WASHINGTON – Sens. John Kennedy (R-La.) and Amy Klobuchar (D-Minn.), members of the Senate Judiciary Committee, introduced the Journalism Competition and Preservation Act (JCPA). This bipartisan legislation would support small, local, independent and conservative news publications by giving them a level playing field in negotiations with Big Tech platforms that often prevent them from making a profit from their work online.
“Local papers—especially the independent papers in Louisiana—are the heart and soul of journalism, and they break the news that millions of Americans rely on every day. However, tech giants like Facebook and Google are hammering local publications by keeping them from making a profit on Big Tech platforms—and it’s killing local journalism. This bill supports the little guy by allowing local news providers to better negotiate with tech companies for the earnings they deserve,” said Kennedy.
“As the daughter of a newspaperman, I understand firsthand the vital role that a free press plays in strengthening our democracy. But local news is facing an existential crisis, from ad revenues plummeting and newsrooms across the country closing to artificial intelligence tools taking content. To preserve strong, independent journalism, news organizations must be able to negotiate on a level playing field with the online platforms that dominate news distribution and digital advertising. Our bipartisan legislation ensures that media outlets can band together and negotiate for fair compensation from the Big Tech companies that profit from their news content, allowing journalists to continue their critical work,” said Klobuchar.
The JCPA would remove legal obstacles in order to allow small and mid-sized news organizations to negotiate jointly for compensation from digital platforms, including Facebook and Google, that access their content without allowing them to profit from their journalism. The legislation also allows news publishers to demand arbitration if they reach an impasse in negotiations with digital platforms.
Sens. Bill Cassidy (R-La.), Roger Wicker (R-Miss.), Susan Collins (R-Maine), Cynthia Lummis (R-Wyo.), Steve Daines (R-Mont.) and Lindsey Graham (R-S.C.) cosponsored the bill.
The JCPA would:
- Protect small or independent publications, including those that express conservative viewpoints, from being discriminated against by digital platforms. The bill would also provide a private right of action for violations of this rule.
- Prohibit covered platforms from discussing ways to “display, rank, distribute, suppress, promote, throttle, label, filter, or curate” content as means of preventing content moderation from influencing the commercial agreement.
- Not apply to large publishers, including large mainstream outlets such as The New York Times and The Washington Post.
- Block retaliation against eligible digital journalism providers for participating in joint negotiations or arbitration and provide a private right of action for violations of this prohibition.
- Help independent, local or conservative online news publishers with less than 1,500 full-time employees and non-network news broadcasters to negotiate jointly with a covered digital outlet over the terms and conditions of the outlet’s access to digital news content.
- Require covered platforms to include those that have at least 50 million U.S.-based users or subscribers and are owned or controlled by a person that has either net annual sales or market capitalization greater than $550 billion or at least 1 billion worldwide monthly active users to negotiate in good faith with the eligible news organizations.
- Enable digital news publications to demand final-offer arbitration if a joint negotiation with a covered platform does not result in an agreement after six months.
- Create a limited safe harbor from federal and state antitrust laws for eligible digital journalism providers that allows them to participate in joint negotiations and arbitration and, as part of those negotiations, to jointly withhold their content from a covered platform.
- Sunset within eight years.
The bill text is available here.
WASHINGTON – Sen. John Kennedy (R-La.), Sen. John Thune (R-S.D.) and dozens of other Republican senators introduced the Death Tax Repeal Act of 2023 to permanently repeal the federal estate tax, commonly known as the “death tax.” The Death Tax Repeal Act would amend the Internal Revenue Code of 1986 to finally end a punitive tax that has the potential to cripple family-run farms, ranches and businesses with its tax burden upon the owner’s death.
“The death tax is lethal to many of America’s family-run businesses and farms. Louisianians—especially those in rural communities—shouldn’t lose a legacy of family work to a punishing, illogical tax burden. By ending the death tax, we can make it easier for families to pass their farms and businesses on to the next generation,” said Kennedy.
