Tuesday, October 12, 2010

Legislative Update for October 12, 2010 Meeting

H.R. 4646 - Debt Free America Act

This bill is a terrible act. It is worse than the European style "value added" tax (VAT) that taxes every stage of production of goods.

This act imposes a 1% federal tax on every financial transaction.

From OpenCongress.org:

"States as purposes of this Act the raising of sufficient revenue from a fee on transactions to eliminate the national debt within seven years and the phasing out of the individual income tax. Amends the Internal Revenue Code to impose a 1% fee, offset by a corresponding nonrefundable income tax credit, on transactions that use a payment instrument, including any check, cash, credit card, transfer of stock, bonds, or other financial instrument. Defines "transaction" to include retail and wholesale sales, purchases of intermediate goods, and financial and intangible transactions. Establishes in the legislative branch the Bipartisan Task Force for Responsible Fiscal Action to review the fiscal imbalance of the federal government and make recommendations to improve such imbalance. Provides for expedited consideration by Congress of Task Force recommendations. Repeals after 2017 the individual income tax, refundable and nonrefundable personal tax credits, and the alternative minimum tax (AMT) on individuals.

Directs the Secretary of the Treasury to:

(1) prioritize the repayment of the national debt to protect the fiscal stability of the United States; and

(2)
study and report to Congress on the implementation of this Act."
Even though the bill offers the repeals of the income tax after (just how long after?) 2017, the compounded taxes of every financial transaction would amount to multiple times the total wealth that is already confiscated under the income tax.

The bill is currently under consideration by four committees: House Ways and Means, House Budget, House Rules, and House Appropriations.


H.R. 6144 - Better Use of Light Bulbs Act

To repeal certain amendments to the Energy Policy and Conservation Act that were scheduled to phase-out of incandescent bulbs set to starting in 2011.

See the following article for more information and to contact key House committee member.


DREAM Act Illegal Alien Amnesty, continued

In late September Senate Democrats hoped to attach the pro-amnesty DREAM Act to the Defense bill that was under consideration. Fortunately, the cloture vote on the Defense bill failed, with prevented the intended means for attaching the DREAM Act.


H.R. 6145 and S. 3791 (introduced by Tom Coburn)

From the Sept. 22 Reality Report:
"To require Members of Congress to disclose delinquent tax liability, require an ethics inquiry, and garnish the wages of a Member with Federal tax liability."

Section three details that within 30 days after filing, the member must "arrange with the Secretary of the Senate or the Clerk of the House of Representatives, as appropriate, and the Internal Revenue Service to have their salary REDUCED by an amount appropriate to pay the taxes owed to the United States within a reasonable time period."

Support H.R. 6145 and S. 3791. They are small but pivotal steps to stop corruption in the government."

S. 3790 (introduced by Tom Coburn)

From the Sept. 22 Reality Report:

"A bill to amend title 5, United States Code, to provide that persons having seriously delinquent tax debts shall be ineligible for Federal employment."

According to Section 7381 part b, the ineligibility for federal employment applies to future and current employees, which means it can KEEP the bums out, and KICK some of them out too! These include the Secretary of Treasury, Timothy Geithner, Health and Human Services Secretary, Kathleen Sebelius, and 39 other Presidential Executive Office employees. All together they owe over $830,000."

Disclose Act, continued

On Sept. 23 the U.S. Senate failed to garner the 60 votes necessary to invoke cloture to consider the DISCLOSE Act. The final vote was 59-39.

Downsize DC: "This makes it very unlikely that the bill will be passed before the election, and there's almost no chance it could be passed after the Republican gain seats in Congress. This means DISCLOSE is dead. It's a definite victory."


S. 3767 - Food Safety Accountability Act of 2010 (introduced Sept. 13 by Patrick Leahy)

From NaturalNews:
"Beware of Senate bill 3767, the so-called Food Safety Accountability Act. This dangerous legislation, if passed, would criminalize nutritional supplement manufacturers who tell the truth about their products or link to published scientific studies describing the biological benefits of their products. Based on language in the bill, health proponents who sell supplements could be criminalized and convicted to ten years in prison."
Continue reading.


30 Large Corporations Get Obamacare Waivers

Via Daily Paul and USA Today:

Nearly a million workers won't get a consumer protection in the U.S. health reform law meant to cap insurance costs because the government exempted their employers.

Thirty companies and organizations, including McDonald's (MCD) and Jack in the Box (JACK), won't be required to raise the minimum annual benefit included in low-cost health plans, which are often used to cover part-time or low-wage employees.

The Department of Health and Human Services, which provided a list of exemptions, said it granted waivers in late September so workers with such plans wouldn't lose coverage from employers who might choose instead to drop health insurance altogether.

Tuesday, September 14, 2010

Legislative Update for September 14, 2010 Meeting


Federal Legislation


H.R. 6099 and S. 3760 - Auto IRAs

This bill takes away more personal financial freedom. It requires employees (who work for companies that have 10+ employees) to submit to a required automatic payroll deduction toward an "Auto IRA". Of course, the bill is supported by financial companies, such as Putnam Investments, who would benefit from a new class of involuntary customers.

The bill is written in flowery language that attempts sound as if the politicians are just looking out for you, and Putnam's Chief Executive Officer, Robert L. Reynolds had the nerve to pretend that your potential loss of freedom is an event to be hailed. “This is a smart, low-cost idea that can give almost all working Americans a stake in our free enterprise system and help them secure their own futures at the same time. At the end of the day, all Americans would benefit from having a more inclusive, robust retirement savings system.”

