Playing Doctor with Americans’ Lives

3Doctors400Republicans, in both the House and the Senate, are currently colluding to gut Healthcare Reform and deny actual healthcare to millions of women across our nation using a process called Reconciliation.  Reconciliation is an expedited budgetary process that offers some procedural advantages: it needs only the support of a simple majority in the Senate, and cannot be filibustered. The bill they intend pass via reconciliation is HR3762, inappropriately named, “Restoring Americans’ Healthcare Freedom Reconciliation Act” … it should be named “Butchering All Hope of Being Able to Afford Effective Healthcare Act.”

This reconciliation bill includes language to repeal key parts of Obamacare: the individual mandate, the employer mandate, the medical device tax and the ‘Cadillac tax.’ There are press posts saying that it will also end the Independent Payment Advisory Board (IPAB), but I can’t find such a provision in the bill.In addition, it would defund Planned Parenthood for one year

Defunding Planned Parenthood for a Year—

Here’s the section which specifically codifies the vilification of Planned Parenthood as a “Prohibited Entity” that just happens to provide “essential” healthcare for millions of women across our nation:

SEC. 202. FEDERAL PAYMENT TO STATES.
(a) In General.—Notwithstanding section 504(a), 1902(a)(23), 2002, 2005(a)(4), 2102(a)(7), or 2105(a)(1) of the Social Security Act (42 U.S.C. 704(a), 1396b(a)(23), 1397a, 1397d(a)(4), 1397bb(a)(2), 1397ee(a)(1)), or the terms of any Medicaid waiver in effect on the date of enactment of this Act that is approved under section 1115 or 1915 of the Social Security Act (42 U.S.C. 1315, 1396n), for the 1-year period beginning on the date of the enactment of this Act no Federal funds may be made available to a State for payments to a prohibited entity, whether made directly to the prohibited entity or through a managed care organization under contract with the State.

(b) Definition Of Prohibited Entity.—In this section, the term “prohibited entity” means an entity, including its affiliates, subsidiaries, successors, and clinics—

(1) that, as of the date of enactment of this Act—

(A) is an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code;

(B) is an essential community provider described in section 156.235 of title 45, Code of Federal Regulations, that is primarily engaged in family planning services, reproductive health, and related medical care; and

(C) provides for abortions, other than an abortion—

(i) if the pregnancy is the result of an act of rape or incest; or

(ii) in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself; and

(2) for which the total amount of Federal and State expenditures under the Medicaid program under title XIX of the Social Security Act in fiscal year 2014 made directly to the entity and to any affiliates, subsidiaries, successors, or clinics of the entity, or made to the entity and to any affiliates, subsidiaries, successors, or clinics of the entity as part of a nationwide health care provider network, exceeded $350,000,000.

[Emphasis mine]

Please note that the provisions to completely eliminate any funds for Planned Parenthood were proposed and recommended by the Ways and Means Committee currently led by Rep. Paul Ryan, that same Paul Ryan who will is expected to be elected as Speaker of the House next Wednesday — that is, unless the right wing extremists of the Republican Freedom Caucus renege and cast their votes for their beloved Rep. Daniel Webster instead.

Repealing the Individual and Employer Mandates —

Repealing individual mandate provisions are likely to increase, rather than decrease, the number of U.S. residents without health coverage, thus eliminating the progress that has been made in holding people responsible for their healthcare.  If the CBO forecasts are correct, the H.R. 3762 mandate repeal provisions could increase the number of uninsured U.S. residents by 55 percent to 65 percent. But, that’s okay with Republicans because for each person who doesn’t buy health insurance, the government doesn’t have to shell out $760-$815.  But they took it one step further.  To help their corporate benefactors, they also plan on repealing the mandates on employers to provide medical coverage.  Thus, ordinary Americans seeking to access affordable healthcare coverage for themselves and their families are going to rapidly find themselves up the proverbial creak, with no paddle, a leaky boat and no pail with which to bail out their boat.

The house voted on passage of HR3762 on Friday.  The vote was 240-189 with 5 Democrats not voting.  One Democrat (Peterson) voted for passage and ALL THREE of Nevada’s Congressional Republicans voted ‘AYE’ for passage! The bill is now off to the Senate, where it can be considered without a 60-vote cloture requirement (assuming the package passes muster with the Senate “Byrd Rule.”).