“Agriculture is the backbone of South Dakota’s economy. For years I have fought to protect farm and ranch families from the onerous and unfair death tax. Family-owned farms and ranches often bear the brunt of this tax, which makes it difficult and costly to pass these businesses down to future generations. I will continue to do everything in my power to remove these roadblocks for family businesses and repeal the death tax once and for all,” said Thune.
This legislation is supported by the American Farm Bureau Federation, National Cattleman’s Beef Association, National Federation of Independent Business, National Association of Manufacturers, Family Business Coalition, Family Business Estate Tax Coalition, Policy and Taxation Group, Associated General Contractors of America and National Taxpayers Union, among others.
Kennedy and Thune previously introduced the Death Tax Repeal Act of 2021 last Congress.
Full bill text is available here.
MADISONVILLE, La. – Sen. John Kennedy’s (R-La.) plan for the National Oceanic and Atmospheric Administration (NOAA) to transfer the National Marine Fisheries Services (NMFS) building to the University of Louisiana at Lafayette is completed, following approval in the House and Senate. Kennedy is a member of the Senate Appropriations Committee, which first adopted the plan.
The building space will be a part of a laboratory school initiative within the College of Education and Human Development, known as the Learning Lab.
“The completion of the building transfer plan is a big win for the University of Louisiana at Lafayette. The laboratory school will benefit countless people in years to come, and I am proud that our work on the Appropriations Committee helped make this happen,” said Kennedy.
“The acquisition of the NOAA building enables the University of Louisiana at Lafayette and its College of Education & Human Development to provide, through the creation of a laboratory school, a space for high-quality teaching that will foster within our youngest minds a lifelong love of learning. The Learning Lab will be a place that will inspire creativity, embolden curiosity, and promote an environment where aspiring educators can immerse themselves in a living model of best educational practices. The hard work and dedication of Senator Kennedy has set all this in motion, and we’re very grateful for his leadership and support,” said Dr. Joseph Savoie, University of Louisiana at Lafayette president.
Background:
• In 1993, the University of Louisiana at Lafayette and NOAA agreed that, if NOAA ceased operations, the building would return to the university.
• Following NOAA’s announcement that or would discontinue operations in the building, Congress received a three-part plan, which includes returning the building to the University of Louisiana at Lafayette, consolidating the NMFS into one suite in the building and leasing the space to NMFS from the University.
• The university relocated federal partners housed in the NOAA building in order not to disturb their scientific work.
WASHINGTON – Sen. John Kennedy (R-La.) applauded the Senate’s passage of the Congressional Review Act (CRA) joint resolution of disapproval to prevent the Biden administration’s Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers from expanding federal regulation over certain bodies of water by a vote of 53-43. Kennedy cosponsored the resolution, which Sen. Shelley Moore Capito (R-W.Va.) introduced in February 2023.
“I’m proud to join my colleagues on both sides of the aisle and in both chambers of Congress to protect Louisianians from this bureaucratic power grab. I hope that President Biden will do the right thing for America’s farmers, energy producers and land owners and stop the EPA’s abusive rule,” said Kennedy.
“By voting to overturn President Biden’s waters rule, we are sending a clear, bipartisan message that Congress, even a divided one, will defend working Americans in the face of executive overreach. I’m proud to lead my colleagues in standing up for farmers and ranchers, landowners and builders, and energy and infrastructure workers across the United States. I urge President Biden not to overrule the will of a bipartisan majority in Congress, and instead draft a new rule that doesn’t unfairly penalize millions of Americans and jeopardize future growth in our country,” said Capito.
The House of Representatives passed the resolution earlier this month, where Rep. Sam Graves (R-Mo.) led the effort.
Background:
- In 2015, the Obama-Biden administration finalized a rule expanding the definition of WOTUS. This change created burdensome regulations that impact Louisiana farmers, energy producers and other industry.
- In 2020, the Trump administration finalized a rule undoing the previous administration’s red-tape.
- In December 2022, the Biden EPA and U.S. Army Corps of Engineers announced a final rule on WOTUS that would expand the regulatory power of the federal government.