It is believed by some insiders that the Auto-IRA is just a first step toward comprehensive nationalization of almost all retirement funds. The thought is that this scheme will be used to finance government-issued debt instruments that foreign investors have been backing away from over the past year, forcing the Federal Reserve to monetize national debt by creating currency out of thin air to buy longer term national debt treasury bonds. This process is analogous to a snake eating its own tail. Those in power know it is unsustainable, and therefore this Auto IRA bill is likely only a first step toward further control of citizen retirement funds, which will effectively act as collateral for the debt byproduct of our suffocating behemoth government.

It should be noted that defeating this plan is not as simple as just voting out Democrats and voting in Republicans in November. Many on the conservative side are also spinning the Auto IRAs in a positive light, such as David John, a leading analyst from the Heritage Foundation.


S. 1619 - Livable Communities Act, introduced by lame duck, Chris Dodd

This bill will usurp power from local and state governments by impose new federal zoning regulations to measure to implementing the United Nations Agenda 21 "Sustainable Development" policy domestically within the United States.

The Office of Sustainable Housing and Communities will be charged with administering two new grant programs. One program will pay for multi-regional comprehensive planning; the other will pay for the projects called for in the multi-regional plans. Nearly $4 billion is authorized to be appropriated. A new Interagency Council on Sustainable Communities will see that "Sustainable Development" policies are implemented throughout the federal government. The Council will consist of cabinet secretaries or their designees. The Council will be authorized to hire a staff to “ensure interagency coordination of federal policy on sustainable development.”

From The Times Examiner:

Land that is designated as “wilderness” occupies more than 107 million acres. “Wilderness is land on which no human activity – other than walking carefully – is allowed.

Dodd’s bill, like all sustainable development propaganda, paints a warm and fuzzy picture of what ‘livable’ or ‘sustainable communities’ should be,” said Lamb. “The propaganda fails to point out that in order to achieve this Marxist utopia, government has to enforce the vision. This means that people must live where government says they must live; in homes that meet the government’s design criteria; and travel to work in vehicles approved by government.

The end result of the comprehensive land use plan is to draw lines on a map, which deprives individuals of private property rights whose land is outside the urban boundary zones – commonly called ‘Smart Growth.’ The value of the land inside urban boundary zones skyrockets, as does the cost of living for all who reside there.

[Henry] Lamb [of Sovereignty International] concludes that: “Dodd’s bill goes a long way to transforming America into what looks a lot like regional soviets where unelected agency appointees draft a plan by which all must live, and then enforce the plan with the power of law. Such a place cannot be described as ‘the land of the free.’ Nor can it be called ‘the home of the brave’ if voters allow this transformation to continue."

According to the non-profit American Policy Center the bill:
  • Is a blueprint for the transformation of our society into total Federal control.
  • Will enforce Federal Sustainable Development zoning and control of local communities.
  • Will create a massive new “development” bureaucracy.
  • Will drive up the cost of energy to heat and cool your home.
  • Will drive up the cost of gasoline as a way to get you out of your car.
  • Will force you to spend thousands of dollars on your home in order to comply.
According to Personal Liberty Digest:

"A carrot and stick policy will be used to get your local government to sign on. The carrot is billions of dollars in grants available if your local government agrees to amend zoning laws that restrict housing in outlying areas, forcing people to give up their homes and land and move into the city center.

"The stick will be denial of the funds and bad publicity generated by “Green” organizations criticizing government officials for turning down free money.

"The rub is the grants will come with strings attached that force local governments to bend to the will of the Feds.

"The idea of these social engineering initiatives is to force people to live in a congested area in high rise buildings with housing on the upper floors and stores on the bottom. The whole area will be linked by mass transit creating the “utopian” communities loved by socialists.

"The result will be higher costs for housing (because overcrowding will make housing space a premium) and goods and services (because of less choice and competition) and less freedom to move about (because cars won’t be necessary and parking space will be prohibitively expensive)."



Yet Another Obamacare Surprise - 3.8% Home Sales Tax

As of January 1, 2013 a new 3.8% home sales tax will be slapped on home sales for anyone who is considered rich ($250,000+/$200,000+ annual gross income, married/single) for capital gains that exceed $250,000/$500,000 for those who are single/married.

Bear in mind these are nominal dollar amounts. Given the rate at which the Federal Reserve is debasing the dollar it is easily possible to see a 10% compounded inflation by 2013, and for inflation to thereafter continue along its parabolic long-trending upward curve. Eventually this added progressive taxation will hit more and more of the middle class.


H.R. 1064 - Youth Promise Act, aka "Cash for Crips"

The official full name of this bill is actually the "Prevention Resources for Eliminating Criminal Activity Using Tailored Interventions in Our Neighborhoods Act of 2009". The bill has 235 House cosponsors.

This bill seeks to spend $1.6 billion in taxpayer money toward rehabilitation centers for urban gang members. Among the services covered by bill are the removal of gang tatoos.

According to Judicial Watch, “The infusion is necessary because budget cuts have forced groups like Homeboy Industries to stop paying gang members to attend work training sessions and carry out maintenance work at centers that offer them a variety of free perks. Some do administrative jobs to help out, but they still get regular checks.”


Virginia Legislation


H.B. 1397 - Nullification of "Cap and Trade" Building Regulations

Delegate Bob Marshall has introduced H.B 1397 for the 2011 Virginia Legislative session to nullify federal building regulations that would be imposed under the impending federal "Cap and Trade" bill.

