Congressional Dish

The House passes a surveillance bill masked as pediatric research and then wastes our time. Also, highlights from the leaked legal justification for the Obama Administration's "lawful" drone bombing of American citizens. Introduced by Democrat Lois Capps of Northern California. The bill says the Director of the National Institutes of Health (a gov't agency) can create a network of up to 20 groups of public or private non-profits to work together to do pediatric research. As a condition of accepting an award, the groups need to agree to help the Centers for Disease Control with the establishing patient registries and "other surveillance systems as appropriate and upon request by the Director of the Centers." The bill establishes a "Data Coordinating Center" to... 1. Distribute scientific findings 2. Help design and conduct research projects and to manage the resulting data 3. "To organize and conduct multi-site monitoring activities" But the bill doesn't give the NIH any money to do this. NIH already supports many research networks that support research and training focused on pediatric health care needs and operates data coordinating centers for those networks. Those networks perform essentially the same activities as the groups described in the bill. The existing networks are not helping the CDC to establish surveillance systems. ...CBO estimates that implementing H.R. 225 would have "no effect on the number" of research groups or data coordinating centers that NIH would support. "CBO expects that CDC would request assistance from a few networks to establish surveillance systems." The President generally begins working on a budget in Nov/Dec The fiscal cliff deal wasn't done until January 2 meaning we didn't know how much revenue the United States would be collecting until then. President Obama will be submitting his budget late. Require a PLAN Act requires the President to give Congress another budget if the President's budget for fiscal year 2014 is not balanced. Not later than April 1, 2013, the President shall submit to Congress an addition to his budget that includes— * An estimate of the earliest fiscal year in which the additional budget will eliminate the deficit (Ryan budget was around 2030) * A detailed description of additional policies to be implemented in order to achieve such result (would have to be extreme measures) * An evaluation of what agency functions can be eliminated or consolidated. (Fleming Amendment) * An explanation of the differences between the President's original budget for fiscal year 2014 and the extra budget referred to in this subsection. * An estimate of the cost per taxpayer of the deficit for each year until the budget is balanced. (Messer Amendment) Republicans seem to believe that creating a budget is an Executive Branch responsibility. "It is astounding that the President has shirked his responsibility to submit a budget on time for 4 of the last 5 years." - Rep. Roger Williams (TX) It isn't. "The fact of the matter is it is our responsibility. Not a nickel can be spent in America unless the Congress authorizes it to be spent. The President can't spend money on his own. Not a nickel can be raised in this country, of revenue, without the Congress acting on it. The President can't do that. It is the Congress of the United States, under article I, that has this responsibility. We're not taking that responsibility. We're trying to shove it off on somebody else, in this case, the President of the United States." - Rep. Steny Hoyer (MD) What's really happening is the House is wasting almost all of February and to let the sequester crisis come down to the last minute. A deal needs to be done by Friday, March 1. Republicans are trying to re-write history and pretend President Obama created the sequester. "To add to the uncertainty, the President's proposed sequestration is set to take effect this March…." -Rep. Austin Scott (GA) "President Obama's sequester is an important issue." -Rep. Tom Price (GA) "What we should do is replace the President's sequester with responsible reforms that will help balance the budget in 10 years." -Rep John Boehner (OH), Speaker of the House Reality: In 2011, the GOP was refusing to raise the debt ceiling. In order to pay our bills, the President and Senate had to promise the GOP House that they would get $2 trillion in government cuts. $1 trillion in cuts were in the . The second trillion was supposed to be decided on by the SuperCommittee. The sequester was the painful-for-everyone-so-it'll-never-happen penalty that was supposed to bring everyone to the bargaining table. "We put sequester in place thinking it was so irrational and would have such a negative effect that clearly we would address the matter in the last 14 months. We didn't…. It was a silly bill. The Senate passed it and the President signed it because it was the only way we could make sure that we did not put the creditworthiness of the United States at risk." -Rep. Steny Hoyer (MD) Now, Republicans are actually considering letting the sequester happen! "I, for one, felt that the delay in the sequester on January 1 was not in the country's best interest. These were the cuts that the Congress promised to the American people. When the debt limit was raised in August of 2011, this was the promise that was made, and it was a promise that was made by the President. It was pro-posed by people within the administration. The bill was signed into law by the President... Every line in every appropriations bill has a constituency somewhere that cares deeply about that language being retained. So, when all else fails, an across-the-board cut may be the only way that you can ever achieve that spending restraint." Rep. Michael Burgess (TX) The House will be in session for only 8 days before the sequester takes effect. Highlights (or lowlights, if you prefer)... "Sets forth a legal framework for considering the circumstances in which the U.S. government could use lethal force in a foreign country outside the area of active hostilities against a U.S. citizen who is a senior operational leader of al-Qa'ida or an associated force of al-Qa'ida." "A targeted killing of a U.S. citizen who has joined al-Qa'ida or its associated forces would be lawful under U.S. and international law." Three conditions must be met: # 1: "An informed, high level official of the U.S. government has determine that the targeted individual poses an imminent threat of violent attack against the United States." But... "The condition that an operational leader preset an "imminent" threat of violent attack against the United States does not require the United States to have clear evidence that a specific attack on U.S. persons and interests will take place in the immediate future." "A decision maker determining whether an al-Qa'ida operational leader presents an imminent threat of violent attack against the United States must take into account that certain members of al-Qa'ida are continually plotting attacks…the U.S. government may not be aware of all al-Qa'ida plots as they are developing and thus cannot be confident that none is about to occur." #2: Capture must be "infeasible". "Capture would not be feasible if it could not be physically effectuated during the relevant window of opportunity or if the relevant country were to decline to consent to a capture operation." #3: The operation would be conducted in a manner consistent with applicable law of war principles. (Necessity, distinction proportionality, and humanity) "There is no prohibition under the laws of war on the use of technologically advanced weapons systems in armed conflict- such as pilotless aircraft or so-called smart bombs- as long as they are employed in conformity with applicable laws of war." What about due process guaranteed to Americans in the Constitution? "In these circumstances, the "realities" of the conflict and the weight of the government's interest in protecting its citizens from and imminent attack are such that the Constitution would not require the government to provide further process to such a U.S. citizen before using lethal force." How is this justified? "Congress's authorization of the use of all necessary and appropriate military force against this enemy, and the existence of an armed conflict with al-Qa'ida under international law." The memo specifically names the Authorization for Use of Military Force from 2001, signed in the days following 9/11. Doesn't targeting a certain person for death count as an assassination? "It is a lawful act of self defense." "A lawful killing in self defense is not an assassination." But Anwar al-Awlaki and his 16 year old son (who was never considered associated with al-Qa'ida) were in Yemen . Wasn't the Authorization for Military Force for hunting down the people responsible for 9/11 in Afghanistan? "The United States is currently in a non-international armed conflict with al-Qa'ida and its associated forces… Any U.S. operation would be part of this non-international armed conflict, even if it were to take place away from the zone of active hostilities." "The AUMF itself does not set forth an express geographic limitation on the use of fore it authorizes." This sounds unconstitutional. Maybe the courts should decide this? "The Department notes that under the circumstances described in this paper, there exists no appropriate judicial forum to evaluate these constitutionals considerations."