The resolution is available here.
WASHINGTON – Sen. John Kennedy (R-La.), a member of the Senate Banking Committee, and Sen. Bob Menendez (D-N.J.) introduced the National Flood Insurance Program (NFIP) Consultant Accountability Act of 2023 to protect homeowners who are victims of natural disasters from working with third parties that are found guilty of property damage assessment fraud.
“Far too often, fraudsters seek to take advantage of unsuspecting Louisianians who experience damage to their homes after a natural disaster strikes. FEMA should have the ability to fire all bad actors who are found guilty of defrauding homeowners. Our bill would make that a reality,” said Kennedy.
The legislation would allow the Federal Emergency Management Agency (FEMA) to fire third parties involved in NFIP contracts that mishandle claims. Such third parties could include consultants, contractors, law firms, engineering firms and others.
Currently, FEMA can only cut ties with individuals or entities that have a criminal conviction.
“One of the many issues plaguing the National Flood Insurance Program is the lack of robust accountability. After Hurricane Sandy, engineering firms, consultants, and lawyers that were contracted with the NFIP tried to prevent victims from getting a fair claims check. Unfortunately, some of these contractors still work for the program. This critical legislation gives FEMA the necessary authority to swiftly terminate contracts with bad actors that have deliberately mishandled claims,” said Menendez.
Full text of the bill is available here.
WASHINGTON – Sen. John Kennedy (R-La.) today joined Sen. Mike Lee (R-Utah) and other senators in introducing the Advertising Middlemen Endangering Rigorous Internet Competition Accountability (AMERICA) Act to restore and protect competition in digital advertising. The legislation would eliminate conflicts of interest that have allowed leading Big Tech platforms to manipulate ad auctions and impose monopoly rents on large portions of the U.S. economy.
“Big Tech does not have the right to stack the deck in its favor at the expense of competition. I’m supporting the AMERICA Act to hold Big Tech accountable for anti-competitive behavior and limit its power to manipulate ads that get pushed to unsuspecting consumers,” said Kennedy.
“Companies like Google and Facebook have been able to exploit their unprecedented troves of detailed user data to obtain vice grip-like control over digital advertising, amassing power on every side of the market and using it to block competition and take advantage of their customers. . . . That is why I have introduced this bill, and why I believe it is the first step towards liberating the internet—and therefore much of the 21st century economy—from the grip of Big Tech monopolists,” said Lee.
Google and Facebook dominate digital advertising. Google is the leading or dominant player in every part of the ad tech economy: the ad-buying side, the ad-selling side and the exchange that connects them. 90 percent of large publishers use Google Ad Manager. In the third quarter of 2018, Google Ad Manager served 75 percent of all online display ad impressions.
Google uses its pervasive market power across the digital advertising ecosystem—and exploits numerous conflicts of interest—to extract monopoly rents and stack the deck in its favor. These monopoly rents function as a tax—upwards of 40 percent—on every ad-supported website and every business that advertises online. Collectively, that represents a huge segment of the modern economy.
The AMERICA Act would restore and protect competition in digital advertising in two ways. It would prohibit large digital advertising companies from owning more than one part of the digital ad ecosystem if the company processes more than $20 billion in digital ad transactions. The bill would also require medium-sized and larger digital advertising companies that process more than $5 billion in digital ad transactions to abide by several obligations to protect customers and competition.
Kennedy introduces welfare accountability package to bolster U.S. economy, empower workers
Mar 29 2023
WASHINGTON – Sen. John Kennedy (R-La.) today introduced two bills, the Jobs and Opportunities for SNAP Act and the Jobs and Opportunities for Medicaid Act, to bring capable Americans back into the workforce, strengthen the U.S. economy and fight poverty.
“Ultimately, the best cure for poverty is a job. Taxpayers want to see that their hard-earned dollars are supporting those who can’t work, not bankrolling those who won’t work. Congress can start ending the cycle of poverty by helping able-bodied Americans become upwardly mobile—so they can enjoy the freedom and success that government dependence can’t offer anyone,” said Kennedy.
