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Health insurance choice is bad?

The San Antonio Express News picked up a Washington Post op ed on those big, bad Republican plans to repeal Obamacare. Originally titled, “The reason Republican Republican health-care plans are doomed to fail,” by the editorial board that declared, “There’s no way to replace Planned Parenthood.”

And it’s bunk, even as prudently renamed and appropriately filed in the Opinion section.

What we are *actually *seeing *today is that costs are rising and insurers are withdrawing from States. Choices are certainly limited if there’s only one insurance company on the exchange and routine screening costs are “free” — But the care for treatment discovered at screenings is subject to high deductibles.

Limited coverage plans with major medical for extraordinary costs – rather than a wish list covered with other people’s money from first dollar – encourages personal responsibility and will cut costs. It would also allow people to own their insurance, rather than have it controlled and limited by current employers.

National Security Letters

​While we were distracted by whether Kellyanne Conway was “lying” about “alternative facts” and how mean Bannon and Spicer are, the FBI quietly lifted the gag order on National Security Letters issued by them during the previous Administration.

Now, I’m not a lawyer, so the following is a lay explanation.

These “Letters” are in fact, subpoenas issued by a government agency. They don’t require a judge or FISA Court review or warrant. 

Get this: the laws authorizing the NSLs are called “Patriot” and ” Privacy” Acts and the gag order provisions have been vetted by the Ninth Circuit of Appeals:

However, the government appealed to the Ninth Circuit Court of Appeals, which vacated her ruling and sent the case back to the district court. Last month that court ruled that the gag order challenge was no longer relevant because the USA Freedom Act had successfully addressed the issue of gag orders

GoogleTwitterFacebook, and others reported the release from the gag order during the last couple of months. Yahoo, along with the others, has been fighting in court and some of the Letters have been disclosed to the targets:

Over the past several years, Google challenged 19 NSLs in court and last year won the right to tell WikiLeaks employees that their data had been requested.

I sincerely thought that all of these sorts of subpoenas were required to eventually go through approval of a FISA Court judge. Hopefully, the Trump Administration will not continue the Obama Administration’s abuse of these Letters and that Congress will correct the law.

Don’t regulate plants!

​Ridiculous! It’s a plant. Which literally grows like a weed – or house plant – and doesn’t require manufacturing or processing to use. What business does government have in outlawing a plant?

Marijuana laws are in the news in Texas, once again. I hear and read plans to make money from taxes and autocratic demands to”protect” people from the plants. The same Republicans who demand legalization of the sale of raw milk and think gambling dollars should stay in the State argue against any decriminalization of marijuana.

Even if you don’t have sympathy for the thousands  jailed for use while the plant is illegal, the raids on gardensseizures of farms or the arrests of people because owners are suspected of growing illegal *plants* should make you consider the harm from draconian narcotics laws. 

In fact, my trouble getting poppy seeds for the hard, back in the’90’s is what changed my mind about these laws. The Clinton Administration was arresting people for selling seeds and dried pods used in crafts:

Somniferum is the only poppy species mentioned in the federal Controlled Substances Act of 1970, where it is listed as a Schedule II drug, the same as cocaine. The entire poppy plant, not just the opium that oozes from its green seedpod, is considered contraband.

“But the law specifically exempts somniferum seeds, those blue-gray dots you find on your bagel. So chew on this: Seed companies can legally sell opium-poppy seeds, but gardeners who buy those seeds break the law by planting them.

Republicans are advocates of personal responsibility and remind others about the words in the Declaration of Independence. We should know that legitimate laws are intended to protect us from the infringement of inalienable rights by third parties — and the government. Laws are not meant to protect us from ourselves.

In a liberty-minded, Republican-controlled State and Nation, there shouldn’t be any laws against growing seeds from your grandmother’s heritage poppies or your new neighbors’ marijuana plants.

Addendum: a 1992 article about poppies at Thomas Jefferson’s Monticello:

Thomas Jefferson planted white opium poppies at Monticello. They grew in the historic garden near Charlottesville, Va., until last June, when they were yanked up.

****

“The center even sold the seeds. Until its governing board — “which has a mania for being legal,” Mr. Fitzpatrick said — decided to press the issue.”

Pay attention: it’s policy, not bias

screenshot_20161109-175849The consensus of media pundits and bloggers, as well as quite a few liberal and even Conservative op-ed authors, is that Donald J.Trump was elected President out of some misguided national populism and anger at Congress, fueled with a lot of racism, misogyny and hate. The fact that those same voters elected a Republican majority in the House and Senate  – sending virtually every eligible Republican incumbent back to DC – is glossed over.

The idea that Conservatives really believe in small government and equal opportunity supported by personal responsibility is rarely voiced. That we might actually vote, not only for President but consistently down ballot, in order to defend the Bill of Rights and the right to life is ignored while we are accused of xeno-, homo-, and poly-whatever-phobia. I read that I am “afraid” of other lifestyles, religions, and losing my “privilege” based on being a White Christian.

Personally, I approve of most of the Republican Platform, especially where it addresses core Conservative issues, such as low taxes and equal treatment under the law. I want a Legislature that will uphold the Constitution as it’s written and defend against the infringement of inalienable rights. I don’t want activist judges nominated or confirmed at any level of the Federal Court system, especially the Supreme Court. I hope President Trump and the Republican Congress majority will decrease the hassle factors and threats placed on the practice of medicine and business in general by an overreaching Federal bureaucracy.

And, yes, my sense of fairness hopes that our existing immigration laws will finally be enforced, as an outcome of the”equal treatment under the law.”

Instead of facile clichés fed by cherry-picked sound bites and the latest talking points from the Left, try looking at and listening to the 59 Million voters across the country who elected a Republican candidate for President, and ensured a Republican majority including all those “establishment” candidates in both the House and Senate. 

It’s the Republican platform and Conservative policy that we Conservatives voted for, not one man.

I hope you can recall this

The future includes so much more than a 10 year old video, for people who don’t have memory problems.

Forget the Clinton’s sale of nights in the Lincoln Bedroom and misplaced furnishings from the White House and, later, the State Department offices. Go ahead, laugh at the “Reset button.”

But don’t forget the pay-for-access that continues to this day. Please don’t dismiss Clinton’s complicity with the sale of US uranium and her own dismissal of the deaths of four Americans at Benghazi or of “our posterity” in the case of the unborn children whose lives are ended by elective, intentional abortion.

These recollections make a difference today and for the future.

What place will there be in a Clinton II Administration for people who oppose abortion or who prefer to continue to include “under God” in the Pledge of Allegiance? Can we tolerate another 4 years of IRS discrimination against conservative non-profits? Do we need to have more lawsuits against nuns or regulations forbidding Christians from praying in the name of Jesus?

We certainly won’t be invited to any closed door meetings on HillaryCare. And there’s no telling how many boxes of FBI files and billing records will disappear never to be “recalled” if Clinton gets another shot at the White House.

I would much rather hold Donald Trump to his promises than watch Hillary Clinton keep hers.

Beverly B Nuckols, MD

RedState vs. Pro-life

There is only one candidate on the November ballot for President this year who states that he is pro-life.  Even if Donald Trump is inconsistent – and he is, I’ll admit – the fact is that Hillary Clinton and Gary Johnson are very consistent in their advocacy for legal elective abortion. Trump may have said that Planned Parenthood does good work, but Clinton campaigns with Cecile Richards.