A quick fact check followed by an introduction to ALEC, the association of lawmakers and corporations working together to write bills. Fact Checking CD011 Conversation has been reported to be operating in the following countries Afghanistan Iraq Pakistan Sudan Bosnia Syria Somalia Egypt Saudi Arabia Yemen Algeria Mali Mauritania Morocco Niger Tunisia Turkey Kenya Tanzania United States Last week, a bill was rammed through the Virginia State Senate that redraws the maps for their State Senate races in a way that gives more votes to Republicans. Henry Marsh is a civil rights lawyer and Democratic VA Senator who went to Washington D.C. for the inauguration. The VA State Senate is a 20-20 split, so while he was gone, the GOP surprised the DEM's by bringing the bill up for a vote knowing they would be able to pass it with a DEM Senator missing. The House and Governor of Virginia are Republicans. The bill's chances look good. There is SEPARATE bill that addresses the Electoral College that was just born in Subcommittee. The electoral college bill's path to law looked good but the bill was defeated in committee Tuesday on an 11-4 vote after the Governor came out against the bill. ALEC Click on the above link to go to their website. They only barely hide the fact they the provide a way for corporations to write laws. "Works to advance the fundamental principles of free-market enterprise, limited government, and federalism at the state level" "Legislators welcome their private sector counterparts to the table as equals, working in unison to solve the challenges facing the nation." "ALEC provides the private sector with an unparalleled opportunity to have their voices heard and their perspectives appreciated."

Lobbyist Jo Ann Emerson quits Congress early, the House votes to temporarily suspend the debt ceiling and probably-not postpone their own paychecks, and the Brineys drunkenly ramble on a Friday night. Jo Ann Emerson Resigns from the House Said she was leaving Congress in February, left early (Tuesday, January 22) Used to represent the 8th district of Missouri; left to become President and CEO of the National Rural Electric Cooperative Association, a trade association/lobbying group. It has about 900 member utilities that serve 42 million people in 47 states and own almost half of the US power grid. Replacing Glenn English (also a former Congressman) who made $9,294,207 in his 6 years = $1.5 million a year. Won her district in 2012 with over 65% of the votes. Missouri to pay about $1 million for a special election Passed the House Tuesday, January 22. It now moves into the Senate. Gives 6 months for the Secretary to create a plan for responding to chemical, biological, radiological, and nuclear threats. Orders the disaster plan to specifically address the needs of at-risk individuals and children Cuts funding for training emergency response volunteers in half, from $22 million/year to $11million/year Government wants a "national biosurveillance system for human health, with international connectivity" that allows for "two-way information flow" between government and health care providers. Loosens the definition of "emergency" to include "threat justifying emergency authorized use". Allows the use of an unapproved medical devices or products if declared necessary by the government. Allows the government to extend the expiration date of medical products and "authorize the introduction or delivery for introduction into interstate commerce" if doing so protects the public health or military preparedness and effectiveness. Allows the government to waive "requirements regarding current good manufacturing practice otherwise applicable to the manufacture, processing, packing, or holding of products." Allows $1.4 billion of taxpayer money to be spent on private research and development costs. The debt ceiling will be suspended from the day the President signs this bill until May 18, 2013. By April 15, 2013, the House and Senate need to each pass their own version of a budget for fiscal year 2014.* If one of the branches of Congress does not pass a budget, their salaries will be set aside in an account and they will be paid either when a budget is passed or on the last day of the 113th Congress. This means that the House could pass the Paul Ryan ‘screw the poor’ budget and the Senate could pass a budget giving private jets to homeless people and both parts of Congress would be paid. There is no need for a conference to merge the two budget bills to send a real budget to the President.