The Jobs and Opportunities for SNAP Act would reinstate work requirements for able-bodied adults who do not have dependents to receive Supplemental Nutrition Assistance Program (SNAP) benefits.
The Jobs and Opportunities for Medicaid Act would require all able-bodied adults to work or volunteer for at least 20 hours per week in order to receive Medicaid benefits.
Rep. Jake LaTurner (R-Kan.) is leading both bills in the House of Representatives.
The Jobs and Opportunities for SNAP Act is available here.
The Jobs and Opportunities for Medicaid Act is available here.
Watch Kennedy’s full remarks here.
WASHINGTON – Sen. John Kennedy (R-La.), a member of the Senate Judiciary Committee, today joined Sen. Lindsey Graham (R-S.C.) in introducing the Ending the Notorious, Aggressive and Remorseless Criminal Organizations and Syndicates (NARCOS) Act of 2023 to designate Mexican drug cartels as foreign terrorist organizations.
The legislation would also create a task force for the purpose of eliminating the threat that cartels and drug trafficking, particularly fentanyl, pose to American citizens.
“Americans are being killed on both sides of the border. And Americans are being addicted, certainly, on our side of the border—killed, too,” said Kennedy.
“We need to dismantle and disincentivize Mexico’s cartels in every way possible. Designating these murderers as foreign terrorist organizations would give U.S. officials more tools to use in putting the cartels and the networks that support them behind bars,” he explained.
“Despite what the President of Mexico says, drug cartels are in control of large parts of Mexico. They are making billions of dollars sending fentanyl and illicit drugs into the United States where it is killing our citizens by the thousands. Designating these cartels as Foreign Terrorist Organizations will be a game-changer. We will put the cartels in our crosshairs and go after those who provide material support to them, including the Chinese entities who send them chemicals to produce these poisons. The designation of Mexican drug cartels as FTOs is a first step in the major policy changes we need to combat this evil,” said Graham.
By designating drug cartels as foreign terrorist organizations, the U.S. government would have authority to prosecute individuals for drug and human trafficking. America could also use extraterritorial jurisdiction to target and prosecute foreign nationals involved with Mexican cartels or other transnational criminal organizations.
The Ending the NARCOS Act of 2023 would designate the following cartels as foreign terrorist organizations under the Immigration and Nationality Act:
- The Sinaloa Cartel
- The Jalisco New Generation Cartel
- The Gulf Cartel
- The Los Zetas Cartel
- The Northeast Cartel
- The Juarez Cartel
- The Tijuana Cartel
- The Beltran-Levya Cartel
- The La Familia Michoacana, also known as the Knight Templar Cartel
Kennedy’s remarks are here.
The bill text is here.
Watch Kennedy’s speech here.
WASHINGTON – Sen. John Kennedy (R-La.), a member of the Senate Judiciary Committee, today spoke on the Senate floor on behalf of crime victims in New Orleans. He urged the city to allow the New Orleans Police Department (NOPD) to use the legal and effective stop-and-frisk practice to prevent crime in the community.
“New Orleans is under attack. People there are being murdered. They are being shot. They are being raped. They are being stabbed. Their stuff is being stolen, and our quality of life is being degraded because of crime—because of crime, a cancer on our city,” said Kennedy.
“Statistically, it is more dangerous to be young and Black in New Orleans than it was to be a Marine in the Battle of Fallujah during the height of the insurgency in Iraq. Those are the numbers. Last year, my city had the highest murder rate in the country, twice the murder rate of Atlanta—twice! . . . Our murder rate was up 141 percent since 2019,” he continued.
Kennedy also pointed out that violent crime in the city is disproportionately harming minority communities. One in 14 African-American youths in New Orleans will be killed before the age of 35, while one in eight young African-American males will be shot. Although 33 percent of Louisianians are African-American, 70 percent of murder victims in New Orleans were African-American in 2022.
“Crime in New Orleans is affecting all of us in our city—residents and visitors, every income level, every part of our city—but no one is hit harder than our low-income communities. That’s true both in terms of public safety, and it’s also true economically,” Kennedy explained.
