years after leaving office. seeking a government contract or make it among the best states. of the best states when devising That makes Iowa one of the best to shape public policy. In addition, ways to curb corruption, Holman states in the country in slowing public officials-turned-lobbyists Feds Should said. Federal revolving door laws the revolving door between gov- have access to lawmakers that is Look to States should be strengthened by: ernment and industry. not available to others — access On the federal level, restrictions • Extending all cooling-off Meanwhile, Illinois has no they sell for a hefty price. on the revolving door are woefully periods to a minimum of two restriction on state lawmakers and “Public officials are supposed inadequate. While former U.S. years or longer to allow the staff cashing in immediately after to serve the public interest of senators are subject to a two-year inside connections to sitting leaving office by going to work the American people,” said Craig cooling-off period, members of government officials to fade; lobbying their former colleagues. Holman, government affairs lob- the U.S. House of Representatives • Banning “lobbying activity” It is among the worst states. byist for Public Citizen's Congress and most executive branch offi- such as conducting research, Those are just two of the Watch division. “Increasingly, cials are subject only to a one-year preparation, planning and findings in a July Public Citizen however, these public officials ban. supervision of a lobbying analysis of how all 50 states fare are leaving government service Worse yet, all former federal campaign as well as banning in trying to slow the revolving to work on behalf of private inter- public officials are prohibited only “lobbying contacts” during door between government and ests, as well as their own, as lob- from making lobbying contacts the cooling-off period; and industry. byists or strategic consultants on during the cooling-off period. • Applying the ban on lobbying The revolving door is a prac- behalf of lobbying campaigns for They can immediately join a by former elected officials and tice in which former public offi- special interests. If we want gov- lobbying firm and organize and very senior staff across the cials cash in on their government ernment to work for us, we need direct a lobbying campaign; they board to prohibit lobbying all service by becoming lobbyists or to slow the revolving door.” just can’t pick up the telephone to agencies and both the legisla- strategic consultants after they Idaho, Illinois, Michigan, contact their former colleagues. tive and executive branches leave government and then sell- Nebraska, New Hampshire, A May Public Citizen report of government during the ing their inside connections and Oklahoma and Wyoming are the found that 59% (26 of 44) of former cooling-off period. Public Should Know Which Utilities Violate Cybersecurity Laws

BY DAVID ROSEN rations that violate cybersecurity tect sensitive information on its laws public, federal regulators have uke Energy. DTE Energy Co. laws. “We applaud both FERC and hardware and networks, leaving it not done so. DPG&E Corp. These companies’ NERC for moving toward making vulnerable to cyberattacks. Duke In multiple filings with FERC, cybersecurity failures remained this needed reform.” Energy agreed to pay a $10 million Public Citizen has called on FERC secret until media outlets outed Public Citizen’s call and FERC’s fine — the highest on record for a to tell NERC it must change its them as utilities that broke rules response come as U.S. intelligence utility committing cybersecurity unofficial policy of shielding the designed to protect the nation’s officials warn of increased threats violations. names of cybersecurity violators electric system from cyberattacks. to critical infrastructure. In late Under current law, the federal from the public. Public Citizen’s In all three cases, the agency that January, media outlets reported government has delegated front- latest filing was on June 24, when oversees the nation’s bulk-power that Russian and Chinese hackers line oversight and enforcement of the organization intervened in two system — the Federal Energy have infiltrated U.S. utility net- the nation’s cybersecurity laws for cases involving unnamed utilities Regulatory Commission (FERC) works and possess the ability to electric utilities to a private corpora- that each were fined $1 million for — kept the names of violators con- shut down power and disrupt gas tion: NERC. Nine of the 12 members committing multiple cybersecurity fidential, abiding by a system that pipelines for several days. of NERC’s board of trustees hail violations that “posed a serious or relies on self-reporting of violations Duke Energy was one utility from the utility industry, resulting substantial risk to the reliability of by utility companies. identified by the media in February in inadequate independence from the bulk power system.” Groups like Public Citizen have for violations and is facing a record the companies they are supposed In May, Public Citizen submitted raised concerns about the system penalty for repeat cybersecu- to oversee. comments to FERC, noting that: of secrecy and have insisted that rity violations: It committed 127 Although NERC reports to • NERC’s lack of independent FERC name utilities that commit cybersecurity violations between FERC, and FERC can order NERC board governance may com- cybersecurity violations. In August, 2015 and 2018 and failed to pro- to make the names of utility scoff- promise its effectiveness as a FERC heeded the call, joining the regulator; North American Electric Reliability • FERC’s reliance on industry Corporation (NERC) to propose self-reporting fails to keep us making the name of a utility com- secure; mitting a violation public. • Public identification of utili- “It’s a huge success. Public ties that commit violations will Citizen’s efforts to promote trans- help to keep us secure; and parency are paying off, and now • FERC should promote and pro- regulators are proposing to require tect roles for whistleblowers. the public disclosure of violators,” “Disclosure of violators’ iden- said Tyson Slocum, director of tities is key to holding companies Public Citizen’s Energy Program accountable and ensuring that rate- and author of multiple filings call- payers do not absorb the costs of ing for FERC to identify the corpo- Graphic courtesy of John Tomac. their misdeeds,” Slocum said.