Before the House (finally) agreed to give recovery money to Hurricane Sandy victims, they made new rules for the 113th Congress, including more private jets for themselves and less rights for gays. Then, despite Republican efforts to short them, the House finally voted to give Hurricane Sandy victims the $60 billion they asked for... Well, sort of. Changed the Nepotism rule to include grandchildren. Allows members to take private jets using official funds. Starts to open the door to using campaign funds (which Senate members can do) but a statute still prohibits that from members of the House. Eliminates a portion of ObamaCare that prevents the House from repealing authority for IPAB. Enacts the Ryan budget until a budget for 2014 is adopted. Prohibits lobbyists from trolling the Congressional gym. Authorizes the continuation of the "Fast and Furious" investigation. Authorizes the Bipartisan Legal Advisory Group (the five members are John Boehner as Speaker of the House, Eric Cantor as House Majority Leader, Nancy Pelosi as House Minority Leader, Kevin McCarthy as Majority Whip, and Steny Hoyer as Minority Whip) to direct the House Office of General Counsel to defend the Defense of Marriage Act -the gay marriage ban- to "protect the interests of the House." HURRICANE SANDY RECOVERY October 29, 2012: Hurricane Sandy hits the Northeast, devastating the coastlines of New Jersey, New York, and Connecticut and causing widespread damage to the surrounding states.   December 2012: The Senate passed a $60 billion aid package and sent it to the House of Representatives. January 2, 2012: After voting on the on the last day of the 112th Congress, Speaker Boehner had promised a vote on the Senate's Sandy bill. He lied. There was no vote. The bill died when the 112th Congress adjourned. January 4, 2012: The House passed , a piece of the dead Senate bill which authorized FEMA to borrow about $9.5 billion to make payments to victims insured through the National Flood Insurance Program. January 15th, 2012: The House passed HR 152, a bill which, after being heavily amended by a Republican congressman from New Jersey, finally authorized the remaining $50.5 billion requested by the states damaged by Hurricane Sandy. The original bill, written by Hal Rogers of Kentucky, gave the Northeast $17 billion, which was $33 billion short of what was requested. An amendment by Rodney Frelinghuysen of New Jersey gave the Northeast states the rest of the money. TITLE I DEPARTMENT OF AGRICULTURE $6 million from Rogers (Kentucky) bill + $218 million from Frelinghuysen (New Jersey) amendment to be spent on: Food for victims of Hurricane Sandy Floodplain protection Forest Restoration Money to help farmers from drought TITLE II (Completely replaced by Frelinghuysen amendment) ARMY CORPS OF ENGINEERS $20 million  $50 million for a study of flood risks to coastal populations affected by Hurricane Sandy (due 2 years after bill is signed). $9 million $3.461 billion for repairs to projects that were under construction and damaged by Hurricane Sandy. $7.42 million $8.21 million to dredge navigation channels damaged by Hurricane Sandy. $500 million $1 billion for emergency operations and repairs. TITLE III (Completely replaced by Frelinghuysen amendment) SMALL BUSINESS ADMINISTRATION $10 million $20 million for grants to organizations helping with disaster recovery, response, and long term recovery to small businesses damaged by Hurricane Sandy. $1 million $5 million to the Inspector General to perform oversight on the grants. $100 million $520 million for direct loans for disaster recovery. $50 million $260 million for "direct administration expenses" of loan making TITLE IV DEPARTMENT OF HOMELAND SECURITY - COAST GUARD $144 million $274 million for expenses caused by Hurricane Sandy FEDERAL EMERGENCY MANAGEMENT AGENCY - DISASTER RELIEF FUND $5.4 billion $11.5 billion for national disaster relief (not limited to Hurricane Sandy). SCIENCE AND RESEARCH $585,000 $3.2 million available until September 30, 2013 2014 TITLE V DEPARTMENT OF THE INTERIOR $50 million $78 million for construction expenses of the Fish and Wildlife Service $234 million $348 million for construction by the National Park Service TITLE VI DEPARTMENT OF HEALTH AND HUMAN SERVICES - PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND $100 million (Rogers of Kentucky bill) + $800 million (Frelinghuysen of New Jersey amendment) for the Head Start program and the costs of repairing and rebuilding health care facilities, child care centers, or other social services facilities. The money is only available to victims of Hurricane Sandy. TITLE VII   $24.2 million, available until September 30, 2017, for construction by the Army National Guard. "...such funds may be obligated to carry out military construction projects not otherwise authorized by law." "CONSTRUCTION, MAJOR PROJECTS" $207 million, available until September 30, 2017 for renovations and repairs as a consequence of Hurricane Sandy. "...such funds may be obligated and expended to carry out planning and design and major medical facility construction not otherwise authorized by law." (Added by the Frelinghuysen of New Jersey amendment) Money that must be spent on "operations and maintenance" expenses caused by Hurricane Sandy by September 30, 2013: $40 million for the Navy $8.5 million for the Air Force $5.8 million for the Air National Guard $5.3 million for the Army + $1.3 million to buy ammunition $3.1 million for the National Guard and $24.2 million for "Defense Working Capital Funds"... whatever that means. Department of Defense will be getting $348 million from the Sandy relief bill. TITLE VIII (Completely replaced by Frelinghuysen amendment) DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION - FACILITIES AND EQUIPMENT $14.6 million $30 million available until September 30, 2013 for expenses due to Hurricane Sandy FEDERAL HIGHWAY ADMINISTRATION $2.022 billion for an emergency fund for the repair of highways, roads, and trails, in any part of the United States, including Indian reservations, that have suffered serious damage as a result of a natural disaster. No more than $100 million can be spent on any single disaster. The Virgin Islands, Guam, American Samoa, and the Mariana Islands can not be given more than $20 million. The Secretary of Transportation is allowed to spend up to $500 million on Hurricane Sandy repairs. AMTRAK $32 million $86 million for expenses related to Hurricane Sandy. PUBLIC TRANSPORTATION EMERGENCY RELIEF PROGRAM $5.4 billion $10.9 billion for repairs to the public transportation system most affected by Hurricane Sandy. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT $3.85 billion $16 billion for disaster relief, long-term recovery, and repairs to infrastructure and housing damaged due to Hurricane Sandy and other disasters in 2011, 2012, and 2013. Funds will go directly to the state or local government. TITLE IV... Doesn't appear to exist. TITLE X NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA) $140,000,000 available until September 30, 2014, which includes: $50 million for mapping and charting of debris from Hurricane Sandy $50 million for weather and ocean research programs $25 million to improve weather forecasting $7 million to repair/replace ocean monitoring equipment damaged by Sandy $5 million to fisheries damaged by Hurricane Sandy $3 million to states for their own damage assessments $186,000,000 available until September 30, 2015, which includes: $111 million to get the polar weather satellites $44.5 million to repair and upgrade hurricane reconnaissance airplanes $13 million to speed up NWS ground readiness (Rep. Broun of Georgia tried to remove this one) $9 million to repair NOAA facilities damaged by Hurricane Sandy $8.5 million to improve weather forecasting equipment and supercomputers TITLE XI (Added by Rep. Bishop of Utah) Prevents the Federal government from buying any land with Sandy relief money.