Here is the bill summary:

Residential energy efficiency standards. Exempts any residential building or manufactured home in Virginia from being subject to federal "cap and trade" legislation if such buildings comply with the Statewide Uniform Building Code. The owner of such building or home cannot be required by the federal government to (i) have an energy efficiency analysis conducted on his residence, (ii) have his residence meet federal energy efficiency standards, (iii) participate in a building performance labeling program, (iv) make modifications to the residence in accordance with federal legislation, and (v) post a label showing the energy efficiency of his home prior to its sale. The bill also prohibits a state agency from assisting any federal agency in the implementation of global warming or climate change legislation.

Tuesday, August 10, 2010

Legislative Update for August 10, 2010 Meeting

H.R. 5741 - Mandatory National Service, introduced on July 15, 2010 by Charles Rangel

"To require all persons in the United States between the ages of 18 and 42 to perform national service, either as a member of the uniformed services or in civilian service in furtherance of the national defense and homeland security, to authorize the induction of persons in the uniformed services during wartime to meet end-strength requirements of the uniformed services, and for other purposes."

Note that this bill would be more comprehensive than the last national military draft. The bill enslaves both men and women, and at much broader age group. Some would say that since Barack Obama has committed the U.S. to war if Israel goes to war, passage of this bill will essentially put the freedom of U.S. citizens in the hands of the Israeli policy makers. However, many forget that we are already at war in the Middle East, and we have had many wars since the last time the U.S. headed the Constitution to wage war in WWII with a declaration of war.


H.R. 1586 - Education Jobs and Medicaid Assistance Act

H.R. 1586 was originally the FAA Air Transportation Modernization and Safety Improvement Act, but the House-passed text of the FAA authorization was replaced in the Senate with an amendment sponsored by Sens. Reid (D-NV) and Murray (D-WA) to become a bailout.

The Senate passed the altered bill on August 5, 2010. Nancy Pelosi has called a special session of Congress to address this bill. The special session will cancel meetings that represenatives would have had with their constituents.

Facts about the bill:
  • It contains a total of $26.1 billion in temporary state bailouts.
  • The bill provides $10 billion that states are REQUIRED to use to pay teacher salaries. States who receive this money must agree to not reduce their budgets below 2009 levels. This all but guarantees that further taxpayer funded bailouts will be required, because even if states wanted to take responsible action to reduce their spending, they are prohibited from doing so.
  • This bill sets the stage for a nationalized education system by expanding federal government control over education and diminishing the role of parents, teachers and local communities.
  • Democrats claim this money is necessary spending on children’s education. In reality, this is a blatant payoff for teachers unions, a significant Democrat base, which keeps demanding more money from taxpayers without producing better results for children. The Wall Street Journal made this point in a July 14th editorial, “School districts have been adding to their payrolls for decades without regard to student enrollment and much to show in academic improvement. Total education spending grew by 32% between 1999 and 2009, while K-12 enrollment has grown by less than 1% each year over the same time period. The reality is that districts could economize and trim the bureaucracy without having to lay off as many teachers as they claim.” But, this legislation would prohibit such economizing!
  • The bill also increases Medicaid spending by $16.1 billion by extending the federal Medicaid matching rate of 6.2% to all states through December 2010, then phasing the matching rate increase down to 3.2% for the first three months of 2011, then to 1.2% for April through June 2011.
  • The legislation includes $9.7 billion in permanent tax increases on multinational companies. This will absolutely kill jobs and further diminish the United States’ ability to compete with foreign corporations.
  • The Congressional Budget Office (CBO) estimates that this bill will increase the deficit by $12.6 billion.
According to washingtonwatch.com, the bill will cost the average American $126 a year.


H.R. 3534 - Consolidated Land, Energy, and Aquatic Resources (CLEAR) Act

This bill would the control of U.S. lakes and coastal waters in the in the hands of the National Ocean Council, which Barack Obama established through fiat by executive order. This would be done by the creation of yet another new council would would be overseen by Obama's National Ocean Council. The ultimate plan is to usurp the state and national sovereignty of these waters to place them in the control of unelected officials who agree with the tenants of the U.N.-sponsored Law of the Sea Treaty (LOST). LOST is part of Agenda 21, a fraudulent agenda to build up more top-down global control over formerly sovereign nations, under the guise of improving ecological sustainability.

More info at http://bit.ly/cGNiXG .


H.R 5175 / S. 3628 Disclose Act - Failed Senate Cloture Vote

The Disclose act failed a Senate cloture vote, 57-for to 41-against, on July 27. 60 votes are require for a cloture vote to pass. This is a temporary victory against this terrible bill (which was discussed in the previous legislative report). Since Harry Reid reversed his yay vote to nay at the last minute, after he saw that the cloture would fail, Senate rules allow him to move for reconsideration of the bill for another cloture vote at a time of his choosing.


Obamacare surprise #1 - new Form 1099 IRS filing requirement on transactions >= $600

Starting Jan. 1, 2012, IRS Form 1099s must be filed for purchases of all goods and services by small businesses and self-employed people that exceed $600 during a calendar year. This means that government would have the means to track significant purchases of precious metals. It should be remembered that in 1933 President Roosevelt issued Executive Order 6102 and confiscated privately owned gold which was subsquently shipped overseas. The previous owners of the confiscated gold were compensated by only a fraction of the gold's value.