6 SEPTEMBER/OCTOBER 2019 PUBLIC CITIZEN NEWS Polluters, from page 5 read laws as they are written. The Agency (EPA) and U.S. Department public interest groups in the lower U.S. Environmental Protection of Justice — which supported the courts before the Trump adminis- Because another court of appeals tration took office — switched sides had reached the opposite conclu- when the Supreme Court accepted sion in a similar case, the Supreme the case and now support Maui Court accepted the case. County and industries that pollute. On the pro-environment side, Public Citizen progressive states, former EPA offi- Gets Involved cials and administrators, a Native Public Citizen signed on as co- American tribe, scientists, fisher- counsel with Earthjustice for the men and craft brewers filed briefs four organizations in early 2019. in the Supreme Court supporting Nelson coauthored their Supreme the protections of the Clean Water Court brief. In the Supreme Court, Act. David Henkin of Earthjustice Maui County argues that it should will argue the case for the groups not have to get a permit because seeking to hold Maui County its discharges are “indirect” — that accountable. The argument will be is, because the pollutants flow held on Nov. 6, and the Supreme through groundwater before reach- Court will issue its decision some- ing the Pacific Ocean. time before June 2020. In response, the organizations’ “Creating an exception to the brief explains that the Clean Water Clean Water Act would let pollut- Act does not say that “indirect” dis- ers deliberately use our nation’s charges are allowed. The county’s lakes, rivers, streams and seas as argument therefore amounts to a dumping grounds for pollution as request that the Supreme Court long as their discharge pipes stop create an unwritten exception to just short of the waterline,” said the law. Nelson. “That would significantly The case thus poses a major test erode one of the nation’s most suc- of the commitment of the courts to Graphic courtesy of Isabelle Cardinal. cessful antipollution laws.” Time to End Physician Sexual Abuse of Patients BY RHODA FENG organizations or a malpractice guilt or shame; may be fearful that report physician sexual abuse; espite the #MeToo and payment were not disciplined they will not be believed; or may • Discipline and report to D#TimesUp movements by state medical boards for be unwilling to publicly disclose authorities physicians who reverberating across U.S. their unethical behavior, Public the abuse. are found to have engaged in workplaces — from the Citizen found. Over the decade, Additionally, victims may not any form of sexual abuse of entertainment and media only about 1,000 physicians were know how to file a complaint patients; and industries to Congress — reported for sexual misconduct with the state medical board or • Disclose on their websites insufficient attention has been to this database. Notably, “sexual hospital. Even when they do, complete information given to physician sexual abuse of misconduct” is the term used by victims can be further traumatized concerning all disciplinary patients. the U.S. medical community for by the investigation and legal actions against sexually Public Citizen is shining a this problem, although Public procedures, which may lead them abusive physicians. light on this important public Citizen calls for using the term to withdraw their complaints. Additionally, the medical health problem and offering 11 “sexual abuse” instead when Importantly, physicians often are community, including medical key recommendations — which referring to sexual conduct of unwilling to report their impaired boards and health care were published in the July issue physicians toward their patients. or incompetent colleagues to organizations, should: of the Journal of General Internal “The U.S. medical community relevant authorities, likely due in • Educate physicians about Medicine — that institutions can and state legislatures must adopt part to the absence of enforceable the enormity of sexual abuse take to guard against it. and enforce an explicit zero legal mandates for such reporting. of patients, how to avoid it tolerance standard against all Second, many hospitals and and how to seek help if they Extent of Physician forms of physician sexual abuse health care organizations regularly are struggling with their Sexual Abuse of patients,” said Azza AbuDagga, ignore or circumvent reporting boundaries with patients; Public Citizen’s recommendations health services researcher for requirements for medical boards • Mandate reporting by build on groundbreaking research Public Citizen’s Health Research regarding impaired physicians. physicians and other the organization published in Group and co-author of the journal Third, medical boards may professionals of any witnessed 2016. That research documented article. “Our recommendations not always act on sexual abuse or suspected abuse; that state medical boards — which are commonsense policies that complaints, especially when • Encourage and facilitate are supposed to stop dangerous can make a major difference in there is no material evidence reporting by patients and their doctors from practicing — too patients’ lives and ensure their or there are no witnesses. Even families of all forms of abuse often fail to protect the public from safety.” when medical boards discipline by a physician; doctors already known to have physicians for sexual abuse, those • Investigate thoroughly each committed sexual misconduct. Factors Behind physicians often are permitted to complaint of alleged physician Between 2003 and 2013, 70% Persistence of Abuse continue to practice medicine. sexual abuse of patients; of U.S. physicians who were Why is sexual abuse of patients at • Provide trained chaperones reported to National Practitioner the hands of their physicians such Public Citizen’s to act as “practice monitors” Data Bank (a national database a persistent problem in the U.S.? Recommendations during body exams; and for flagging potentially dangerous First, many of these cases State medical boards should, • Establish and fund programs doctors) because of sexual are never reported by patients among other things: to provide subsidized misconduct that led to sanctions because they may be shocked and • Educate the public about how psychological counseling for by hospitals or other health care consumed by feelings of disbelief, to prevent, recognize and all victims of such abuse.

PUBLIC CITIZEN NEWS SEPTEMBER/OCTOBER 2019 7 Lori Wallach, director of Public Citizen’s Global Trade Watch, speaks at a rally in June demanding changes to the Trump administration’s revised North American Free Trade Agreement. The event was held outside the Capitol in Washington, D.C. Photo courtesy of Sally King.