The back story on the "fiscal cliff" debacle, the House's sad excuse for a compromise, and the contents of the fiscal cliff bill that became law on 1/3/13. ‘‘American Taxpayer Relief Act of 2012'' TITLE I—GENERAL TAXES SEC. 101. PERMANENT EXTENSION OF MOST 2001 BUSH TAX CUTS People making over $400,000 as individuals, or $450,000 as a couple, will be taxed at 39.6% instead of the current 35% Estate tax rate will be raised to 40% from 35%. No taxes on the first $5 million of inheritance. SEC. 102. INCREASE CAPITAL GAINS TAXES TO 20%, FROM 15% SEC. 103. EXTENSION OF 2009 STIMULUS BILL TAX CREDITS 5 year extension of Total credit cannot exceed $2,500 Tax credit decreases for families with gross incomes of $80,000 or $160,000 for a married couple. 5 year extension of the Eligible families receive $1,000 tax credit per child under age 17. Tax credit decreases for families with gross incomes of $75,000, or $110,000 for married taxpayers filing a joint return. TITLE II—INDIVIDUAL TAXES SEC. 201. TAXPAYER DONATION TO SCHOOL TEACHERS' SUPPLIES. SEC. 203. BOSS-PAID PARKING AND TRANSIT FARE WILL NOT COUNT AS INCOME TITLE III— SEC. 301. TAX CREDIT FOR PRIVATE COMPANY RESEARCH SEC. 306. TAX CREDIT FOR PRIVATE RAILROAD MAINTENANCE. SEC. 307. TAX CREDIT FOR PRIVATE MINING COMPANIES' SAFETY EQUIPMENT AND TRAINING SEC. 312. TAX CREDIT TO PRIVATE ENTERTAINMENT RACETRACKS (NASCAR) SEC. 317. TAX CREDIT FOR HOLLYWOOD MOVIE STUDIOS. SEC. 318. TAX CREDIT FOR RUM PRODUCERS IN PUERTO RICO. SEC. 322. TAX LOOPHOLE FOR MULTINATIONAL BANKS AND MANUFACTURERS. Multinationals, including banks since 1997, don't have to pay taxes on money they earn through overseas subsidiaries. JP Morgan Chase, General Electric, Caterpiller paid for the legislation SEC. 323. MULTINATIONALS WILL NOT PAY TAXES ON INCOME EARNED FROM THEIR SMALLER BUSINESSES IN FOREIGN COUNTRIES SEC. 328. USE TAX-FREE 9/11 RECOVERY BONDS TO BUILD MANHATTAN OFFICES AND APARTMENT BUILDINGS Goldman Sachs used this to get for its new headquarters. Lloyd Blankfein met with President Obama in December SEC. 330. TAX CREDIT FOR STARKIST AS THE LARGEST EMPLOYER IN AMERICAN SAMOA. SEC. 331. TAX CREDIT FOR BUSINESSES BUYING SMALLER BUSINESSES () TITLE IV—ENERGY TAXES SEC. 401. TAX CREDIT FOR ENERGY-EFFICIENT EXISTING HOMES. SEC. 403. TAX CREDIT FOR 2- OR 3- WHEELED PLUG-IN ELECTRIC VEHICLES. 10% of the purchase price or $2,500. Must go at least 45mph SEC. 404. TAX CREDIT FOR BIOFUEL PRODUCERS. SEC. 405. TAX CREDIT FOR BIO-DIESEL AND RENEWABLE DIESEL. SEC. 406. TAX CREDIT FOR INDIAN COAL FACILITIES. SEC. 407. TAX CREDIT FOR WIND FACILITIES SEC. 408. TAX CREDIT FOR ENERGY-EFFICIENT NEW HOMES. SEC. 409. TAX CREDIT FOR ENERGY-EFFICIENT APPLIANCES. TITLE V—UNEMPLOYMENT SEC. 501. FEDERAL UNEMPLOYMENT INSURANCE PAYMENTS WILL CONTINUE TO BE PAID SEC. 503. TAX CREDIT FOR REEMPLOYMENT SERVICES TITLE VI—MEDICARE AND OTHER HEALTH EXTENSIONS SEC. 601. NO PAYMENT CUT TO MEDICARE DOCTORS SEC. 642. REPEAL OF "CLASS" LONG-TERM HEALTH CARE PROGRAM. SEC. 643. COMMISSION ON LONG-TERM CARE. TITLE VII—EXTENSION OF AGRICULTURAL PROGRAMS SEC. 701. EXTENSION OF FARM BILL UNTIL SEPTEMBER 2013 SEC. 802. NO PAY RAISE FOR CONGRESS TITLE IX—BUDGET PROVISIONS SEC. 901. TWO MONTH DELAY ON SEQUESTER CUTS TO GOVERNMENT Cuts must be ordered on March 1, 2013 and implemented on March 27, 2013. OFFICIAL TITLE: "Spending Reduction Act of 2012''. TITLE I—AGRICULTURE SEC. 101: REDUCE FOOD FUNDING TO PUERTO RICO AND AMERICAN SAMOA 8 MONTHS EARLY. TITLE II- COMMITTEE ON ENERGY AND COMMERCE SEC. 201. DEFUND HEALTH INSURANCE EXCHANGES. 'Health Insurance Exchange' is a website designed so consumers can easily compare and buy their own health insurance. SEC. 202. REPEAL PREVENTION AND PUBLIC HEALTH FUND. TITLE III- FINANCIAL SERVICES SEC. 311. REPEAL THE PART OF WALL STREET REFORM THAT BREAKS UP CRIMINAL BANKS. SEC. 321-324. "HAMP Termination Act of 2012" HAMP is the program designed to help homeowners renegotiate their mortgage rates with the banks. SEC. 331. LET CONGRESS FUND THE BUREAU OF CONSUMER FINANCIAL PROTECTION The Consumer Financial Protection Bureau (CFPB) was created in the Dodd-Frank Wall Street Reform bill to be the first government agency to protect consumers from getting screwed by their banks. The CFPB has guaranteed funding because it gets its money from the Federal Reserve. Congress would gain the ability to defund the CFPB if this bill were law. TITLE IV—COMMITTEE ON THE JUDICIARY SEC. 402. 3 YEAR TIME LIMIT ON MEDICAL INJURY LAWSUITS. "In no event" can a health care lawsuit begin 3 years after the date the patient gets injured or 1 year after the patient discovers the injury, whichever occurs first, unless Lawsuits by a child under 6 years old must begin within 3 years of the injury or before the child's 8th birthday, whichever is a longer period. SEC. 403. $250,000 CAP ON NON-ECONOMIC DAMAGES IN HEALTH CARE LAWSUITS. "The jury shall not be informed about the maximum award for noneconomic damages." SEC. 405. $250,000 CAP ON PUNITIVE DAMAGES IN HEALTH CARE LAWSUITS. A patient who has been told that they may not seek punitive damages can only be heard in court if they first prove that they will win their case. MAXIMUM AWARD: $250,000 or as much as two times the amount of economic damages awarded, whichever is greater. Protects health care/drug manufacturers, distributors, and suppliers from paying punitive damages. "The jury shall not be informed of this limitation." SEC. 409. ALLOW STATES TO FURTHER PROTECT HEALTH CARE COMPANIES FROM LAWSUITS This bill can not over-ride "any State or Federal law that imposes greater procedural or substantive protections for health care providers and health care organizations from liability, loss, or damages." TITLE VI—COMMITTEE ON WAYS AND MEANS SEC. 621. PROVIDE LESS MONEY TO STATES FOR SOCIAL SERVICES. TITLE VII—SEQUESTER REPLACEMENT SEC. 706. DELETE ALL DEFENSE CUTS FROM THE BUDGET CONTROL ACT