RedState has lost all relevance as a reliable source for conservative commentary, in their zeal to defeat Donald Trump.

First, the moderators began banning commenters who simply questioned RS authors during the Primary. Now,  Discus and comments have disappeared entirely  from the site, and any public feedback  is moved to the ephemera on Facebook. 

The latest supposedly #NeverTrump move is an attack on pro-life
organizations by the editor, Leon Wolf, who once stated that he would vote for Clinton over Trump in a close race for President. 

Yes, Pro-life Bills are often weak, incremental compromises. We face the reality of needing to win at least some Dem votes and the probability of vetoes. The Press invariably paints usas evil. As Wolf pointed out – and the Supreme Court ruling on Texas’ HB2 clearly showed – the current Courts are stacked against us.

One of my friends acknowledged the weak Bills and compromises that our legislative efforts sometimes become, likening our efforts to lifeboats.  Rather than big, shiny, well-crewed ships to use to rescue the unborn, we are forced to borrow any thing that floats. Our crafts are ugly and leak, and we constantly have to worry that we will sink. This is all we have, but we go back again and again, to rescue as many as we can without each trip.

Leon Wolf just shot a few new holes in our efforts, from his safe harbor at RedState.

Obama’s Abortion Cronyism 

Obama’s new Health and Human Services regulations will prohibit consideration of whether a provider does abortions – or sells body parts – or not.

Kansas and Texas, among other States, attempted to prioritize their limited tax dollars, preferring to steer money – and patients – toward continuing and comprehensive caregivers – primary care providers- over  reproductive health “boutiques:”

When PP sued, they lost. But Obama arbitrarily stripped the State’s Title X funds and gave the money to PP, anyway.

The “most transparent Administration ever” went further:

 In New Hampshire, the administration even refused to disclose information about its direct Planned Parenthood grant, claiming disclosure would harm the nonprofit’s “competitive position.”””

What competition??? That’s pure cronyism and blatant support of the Democrat’s  – and Obama’s – pro-abortion political ideology.

Edited 11/12/16: misspelling of Services in first sentence BBB

Lawlessness for All (A Modest Proposal)

Tell me why I should believe that  “Latinos” are a big homeogeneous blob who don’t care about anything else except immigration, including law and order?  

The news yesterday was full of “Latinos” declaring that they have turned away from voting for Donald Trump after his speech on immigration in Phoenix. 

These people on the “news channels” and social networks claimed that an entire group of people, all lumped together because of who their parents are or what language they speak, are of the same mindset, and will vote as a block to ensure that some people – dare I say “their people” –  are treated differently under the law from everyone else 

There’s no justice  in ignoring the law. On the contrary, inconsistent enforcement of the law is injustice:  it infringes on everyone’s rights. Everyone’s liberty is placed at risk by inconsistent enforcement at the whim of whoever has the biggest gun, the most votes or the latest appointees to the US Distric Attorneys offices and Federal Courts.  Whoever has power gets to decide which of us is “more equal.”

Illegal aliens have at least committed a misdemeanor for the first offense. If they’re working, they are probably using false Social Security numbers, possibly committing  identity theft –  not a victimless crime, even if you believe the reports that illegal aliens contribute more than they cost society.

So, here’s my “Modest Proposal,” with apologies to Vicar Swift.

If you think we should just let illegal aliens hide out for 10 years, then self-report (yeah, sure) , sign up for fines and an English as a Second Language class,  how about treating every equivalent infringement the same?

Let us each pick our own tort or crime, to be determined at our convenience. Give everyone a year or 10 – after the fact – to self-report, pay a fine, take a class  and go on.

Start with other cases of identity theft, then move on to Federal offenses like voter fraud, money laundering, Medicare and Medicaid fraud and abuse, on to failure to pay the IRS, bank fraud, embezzlement.

After all, it’s only fair.

Not-Libertarian Town Hall

Watched the John Stossel “Libertarian Town Hall” from August 26th on YouTube.   I believe I will “discriminate” against these two. Johnson and Weld don’t seem to understand the basic tenets of either the Libertarian Party or their former Republican Party. They have moved far to the Left and openly  advocate force against anyone who works in the public

Basic Ethics: It’s not aggression ( or harmful “discrimination”)  to refuse service – to refuse to act. In direct contrast to the statements made by these two, religious freedom is not restricted to “the church” or within the church worship service. Integrity requires that people practice their religion in all aspects of our lives. And, business regulation cannot legitimately be used to enslave by forcing future labor or giving the government the power to allocate private property.

Both men argued that the government may force a Christian baker to bake a cake for a gay wedding. Johnson repeatedly refused to answer Stossel’s question about the Muslim delivery owner being forced to sell pork. Such simple question!


Johnson tried to make a distinction between selling a cake and decorating the cake, calling the latter a matter of free speech. The point is that the right to liberty is an inalienable right which gives rise to religious and speech liberties.

In the cases that have been brought against bakers who won’t sell cakes, the cakes have been *wedding* cakes which are, indeed, decorated. Those cakes would have been the result of future labor, and made to order, not cakes already baked, waiting in a display shelf. 


In order to justify Federal interference, Weld said of one program, “The proof is in the pudding.” In other words, the ends justify the means. No, in an ethical world, illicit means are illicit, even if they work.

The bottom line is that neither Gary Johnson nor Bill Weld displayed an understanding of ethics, or the rationale behind Libertarian or Republican policies. 



Better Deal or Denial

corrupt

Department of Defense Transgender Plans – Bottom Line

United States Secretary of Defense, Ash Carter, declared the US military Independence Day from biology and human development. There will be a necessary increase in the military’s dependence on medicine, however.

“In an historic and controversial move, the Pentagon on Thursday lifted its longstanding ban on transgender troops and began outlining how the military will begin allowing — and paying for — service members to transition, medically and officially, from one gender to another.

“Now transgender troops will no longer be considered “medically unfit” for military service. By October, transgender troops may begin an official process to change gender in the military personnel management systems.”

****

“”The most common treatment for gender dysphoria is hormone therapy.”

This shouldn’t be a problem, other than a few hot flashes here and there – wherever.  After all, the American Medical Association has decided that neither genetic nor physical sex – also known as”anatomy,” trump feelings – or official birth records.

““Breast implants may be medically necessary” for some individuals, said another defense official familiar with the medical aspects of transgender treatment.

“Cosmetic surgery for gender transition, however, would in most cases be considered an elective procedure and not be covered by the military health system, defense officials said. Many transgender individuals do not opt for a full sex-change operation to include “bottom” surgery that changes genitalia.” (Emphasis mine.)

So, the DOD may buy some estrogen and testosterone and a few “medically necessary” breast implants, they don’t plan to pay for “bottom surgery.”.   In light of current insurance criteria, a huge of ” the standard practice in the civilian medical community,” however, I’m not sure how long that plan will last. (See the excellent and thorough discussion of medical necessity for gender reassignment surgery, provided online by Aetna, here.)

Right now, the question seems to be more about what the well dressed transgendered soldier, sailor or Marine will be wearing next year.

I haven’t served, but it seems to me that the solution is a truly *uniform* we of “grooming standards and uniform-wear,” job descriptions and fitness requirements. If genetic or physical sex is irrelevant to”gender identity,” then they should certainly be irrelevant as to readiness standards.