NAFTA, from page 1 drugs, which could get even more expensive Donald Norcross (D-N.J.) and Jan Schakowsky emphasized the need for changes to the NAFTA under NAFTA 2.0, already cost Americans an (D-Ill.) — joined AFL-CIO President Richard 2.0 deal that Trump signed in 2018. estimated $5.6 billion in 2018. Trumka and Lori Wallach, director of Public The first, co-authored by “New Dem” Rep. Public Citizen recently organized a national Citizen’s Global Trade Watch, at the event out- Susan Davis (D-Calif.) and Congressional petition drive to oppose these terms and side the U.S. Capitol. Progressive Caucus member Schakowsky, laid demand stronger labor and environmental The lawmakers were there to demonstrate, out the changes that should be made to the standards and enforcement be added to the as Wallach said, that “a revised NAFTA will get deal’s pharmaceutical monopoly terms. More revised deal. More than 40 organizations joined through Congress only if key fixes are made, than 100 members of Congress signed the let- the petition drive, including the AFL-CIO, Social because the deal that Trump signed last year ter, including full committee chairs, leadership, Security Works and the Sierra Club. would not stop job outsourcing and would lock freshmen from districts that Trump carried in On June 25, Public Citizen delivered the in high medicine prices.” 2016 and border states, and even lawmakers 300,000 petition signatures to Congress at Reporters from CNN, NBC and Fox News who in 2015 voted to “Fast Track” the disas- a “No Vote Until NAFTA 2.0 Is Fixed” press covered the event, and a livestream of it was trous Trans-Pacific Partnership (TPP). conference and rally. Members of Congress — shared widely by Our Revolution, Democracy The number and diversity of signers on including U.S. Reps. Rosa DeLauro (D-Conn.), for America, NowThis and CREDO. the letter demonstrate that no matter what Debbie Dingell (D-Mich.), Chuy Garcia (D-Ill.), Two congressional letters that were sent to differences may exist among U.S. House of Ro Khanna (D-Calif.), Andy Levin (D-Mich.), the Trump administration this summer also Representatives Democrats on trade in gen-

8 SEPTEMBER/OCTOBER 2019 PUBLIC CITIZEN NEWS Lori Wallach, director of Public Citizen’s Global Trade Watch, speaks at a rally in June demanding changes to the Trump administration’s revised North American Free Trade Agreement. The event was held outside the Capitol in Washington, D.C. Photo courtesy of Sally King.

eral, or the revised NAFTA specifically, the vast the changes that Public Citizen and its progres- Speaker Nancy Pelosi has convened a working majority cannot abide a deal that includes new sive allies demand. group of representatives, including progressive monopoly protections for pharmaceutical firms The two corporate lobby groups — U.S.- fair-trade champion DeLauro, to negotiate with that would tie their hands from changing U.S. Mexico-Canada Agreement (USMCA) Coalition administration officials on fixing the deal. policies to lower medicine prices. and Pass USMCA Coalition — have pledged to As Public Citizen News headed to print, dis- The second letter that was sent to the Trump spend more than $15 million to get NAFTA cussions were ongoing. Public Citizen is relent- administration this summer laid out all the 2.0 passed as-is. A recent analysis by Public lessly fighting to fix NAFTA 2.0 by pushing changes needed to NAFTA 2.0, including access Citizen’s Global Trade Watch revealed that the lawmakers to withhold support until the Trump to affordable medicines. That letter was signed groups’ 90 identifiable corporate members, administration removes the harmful pharma- by dozens of freshman Democrats, “from U.S. including pharmaceutical and oil companies ceutical monopoly provisions and improves the Rep. Alexandria Ocasio-Cortez (D-N.Y.) to free- as well as the U.S. Chamber of Commerce and labor, environmental and enforcement terms traders,” as Politico put it. Business Roundtable, already are responsible to stop the ongoing outsourcing of jobs and But Trump and the corporations that stand for more than 500,000 trade-related job losses. pollution. to benefit are still pushing for a vote on the deal Despite these corporations’ money and A deal like that — unlike Trump’s NAFTA 2.0 as-is as soon as possible. Corporate lobbyists influence, lawmakers indicate that Trump’s — could actually stop some of NAFTA’s ongoing have been bragging about spending millions to deal will not get a vote in the House unless and harm to people across North America. And that ram the deal through Congress this fall without until the improvements are made. U.S. House is worth fighting for.

PUBLIC CITIZEN NEWS SEPTEMBER/OCTOBER 2019 9 In Memoriam: G. Marcus Blackwell

BY ADRIAN SHELLEY Texas and especially the Rio Grande Valley. arcus Blackwell first visited our Austin, Texas, office in the Vietnam changed Marcus. Before the war, G. Marcus Blackwell Msummer of 2017. He was a neighbor of ours, a resident of the was known as “Gary.” When he came home, he became “Marcus.” nonprofit housing complex with which we share a building. He told He told me once that “Gary had died over there.” He didn’t talk much us that he had learned about our work in Texas, admired what we about his youth, but carried pain that was obvious behind his eyes did and would like to paint a mural for us on our office wall. and in his restless nature. “Painting keeps me sane,” he told us. Marcus, who died unexpect- Our mural was eventually finished, but not our relationship with edly in May, was a Vietnam War veteran and an artist, and he had Marcus. He liked painting for a cause, and continued to make ban- done paintings and murals across Texas. He showed us his sketches ners, posters and cartoons for us. Marcus never asked for compensa- and photos of murals he had painted over the years. He didn’t want tion, although we did pay him for our mural and continued to buy any money; he just asked us to pay for his paint. paint for his work. He wasn’t shy about dropping by the office in the We settled on an outdoor scene that would show the beauty of morning to make himself a cup of coffee. He loved seeing his work Texas and the potential of clean used in protests and rallies and he energy. We gave Marcus our ideas shared our spirit of activism and (wind turbines, longhorns, a city fighting the powers that be. skyline), and he began sketch- We counted Marcus as a friend, ing directly onto our office wall. and we were privileged to enjoy If you’ve seen the Facebook or the products of his wild, artistic Twitter pages for our Texas office, energy. A few days after his death, then you’ve seen the final product. his two daughters visited our office Marcus moved at his own for the first time. They told us that pace. Sometimes he worked on while Marcus had painted a lot in the mural for hours at a stretch. his days, the mural he painted for Other times we didn’t see him for us had been especially important days. But over the course of two to him. They had come to see it for months, our mural took shape and themselves. we got to know Marcus better. He When I look at our mural, I see was a nomad who always seemed the promise of a clean, prosper- just on the cusp of leaving town. ous future for Texas. I hope that Sometimes he did leave, traveling Pictured above is Marcus Blackwell's mural in Public Citizen's Texas office. Marcus’ daughters saw what they for days or weeks at a time around Public Citizen file photo. were looking for.