Congress passes the National Defense Authorization Act for 2013; highlights include lots of money for other countries, a continuation of indefinite detention, Christmas gifts given to Northrup Grumman and other campaign contributors, and rules will finally apply to defense contracting. All that and more in this summary of 2013's NDAA… The Bad Money to Other Countries - (Section 222) $211 million to Israel for IRON SHEILD, their missile defense system - (Section 1211) $508 million for Iraq. - (Section 1219) $350 million for infrastructure in Afghanistan. - (Section 1222) $250 million for equipment ("excess defense articles") in Afghanistan, no caps in 2013 and 2014. - (Section 1227) Authorizes up to $1.2 billion in payments to Pakistan, but they get no money for time when they close supply routes into Afghanistan to the US military. Pakistan also needs to hunt al Qaeda and try to stop IEDs to get money. All limitations can be waived if the Defense Secretary says in writing that they need to be. - (Section 1203) Gives Defense Secretary authority to use $75 million for equipment, supplies, training, and minor military construction in Yemen to fight al Qaeda and al Qaeda affiliates and another $75 million for the same thing in Djibouti, Ethiopia, Kenya and Somalia. - (Section 1010) Continuation of drug war in Columbia. No amount given. Drones - (Section 527) REPORT: due in 6 months, reasons drone operators have "persistently lower average education, training, and promotion rates" and how to improve those rates. Nuclear Weapons - (Section 211) Requirement that next-generation aircraft be able to transport and use nuclear weapons within 2 years of the aircraft's completion. Indefinite Detention Rep. Jerold Nadler of Colorado: As a Nation, no matter what adversity we have faced we have done so as Americans. We have united behind the values and freedoms that gave birth to this Nation and that have made it a moral force in the world. In the last decade, however, we have begun to let go of our freedoms bit by bit, with each new Executive order, each new court decision, and yes, each new act of Congress. We have begun giving away our right to privacy, our right to our day in court when the government harms us, and with this legislation we are continuing down the path of destroying the right to be free from imprisonment without due process of law. The conference report states that: Nothing in the Authorization for Use of Military Force or the National Defense Authorization Act for fiscal year 2012 shall be construed to deny the availability of the writ of habeas corpus or to deny any constitutional rights in a court ordained or established by or under Article III of the Constitution to any person inside the United States who would be entitled to the availability of such writ or to such rights in the absence of such laws. This language simply continues the flawed policies established in the 2011 defense authorization bill. First, it applies only to ‘‘any person inside the United States.'' That is important, but most of the debate on indefinite detention without charge and on the lack of due process has to do with people held by our government outside our borders—including, potentially, U.S. citizens. The language in this bill, combined with the prohibitions against moving these detainees into the United States, guarantees that we will continue holding people indefinitely without charge—contrary to our traditions of due process and civil rights. Second, this text continues the claimed authority of the United States Government to hold even U.S. persons captured on United States soil indefinitely and without charge. Some people may take comfort in the provision that states that those of us entitled to certain rights prior to the passage of the AUMF and of last year's defense authorization bill continue to have the same rights afterwards. But this bill does not say who among us are fortunate enough to have those rights, nor does it tell us what those rights might be. It does not specify how the executive branch is to determine which of us are entitled to these constitutional protections and which of us are not. And it does not provide us with recourse if the President gets it wrong. The Exact Text "SEC. 1029. RIGHTS UNAFFECTED. Nothing in the Authorization for Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 note) or the National Defense Authoriza-tion Act for Fiscal Year 2012 (Public Law 112–81) shall be construed to deny the avail-ability of the writ of habeas corpus or to deny any Constitutional rights in a court or-dained or established by or under Article III of the Constitution to any person inside the United States who would be entitled to the availability of such writ or to such rights in the absence of such laws." - (Section 1022) Prohibits updating U.S. facilities to house Guantanamo detainees, except at Guantanamo. - (Section 1027) Prohibits the transfer of prisoners out of Guantanamo Bay. - (Section 1025) Orders the Defense Secretary to tell Congress when it plans to ). Must tell Congress 10 days before the transfer. Parwan is a building built next door to Bagram; it's essentially the same place People were tortured there during the Bush administration at Bagram. Detainees have no access to courts at Bagram as they do at Guantanamo. Prisoners that have been held in both jails said that Bagram was worse. More people than Guantanamo (1,700 as of June 2011). This number has doubled during the Obama administration. In March, US started transferring hundreds of Afghani prisoners to Afghanistan authority but recently stopped. We are holding on to non-Afghani and a few Afghani prisoners because we're afraid that Afghanistan and/or the prisoner's home country will not detain them indefinitely like we will. - (Section 