Obamacare surprise #2 - Taxable income may be raised by employer cost of insurance

Starting in 2011, next year-the W-2 tax form will include the the cost of whatever health insurance you are provided. There is some debate over whether this reported insurance cose will be included as part of gross income.

If the insurance cost does get counted as gross income, this will effectively increase income taxes, and, for some who get bumped into a higher tax bracket, it would increase their tax rate.


SEC Now Officially a Rouge Agency

The recently-passed Financial "Reform" Bill gives SEC exemption to the Freedom of Information Act (FOIA). This basically means that the public will have little of any recourse to any economic interference by the SEC, and that that public also will not have adequate information to discern whether the SEC is properly performing its intended regulatory function.


H.R 5970 - SEC Transparency Act of 2010, introduced July 20, 2010 by Ron Paul

"To repeal the amendments made by section 929I of the Dodd-Frank Wall Street Reform and Consumer Protection Act relating to the confidentiality of materials submitted to the Securities and Exchange Commission."

Tuesday, July 13, 2010

Legislative Update for July 13, 2010 Meeting

H.R. 5175 - Disclose Act [passed June 24 House vote, 219-206 (Boucher - Nay, Goodlatte - Nay, Periello - Aye, others)]

This bill has been called the Establishment Protection Act. The bill amends the Federal Election Campaign Act of 1971 to require disclosure of all members and donors of all third polical groups that recieve donations. It also require individuals or political groups that make "independent expendators" exceeding $10,000, or $1,000 within 20 days before an election, must file electronically a report within 24 hours of the transaction.

Without a special deal that the NRA made with the Democrat leadership to be exempt from the the bill's restrictions, the bill would not have passed. Also exempted were labor unions.


S. 3480 - Protecting Cyberspace as a National Asset Act of 2010 (PCNAA), sponsored by Joe Lieberman

Would grant the President far-reaching emergency powers to seize control of, or even shut down, portions of the internet.

The legislation says that companies such as broadband providers, search engines or software firms that the US Government selects "shall immediately comply with any emergency measure or action developed" by the Department of Homeland Security. Anyone failing to comply would be fined.

From ZDNET:

To sweeten the deal for industry groups, Lieberman has included a tantalising offer absent from earlier drafts: immunity from civil lawsuits. If a software company's programming error costs customers billions, or a broadband provider intentionally cuts off its customers in response to a federal command, neither would be liable.

If there's an "incident related to a cyber vulnerability" after the President has declared an emergency and the affected company has followed federal standards, plaintiffs' lawyers cannot collect damages for economic harm. And if the harm is caused by an emergency order from the Feds, not only does the possibility of damages virtually disappear, but the US Treasury will even pick up the private company's tab.

See also: Senate Bill Would Give Obama Internet ‘Kill Switch’


Financial "Reform" - H.R. 4173 and S. 3217

The House rejected a motion to reinsert Ron Paul's H.R. 1207 Audit the Fed bill into the Financial "Reform" bill by a vote of 229-198. This vote is particularly despicable because H.R. 1207 had 319 (of 434) cosponsors. The majority of those who voted against the insertion were cosponsors of H.R. 1207!

There is one silver lining to the way things worked in for the bill -- the provision to expand the Federal Trade Commission’s powers—and with it, the likely restricted access to nutritional supplements—did not make it into the final Wall Street “Reform” bill.

Congressman Henry Waxman (D–CA), with the support of powerful Congressman Barney Frank (D–MA), made a strong last-ditch effort to save the provision we’ve fought so hard against. The conference committee deliberations went on until early Friday morning, but in the end, the provision was not accepted and will therefore not be in the reconciled bill that will be submitted for final House and Senate passage and presidential signature.

Tuesday, June 8, 2010

Legislative Update for June 8, 2010 Meeting

Financial "Reform"

House and Senate Bills, H.R. 4173 and S. 3217, have each been passed and the two Congressional bodies are preparing for a conference committee to reconcile the differences in the two bills. The Senate conferees are, Sens. Dodd (D-Conn.), Chambliss (R- Ga.), Corker (R-Tenn.) Crapo (R-Idaho), Gregg (R-N.H.), Harkin (D-Iowa), Johnson (D-S.D.), Leahy (D-Vt.), Lincoln (D-Ark.), Reed (D-Nev.), Shelby (R-Ala.), and Schumer (D-N.Y.). The House is expected to announce their conferees this week and it is still undetermined if this will be an open or closed session.

Americans for Tax Reform (ATR) identified 12 major differences between the two bills that conferees must deliberate over.


H.R. 5444 - Private Option Health Care Act

Introduced May 27, 2010. This bill would which would completely repeal ObamaCare and replace it with free market solutions.

In sharp contrast to mandates and force, H.R. 5444 would:
  • Provide all Americans with a tax credit for 100% of health care expenses. The tax credit is fully refundable against both income and payroll taxes;
  • Allow individuals to roll over unused amounts in cafeteria plans and Flexible Savings Accounts (FSA);
  • Provide a tax credit for premiums for high-deductible insurance policies connected with Health Savings Accounts (HSAs) and allow seniors to use funds in HSAs to pay for medigap policies;
  • Repeal the 7.5% threshold for the deduction of medical expenses, thus making all medical expenses tax deductible;
  • Guarantee individuals can purchase health insurance across state lines;
  • Permit a tax credit for negative outcomes insurance purchased before medical treatment reducing expensive malpractice suits;
  • Reduce barriers to importing FDA-approved prescription drugs.
As of June 8, this bill still has no cosponsors. Again, as with the H.R. 4995 "End the Mandate Act", where are all the House Republicans that protested ObamaCare? (Since last month H.R. 4995 has gained only 3 cosponsors, for a total of 16.)