Call It A Climate Crisis; Cover It Like One BY IAN WEINER of events, including the New York how nations act. And today, we vulnerable populations. Going uly set a new record for Earth’s City Triathlon, put thousands at need to act boldly and quickly,” forward, the media must use Jhottest month. Days averaged risk and caused multiple deaths. the letter read. these moments not just to tell us a piping hot 62.13 degrees Scientists have warned of Signs indicate that television how hot it is, but why and what Fahrenheit globally, which was a global catastrophe unless news networks are heeding the we can do about it.” 1.71 degrees higher than the emissions of greenhouses gases call. Between July 14 and 23, The Public Citizen analysis average for the 20th century, the are slashed, but a recent poll by the the news networks mentioned also found that nine of the top National Oceanic and Atmospheric Yale Program on Climate Change climate in 15 of 94 heat-related 50 newspapers by circulation Administration found. Communication found that only segments (16%). did not publish an article about Between July 14 and 23, the 29% of Americans express that Although the percentage is the July heat wave, and 13 of the average temperature across the they are “very worried” about still strikingly low, it represents newspapers published an article U.S. was 88 degrees Fahrenheit. climate change. a significant improvement over without any mention of the But just 23% of articles in the top The mainstream media coverage of the 2018 heat wave, climate. 50 U.S. newspapers by circulation has played a major role in this in which climate was mentioned “The climate crisis is the mentioned the climate or global disconnect, and Public Citizen in just one segment out of 114 defining issue of our time,” said warming when discussing the is demanding they update their (0.9%). Also, Telemundo and The David Arkush, managing director record temperatures. language to call it a “crisis” or Guardian recently updated the of Public Citizen’s Climate This is just one finding of a “emergency.” language they use surrounding Program. “We need media outlets recent Public Citizen analysis that climate to refer to it as a “climate to cover it in a way that allows examined how the newspapers The Heat Beat emergency.” Public Citizen is Americans to understand its true and national programming On June 6, Public Citizen, along encouraging U.S. reporters and severity. It’s long past time for the from six major news networks with 12 other groups, sent a letter media outlets to follow suit. media to call the climate crisis connected — or failed to connect to the chief executive officers “Journalists finally are starting what it is — and to cover it with the — the extreme July heat to the of ABC, CBS, Fox, NBC, MSNBC to connect brutal heat waves to regularity, focus and depth that an climate crisis. and CNN urging them to increase our increasingly warming world, urgent, existential threat merits.” Beginning the week of July 15, the frequency of their climate but it’s not enough,” said Allison The groups also are asking a sprawling heat wave spread over coverage and convey the urgency Fisher, outreach director for that Americans sign the Call it a two-thirds of the United States. of reducing pollution. Public Citizen’s Energy Program. Climate Crisis petition, which can This extreme heat threw a “The words that anchors “The science is there, and there be found at http://bit.ly/2GVmsXg. number of locations into a state and reporters use matter. What are stories to be told that illustrate As of press time, the petition of emergency, strained power they call something shapes how the impact the climate crisis is had gathered nearly 100,000 grids, prompted the cancellation millions see it — and influences having on our workers and most signatures.

10 SEPTEMBER/OCTOBER 2019 PUBLIC CITIZEN NEWS Detention Center, from page 1

“The withholding of the records was plainly unlawful. It shouldn’t have taken a lawsuit and court order for the government to comply with its FOIA the detention center under court obligations.” order. —Patrick Llewellyn, Public Citizen attorney “The withholding of the records was plainly unlawful,” said Patrick Llewellyn, an attorney with Public District of New York, represented changes” and that there were systemic civil rights violations at Citizen and lead counsel for the by attorneys from Public Citizen no known changes to the facility the Etowah jail, and has utterly plaintiffs. “It shouldn’t have taken and Adelante. between 2012 — when the experts’ failed to address them,” said a lawsuit and court order for the After the lawsuit was filed, DHS recommendations were first made Jessica Vosburgh, executive and government to comply with its disclosed more than 100 pages of — and 2015, when the memo was legal director of Adelante. Freedom of Information Act (FOIA) the memo and attached expert issued. “Now we call on Congress to obligations.” reports, but redacted parts of the “These records reveal what exercise its oversight and appro- pages. The groups challenged many detained persons and advo- priations authority to conduct a An Infamous Facility several of the redactions, and on cates on the ground already know. searching investigation of the jail Even before the lawsuit, Etowah March 26, the court ordered DHS ICE has been placed on high alert and the federal contract dollars County Detention Center, run by to disclose additional information. about the abysmal conditions and paid to Etowah County.” U.S. Immigrations and Customs The released records show that Enforcement (ICE), was repeatedly experts in corrections, medical criticized for its abysmal condi- care, mental health and environ- tions, including inadequate food, mental health and safety investi- medical care and recreational time. gated complaints from detainees In 2015, the U.S. Department of and made recommendations for Homeland Security (DHS) Office improvements at the facility. of Civil Rights and Civil Liberties One complaint stated that a completed a memo that detailed detainee was “forced to defecate the findings of an investigation into in the back of a bus without a rest- the center, prepared in response to room” during transport to another 50 complaints alleging inadequate facility. conditions. The records called out Etowah In September 2016, Adelante County Detention Center’s under- Alabama Worker Center, a commu- qualified staff, specifically refer- nity organization in Birmingham, encing the facility’s mental health Ala., and several other immigrant officer at the time, an unlicensed and civil rights groups — including radiology technician who “func- Detention Watch Network, Greater tions as the only designated mental Birmingham Ministries, Immigrant health staff person at the facility.” Defense Project and Southerners The memo noted that this staff on New Ground — submitted a member, along with her predeces- FOIA request for the memo. sor, helped to conduct “all of the Initially, DHS refused to pro- mental health assessments and duce a single word of the memo, interventions at the facility.” claiming that the entire document The memo noted that the DHS was exempt from disclosure. In Office of Civil Rights and Civil December 2017, Adelante and the Liberties had not “received a four other groups sued in the U.S. response from [ICE] on whether District Court for the Southern it will implement our suggested Graphic courtesy of Taylor Callery.