According to the Biden Justice Department, African Americans and Hispanic Americans are twice as likely as white Americans to be victims of violent crime. A 2013 poll found that two-thirds of African-American New Yorkers supported keeping stop and frisk in some form.
“Cops all over America stop and frisk suspects every single day, and they have for 50 years. And you know who endorses it? The United States Supreme Court,” said the senator.
“It is time to allow the men and women of the New Orleans Police Department to use stop and frisk without fear of losing their jobs,” he added.
While more than one million people live in the New Orleans metro area, the NOPD currently has only 913 officers on the force.
The Justice Department began investigating the NOPD in 2010 and entered into a consent decree in 2012. That consent decree does not prohibit the NOPD from employing stop-and-frisk crime prevention practices in accordance with the Supreme Court ruling in Terry v. Ohio. That ruling holds that police officers can stop and frisk individuals who they reasonably suspect are armed and involved in criminal activity.
Under mayors from both political parties, New York City implemented stop and frisk policing and lowered the murder rate from 31 per 100,000 to 3.3 per 100,000.
“I don’t want you to think that we have thousands of previously law-abiding New Orleanians turning to crime. . . . The problem we have is with career criminals, and they’re running rampant, and our cops are spread thin. . . . We need to allow our police officers to stop and frisk. It should be carefully monitored, it should be done legally, but it should be done. We have tried everything else—everything under the sun—to stop the extreme recidivists. Nothing has worked, and maybe this perfectly legal, very effective police policy—stop and frisk—which is used every day across America, will help,” Kennedy concluded.
Kennedy’s full remarks are here.
View Kennedy’s full questioning here.
WASHINGTON – Sen. John Kennedy (R-La.) today questioned Michael Barr, Vice Chair for Supervision of the Board of Governors of the Federal Reserve System, during a Senate Banking Committee hearing. Kennedy pressed Barr on the Federal Reserve’s failure to stress test Silicon Valley Bank (SVB) prior to its recent collapse.
Key comments from the exchange include:
Kennedy: “You didn't test for Silicon Valley Bank’s problem. I’ve read your report. Your stress test—you stress tested these 34 banks for falling GDP, spike in unemployment, and defaults on commercial real estate. Isn’t that correct?”
Barr: “Yes, in a typical adverse scenario for banks, we’re testing falling interest rate . . . ”
Kennedy: “But that wasn't our problem in 2022 . . . ”
Barr: “I completely agree with you . . . ”
Kennedy: “ . . . and it’s not our problem today. The problem is inflation, high interest rate and loss of value in government bonds, isn’t it?”
Barr: “I completely agree with you.”
Kennedy: “So, you stress tested in 2022 for the wrong thing.”
Barr: “The stress test is not the primary way that the Federal Reserve or other regulators test for interest rate risk.”
Kennedy: “But you stress tested for the wrong thing.”
Barr: “As I said, Senator, I agree with you that it would be useful to test for higher rising interest rates. . . . These decisions were made before I arrived, but I agree with you that it was better to do that.”
. . .
Kennedy: “So, all this business about, ‘Well, the amendment to Dodd Frank kept them from stress testing’—the way I see it, you chose not to stress test, and, if you had stress tested Silicon Valley Bank, you wouldn't have caught the problem.”
Barr: “As I said, Senator, I agree with you that the statute requires periodic stress testing. The Federal Reserve made a decision about how to implement that in 2019 that resulted in SVB not being tested . . . ”
Kennedy: “ . . . But you knew, the Federal Reserve knew well in advance, that Silicon Valley Bank had a problem with holding too much of its money in interest-rate-sensitive long government bonds, didn’t you?”
Barr: “I think the investing public and the Federal Reserve, which cited it for interest rate risk problems, knew that it had interest rate risk.”
Kennedy has previously spoken on the Senate floor twice, explaining how SVB’s collapse could have been prevented and how Biden regulators failed to oversee risk at SVB.
View Kennedy’s full exchange with Barr here.