Contact your Congress critter and tell him that you want him to cosponsor both H.R. 5444 and H.R. 4995!

Monday, May 10, 2010

Legislative Update for May 11, 2010 Meeting

Companion Bills for more statist regulation and less freedom, under the guise of "reform":

H.R. 4173 - Wall Street Reform and Consumer Protection Act of 2009 (introduced by Barney Frank, Dec. 2, 1009)
S. 3217 - Restoring American Financial Stability Act of 2010 (introduced by Chris Dodd, April 15, 2010)

House version reverses decisions of previous Congresses, vastly expanding the powers of the Federal Trade Commission (FTC) to act as a legislature in its own right to govern an regulate industries which have nothing to do with the current financial crisis. Among the industries affected would be the access and potency of health supplements and vitamins. This form of control is one of the agenda items of Codex Alimentarius, an eugenics agenda formed by unelected globalists affiliated with the UN and WTO aimed at achieving top-down global control of all food-related commerce.

The only good part of H.R. 4173 is that it contains the language of Ron Paul's no-compromise Audit the Fed Bill (H.R. 1207). Unfortunately, Bernie Sanders did not introduce this language into the Senate 3217 bill, which had as been in his S.604 companion bill to Paul's H.R. 1207. Instead, Sanders introduced a comparatively watered down amendment, which, among many differences, would not allow any transactions between the Fed and foreign central banks to be audited. In addition, any audit of the gold in Fort Knox (which is under the purview of the Fed) will also be off the table. Some say that it is not a coincidence that the Dow Jones momentarily dropped nearly 1000 points at the same time that amendments to S. 3217 were being discussed, and that the establishment's desire for Sanders' capitulation could be a better explanation for the unprecedented market drop than the widely posed notion of some "fat finger" order entry error on the part of some major market player. Regardless of the explanation, the establishment got the result it wanted. There is still some hope for a real Fed Audit. Senator David Vitter has committed to offering the H.R. 1207 / S. 604 audit language as an amendment to the bill.


H.R.4995 - End the Mandate Act of 2010 (Introduced by Ron Paul, April 13, 2010)

Repeals both the individual and employer mandates enacted by Obamacare. As of May 10, 2010 there are 13 cosponsors of the bill. All House Republicans who opposed Obamacare should have cosponsored this bill by now. Where are they!?


S.3194 - Public Safety Employer-Employee Cooperation Act of 2009 (introduced by Harry Reid on April 12, 2010)

This is a reintroduction of a previously unpassed bill. Under the provisions of the bill, regardless of state and local officials, every police officer and firefighter will be handed over to union boss control. If municipalities refuse to go along, the Federal Government will step in and turn over first responders to Big Labor. As with all labor negotiations, there is the possibility of a break down and the resulting strike.

Unions are effectively a control structure of their participants. The scope of union control would cross over jurisdictions, which would mean that local areas would effectively lose sovereignty of their police and fire fighting squads because the loyalties of those employed would compromised toward the interest of state and national unions. This also means that grassroots efforts such as the Oathkeepers (www.oathkeepers.org), who promote reaffirmed fealty to the U.S. Constitution among police and firefighters (and military personnel), will also suffer as a result of this co-opted leadership by unions.

Monday, April 12, 2010

The Travesty of Obama Care


Why ObamaCare (H.R. 3590) is Unconstitutional:


  • The federal government has no authority under Article One, Section Eight the Constitution to force citizens to purchase insurance from for-profit corrupt corporations. The pretense by some elected officials that health care can be regulated uner the The Commerce Clause is also bogus. The commerce cause is only relevant to commerce between states, and was intended to ensure regular commerce between the states of the union.
  • Many elected officials are saying ObamaCare is Constitutional just because there is not The federal government cannot artibrarily make up its own powers just because the Constitution does not say the government cannot regulate health care. This turns the constitution on its head. It is a ridiculous pretense that government is all powerful by default unless a power is explicitly denied. The founders predicted efforts of this type to usurp power and they gave us the Tenth Amendment, which declares that all powers not explicitly granted to the federal government are reserved to the states and the people.
  • The Constitution's Article I Section 7 states "All bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills." ObamaCare increases taxes/revenues and as such MUST originate in the House according to the Constitution. Contrary to this requirement this bill was passed into law without being first being properly considered in the House as a revenue-raising health care bill. [5]
  • ObamaCare illegally commandeers state legislatures. It undermines their state sovereign discretion and dictates to them how they must regulate or alter existing regulations for health care. [Credit goes to Judge Andrew Napolitano for raising this point.]
  • States are unequal under the law; benefits were granted to certain states or sections of states, that are not granted to all other states.
  • The IRS will fine individuals who do not purchase health insurance. This violates the 5th Amendment which prohibits the government from imposing fines without due process of law.
  • Not to mention that there are countless violations of personal privacy protected by the Fourth Amendment with the establishment of government tracking of medical records.

Health Care Rationing:
(commentary by Kathleen Gilbert and Peter J. Smith [2])

The National Right to Life Committee's (NLRC's) health care blog points out that "Section 3209 of the health care bill ... effectively allows federal bureaucrats at the Centers for Medicaid and Medicare Services (CMS) of the federal Department of Health and Human Services (HHS) to bar senior citizens from adding their own money, if they choose, to the government contribution in order to get private-fee-for-service Medicare Advantage (MA) plans less likely to ration life-saving treatment."