PUBLIC CITIZEN NEWS SEPTEMBER/OCTOBER 2019 11 Public Citizen Calls Out Medical Malpractice Payments BY MIKE STANKIEWICZ Services Administration. malpractice payments.” Inspector General documented he U.S. Department of Health Using data obtained from HHS The letter was sent to the U.S. widespread noncompliance by Tand Human Services (HHS) under the Freedom of Information Senate Committee on Health, HHS agencies with medical mal- has broken the law for decades Act, Public Citizen found that Education, Labor and Pensions, practice payment reporting to by failing to report nearly two- from 1994 to 2016, out of a total the U.S. Senate Committee the NPDB and made recommen- thirds of medical malpractice pay- of 3,352 medical malpractice pay- on Finance, the U.S. House of dations to address the problem, ments for its own doctors, putting ment reports that HHS should Representatives Committee on but the noncompliance has per- patients at risk. have submitted to the data bank, Energy and Commerce and the sisted. Public Citizen is therefore Public Citizen is calling on four the agency failed to submit 2,113 U.S. House of Representatives demanding the congressional separate congressional commit- (63%) of these reports. By not Ways and Means Committee. committees conduct oversight tees to investigate. According to reporting these payments, HHS State medical and other pro- hearings and take legislative or Public Citizen research, for more has compromised patient safety fessional boards and health care other action to ensure all medical than two decades, HHS has failed and the integrity of the data bank, organizations use the national malpractice payments made on to report most medical malprac- Public Citizen said in a July letter data bank to conduct background behalf of HHS doctors and other tice payments to the National to Congress. checks to determine if a doctor agency health care professionals, Practitioner Data Bank (NPDB), “This unacceptable pattern or other health care professional including previously unreported as required by law and the depart- of noncompliance by HHS has has been sanctioned for miscon- cases, are reported to the NPDB. ment’s own policy. remained the same for more than duct by a hospital, had his or her “HHS can’t be trusted to resolve These malpractice payments 20 years,” said Dr. Michael Carome, license to practice curtailed by these issues itself, so Congress were made on behalf of health director of Public Citizen’s Health a state medical or other profes- needs to take action now before care professionals practicing Research Group. “HHS’ recalci- sional board, or has had any mal- more patients are put at risk by at the agency’s own National trance is unconscionable and sets practice payments made on his or dangerous doctors whose medi- Institutes of Health, Indian Health a terrible example for other insti- her behalf. Public Citizen’s letter cal malpractice goes unreported,” Service and Health Resources and tutions that are required to report highlights that in 2005, the HHS Carome said.

PUBLIC CITIZEN IN YOUR STATE Much of Public Citizen's work focuses on federal policies, but the organization also works in the public interest at the ­local and state levels. Here's what Public Citizen has been doing in your state lately.

Public Citizen Says to NRC: Texas Is Not the Nation’s Nuclear Waste Dumping Ground Public Citizen and its allies scored a big legislative victory in Texas this summer when Gov. Greg Abbott vetoed a bill to let a nuclear waste operator off the hook for fees it owes the state. The veto came after months of lobbying, legislative testimony and media outreach by Public Citizen and others opposed to the project, including a prominent oil company in the West Texas Permian Basin near the site of the nuclear waste dump. While Public Citizen’s Texas office celebrated the veto, the fight against deadly nuclear waste in the state is far from over. In addition to low-level waste already stored by Waste Control Specialists (WCS) in West Texas, nuclear interests have applied for a permit to store 40,000 tons of high-level nuclear waste (spent fuel rods) from U.S. nuclear reactors at the same location. Public Citizen traveled to Midland, Texas, near NY Vote coalition, those days may soon end. On the first day of session this the WCS nuclear waste facility, in July for a hearing of the U.S. Nuclear year, the New York Legislature approved portable registration for people Regulatory Commission (NRC). Public Citizen and others conducted a who move within the state, pre-registration for 16- and 17-year-olds, early well-attended news conference in advance of the NRC meeting to lay voting and the scheduling of state and federal primaries on the same day. out arguments against the proposed nuclear waste dumping. During the Lawmakers also moved forward constitutional amendments for same-day two-day hearing that followed, attorneys for Public Citizen and others registration and no-excuse absentee voting — measures Public Citizen and petitioned to intervene in the permitting process. the coalition had pushed for. In late August, judges on the NRC’s Atomic Safety and Licensing But the state still does not have an automatic voter registration system, Board rejected Public Citizen’s and several other groups’ applications to which could bring an additional 1.1 million new voters to the polls for intervene. One contention was allowed to move forward: a claim by the the 2020 elections. Ongoing advocacy and grassroots engagement by Sierra Club related to the Endangered Species Act's application to two Public Citizen and the Let NY Vote coalition ensured that two automatic species of lizard threatened by the proposal. voter registration bills, A8280 and S6457, were introduced in the state In neighboring New Mexico, opponents of nuclear waste – including Legislature’s House and Senate, respectively, in June. Public Citizen's Texas office — are mobilizing for a fight against Holtec’s The New York Senate passed its bill, and the state Assembly was poised application to store high-level waste near Carlsbad. New Mexico State to pass its version when a significant typo was found in the bill that would Land Commissioner Stephanie Garcia Richard has voiced her opposition have undermined its intent. This typo was found too late in the session to fix and described “serious safety concerns” with the project. Public Citizen without an “order of necessity” from the governor, who did not issue one. shares those concerns and will continue to make them known to those with Legislative leaders pledged to pass the legislation at the next available power over this dangerous project. — Michael Coleman opportunity and implement it by 2021. “It has been a powerful year of victories in New York to help ensure that Public Citizen Pushes for Automatic our state goes from ‘worst to first’ in voter participation,” said Jonah Minkoff- Voter Registration in New York Zern, co-director of Public Citizen’s Democracy Is For People Campaign New York historically has been plagued with drastically low voter turnout, who is based in Syracuse, N.Y. “We will continue to work to pass and but thanks to grassroots organizing, the efforts of Public Citizen and the Let implement automatic voter registration in New York.” — Ian Weiner