BTW, this may just be the justification for “access to 100 percent of America’s population” for future drafts.

Push for Primary Nullification

Delegates must vote their consciences!

(Texas is safe: our delegation must vote as bound on the first ballot, but the majority are bound to Cruz.)

Follow Trump’s Example: Support 3rd Party

Trump demands Party loyalty when it’s his campaign, but the only loyalty he’s demonstrated is his loyalty to candidates who oppose Republicans.

If you can’t donate $25,000 to the Democratic Senatorial Committee (and don’t want to donate to Anthony Weiner or Planned Parenthood’s favorite Senators Daschle, Kerry and Schumer, perhaps you could support the 3rd Party candidate as Trump did in 2009, when he gave the newly Independent candidate, Charlie Crist, $4800.

Trump Highlighted Political Donations

Look, it’s not “go along to get along” when a man donates tens of thousands to the Democratic National Committee, the (Democratic) National Leadership PAC, and the Democratic Senatorial Committee. That’s partisanship.

In fact, as it’s been reported, Republicans can expect Trump to support us about 40% of the time, Dems, 48%.

Trump - Donations chart - March 7 2016

 

 

Donating to Crist in 2009? That’s anti-Republican.

 

Pennsylvania Judge Rules Cruz Eligible

A judge in Pennsylvania rules that anyone born a citizen is a “Natural Born Citizen.”

 

The judge relies on several pieces of legal scholarship. First,  a memo produced in 1968 by Charles Gordon, then the General Counsel of the United States Immigration and Naturalization Service, which says: “The Framers were well aware of the need to assure full citizenship rights to the children born to American citizens in foreign countries.”  He also points out a 2011 Congressional Research Service Memo entitled the “Qualification for President and the ‘Natural Born’ Citizenship Eligibility Requirement.” The document concludes:

“The weight of legal and historical authority indicated that the term ‘natural born’ citizen would mean a person, who is entitled to U.S. citizenship ‘by birth’ or ‘at birth’ either by being born ‘in’ the United States and under its jurisdiction, even those born to alien parents; by being born abroad to U.S. citizen-parents.”

Another ruling was handed down March 19 in Utah. This judge dismissed the case due to standing, but also made the comment that Cruz is a US citizen by birth. Other cases in Illinois, Florida and New York have also been dismissed due to legal technicalities.

Delegate tally so far

image

https://www.washingtonpost.com/graphics/politics/2016-election/primaries/delegate-tracker/republican/

Counting win before chicks are hatched.

image

If Ted Cruz wins Presidency, it leaves a huge blank if Cruz resigns before Obama is out.

A special election will be called for the next uniform election day or 32 days after election is called.

We’ll need Cruz to resign as soon as elected or wait until inauguration to prevent aggression by the “Office of the Lame Duck President.”

Posted from WordPress for Android. Typos will be corrected!

Texas Governor Greg Abbott endorses Cruz for President

Huge endorsement from Texas’ Governor Greg Abbott. This is one I had been wondering about.

In a video announcing the endorsement, Abbott said,

“Unlike far too many in Washington, the Ted Cruz we’ve seen in the Senate is the same Ted Cruz we elected and he’s the same Ted Cruz I served with when I was attorney general,” Abbott said.

I was very impressed and very proud of Ted Cruz back in 2009, on the day when Kay Bailey Hutchison announced that she would run one more time as Texas’ Senator. Within minutes, Cruz withdrew his bid for Attorney General, rather than run against General Abbott. Although later I became opposed to his campaign tactics, that moment showed integrity.

( I’m just barely cynical enough to think it also showed good political sense. In fact, that only just occurred to me. Doggone it! I want to believe it was character, not simply savvy politics.)

Cruz needs mentoring – to *accept mentoring* – from both Governor Perry, who has also endorsed Cruz,  and from Governor Abbott. I hope that he will.

Texas: Don’t Vote Early

I’ve never done this before,  but  …
I hope Texas – and especially Comal County – voters will wait to vote.  The State elections and the Presidential race are full of dirty tricks and deceptive ads and flyers.

People I once trusted are so fearful of a couple of powerful Lobbyist groups in Texas, and at least one lying campaign management firm, that they are making ill-advised endorsements. Those people most likely will not benefit the way they think they will.

Wait. Watch. Election day is March 1st.

Posted from WordPress for Android. Typos will be corrected!

“Inaccurate and misleading” (Cruz attacks on Rubio)

At the Faith and Family conference, Senator Ted Cruz claimed that Senator Marco Rubio had not supported the defunding of Planned Parenthood by not voting against the annual budget vote in September, 2015.

I don’t know if most of my readers can understand what a big step it is for a group like National Right to Life to enter into this political debate between pro-life candidates. However, this accusation was enough to cause this statement to go out, as reported by Andrew Bair, @ProLifePolitics :

https://mobile.twitter.com/ProLifePolitics/status/698321269687775232/photo/1

“The following may be attributed to Carol Tobias, president of National Right to Life:tobias feb 2016

“Marco Rubio voted to defund Planned Parenthood before Ted Cruz ever got to the U.S. Senate (see roll call on H. Con. Res. 36, April 14, 2011). Since Ted Cruz joined the U.S. Senate, both he and Sen. Rubio have voted the same on every roll call that National Right to Life regards as pertinent to defunding Planned Parenthood. To suggest that Rubio voted wrong or missed meaningful votes on the Planned Parenthood issue is inaccurate and misleading. National Right to Life is pleased that all of the major Republican candidates for president, Sens. Rubio and Cruz included, have stated that, if elected, they would work to derail Planned Parenthood’s government gravy train. “

Government shut down would NOT defund Planned Parenthood

For every one who still claims that Republicans should have shut down the government last year rather than pass any budget that included funds for Planned Parenthood,  read what National Right to Life had to say at the time.  Even if the government had shut down over the budget,  PP would have continued to receive funds!

“Additionally, as LifeNews.com reported recently, a study by the Congressional Research Service found that the majority of federal funds flowing to Planned Parenthood would not even be temporarily interrupted if the government shut down over this issue, because the funds flow through “entitlement” programs such as Medicaid – and those entitlement programs do not do not depend on enactment of the annual funding bills.

“It is also important to understand that federal spending bills do not include any “line items” that specifically designate money for Planned Parenthood. Rather, Planned Parenthood affiliates tap into funds from big programs like Medicaid and Title X. In order to deny Planned Parenthood such funds, a new law must be enacted to specifically prevent such funding. But for Congress to approve such a law will require 60 votes in the U.S. Senate, to overcome the filibuster.”

(Emphasis mine)

 

Remember this the next time you read or hear that nothing has come from a Republican majority in the House and Senate because Congress passed a budget September, 2015.

Then, ask the writer or speaker what kind of budget we would have had if Pelosi and Reid had been in charge.

Posted from WordPress for Android. Typos will be corrected!

Edited for formatting -BBN

Murphy’s Laws, War, Plans, and “Friendly Fire.”

Donald Trump @therealdonald made a comment during the February 13th #GOPDebate about making a great battle plan, etc., which reminded me of the saying, “No battle plan survives first contact with the enemy.” Looking up the origin, I found that it’s a shortened version of the observation by Field Marshal Helmuth Karl Bernhard Graf von Moltke, a 19th Century German.