What this amounts to, according to NRLC, is that "doctors, hospitals, and other health care providers will be told by Washington just what diagnostic tests and medical care is considered to meet 'quality' and 'efficiency' standards – not only for federally funded health care programs like Medicare, but also for health care paid for by private citizens and their nongovernmental health insurance.”

“Treatment that a doctor and patient in consultation deem needed or advisable to save that patient's life or preserve or improve the patient's health but which the government decides is too costly – even if the patient is willing and able to pay for it – will run afoul of the imposed standards. In effect, there will be one uniform national standard of care, established by Washington bureaucrats and set with a view to limiting what private citizens are allowed to spend on saving their own lives." Read more from the NRLC on health care rationing in H.R. 3590 here: http://www.nrlc.org/HealthCareRationing/SenateBill122309.html.


Abortion Funding:
(commentary by Kathleen Gilbert and Peter J. Smith [2])

Current restrictions in the health care bill say that federal funds cannot be used directly to pay for abortions; however that does not prevent federal dollars from propping up the bottom-line of insurance companies that can re-allocate private dollars to pay for abortions.

Although the Executive Order Obama signed following the bill's passage purports to apply the Hyde amendment to the bill, the White House's Robert Gibbs admitted that the president’s directive, revealingly titled "Patient Protection and Affordable Care Act's Consistency with Longstanding Restrictions on the Use of Federal Funds for Abortion," merely "reiterates" what is already in the bill, and does not address its inherent flaws.

- Direct funding of abortion through the Community Health Centers program: The new law directly appropriates $7 billion for Community Health Centers (CHCs) into a separate fund. Since the funding does not fall under annual Health and Human Services (HHS) appropriations, it is therefore unconnected to any restriction on the use of these funds for abortion.


Some backers of H.R. 3590 have asserted that none of the 1,250 federally funded CHCs provide abortions; yet, the website of the Reproductive Health Access Project strongly assures CHC operators that offering abortions is not only possible, but "important for the health of your patient."

The President himself defended “reproductive care” – a term typically used to imply abortion services – as “essential care.” Without a legislative statute to the contrary, it is possible that a court challenge launched by pro-abortion groups could open up CHCs to provide abortion.

- Other direct appropriations not covered by abortion restrictions: The Senate bill contains additional pools of directly appropriated funds that are not covered by any limitations regarding abortion, including $5 billion for a temporary high-risk health insurance pool program (Sec. 1101 on pages 45-52) and $6 billion in grants and loans for health co-ops (Sec. 1322, pp. 169-180). Only bill-wide, permanent language, such as the Stupak-Pitts Amendment, could have ensured that none of these funds are tapped by pro-abortion political appointees and bureaucrats to pay for abortion.

- Federally administered abortion plans: The bill would create a new program under which the federal Office of Personnel Management (OPM) would administer two or more national (“multi-state”) insurance plans. (See Section 1334.)

The bill provides that “at least one” such plan would be subject to limitations on abortion coverage. This implies that other federally administered plans could cover elective abortions, or perhaps even be required to do so by the federal administrator. This is a sharp break from longstanding federal policy, adopted by Congress, under which plans that participate in the OPM-administered Federal Employees Health Benefits (FEHB) program are prohibited from covering elective abortions.

Also, even the purported requirement (pages 2087-2088) that the OPM program offer one pro-life plan is rigged to expire each year; this requirement will remain in force only if pro-life forces prevail annually in preserving pro-life language on an unrelated annual appropriations bill.

- The "abortion surcharge": Section 1303, page 2069 of the bill contains the objectionable “Nelson-Boxer language,” under which private plans that cover elective abortion would qualify for the federal subsidy. However each enrollee in those plans that include abortion coverage would have to pay an "abortion surcharge" of at least one dollar per month. These funds would be used to pay for abortions.

This requirement applies to anyone who enrolls – or may have to enroll – in a subsidized plan that covers elective abortions. This will certainly include many people who would learn of the abortion surcharge only after enrolling, but who would also have no choice other than to pay the abortion surcharge, or see their entire health coverage lapse.

- Authorities for pro-abortion mandates: The new law contains a bewildering array of provisions that grant authority to the Secretary of Health and Human Services and other federal entities to issue binding regulations on various matters.

Some of these provisions could be employed in the future as carte blanche for the HHS to issue pro-abortion mandates, requiring health plans to cover abortion and/or provide expanded access to abortion, unless there is clear language to prevent it. For example, under the Mikulski Amendment (Section 1001, pp. 20-21), the HHS could force every private health plan to cover elective abortions merely by placing abortion on a list of “preventive” services.

While the Senate bill does contain some anti-mandate provisions, NRLC's analysis finds that these clauses are worded in such a way that they control only specific provisions of the bill (e.g., the reference to “essential health benefits” on page 2070), or are ambiguous in their scope.

- Open door to future abortion funding in Indian health programs: The Senate-passed health bill revamps and reauthorizes all Indian health programs. In the House bill, these programs were permanently barred from providing elective abortions by the Stupak-Pitts Amendment. But in the Senate bill, no such prohibition exists, other than a mere policy-neutral clause (Section 10221, pp. 2175-2176) that “punts” the abortion policy, requiring that it be set annually on an appropriations bill.