12 SEPTEMBER/OCTOBER 2019 PUBLIC CITIZEN NEWS Public Citizen Sentinel Society Celebrates our exceptional members who have supported our work for 35 years or more. Susan Addiss William Colligan Mr. and Mrs. Raymond Galant Mr. and Mrs. Robert and Terry Lee Maul Ph.D. Rebecca Lieberman James Adney and Melissa Kepner Mrs. Barrie Tait Collins David F. Gassman Joan Kaeiser Mike and Liz McHargue Noel Smith Roger and Mary Allen Dwight Connely Barbara Glicksberg Barbara Kasman Nancy and Adam McLane Grace Marmor Spruch Jerry Amos Arthur W. Cooper Winifred Glynn Martin and Hedwig Kaufman Pat McSweeney Tyrone L. Steen Karen Andresen Ruth Cowan Phil Goldsmith Fredric Kay Phyllis Melnick Dr. Louis and Rhona Stern Chad Armknecht M. Richard Cramer Douglas Gray Peter and Clare Kearney Deborah Metzger David L. Straley Jesse Arnold Norman Daoust Selma Greco John Keevert Rev. David J. and Linda A. Miller Robert E. Sullivan Mr. and Mrs. Carl A. Bade Richard A. Debs George and Betty Haakenson Jane Kendall and Ran Coble Irving Miller M.D. Kenneth Summers Pam Baldi Charles Delbaum Robert Habush Gary Kenton Anna Mitchell Anne Simone Tolbert Steve and Betty Ball Steven Derby Lawrence Halperin Christopher Kerr M. Miyasaki George and Elizabeth Tressel Regina Bannan, in loving David Derrick Peter and Harriet Hanauer Dr. and Mrs. Fred D. Khani Mr. and Mrs. Moss Merry Tucker memory of Allen Serody Doris Dexter Hildegard Hannum Dooley Kiefer Lillian Munzenmay John Ursu Larry Barr Peter and Diane Dowler Peter J. Hansen Karl and Carrol Kindel John Nagle Robert Vaughn Charles Paul Becker Bob Dries L.D. and Marilyn Harsin John W. Kernig Darrell Neft Raymond L. Wager Vertis Clinton Belcher Michael Dulberg Harriet Hauseman Howard Kirschenbaum Carol Tova Newman Rev. S. Bruce Wagner Edith Berg Frank H. and Mary T. Dupuis Mary Ann Hawk Randy Leary Kitmann James Nora Harvey Walden Robert Berg and Katherine Gerton Eaton Leslie Hefner Lawrence Klein Ed.D. Margaret Osborn Franz W. Wassermann M.D. Vivian Lowery Derryck George Egbert James Heim Peter Kobrak Stuart Oskamp Thomas Watts Lois Bernbeck Annette Ehrlich Don Henley Sarah Kolb James Parr Robb Webb Bernard Blayer Robert Ehrlich Anita Hennemann James and Nina Korsh David Wilson Pies Jerry and Nancy Weil Philip Blumenthal Miles and Amy Epstein Steven Hillyard Carol S. Kostol Bhagwati and Saradell Poddar Alan Weinberg Timothy Bouquet Carl H. Eschbacher John B. Hirsch Eugene Krell Gordon Prickett Thomas Weisner Frank and Christine Brice Carroll Estes Ph.D. Michael Hittleman Michael Kuzola Deborah Rand Greg and Ellen Weyandt Keith Brill Everett Foundation Robert Hooper Norman W. Lanthrop Gene and Valarie Read Edward Wilk Frank L. Brown Joanne Faulkner Henry and Alison Hopper Eileen and Paul LeFort Patricia Riggins Helen Jo Williams Roy Buri Richard and Jean Ferguson John Horejsi Robert Leggett Barbara Z. Roberts Sandra and Jeff Williams Mari C. 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To become a leadership supporter, please contact Amanda Fleming at (202) 588-7734 or [email protected]. PUBLIC CITIZEN NEWS SEPTEMBER/OCTOBER 2019 13 Are your medicines IN THE SPOTLIGHT SAFE? The following are highlights from our recent media coverage. Robert Weissman, Public Citizen Peter Maybarduk, director of Public president Citizen’s Access to Medicines Program On Hunter Biden’s alleged business On legislation to cap drug price increases Many drugs that come to market have risks conflicts: ABC, The New Yorker. On under Medicare: The Wall Street Journal, that outweigh their benefits. Others, found calling on the U.S. Federal Trade MarketWatch, Stat News. On the Trump to have risks only after they are approved, Commission (FTC) to investigate administration’s plan to import pre- are left on the market for dangerously long Amazon’s paid endorsements pro- scription drugs from Canada: Los Angeles periods of time. Find out which drugs are gram: The Hill, Politico, CBS News. On Times, Northwest Georgia News, Boston Herald. On how Big Pharma keeps win- safe—and which you should avoid—with President Donald Trump’s Fourth of ning in Congress: The Boston Globe. On Public Citizen’s WorstPills.org and Worst July celebration: The Washington Post, HuffPost, Salon. On the FTC approving the End Price Gouging for Medications Pills, Best Pills News. a Facebook fine of about $5 billion: Act: KTVZ News Channel 21 (Oregon). To subscribe to WorstPills.org, our website, The New York Times, MarketWatch, for only $10 a year, visit www.WorstPills.org, Common Dreams. On lowered Equifax David Arkush, managing director of and type in promotional code OP4J5PC when cash payouts: The Washington Post, Public Citizen’s Climate Program prompted. MSN News. On Facebook’s creation On rising temperatures: HuffPost. On of Libra, a new virtual currency: The newspapers needing to cover climate To subscribe to the monthly print edition American Prospect, The Palm Beach Post, change better: The Bulletin of the Atomic of Worst Pills, Best Pills News for a Crowdfund Insider. On the Asunción Scientists. discount—$10 a year—mail in the form Valdivia Heat Illness and Fatality below. (Phone orders without this coupon Prevention Act (H.R. 3668): Arizona Adrian Shelley, director of Public are $20.) Public Media, People’s World. Citizen’s Texas office On fires at the ExxonMobil plant Yes! I will subscribe to the print edition of Worst Pills, Best Pills News Lisa Gilbert, vice president of in Texas: The Wall Street Journal, Bloomberg, Houston Chronicle. On com- for only $10 for 12 monthly issues. ­legislative affairs On the revolving door between the panies’ responsibility to deal with the All orders must be prepaid Pentagon and the defense industry: climate crisis: Houston Public Media. Check (payable to Public Citizen) The Hill. On the increase of big tech On the dangers of rolling back envi- lobbyists: NPR. On presidential can- ronmental regulations: Politico. Credit card: Visa Mastercard didate Joe Biden not talking about his Amex Discover legislative record against big money: Craig Holman, government affairs HuffPost, Yahoo! News. On tech compa- ­lobbyist with Public Citizen’s nies increasing their lobbying expendi- Congress Watch division CREDIT CARD NUMBER ture: Yahoo! Finance. On state measures designed to curb the revolving door: The Baltimore Sun, EXP. DATE Lori Wallach, director of Public Roll Call, Associated Press. On Trump’s Citizen's Global Trade Watch Fourth of July celebration: Los Angeles On the Trump administration and Times, San Diego Union-Tribune, SIGNATURE (AS IT APPEARS ON CARD) Democrats fixing the North American Daily Press (Va.). On Congress’ fail- Free Trade Agreement (NAFTA) 2.0: ure to crack down on insider trading: NAME Associated Press, The New York Times, Chicago Tribune. On the Border Patrol The Houston Chronicle, Muskogee Daily Foundation moving its 2018 fundraiser 8-DIGIT ID NUMBER (FROM MAILING LABEL) Phoenix, AlterNet. On the limitations to the Trump International Hotel in of existing free trade agreements: Washington, D.C.: Quartz. On scandal surrounding U.S. Rep. Chris Collins STREET ADDRESS Washington Monthly. On Trump’s trade plans: Free Speech TV. On Joe Biden’s (R-N.Y.): The Buffalo News. record of voting for NAFTA: Politico. CITY On David Koch’s dark money political Bartlett Naylor, financial policy network: Roll Call. ­advocate of Public Citizen’s Congress STATE/ZIP Watch division On strengthening the Volcker Rule: Dr. Michael Carome, director of Public Forbes. On the decrease in financial EMAIL ADDRESS Citizen’s Health Research Group regulation: Credit Union Times. On On the U.S. Food and Drug the Consumer Financial Protection PHONE NUMBER Administration’s (FDA) creation of the Bureau’s extension on the comment MAUDE database: The Courier-Tribune, period for its proposed debt collection MedTech Dive. On the decrease of FDA Send order to: rule: Auto Finance News. enforcement actions under Trump: Public Citizen Science. On unethical ketamine clinical Public Citizen Litigation Group P.O. Box 96978 trials: Minnesota Spokesman-Recorder. On Labor Department Secretary nom- Washington, DC 20090-6978 On the FDA’s lack of reaction to an inee Eugene Scalia needing to recuse unsafe drug made by Pfizer: Milwaukee himself on worker safety issues: OP4J5PC Journal Sentinel. On limitations on Bloomberg Law. On having the anti- generic drug manufacturers to warn renewable energy group New England consumers about newly discovered Ratepayers Association disclose its hazards: Milwaukee Journal Sentinel, donors: Energy News Network. On Yahoo! News, CQ Health. On overworked Trump’s border wall: USA Today. On www.WorstPills.org medical residents: Pacific Standard. On California’s anti-Strategic Lawsuit the inaccuracy of prescription drug Against Public Participation statute: labels: Drugwatch. The Daily Progress.