More recently, the quote has been incorporated in “Murphy’s Laws of War” as, “No OPLAN ever survives initial contact.”

There’s at least one more Law that seemed to fit the debate last night: “The only thing more accurate than incoming enemy fire is incoming friendly fire.”

 

 

Perry endorses Cruz for 2016

I still haven’t made up my mind and I’m waiting to see how those objections and lawsuits concerning whether Cruz qualifies as a “Natural Born Citizen.” However, the endorsement from Governor Perry is a strong mark in Senator Ted Cruz’ favor:

 

“I wanted to talk about him, who he was, see if I could get a handle on Ted Cruz the man, not Cruz the caricature I’d seen through the political lens. What I found was a very different person than what I had been led to believe.”

******

Conservatives Against Trump

NR Against TrumpThe National Review has a page online of non-endorsements for @therealdonald. They are worth reading. Here’s a few excerpts:

From Erick Erickson, radio talk show host and formerly of RedState.com, this reminder:

“Nonetheless, I will not be voting for Donald Trump in the primary. I take my conservatism seriously, and I also take Saint Paul seriously. In setting out the qualifications for overseers, or bishops, Saint Paul admonished Timothy, ‘If anyone aspires to the office of overseer . . . he must not be a recent convert, or he may become puffed up with conceit and fall into the condemnation of the devil’ (1 Timothy 3:1,6).”

 

From Yuval Levin, editor of National Affairs and author (I stole his line about Pope Benedict for my email signature, “I have a mustard seed and I’m not afraid to use it.”), observes:

American conservatism is an inherently skeptical political outlook. It assumes that no one can be fully trusted with public power and that self-government in a free society demands that we reject the siren song of politics-as-management. A shortage of such skepticism is how we ended up with the problems Trump so bluntly laments. Repeating that mistake is no way to solve these problems. To address them, we need to begin by rejecting what Trump stands for, as much as what he stands against.

Take the time to read these comments, please!
(Edit: BBN  to add) A quote from Dana Loesch:

“Why is there a double standard when it comes to evaluating Donald Trump? Why are other politicians excoriated when they change their minds — as, for example, Rick Perry did on the question of whether HPV vaccinations in Texas should be compulsory — but when Trump suddenly says he’s pro-life, the claim is accepted uncritically? Why is it unconscionable for Ted Cruz to take and repay a loan from Goldman Sachs to help win a tough Senate race but acceptable for Donald Trump to take money from George Soros? Why is vetting Trump, as we do any other candidate, considered “bashing”? Aren’t these fair questions?”

Read more at: http://www.nationalreview.com/article/430126/donald-trump-conservatives-oppose-nomination

Not a Good Samaritan cause

It is the duty of *our* government to protect *our* inalienable rights. We, the people, *are* the government and we have no business taking from our neighbors to give to another. We cannot ethically put others in danger for our purposes.

As the Governor of Texas wrote, there is absolutely no way to vet the current crop of refugees. Have you seen the make up of the groups? Largely, single men who should be defending their own land, not coming here so completely dependent on charity.

Good hearted people are claiming that we are hypocrits and false Christians  if we don’t accept Syrian refugees with open arms ( and State tax coffers.

The good Samaritan analogy is not equivalent. The Samaritan self-sacrificed, both financially and with time. He didn’t tax anyone else to pay for his good deads, but covered the expenses from his own pocket.

And he didn’t put himself — much less his dependents and innocent bystanders — in harm’s way. 

If you feel this way, you might consider sponsorship of an alien someday. However, we can’t afford the money as a State, to bring in these people who will need total care and we certainly can’t afford to risk that even one is a terrorist.

(As someone asked:  If I hand you a bunch of grapes, telling you that 1% may be poisoned, but I can’t test –Are you going yo eat any of them?)

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Detention, boxcars and “papers”

Please read the link – or at least the entire quote I’ve pasted here – before commenting.

The immigration debate and its ability to divide the Republican Party and split the Conservative vote is not new. Here’s a commentary about the dispute in light of the 2012 Presidential election, written in 2011. (Scroll down the page to “On Immigration,” Saturday, May 21, 2011.)

Dr. Jerry Pournelle has served our Nation in many capacities (including serving in the Army during the Korean War), but he’s probably best known, to those who know his name at all, as the author of Science Fiction written from a conservative, libertarian-leaning viewpoint. I strongly recommend his essays, including this one from 2011:

“We aren’t going to deport them all, and no Congress or President will do that, nor could even if it were thought desirable. The United States is not going to erect detention camps nor will we herd people into boxcars.  We can’t even get the southern border closed. Despite President Obama’s mocking speech, we have not built the security fence mandated a long time ago. We probably could get Congress to approve a moat and alligators, although there are likely more effective means. We can and should insist on closing the borders. That we can and must do. It won’t be easy or simple, but it’s going to be a lot easier than deporting 20 million illegals. Get the borders closed. We can all agree on that.

“That leaves the problem of the illegal aliens amongst us. We can and should do more to enforce employment laws; but do we really want police coming around to demand “your papers” from our gardeners and fry cooks and homemakers?”

This is not a trivial point. I advocate for the necessity of identifying illegal aliens and would prefer that the process begin in the country of origin. However, in practical terms, how would the “Maria” Dr. Pournelle describes, who was brought here as a child, “begin the process?”

Defense and security requires that we secure the border and that we identify as many who are here illegally as possible. A first step would be to better track people who enter on Visas: what are all those computers at border entry spots for?? We should also cease the fiction that our schools don’t know which families with children are undocumented. We should hold employers accountable, but be very careful about instituting new government papers and government computer lists of eligible workers.

We must determine common ground for the sake of success. As pointed out four years ago by Dr. Pournelle,  errors will be used against us, with the hard cases like “Maria” will be splashed across media and social networks. Without common ground, and with emotional demands to “deport them all,” we’ll still be debating this four years from now. And our citizens – and the illegal aliens – will remain at risk from the violent and criminal, if not from the terrorist.

Don’t believe the lies!

And stop “sharing” them!

Remember who the real opponents are: the Dems!

No matter how juicy the gossip, consider waiting a few hours for the rest of the story to come out.

(BTW, this is a test of my mobile app.)

Posted from WordPress for Android. Typos will be corrected!

Focus on National Security As A Whole

Governor Rick Perry has been talking National security of – and within – our borders since before September 11, 2001. The big difference between Rick Perry and some of the other Presidential candidates is that he sees the big picture – and has for years.
By raising concerns about the safety of nuclear waste sites in August, 2001, Governor Perry acknowledged that National security isn’t only about control of the Nation’s entry points and protection against illegal entry. It also includes tracking those here on visas and securing vital services and infrastructure from sabotage and terrorism.
The Border Patrol should be allowed to turn back those who enter illegally and Immigration and Customs Enforcement should be able and allowed to identify, locate and deport those who over-stay their visas,as well as the people who manage to evade the security at the border.
But just as important to “Homeland Security,” the States and Federal government should cooperate and coordinate to make sure that our transportation, energy, water and public health are safe from those who would harm us.
If the Nation’s entry point and Immigration procedures functioned as they should and our infrastructure were hardened to protect against terrorism, it’s unlikely that 9/11 would have happened at all.
We also wouldn’t see the debate turned into accusations of “racism” by the Left and the attempt by so many to paint all of the GOP as xenophobes looking for scapegoats. The numbers of the actual illegal aliens and their costs, as well as the crimes from drug smuggling and criminal illegal aliens, would not be the expensive problem that it is. We certainly wouldn’t have the burden of “anchor babies” that is causing so much controversy this week.
Instead of focusing on Nations of origin and other groups, true National security should be the focus of everyone who understands the Constitution and the role of the Federal Government.