The Senate omitted the necessary pro-life language even though a permanent Hyde Amendment had won approval by the Senate the last time that the Indian health reauthorization (S. 1200) was on the Senate floor in amendable form. (The House never acted on S. 1200.)

- Missing abortion conscience language: The House-passed bill contained a codification of the “Hyde-Weldon” language (H.R. 3962, Section 259), which would prevent government actors from penalizing health care providers who refuse to participate in providing abortions.

However pro-abortion senators blocked its inclusion in the Senate bill. The so-called conscience protections in H.R. 3590 (e.g., on page 123) are exceedingly narrow.


Obama's Own Private Army
[3] Commentary by By Henry Lamb, World Net Daily, April 10, 2010:

Who knew that Obamacare provides for a "Regular Corps," and a "Ready-
Reserve Corps," of officers and individuals who are appointed by the
President? Commissioned officers are subject to active duty at the
call of the Surgeon General. The new law provides $17.5 million in
each of the first four years to recruit and train these reserves.

During his campaign, Obama said, "We cannot continue to rely only
on our military . . . we've got to have a civilian security force
just as powerful, just as strong, just as well-funded. We cannot
continue to rely only on our military in order to achieve the
national security objectives we've set."

Beginning of Obama's civilian security force

Section 5210 of the Patient's Protection and Affordable Care Act
(a.k.a. Obamacare) may be the beginning of Obama's civilian security
force. This section amends Section 203 of the U.S. Public Health
Service Act. Why it was included in the massive health care bill is
a question in search of meaningful answers. Judge Andrew Napolitano
from FOX News [2] has a few questions of his own.

The new law says "The purpose of the Ready Reserve Corps is to
fulfill the need to have additional Commissioned Corps personnel
available on short notice (similar to the uniformed service's reserve
program) to assist regular Commissioned Corps personnel to meet both
routine public health and emergency response missions."

The law requires the Ready Reserve to participate in "routine
training" to meet the general and specific needs of the Commissioned
Corps. The Ready Reserve "shall" be ready for involuntary calls to
active duty. The Ready Reserve must be prepared to respond to orders
from the President to go anywhere in the country, or anywhere outside
the country.




From HR 3590:

SEC. 430. ESTABLISHING A READY RESERVE CORPS.

Section 20 3 of the Public Health Service Act (42 U.S.C. 20 4) is amended to read as follows:

SEC. 20 3. COMMISSIONED CORPS AND READY RESERVE CORPS.

(a) ESTABLISHMENT.—

(1) IN GENERAL.—There shall be in the Service a commissioned Regular Corps and a Ready Reserve Corps for service in time of national emergency.

PS- I spent 2 days on and off researching this to verify.

(2) REQUIREMENT.—All commissioned officers shall be citizens of the United States and shall be appointed without regard to the civil-service laws and compensated without regard to the Classification Act of 1923, as amended.

(3) APPOINTMENT.—Commissioned officers of the Ready Reserve Corps shall be appointed by the President and commissioned officers of the Regular Corps shall be appointed by the President with the advice and consent of the Senate.

(4) ACTIVE DUTY.—Commissioned officers of the Ready Reserve Corps shall at all times be subject to call to active duty by the Surgeon General, including active duty for the purpose of training.

(5) WARRANT OFFICERS.—Warrant officers may be appointed to the Service for the purpose of providing support to the health and delivery systems maintained by the Service and any warrant officer appointed to the Service shall be considered for purposes of this Act and title 37, United States Code, to be a commissioned officer within the Commissioned Corps of the Service.

(b) ASSIMILATING RESERVE CORP OFFICERS INTO THE REGULAR CORPS.—Effective on the date of enactment of the Affordable Health Choices Act, all individuals classified as officers in the Reserve Corps under this section (as such section existed on the day before the date of enactment of such Act) and serving on active duty shall be deemed to be commissioned officers of the Regular Corps.

(c) PURPOSE AND USE OF READY RESERVE.—

(1) PURPOSE.—The purpose of the Ready Reserve Corps is to fulfill the need to have additional Commissioned Corps personnel available on short notice (similar to the uniformed service’s reserve program) to assist regular Commissioned Corps personnel to meet both routine public health and emergency response missions.

(2) USES.—The Ready Reserve Corps shall—

(A) participate in routine training to meet the general and specific needs of the Commissioned Corps;

(B) be available and ready for involuntary calls to active duty during national emergencies and public health crises, similar to the uniformed service reserve personnel;

(C) be available for backfilling critical positions left vacant during deployment of active duty Commissioned Corps members, as well as for deployment to respond to public health emergencies, both foreign and domestic; and

(D) be available for service assignment in isolated, hardship, and medically underserved communities (as defined in section 399SS) to improve access to health services.

(d) FUNDING.—For the purpose of carrying out the duties and responsibilities of the Commissioned Corps under this section, there are authorized to be appropriated such sums as may be necessary to the Office of the Surgeon General for each of fiscal years 20 10 through 20 14. Funds appropriated under this subsection shall be used for recruitment and training of Commissioned Corps Officers.


New Taxes:
(commentary by Steve Watson and Paul Watson [4])

As reported by Bloomberg News today, analysis by the nonpartisan congressional Joint Committee on Taxation reveals that the bill will generate $409.2 billion in additional taxes by 2019.

In addition, the Congressional Budget Office states that the bill also levies almost $69 billion more in penalties for those who fail to meet mandates to buy insurance.