14 SEPTEMBER/OCTOBER 2019 PUBLIC CITIZEN NEWS FOR YOUR ENTERTAINMENT: Public Citizen Crossword Answers, page 16 The Price Ain't Right BY JIM QUINLAN Across 52. Rip into, verbally 54. Changes hair 1. Hooters color, perhaps 5. When Stephen Colbert airs, 55. Like many drug generally speaking costs, and a hint to 9. Amy who starred in "Sharp solving 18-, 23-, 35-, Objects" and 50-Across 14. "We're in trouble..." 58. Tennis score 15. Addresses that are often after deuce bookmarked 61. Division of 16. Batman's buddy ancient Babylonia 17. Wander 62. Back side of the 18. Stephen King clown who is neck 55-Across? 63. Scurriers in a 20. "At Wit's End" author Steinbeck title Bombeck 64. Olympic swords 22. "Hmmm..." 65. Crossword 23. Brown bread that is puzzle pattern 55-Across? 66. Emulate a geyser 27. Lively, like a shampoo? 28. Shaquille or Tatum Down 29. Altar words 1. Pronoun that 30. Lawn that comes in rolls sounds like sixty 31. Accomplished minutes 32. Show that featured Carrie 2. Question asked by 23. "They're not earbuds! They're 45. Angling in, as a nail Underwood and Kelly Clarkson, 1-Across Air___!" (common quote from a 47. Building supporters casually 3. Fab Four hit of 1964 student when I politely 48. Like some encounters and 34. Disco ___ ("Simpson's" charac- 4. Everest hiker who isn't in it for request they remove listening calls ter whose name is found in the the photo op devices before class, followed by 49. Gun, as an engine alphabet) 5. Type of calendar an eye roll) 50. Modern TV feature that may 35. Comes to a quick, but 6. Agent Gold of HBO's 24. The "U" in ICU enable bingewatching 55-Across halt? “Entourage" 25. "My Heart Will Go On" singer 51. Did sum work? 41. Fireplace remnants 7. RN's specialty, for short 26. Identification sticker 53. Auto financing figs. 42. Put underground 8. Word that can precede kiss or 30. Keep out of a 10-Down 56. Common gameshow prize 43. Palindromic “before" pie 33. Homeric cry? 57. Center opener? 44. Undergarment with an 9. Singer Guthrie 34. Big ___, California 59. Hard water underwire 10. Rain... and then some 36. Like a simple golf hole 60. Fresh out of the package 45. Coffee alternative 11. Put up with 37. Kind of control: Abbr. 46. Brand of cup that sounds 12. Scrooge, for one, prior to his 38. Curtsy in which one's head southern epiphany nearly touches the floor 48. Lit ___ (college course, 13. "Hägar the Horrible" dog 39. Idle of Monty Python informally) 19. Animal that sounds like the 40. Stink to the extreme person solving this crossword 44. A crude rejoinder as 50. Football player who is 21. McCarthy who portrayed President Donald Trump would 55-Across? Sean Spicer use