Independence or slavery: Does the government own you?

Declaration photoLet’s face it: if the government can tell you that you cannot refuse to act, the government owns you.

Liberty is not simply the freedom to act, it’s the more fundamental freedom not to act. Remember the proverb that “The right to swing your fist ends at the tip of my nose?” True liberty includes the right *not* to make a fist at all. To force the hand of a person against his will other than to defend the higher-priority right to life is to enslave him.

The same sex marriage ruling and protected status for “sexual orientation” is the latest socialist infringement on the inalienable right to liberty. In the name of “equality,” “fairness” and even “liberty,” they attempt to give government the ownership of all property and the means to earn it.

In particular, they demand that people of conscience either deny their faith or get out of government and public activities, including business and earning a living. (For real life examples, read the earliest few comments, here.  Or here.)

People who want what they want, when they want it, and from whom they want it seem to have no problem forcing other citizens to act against their will. In order to devalue the right of conscience and religion they deny the rights in the First Amendment of the Constitution – or the very existence of inalienable rights at all.

The Board of Labor of Oregon just gave us a perfect example just this week. Brad Avakian, the judge in the Sweet Cakes Bakery case, has slapped the couple with a gag order.  He would deny them free speech as well as the free exercise of their religion.

Gag order sweet cakes

Here’s the justification for that order.

(Thanks to Kelsey Harkness!)

The Supreme Court of the United States, States and local governments cannot create a world of gumdrops and lollipops, where everyone likes everyone and everything they do. There is no right not to be inconvenienced, much less the right not to be offended. The right to liberty of anyone may not be infringed for the benefit of another person’s pursuit of happiness without significant distress to society and government.

Read the Declaration of Independence to see what happens when governments attempt to do so.

TPA, TPP, TAA, and Tues. (“Fast track,” or “Obamatrade”)

Here’s where we are, according to Red State:

The Senate has already approved the TPA. On Friday, the House voted on it. The TPA portion was actually approved by a tiny majority, however it did not pass because it was tied to another provision: TAA, which failed miserably. In essence, the TAA is a multi-faced welfare program for those allegedly “hurt” by trade deals.

And,

“TPA ensures that only 51 votes are needed in order to pass the TPP. If you don’t think Obama and the Chamber of Commerce can engage in some bi-partisan vote whipping, you are living in fantasy land.”

Corker’s “Iran S.Amdt.1140 to H.R.1191” (text)

“Is not this a lamentable thing, that of the skin of an innocent lamb should be made parchment?” (William Shakespeare, Henry VI, Part 2, just after the more famous, “The first thing we do, let’s kill all the lawyers.)  

The Senate took a House Bill, H.R. 1191, that originally amended ObamaCare  (so that the IRS would know for certain that volunteer firefighters, paramedics, and other emergency personnel aren’t counted as employees) and changed it completely in order give birth to the  “Iran Nuclear Agreement Review Act of 2015.”

It’s appropriate that a bill that originally amended ObamaCare was changed this way, since ObamaCare was passed in the first place by Harry Reid’s Senate amendment to a bill that as originally titled, “Service Members Home Ownership Tax Act of 2009.”

From the Senate record:

SA 1140. Mr. CORKER (for himself and Mr. Cardin) proposed an
amendment to the bill H.R. 1191, to amend the Internal Revenue Code of
1986 to ensure that emergency services volunteers are not taken into
account as employees under the shared responsibility requirements
contained in the Patient Protection and Affordable Care Act; as
follows:

Strike all after the enacting clause and insert the
following:

SECTION 1. SHORT TITLE.

This Act may be cited as the “Iran Nuclear Agreement
Review Act of 2015”.

SEC. 2. CONGRESSIONAL REVIEW AND OVERSIGHT OF AGREEMENTS WITH
IRAN RELATING TO THE NUCLEAR PROGRAM OF IRAN.

The Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) is
amended by inserting after section 134 the following new
section:

“SEC. 135. CONGRESSIONAL REVIEW AND OVERSIGHT OF AGREEMENTS
WITH IRAN.