1024) Orders the Defense Secretary to tell Congress within 30 days when it detains a person on a ship. Future Wars Iran "SEC. 1233. SENSE OF CONGRESS WITH RESPECT TO IRAN. It is the sense of Congress that the United States should be prepared to take all nec-essary measures, including military action if required, to prevent Iran from threatening the United States, its allies, or Iran's neigh-bors with a nuclear weapon. SEC. 1234. RULE OF CONSTRUCTION. Nothing in this Act shall be construed as authorizing the use of force against Iran." - (Section 1244) More sanctions against Iran's national oil companies because "Iran's energy, shipping, and ship-building sectors and Iran's ports are facili-tating the Government of Iran's nuclear pro-liferation activities by providing revenue to support proliferation activities." In 4 months, all transactions involving Iran's oil, shipping, or ship-building sectors will be prohibited. Specifically, goods used in connection with the National Iranian Oil Company, National Iranian Tanker Company, and the Islamic Republic of Iran Shipping Lines ( - Can be waived if these goods are going to help with reconstruction in Afghanistan. Doesn't apply to the sale, supply, or transfer to or from Iran of natural gas. Sanctions on materials such as graphite, aluminum, steel, coal, and industrial software. Sanctions on anyone who insures the sanctioned companies. North Korea - (Section 1046) REPORT: In 4 months, a report on "the feasibility and strategic value of deploying additional conventional and nuclear forces to the Western Pacific region to ensure the presence of a robust conventional and nuclear capability, including a forward-deployed nuclear capability, of the United States in response to the ballistic missile and nuclear weapons developments of North Korea and the other belligerent actions North Korea has made against allies of the United States" China - (Section 1045) REPORT: By August 15, 2013, DoD needs to give Congress a report on "the underground tunnel network used by the People's Republic of China with respect to the capability of the United States to use conventional and nuclear forces to neutralize such tunnels and what is stored within such tunnels" and an assessment of their nuclear capabilities. Total for National Defense: $648,676,712,000, which is more than was requested. Rep. Jim McGovern of Massachusetts: "I would like to insert into the RECORD an article that appeared in to-day's in which he quotes Secretary of Defense Panetta in a speech. He said that the committees here in the Con-gress ‘‘had diverted about $74 billion of what we asked for in savings in our proposed budget to the Congress, and they diverted them to other areas that, frankly, we don't need.'' That is from the Secretary of Defense." which are long range drones manufactured by Northrup Grumman. The Pentagon had decided to risk terminating this version of Global Hawk (there are others in use and being built) and noted that it would save $800 million in fiscal 2013 and $2.5 billion over the next five years. It's a sole-source contract with Northrop and its team of subcontractors as the only contenders. The scale is worldwide. lists the Global Hawk's suppliers along with the names of their representatives in Congress.   Manufactured by General Dynamics "The Pentagon, facing smaller budgets and looking toward a new global strategy, wants to save as much as $3 billion by freezing refurbishing work on the M1 from 2014 to 2017, so it can redesign the vehicle from top to bottom. The flat bottom design makes these tanks especially vulnerable to improvised explosive devices. ", as well as halt work at dozens of subcontractors in Pennsylvania, Michigan and other states." General Dynamics is the , Jim Jordan Since the start of 2001, General Dynamics’ political action committee and the company’s employees have given at least to the current members of the four key defense committees General Dynamics spent at least   The Good Regulations For Contractors Oversight - (Section 843) Establishment of a chain of authority for contractors. Within one year, DoD needs to identify a chain of authority, a policy on what functions contractors are appropriate for, how the contractors will coordinate with DoD officials, and how contractors will be supervised. - (Section 832) Defense Contract Audit Agency will be able to look at contractor internal audits to determine to what extent they'll be allowed to police themselves. - (Section 851) Database on contractor performance. - (Section 844) REPORTS: DoD needs to collect information on the number of active contracts, the value of those contracts, if the contracts were competitively bid, the number of people working under each contract, how many contractors are performing security functions, and the total number of contractors killed. - (Section 941) Contractors must report to the DoD when their system has been hacked. - (Section 4805) Make contractor performance evaluations public Mission Appropriateness of Contractors - (Section 846) No later than 6 months after the planning begins for a combat operation, a risk assessment needs to be done on the operational and political risks of using contractors for critical functions. - The risk assessment can be skipped if the operation is "not expected to continue for more than one year" and the contracts are expected to be less than $250 million. Subcontracting Rules - (Section 802) 6 months, regulation that says if a contractor intends to subcontract more than 70% of the work, the contracting officer needs to consider just directly contracting with the subcontractor and explaining in writing the reason for his decision. Profit-Control - (Section 811) Cost-type contracts will be prohibited at DoD starting on October 1, 2014. - (Section 831) Training for acquisition managers on determining