Jim Quinlan constructs the crossword gratis. Public Citizen appreciates his generous contribution.

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PUBLIC CITIZEN NEWS SEPTEMBER/OCTOBER 2019 15 Breaking the HIV Prevention Monopoly BY RHODA FENG n 2007, federal scientists Imade a startling discovery: An “As with many new medicines, taxpayers pay twice: first through public funding HIV treatment showed signs of of research and development, then for the monopoly prices the companies set preventing new HIV infections in after acquiring the rights to the drug.” monkeys. The U.S. government —Peter Maybarduk, director of Public Citizen’s Access to Medicines program funded clinical studies to confirm the medicine’s effectiveness for pre-exposure prophylaxis (PrEP) and obtained patents on this In February, President Donald • Use government patents inventions and pointing out that breakthrough. Trump announced his plan to protecting the use of Truvada patent royalty payments from Yet, many years after its eliminate HIV transmission by as PrEP for the benefit Gilead alone could fund a universal approval for PrEP, Truvada still 2030. Achieving this goal would of the American people. PrEP program to dramatically remains priced out of reach for require either greatly increasing Any licensing agreement reduce the number of new HIV the taxpayers who helped fund government spending or must require that Gilead infections in the country. its development. significantly reducing medicine dramatically reduce the price “We have the technology to Public Citizen is calling on prices. But the administration of Truvada and provide the end AIDS in this generation,” the government to act and for has done neither. Approximately drug at cost to public health said Maybarduk. “Indeed, the lawmakers to investigate. 40,000 new HIV infections are programs. U.S. government in part owns that Although Gilead Sciences reported every year, according • Increase access to Truvada technology. It is in our power to developed Truvada to treat to the U.S. Centers for Disease in communities where ensure that corporations make it HIV and got U.S. Food and Drug Control and Prevention (CDC). PrEP is underused, such as available to everyone who needs Administration approval of the Truvada has been shown to be communities of color, and it. The Trump administration drug in 2004, the corporation up to 99% effective at preventing fund existing community must make it happen.” didn’t pay for any of the original the spread of HIV, but its price tag health centers providing HIV research that led to the new use puts it out of reach for more than prevention services. Crossword Answers of Truvada: HIV prevention. 90% of the 1.2 million Americans • Disclose to the public any and Using Truvada to prevent HIV at high risk for exposure to HIV. all communications between infections — Truvada as PrEP — In 2018, the company made $3 the CDC and Gilead. was developed using at least $50 billion in sales on Truvada and has • Involve all communities million in federal grants. Truvada consistently increased the price of vulnerable to HIV in all future manufacturer Gilead charges the drug since its approval for PrEP discussions and potential more than $2,000 a month for the in 2012. The PrEP patents, which settlement agreements with drug, which costs less than $6 per were uncovered by HIV activists Gilead. month to manufacture. running a PrEP4All campaign, Public Citizen has helped “As with many new medicines, represent a potential multibillion- PrEP4All activists call on taxpayers pay twice: first through dollar funding stream for the CDC lawmakers to act. In May, the public funding of research and Public Citizen has supported U.S. House Oversight and Reform development, then for the and advised the campaign and committee held a hearing on monopoly prices the companies in April, signed on to a letter by Truvada’s pricing. Public Citizen set after acquiring the rights to the PrEP4All activists calling sent the committee information IN THE NEXT ISSUE... the drug,” said Peter Maybarduk, on the director of the CDC and highlighting the systemic failure We report on the U.S. Justice director of Public Citizen’s Access Assistant Secretary for Health of the U.S. government to demand Department’s refusal to prosecute to Medicines program. Brett Giroir to: affordability for federally funded corporate repeat offenders. Charitable Gift Annuity A gift that gives back to you!

A charitable gift annuity is a simple contract between you and Public Citizen Foundation that supports us while providing you (and another individual) with a charitable deduction and payments on a quarterly basis for the rest of your life. The minimum gift to establish this annuity is $10,000 using cash or securities, and the minimum age is 65. The following are some of the payments we offer for one individual. Payments for two people are available upon request.

AGE WHEN ANNUAL PAYMENT ESTABLISHED ANNUITY RATE BASED ON $10,000 65 years 5.1% $510 70 5.6% $560 75 6.2% $620 80 7.3% $730 85 8.3% $830 90 and over 9.5% $950

For a confidential, free sample illustration, or more information, please contact Amanda Fleming at 800-999-1906 or [email protected]. 16 SEPTEMBER/OCTOBER 2019 PUBLIC CITIZEN NEWS