“(a) Transmission to Congress of Nuclear Agreements With
Iran and Verification Assessment With Respect to Such
Agreements.–
“(1) Transmission of agreements.–Not later than 5
calendar days after reaching an agreement with Iran relating
to the nuclear program of Iran, the President shall transmit
to the appropriate congressional committees and leadership–
“(A) the agreement, as defined in subsection (h)(1),
including all related materials and annexes;
“(B) a verification assessment report of the Secretary of
State prepared under paragraph (2) with respect to the
agreement; and
“(C) a certification that–
“(i) the agreement includes the appropriate terms,
conditions, and duration of the agreement’s requirements with
respect to Iran’s nuclear activities and provisions
describing any sanctions to be waived, suspended, or
otherwise reduced by the United States, and any other nation
or entity, including the United Nations; and
“(ii) the President determines the agreement meets United
States non-proliferation objectives, does not jeopardize the
common defense and security, provides an adequate framework
to ensure that Iran’s nuclear activities permitted thereunder
will not be inimical to or constitute an unreasonable risk to
the common defense and security, and ensures that Iran’s
nuclear activities permitted thereunder will not be used to
further any nuclear-related military or nuclear explosive
purpose, including for any research on or development of any
nuclear explosive device or any other nuclear-related
military purpose.
“(2) Verification assessment report.–
“(A) In general.–The Secretary of State shall prepare,
with respect to an agreement described in paragraph (1), a
report assessing–
“(i) the extent to which the Secretary will be able to
verify that Iran is complying with its obligations and
commitments under the agreement;
“(ii) the adequacy of the safeguards and other control
mechanisms and other assurances contained in the agreement
with respect to Iran’s nuclear program to ensure Iran’s
activities permitted thereunder will not be used to further
any nuclear-related military or nuclear explosive purpose,
including for any research on or development of any nuclear
explosive device or any other nuclear-related military
purpose; and
“(iii) the capacity and capability of the International
Atomic Energy Agency to effectively implement the
verification regime required by or related to the agreement,
including whether the International Atomic Energy Agency will
have sufficient access to investigate suspicious sites or
allegations of covert nuclear-related activities and whether
it has the required funding, manpower, and authority to
undertake the verification regime required by or related to
the agreement.
“(B) Assumptions.–In preparing a report under
subparagraph (A) with respect to an agreement described in
paragraph (1), the Secretary shall assume that Iran could–
“(i) use all measures not expressly prohibited by the
agreement to conceal activities that violate its obligations
and commitments under the agreement; and
“(ii) alter or deviate from standard practices in order to
impede efforts to verify that Iran is complying with those
obligations and commitments.
“(C) Classified annex.–A report under subparagraph (A)
shall be transmitted in unclassified form, but shall include
a classified annex prepared in consultation with the Director
of National Intelligence, summarizing relevant classified
information.
“(3) Exception.–
“(A) In general.–Neither the requirements of
subparagraphs (B) and (C) of paragraph (1), nor subsections
(b) through (g) of this section, shall apply to an agreement
described in subsection (h)(5) or to the EU-Iran Joint
Statement made on April 2, 2015.
“(B) Additional requirement.–Notwithstanding subparagraph
(A), any agreement as defined in subsection (h)(1) and any
related materials, whether concluded before or after the date
of the enactment of this section, shall not be subject to the
exception in subparagraph (A).
“(b) Period for Review by Congress of Nuclear Agreements
With Iran.–
“(1) In general.–During the 30-calendar day period
following transmittal by the President of an agreement
pursuant to subsection (a), the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs
of the House of Representatives shall, as appropriate, hold
hearings and briefings and otherwise obtain information in
order to fully review such agreement.
“(2) Exception.–The period for congressional review under
paragraph (1) shall be 60 calendar days if an agreement,
including all materials required to be transmitted to
Congress pursuant to subsection (a)(1), is transmitted
pursuant to subsection (a) between July 10, 2015, and
September 7, 2015.
“(3) Limitation on actions during initial congressional
review period.–Notwithstanding any other provision of law,
except as provided in paragraph (6), prior to and during the
period for transmission of an agreement in subsection (a)(1)
and during the period for congressional review provided in
paragraph (1), including any additional period as applicable
under the exception provided in paragraph (2), the President
may not waive, suspend, reduce, provide relief from, or
otherwise limit the application of statutory sanctions with
respect to Iran under any provision of law or refrain from
applying any such sanctions pursuant to an agreement
described in subsection (a).
“(4) Limitation on actions during presidential
consideration of a joint resolution of disapproval.–
Notwithstanding any other provision of law, except as
provided in paragraph (6), if a joint resolution of
disapproval described in subsection (c)(2)(B) passes the
Congress, the President may not waive, suspend, reduce,
provide relief from, or otherwise limit the application of
statutory sanctions with respect to Iran under any provision
of law or refrain from applying any such sanctions pursuant
to an agreement described in subsection (a) for a period of
12 calendar days following the date of passage of the joint
resolution of disapproval.
“(5) Limitation on actions during congressional
reconsideration of a joint resolution of disapproval.–
Notwithstanding any other provision of law, except as
provided in paragraph (6), if a joint resolution of
disapproval described in subsection (c)(2)(B) passes the
Congress, and the President vetoes such joint resolution, the
President may not waive, suspend, reduce, provide relief
from, or otherwise limit the application of statutory
sanctions with respect to Iran under any provision of law or
refrain from applying any such sanctions pursuant to an
agreement described in subsection (a) for a period of 10
calendar days following the date of the President’s veto.
“(6) Exception.–The prohibitions under paragraphs (3)
through (5) do not apply to any new deferral, waiver, or
other suspension of statutory sanctions pursuant to the Joint
Plan of Action if that deferral, waiver, or other suspension
is made–
“(A) consistent with the law in effect on the date of the
enactment of the Iran Nuclear Agreement Review Act of 2015;
and
“(B) not later than 45 calendar days before the
transmission by the President of an agreement, assessment
report, and certification under subsection (a).
“(c) Effect of Congressional Action With Respect to
Nuclear Agreements With Iran.–
“(1) Sense of congress.–It is the sense of Congress
that–
“(A) the sanctions regime imposed on Iran by Congress is
primarily responsible for bringing Iran to the table to
negotiate on its nuclear program;
“(B) these negotiations are a critically important matter
of national security and foreign policy for the United States
and its closest allies;
“(C) this section does not require a vote by Congress for
the agreement to commence;
“(D) this section provides for congressional review,
including, as appropriate, for approval, disapproval, or no
action on statutory sanctions relief under an agreement; and
“(E) even though the agreement may commence, because the
sanctions regime was imposed by Congress and only Congress
can permanently modify or eliminate that regime, it is
critically important that Congress have the opportunity, in
an orderly and deliberative manner, to consider and, as
appropriate, take action affecting the statutory sanctions
regime imposed by Congress.
“(2) In general.–Notwithstanding any other provision of
law, action involving any measure of statutory sanctions
relief by the United States pursuant to an agreement subject
to subsection (a) or the Joint Plan of Action–
“(A) may be taken, consistent with existing statutory
requirements for such action, if, during the period for
review provided in subsection (b), the Congress adopts, and
there is enacted, a joint resolution stating in substance
that the Congress does favor the agreement;
“(B) may not be taken if, during the period for review
provided in subsection (b), the Congress adopts, and there is
enacted, a joint

[[Page S2410]]

resolution stating in substance that the Congress does not
favor the agreement; or
“(C) may be taken, consistent with existing statutory
requirements for such action, if, following the period for
review provided in subsection (b), there is not enacted any
such joint resolution.
“(3) Definition.–For the purposes of this subsection, the
phrase `action involving any measure of statutory sanctions
relief by the United States’ shall include waiver,
suspension, reduction, or other effort to provide relief
from, or otherwise limit the application of statutory
sanctions with respect to, Iran under any provision of law or
any other effort to refrain from applying any such sanctions.
“(d) Congressional Oversight of Iranian Compliance With
Nuclear Agreements.–
“(1) In general.–The President shall keep the appropriate
congressional committees and leadership fully and currently
informed of all aspects of Iranian compliance with respect to
an agreement subject to subsection (a).
“(2) Potentially significant breaches and compliance
incidents.–The President shall, within 10 calendar days of
receiving credible and accurate information relating to a
potentially significant breach or compliance incident by Iran
with respect to an agreement subject to subsection (a),
submit such information to the appropriate congressional
committees and leadership.
“(3) Material breach report.–Not later than 30 calendar
days after submitting information about a potentially
significant breach or compliance incident pursuant to
paragraph (2), the President shall make a determination
whether such potentially significant breach or compliance
issue constitutes a material breach and, if there is such a
material breach, whether Iran has cured such material breach,
and shall submit to the appropriate congressional committees
and leadership such determination, accompanied by, as
appropriate, a report on the action or failure to act by Iran
that led to the material breach, actions necessary for Iran
to cure the breach, and the status of Iran’s efforts to cure
the breach.
“(4) Semi-annual report.–Not later than 180 calendar days
after entering into an agreement described in subsection (a),
and not less frequently than once every 180 calendar days
thereafter, the President shall submit to the appropriate
congressional committees and leadership a report on Iran’s
nuclear program and the compliance of Iran with the agreement
during the period covered by the report, including the
following elements:
“(A) Any action or failure to act by Iran that breached
the agreement or is in noncompliance with the terms of the
agreement.
“(B) Any delay by Iran of more than one week in providing
inspectors access to facilities, people, and documents in
Iran as required by the agreement.
“(C) Any progress made by Iran to resolve concerns by the
International Atomic Energy Agency about possible military
dimensions of Iran’s nuclear program.
“(D) Any procurement by Iran of materials in violation of
the agreement or which could otherwise significantly advance
Iran’s ability to obtain a nuclear weapon.
“(E) Any centrifuge research and development conducted by
Iran that–
“(i) is not in compliance with the agreement; or
“(ii) may substantially enhance the breakout time of
acquisition of a nuclear weapon by Iran, if deployed.
“(F) Any diversion by Iran of uranium, carbon-fiber, or
other materials for use in Iran’s nuclear program in
violation of the agreement.
“(G) Any covert nuclear activities undertaken by Iran,
including any covert nuclear weapons-related or covert
fissile material activities or research and development.
“(H) An assessment of whether any Iranian financial
institutions are engaged in money laundering or terrorist
finance activities, including names of specific financial
institutions if applicable.
“(I) Iran’s advances in its ballistic missile program,
including developments related to its long-range and inter-
continental ballistic missile programs.
“(J) An assessment of–
“(i) whether Iran directly supported, financed, planned,
or carried out an act of terrorism against the United States
or a United States person anywhere in the world;
“(ii) whether, and the extent to which, Iran supported
acts of terrorism, including acts of terrorism against the
United States or a United States person anywhere in the
world;
“(iii) all actions, including in international fora, being
taken by the United States to stop, counter, and condemn acts
by Iran to directly or indirectly carry out acts of terrorism
against the United States and United States persons;
“(iv) the impact on the national security of the United
States and the safety of United States citizens as a result
of any Iranian actions reported under this paragraph; and
“(v) all of the sanctions relief provided to Iran,
pursuant to the agreement, and a description of the
relationship between each sanction waived, suspended, or
deferred and Iran’s nuclear weapon’s program.
“(K) An assessment of whether violations of
internationally recognized human rights in Iran have changed,
increased, or decreased, as compared to the prior 180-day
period.
“(5) Additional reports and information.–
“(A) Agency reports.–Following submission of an agreement
pursuant to subsection (a) to the appropriate congressional
committees and leadership, the Department of State, the
Department of Energy, and the Department of Defense shall,
upon the request of any of those committees or leadership,
promptly furnish to those committees or leadership their
views as to whether the safeguards and other controls
contained in the agreement with respect to Iran’s nuclear
program provide an adequate framework to ensure that Iran’s
activities permitted thereunder will not be inimical to or
constitute an unreasonable risk to the common defense and
security.
“(B) Provision of information on nuclear initiatives with
iran.–The President shall keep the appropriate congressional
committees and leadership fully and currently informed of any
initiative or negotiations with Iran relating to Iran’s
nuclear program, including any new or amended agreement.
“(6) Compliance certification.–After the review period
provided in subsection (b), the President shall, not less
than every 90 calendar days–
“(A) determine whether the President is able to certify
that–
“(i) Iran is transparently, verifiably, and fully
implementing the agreement, including all related technical
or additional agreements;
“(ii) Iran has not committed a material breach with
respect to the agreement or, if Iran has committed a material
breach, Iran has cured the material breach;
“(iii) Iran has not taken any action, including covert
action, that could significantly advance its nuclear weapons
program; and
“(iv) suspension of sanctions related to Iran pursuant to
the agreement is–