reasonableness of prices - (Section 804) REPORT: Change guidelines, within 6 months, on contractor profits to "ensure an appropriate link between contractor profit and contractor performance." - (Section 864) REPORT: Effect of prohibiting payment of contractor salaries that are more than we pay the President of the United States ($400,000) Funding - (Section 803) Contract funding (Defense Acquisition Workforce Development Fund) = $500 million in 2013, $800 million in 2014, $700 million in 2015, $600 million in 2016, $500 million in 2017 Misc. Good Things Firefighters - (Section 1803) Federal grants to firefighters between $1-$9 million each depending on the size of the population served. Active Troops - (Section 601) 1.7% pay raise for service members effective January 1 - (Section 622) Authorizes a space-available travel program for armed service members If Secretary decides to do it, he has one year to decide the rules. - (Section 523) Sex offenders no longer allowed to enlist in the military - (Section 954) Gives authority to Defense Secretary to create a National Language Service Corps of nongovernmental people who can be called up to help the DoD with foreign language services. Veteran Benefits - (Section 541) Authorizes a Troops to Teachers program: Eligible military retirees can become teachers in low income neighborhoods with teacher shortages Eligibility: must have completed at least 6 years of active duty and sign a reserve commitment for 3 years. Must have a bachelor's degree or higher. Bonus: Capped at $5,000 for regular school, $10,000 high need school, which they need to pay back if they don't finish their 3 years. $15 million cap on entire program - (Section 729) Directs the Secretary of Veterans Affairs to start a national outreach program to societies, community organizations, non-profit organizations, and other government agencies to give mental health care to veterans part time, for free.

Doing nothing, literally, is planned until 12/28 and a special guest helps filter fact from fiction in regards to solar power. *Correction from CD004: failed this week. 1 million Primatene Mist (manufactured by Armstrong Pharmaceuticals) inhalers in a CA warehouse Primatene Mist and all other inhalers with ozone-depleting chemicals have been off the market for 11 months Needed 2/3 aye votes to pass because it was brought up under "suspension" : Extra "work" days during the holidays will be filled with fluff (passed House) Gives the House GOP the authority to bring up suspension bills until December 28th Suspension bills = insignificant bills that generally pass with a voice vote = time wasters (passed House) Banks will only have to send a notice if they change their policy Saves banks money * Conferees chosen to work on the 2013 National Defense Authorization Act (NDAA) The House and Senate will be merging their bills into one to be sent to the President. Vote possible next week. Interview: Special guest Joe Briney, commercial solar power engineer, discusses the solar industry.

Rep. Jo Ann Emerson quits Congress to become a lobbying titan, the Coast Guard is funded, Louie Gohmert votes for 'lunatic', GOP confuses net neutrality, and a crisis is engineered during a short week in Congress. - Represents southeast Missouri: - Leaving Congress in February to become President and CEO of the National Rural Electric Cooperative Association, a trade association/lobbying group. - It has about 900 member utilities that serve and own almost half of the US power grid. - Replacing Glenn English (also a former Congressman) who made = $1.5 million a year. - A key accomplishment: weakening climate bills on behalf of coal-dependent electric cooperatives. - We have to pay for a special election to replace her in Congress. - Good news: we got rid of a gay hater in Congress. - Already passed the Senate. - Gives Coast Guard about $10 billion total. - Orders a risk assessment (due 6 months after bill becomes law) for transporting Canadian tar sands by sea which will detail: How much barge, tanker, and supertanker traffic may increase. Whether transportation of tar sands through the Salish Sea will bring it through U.S. waters. A list of rules and regulations that restrict super-tanker traffic in U.S. waters and "an assessment of whether there are methods to bypass those rules." A list of rules and regulations that restrict the amount of oil transported in tankers and how to get around those rules too. Whether tar sands oil has different properties from other oils. A risk assessment of increasing tar sands traffic. "The potential costs and benefits to the U.S. public and the private sector of transporting Canadian tar sands by sea. - The bill also includes this: SEC. 701. LIMITATION ON AVAILABILITY OF FUNDS FOR PROCUREMENT OF ALTERNATIVE FUEL. None of the funds authorized to be appropriated by this Act or otherwise made available during fiscal year 2013 or 2014 for the Coast Guard may be obligated or expended for the production or purchase of any alternative fuel if the cost of producing or purchasing the alternative fuel exceeds the cost of producing or purchasing a traditional fossil fuel that would be used for the same purpose as the alternative fuel. - Creates a website detailing the crime rates of cruise lines. - Lifetime protection is only for Presidents who served before 1997. - Would otherwise only be protected for 10 years. - Rep. Greg Walden (R-OR)(Telecommunications Industry mole) - Commitment to unregulated internet. - Attacks FCC net neutrality rules. - "“Only a crisis- actual or perceived- produces real change." - Milton Friedman - House only worked 3 days this week. - House has cancelled work next Friday. They will only work Tuesday-Thursday at 3:00pm. - Eric Cantor warned members to plan to work the week of December 17th, even though they were supposed to be done by the 14th.