The Journal of Accountancy boils down some of the tax hikes and penalty fees in H.R. 3590 and the Reconciliation Act – the highlights include:


Excise Tax on Uninsured Individuals – Individuals who fail to maintain minimum essential coverage will be subject to a penalty equal to $750. The fee for an uninsured individual under age 18 is one-half of the adult fee.

Excise Tax on High-Cost Employer Plans – The federal government would impose a 40% tax on the value of employer-sponsored health coverage exceeding certain thresholds. Those levels are projected to be $8,500 for self only and $23,000 for any other level by the year 2013. This excise was announced with fanfare by the White House and labor unions in January and remains in the final bill.

Increase in additional tax on distributions from Health Savings Accounts and Archer Medical Savings Accounts not used for qualified medical expenses – An increase from 10% to 20% on taxes of money in a health savings account not used for qualified medical expenses. For Archer medical savings accounts, an increase from 15% to 20%.

Additional Hospital Insurance Tax on High-Income Taxpayers – High income tax payers, making on a joint return over $250,000 and a standard return over $200,000, are required to pay an additional 0.5% of wages. This applies to both self-employed, and regularly employed individuals.

Fees on Health Plans – A fee applied to all health insurance providers based upon net premiums and any third party fees associated with the administration of those programs. The fees will total $6.7 billion annually. This figure begins at $8 billion in the Reconciliation Act and rises to $14.3 billion by 2018.

Tax on Indoor Tanning Services – The act imposes a 10% tax on amounts paid for indoor tanning services. Like a sales tax, the tax will be collected from the person tanning when payment for the tanning services is made.

Business Insider boils down 15 more tax hikes here – highlights include:

Tax on individuals without acceptable health care coverage – A 2.5% income tax on individuals who do not have health care coverage, limited to a cost less than the average national health care premium.

Excise tax on elective cosmetic medical procedures – A tax of 5% is levied upon the am mount paid for any cosmetic surgery. This does not include the need for such surgeries created by trauma or a disfiguring disease. If the tax is not collected by that professional completing the procedure, their business is still liable for the requirement.

The Reconciliation Act also legislates for the following surcharges: 1% surcharge on individuals making more than $350,000, 1.5% surcharge on individuals making more than $500,000, 5.4% surcharge on individuals making more than $1 million.

Yet more tax provisions in the bill are highlighted by INvestors Business Daily in their piece titled 20 Ways ObamaCare Will Take Away Our Freedoms – highlights include:

Taxes On Employers – If you are a large employer (defined as at least 101 employees) and you do not want to provide health insurance to your employee, then you will pay a $750 fine per employee (It could be $2,000 to $3,000 under the reconciliation changes) (Section 1513).

Taxes on Pharmaceutical Companies – The government will extract a fee of $2.3 billion annually from the pharmaceutical industry (Section 9008 (b)).

Taxes on medical device manufacturers – The government will extract a fee of $2 billion annually from medical device makers (Section 1405).


Framework Established for Implanted RFID Microchipping:

Section 2521 on page 1004 of the ObamaCare bill calls for the establishment of a 'National Medical Device Registry":

"The Secretary shall establish a national medical device registry (in this subsection referred to as the registry, to facilitate analysis of postmarket safety and outcomes data on each device that; (A) is or has been used in or on a patient; (B) is a class III device; or a class II device that is implantable."

What exactly is a class II device that is implantable? Approved by the FDA [6], a class II implantable device is an “implantable radio frequency transponder system for patient identification and health information.” The purpose of a class II device is to collect data in medical patients such as “claims data, patient survey data, standardized analytic files that allow for the pooling and analysis of data from disparate data environments, electronic health records, and any other data deemed appropriate by the Secretary.”

Page 1006 states that the National Medical Device Registry is "to be enacted within 36 months upon passage" of ObamaCare.

Today, hospitals throughout America have already recommending implanting of RFID chips into patients for medical purposes, such as those who suffer from Alzheimer's disease [5]. Soon it will become more common for RFID chips to be used in many more types of patients, which will be tracked by the national government database.

Read more here:
http://www.thenewamerican.com/index.php/usnews/politics/3193-national-healthcare-will-require-national-rfid-chips


Other Details:
  • 16,500 new combat-trained IRS agents armed with shotguns to enforce the mandatory participation in health care insurance programs.
  • Student loans have been taken over by the federal government. It will administer $1 trillion in student loans over the next decade [1].
  • The marriage penalty: A Wall Street Journal column pointed out in January that both the House and Senate versions of the health care reform legislation would force married couples to pay "thousands of dollars more for the same health insurance coverage as unmarried people living together." The penalty results from the fact that guidelines for qualifying for health insurance subsidies rely on federal poverty guidelines; therefore, married couples would be at a disadvantage for receiving subsidies due to their combined income. [2]


Information Sources:

[1] http://www.foxnews.com/opinion/2010/03/26/dana-perino-student-loans-health-care-sen-kent-conrad-democrats-students/
[2] excerpted from http://www.lifesitenews.com/ldn/2010/apr/10040115.html)
[3] http://www.wnd.com/index.php?pageId=138629
[4] http://www.prisonplanet.com/obamacare-taxing-the-american-people-into-oblivion.html
[5] http://money.gather.com/viewArticle.action?articleId=281474978167682
[6] http://www.fda.gov/downloads/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/ucm072191.pdf
[7] http://www.associatedcontent.com/article/250658/rfid_chip_implants_planned_for_alzheimers.html?cat=5