“(I) appropriate and proportionate to the specific and
verifiable measures taken by Iran with respect to terminating
its illicit nuclear program; and
“(II) vital to the national security interests of the
United States; and

“(B) if the President determines he is able to make the
certification described in subparagraph (A), make such
certification to the appropriate congressional committees and
leadership.
“(7) Sense of congress.–It is the sense of Congress
that–
“(A) United States sanctions on Iran for terrorism, human
rights abuses, and ballistic missiles will remain in place
under an agreement, as defined in subsection (h)(1);
“(B) issues not addressed by an agreement on the nuclear
program of Iran, including fair and appropriate compensation
for Americans who were terrorized and subjected to torture
while held in captivity for 444 days after the seizure of the
United States Embassy in Tehran, Iran, in 1979 and their
families, the freedom of Americans held in Iran, the human
rights abuses of the Government of Iran against its own
people, and the continued support of terrorism worldwide by
the Government of Iran, are matters critical to ensure
justice and the national security of the United States, and
should be expeditiously addressed;
“(C) the President should determine the agreement in no
way compromises the commitment of the United States to
Israel’s security, nor its support for Israel’s right to
exist; and
“(D) in order to responsibly implement any long-term
agreement reached between the P5+1 countries and Iran, it is
critically important that Congress have the opportunity to
review any agreement and, as necessary, take action to modify
the statutory sanctions regime imposed by Congress.
“(e) Expedited Consideration of Legislation.–
“(1) In general.–In the event the President does not
submit a certification pursuant to subsection (d)(6) or has
determined pursuant to subsection (d)(3) that Iran has
materially breached an agreement subject to subsection (a)
and the material breach has not been cured, Congress may
initiate within 60 calendar days expedited consideration of
qualifying legislation pursuant to this subsection.
“(2) Qualifying legislation defined.–For purposes of this
subsection, the term `qualifying legislation’ means only a
bill of either House of Congress–
“(A) the title of which is as follows: `A bill reinstating
statutory sanctions imposed with respect to Iran.’; and
“(B) the matter after the enacting clause of which is:
`Any statutory sanctions imposed with respect to Iran
pursuant to ______ that were waived, suspended, reduced, or
otherwise relieved pursuant to an agreement submitted
pursuant to section 135(a) of the Atomic Energy Act of 1954
are hereby reinstated and any action by the United States
Government to facilitate the release of funds or assets to
Iran pursuant to such agreement, or provide any further
waiver, suspension, reduction, or other relief pursuant to
such agreement is hereby prohibited.’, with the blank space
being filled in with the law or laws under which sanctions
are to be reinstated.
“(3) Introduction.–During the 60-calendar day period
provided for in paragraph (1), qualifying legislation may be
introduced–
“(A) in the House of Representatives, by the majority
leader or the minority leader; and

[[Page S2411]]