During another slow week in Congress, Jesse Jackson Jr. resigns, Nydia Velazquez (NY) ignores a subpoena, the Department of Homeland Security gets investigated, the Senate fights about filibusters, and the Trans-Pacific-Partnership is confirmed as real, secret, and scary. Bills Signed Into Law: - : Fast tracks Rockaways gas pipeline for Transcontinental Gas Pipeline Company (Transco) - : Prohibits airlines from participating in EU cap & trade program. - Hasn't been seen since June and didn't campaign but still won his seat - Is under investigation for allegedly trying to buy Barack Obama's vacant Senate seat in 2008. - No information available on the court case she is involved in or why she is ignoring the subpoena. - Represents Brooklyn, Lower Manhattan, Queens. - Has been serving for 20 years - (she's on the financial services committee) - Got the vast majority of her 2012 money from large individual donors (rich people) and secret PACs (almost half a million) - Voted for bailouts and against auditing the Fed : Department of Homeland Security (DHS) Accountability Act- passed the House 11/27 - Independent panel to do an assessment of DHS because its creation was and remains high risk. - DHS was a creation of the Bush administration in 2002 - 22 agencies were merged = dysfunctional government - FEMA - issued huge contracts with little to no oversight after Katrina. - TSA - hundreds of employees have been arrested for thefts. - Immigration & Border Patrol- employees arrested for accepting bribes. - Federal protective service - short staffed and not performing their duties sufficiently. - Senate also passed : tells DHS to keep financial records for an audit next year STEM Jobs Act- passed the House 11/30 - Legislation backed by Apple, Oracle, Cisco, & Adobe - Makes it easier for foreign students graduating with degrees in science, technology, engineering, and math to get visas - Limits the number of visas for regular families - Eliminates the diversity visa program that gives visas to people from more random countries - Won't be become law; Filibuster Change in Senate - Filibuster = Objection that postpones a bill from coming up for a vote. - One strategy is endless debate: Senate rules allow Senators to speak as long as they wish unless 60 Senators vote to shut them up (cloture). - Another strategy is an individual Senator placing a hold; if 60 votes aren't there to over-ride the hold, the bill is blocked from a vote. - Changes to Senate rules can be done by a simple majority but only on the first day of the session in January. - Most likely change: the next Congress might require the blocker to stay on the floor and defend their objection. - 1960's: No Congress had more than 7, 2000's: Avg over 100 in each of the last 3 Congresses - A trade deal being crafted in secret with the cooperation of 600 corporations. - Will manage 40% of all global trade (). - Congressional representatives have been denied access to TPP negotiations and documents. - (Dec. 3-12) in Auckland, New Zealand

During a slow week in the House of Representatives, inhalers are given relief, airlines are forced to ignore a European carbon law, and trade with Russia is "normalized." *Mistake in CD003: Pete Sessions, not Jeff Sessions. * was bill signed into law during recess. - Asthma Inhalers Relief Act of 2012 (Sponsored by Rep. Michael Burgess / Energy and Commerce Committee) : Epinephrine CFC Metered-dose Inhalers - Questions and Answers Epinephrine CFC metered-dose inhalers used to treat asthma (known as Primatene Mist or Epinephrine Mist) cannot be made or sold in the United States after December 31, 2011. 4. What other inhalers can I use for my asthma? There are inhalers that contain other medicines that can treat asthma, such as albuterol HFA inhalers. Hydrofluoroalkanes (HFAs) are different propellants (spray) than CFCs. You will need a doctor’s prescription to buy these. 10. Why are over-the-counter epinephrine CFC inhalers being phased out? Manufacturers use chlorofluorocarbons, or CFCs, as propellants (spray) in these inhalers to move the medicine out of the inhaler so patients can breathe the medicine into their lungs. The United States signed an international agreement, called the Montreal Protocol on Substances that Deplete the Ozone Layer4 along with many other countries. These countries promised to make it illegal to make or sell substances that decrease the ozone layer, including CFCs, after certain dates. 12. Is it safe for epinephrine users to "purchase sufficient” amounts of Primatene Mist to use following the phase out date of December 31, 2011? Epinephrine users can use the product after December 31 because the product phase-out only applies to the manufacture and sale of the product after December 31. If you haven’t used up your Primatene Mist by Dec. 31, 2011, it’s safe to continue using it as long as it hasn’t expired. (a) In General- The Environmental Protection Agency -- (1) shall allow for the distribution, sale, and consumption in the United States of remaining inventories of CFC epinephrine over-the-counter inhalers. (2) shall not take any enforcement action or otherwise seek to restrict the distribution, sale, or consumption of such inhalers on the basis of any Federal law implementing the Montreal Protocol. (3) shall give any company who sells these over-the-counter inhalers a No Action Assurance Letter stating that the Environmental Protection Agency will not bust you prior to August 1, 2013. S. 1956 - European Union Emissions Trading Scheme Prohibition Act of 2011 (Sponsored by Sen. John Thune / Transportation and Infrastructure Committee) November 12, 2012: The European Union announced they are postponing the imposition of the Emissions Trading Scheme until 2014, making this bill unnecessary. The bill prohibits airlines from complying with European law, preventing them from paying taxes on carbon emissions the European Union MIGHT enact in 2014. Henry Waxman (CA) If we bar the airlines from complying, they will incur steep pen-alties estimated at over $20 billion by 2020. The Thune bill then says the gov-ernment is going to have to hold the airlines harmless from this cost. That means that taxpayers may be on the hook for over $20 billion, although the bill also limits the use of appropriated funds. Or the hold harmless provision would force the Secretary to use exist-ing authority to require European air-lines to pay the fees to compensate the U.S. airlines. Rather than doing something con-structive about global warming, we are going to ignite a trade war with the Europeans. Has now passed both Houses of Congress and is on its way to the President's desk. H.R. 6156 - Russia and Moldova Jackson-Vanik Repeal and Sergei Magnitsky Rule of Law Accountability Act of 2012, Rules Committee Print (Subject to a Rule) (Sponsored by Rep. Dave Camp / Ways and Means Committee / Foreign Affairs Committee) A free trade bill with Russia, that does nothing for Russia; it opens the 142 million person market to multi-national corporations. The bill also prohibits certain Russian murderers from getting U.S. visas and freezes any bank accounts they may hold in the United States. Passed the House, now moves into the Senate.