“(B) in the Senate, by the majority leader (or the
majority leader’s designee) or the minority leader (or the
minority leader’s designee).
“(4) Floor consideration in house of representatives.–
“(A) Reporting and discharge.–If a committee of the House
to which qualifying legislation has been referred has not
reported such qualifying legislation within 10 legislative
days after the date of referral, that committee shall be
discharged from further consideration thereof.
“(B) Proceeding to consideration.–Beginning on the third
legislative day after each committee to which qualifying
legislation has been referred reports it to the House or has
been discharged from further consideration thereof, it shall
be in order to move to proceed to consider the qualifying
legislation in the House. All points of order against the
motion are waived. Such a motion shall not be in order after
the House has disposed of a motion to proceed on the
qualifying legislation with regard to the same agreement. The
previous question shall be considered as ordered on the
motion to its adoption without intervening motion. The motion
shall not be debatable. A motion to reconsider the vote by
which the motion is disposed of shall not be in order.
“(C) Consideration.–The qualifying legislation shall be
considered as read. All points of order against the
qualifying legislation and against its consideration are
waived. The previous question shall be considered as ordered
on the qualifying legislation to final passage without
intervening motion except two hours of debate equally divided
and controlled by the sponsor of the qualifying legislation
(or a designee) and an opponent. A motion to reconsider the
vote on passage of the qualifying legislation shall not be in
order.
“(5) Consideration in the senate.–
“(A) Committee referral.–Qualifying legislation
introduced in the Senate shall be referred to the Committee
on Foreign Relations.
“(B) Reporting and discharge.–If the Committee on Foreign
Relations has not reported such qualifying legislation within
10 session days after the date of referral of such
legislation, that committee shall be discharged from further
consideration of such legislation and the qualifying
legislation shall be placed on the appropriate calendar.
“(C) Proceeding to consideration.–Notwithstanding Rule
XXII of the Standing Rules of the Senate, it is in order at
any time after the committee authorized to consider
qualifying legislation reports it to the Senate or has been
discharged from its consideration (even though a previous
motion to the same effect has been disagreed to) to move to
proceed to the consideration of qualifying legislation, and
all points of order against qualifying legislation (and
against consideration of the qualifying legislation) are
waived. The motion to proceed is not debatable. The motion is
not subject to a motion to postpone. A motion to reconsider
the vote by which the motion is agreed to or disagreed to
shall not be in order. If a motion to proceed to the
consideration of the qualifying legislation is agreed to, the
qualifying legislation shall remain the unfinished business
until disposed of.
“(D) Debate.–Debate on qualifying legislation, and on all
debatable motions and appeals in connection therewith, shall
be limited to not more than 10 hours, which shall be divided
equally between the majority and minority leaders or their
designees. A motion to further limit debate is in order and
not debatable. An amendment to, or a motion to postpone, or a
motion to proceed to the consideration of other business, or
a motion to recommit the qualifying legislation is not in
order.
“(E) Vote on passage.–The vote on passage shall occur
immediately following the conclusion of the debate on the
qualifying legislation and a single quorum call at the
conclusion of the debate, if requested in accordance with the
rules of the Senate.
“(F) Rulings of the chair on procedure.–Appeals from the
decisions of the Chair relating to the application of the
rules of the Senate, as the case may be, to the procedure
relating to qualifying legislation shall be decided without
debate.
“(G) Consideration of veto messages.–Debate in the Senate
of any veto message with respect to qualifying legislation,
including all debatable motions and appeals in connection
with such qualifying legislation, shall be limited to 10
hours, to be equally divided between, and controlled by, the
majority leader and the minority leader or their designees.
“(6) Rules relating to senate and house of
representatives.–
“(A) Coordination with action by other house.–If, before
the passage by one House of qualifying legislation of that
House, that House receives qualifying legislation from the
other House, then the following procedures shall apply:
“(i) The qualifying legislation of the other House shall
not be referred to a committee.
“(ii) With respect to qualifying legislation of the House
receiving the legislation–

“(I) the procedure in that House shall be the same as if
no qualifying legislation had been received from the other
House; but
“(II) the vote on passage shall be on the qualifying
legislation of the other House.

“(B) Treatment of a bill of other house.–If one House
fails to introduce qualifying legislation under this section,
the qualifying legislation of the other House shall be
entitled to expedited floor procedures under this section.
“(C) Treatment of companion measures.–If, following
passage of the qualifying legislation in the Senate, the
Senate then receives a companion measure from the House of
Representatives, the companion measure shall not be
debatable.
“(D) Application to revenue measures.–The provisions of
this paragraph shall not apply in the House of
Representatives to qualifying legislation which is a revenue
measure.
“(f) Rules of House of Representatives and Senate.–
Subsection (e) is enacted by Congress–
“(1) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such
are deemed a part of the rules of each House, respectively,
but applicable only with respect to the procedure to be
followed in that House in the case of legislation described
in those sections, and supersede other rules only to the
extent that they are inconsistent with such rules; and
“(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
“(g) Rules of Construction.–Nothing in the section shall
be construed as–
“(1) modifying, or having any other impact on, the
President’s authority to negotiate, enter into, or implement
appropriate executive agreements, other than the restrictions
on implementation of the agreements specifically covered by
this section;
“(2) allowing any new waiver, suspension, reduction, or
other relief from statutory sanctions with respect to Iran
under any provision of law, or allowing the President to
refrain from applying any such sanctions pursuant to an
agreement described in subsection (a) during the period for
review provided in subsection (b);
“(3) revoking or terminating any statutory sanctions
imposed on Iran; or
“(4) authorizing the use of military force against Iran.
“(h) Definitions.–In this section:
“(1) Agreement.–The term `agreement’ means an agreement
related to the nuclear program of Iran that includes the
United States, commits the United States to take action, or
pursuant to which the United States commits or otherwise
agrees to take action, regardless of the form it takes,
whether a political commitment or otherwise, and regardless
of whether it is legally binding or not, including any joint
comprehensive plan of action entered into or made between
Iran and any other parties, and any additional materials
related thereto, including annexes, appendices, codicils,
side agreements, implementing materials, documents, and
guidance, technical or other understandings, and any related
agreements, whether entered into or implemented prior to the
agreement or to be entered into or implemented in the future.
“(2) Appropriate congressional committees.–The term
`appropriate congressional committees’ means the Committee on
Finance, the Committee on Banking, Housing, and Urban
Affairs, the Select Committee on Intelligence, and the
Committee on Foreign Relations of the Senate and the
Committee on Ways and Means, the Committee on Financial
Services, the Permanent Select Committee on Intelligence, and
the Committee on Foreign Affairs of the House of
Representatives.
“(3) Appropriate congressional committees and
leadership.–The term `appropriate congressional committees
and leadership’ means the Committee on Finance, the Committee
on Banking, Housing, and Urban Affairs, the Select Committee
on Intelligence, and the Committee on Foreign Relations, and
the Majority and Minority Leaders of the Senate and the
Committee on Ways and Means, the Committee on Financial
Services, the Permanent Select Committee on Intelligence, and
the Committee on Foreign Affairs, and the Speaker, Majority
Leader, and Minority Leader of the House of Representatives.
“(4) Iranian financial institution.–The term `Iranian
financial institution’ has the meaning given the term in
section 104A(d) of the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010 (22 U.S.C.
8513b(d)).
“(5) Joint plan of action.–The term `Joint Plan of
Action’ means the Joint Plan of Action, signed at Geneva
November 24, 2013, by Iran and by France, Germany, the
Russian Federation, the People’s Republic of China, the
United Kingdom, and the United States, and all implementing
materials and agreements related to the Joint Plan of Action,
including the technical understandings reached on January 12,
2014, the extension thereto agreed to on July 18, 2014, the
extension agreed to on November 24, 2014, and any materially
identical extension that is agreed to on or after the date of
the enactment of the Iran Nuclear Agreement Review Act of
2015.
“(6) EU-iran joint statement.–The term `EU-Iran Joint
Statement’ means only the Joint Statement by EU High
Representative Federica Mogherini and Iranian Foreign
Minister Javad Zarif made on April 2, 2015, at Lausanne,
Switzerland.
“(7) Material breach.–The term `material breach’ means,
with respect to an agreement described in subsection (a), any
breach

[[Page S2412]]

of the agreement, or in the case of non-binding commitments,
any failure to perform those commitments, that
substantially–
“(A) benefits Iran’s nuclear program;
“(B) decreases the amount of time required by Iran to
achieve a nuclear weapon; or
“(C) deviates from or undermines the purposes of such
agreement.
“(8) Noncompliance defined.–The term `noncompliance’
means any departure from the terms of an agreement described
in subsection (a) that is not a material breach.
“(9) P5+1 countries.–The term `P5+1 countries’ means the
United States, France, the Russian Federation, the People’s
Republic of China, the United Kingdom, and Germany.
“(10) United states person.–The term `United States
person’ has the meaning given that term in section 101 of the
Comprehensive Iran Sanctions, Accountability, and Divestment
Act of 2010 (22 U.S.C. 8511).”.
______

via S.Amdt.1140 to H.R.1191 – 114th Congress (2015-2016) – Amendment Text | Congress.gov | Library of Congress.

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