The Byrd Rule is a Senate rule that amends the Congressional Budget Act of 1974 to allow Senators, during the Reconciliation Process, to block a piece of legislation if it purports significantly to increase the federal deficit beyond a ten-year term or is otherwise an “extraneous matter” as set forth in the Budget Act.  It is named after West Virginia Senator Robert Byrd.

The Congressional Budget Office (CBO) assessed the effects of HR3762 on long-term deficits and direct spending as follows:

  • Including macroeconomic feedback, CBO and JCT estimate that enacting the legislation would increase net direct spending as well as on-budget deficits by more than $5 billion in one or more of the four consecutive 10-year periods beginning in 2026.
  • Excluding macroeconomic feedback, CBO and JCT estimate that enacting the legislation would not increase net direct spending by more than $5 billion in either of the first two consecutive 10-year periods beginning in 2026; however, the agencies are not able to determine whether enacting the legislation would increase net direct spending by more than $5 billion in the third or fourth 10-year period.
  • Excluding macroeconomic feedback, CBO and JCT estimate that enacting the legislation would increase on-budget deficits by more than $5 billion in one or more of the four consecutive 10-year periods beginning in 2026.

And because enacting the legislation would affect direct spending and revenues, ‘pay-as-you-go procedures‘ apply.

The President is then expected to veto, setting up the need for a veto-override vote in Congress.  In a statement promising Obama’s veto, the White House said the GOP measure “would take away critical benefits and health care coverage from hard-working middle-class families.”

However, a conservative revolt could derail the bill’s progress, as some conservative groups are opposing because the bill leaves some parts of ObamaCare intact


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You Don’t Matter—GOP House Votes for Monsanto’s Right to Deceive

DARK-ActToday, 275 members of the U.S. House of Representatives voted in favor of H.R. 1599, the DARK (Deny Americans the Right to Know) Act. By voting for the DARK Act, these politicians (including  all of Nevada’s GOP Representatives—Amodei, Hardy and Heck) voted AGAINST truth and transparency, AGAINST science, AGAINST your right to know, and AGAINST the more than century-old right of states to legislate on matters relating to food safety and labeling. If this bill passes the Senate and is signed into law, it will nullify laws in states like Maine, Connecticut and Vermont where currently, GMO products are required to be labeled as such.

They voted against the 90-percent of Americans who are in favor of mandatory labeling of GMOs. They voted against the producers of non-GMO foods. The voted against States’ Rights.  They voted against you.

Whatever your views on GMOs, there is no Constitutional justification for the federal government to preempt state laws in this area. There certainly is no justification for Congress to preempt private sector efforts to meet consumer demands for non-GMO foods, while allowing those who support the use of GMOs to do so.

H.R. 1599 was sold to Congress via multi-million dollar public relations and lobbying campaigns built on lies and deception. Rumored to have been written by Monsanto themselves, the bill’s sole purpose is to support one industry—Monsanto’s poison-peddling industry—that was founded on lies and deception from the get-go. Monsanto—that same corporation who sold Agent Orange to our government as “safe” to use on our nation’s soldiers.

According to the bill’s sponsor, Rep. Mike Pompeo, the DARK Act gives consumers what they want: the means to know whether or not their food contains GMOs: “Consumers can choose to presume that all foods have GMO contents unless they are labeled or otherwise presented as non-GMO.  Meaning that it is knowable and it is known by the public which products have GMO and which don’t.”

Government regulation should NOT be an iffy, maybe they will, maybe the won’t kind of thing.  But, the DARK Act turns regulation upside down.  It would create a VOLUNTARY, government-run non-GMO certification program. Unless every producer of non-GMO products pays to have those products certified as non-GMO, consumers will still have no way of knowing which products contain GMOs, and which don’t. And why should the burden of labeling fall on the producers of non-GMO foods, when the risk factor is associated with those foods that do contain GMOs?

Did our Congress members vote against us because they were fooled by Monsanto’s slick, deceitful packaging of this so-called “Safe and Accurate Food Labeling Act”? Or did they simply vote with their wallets, stuffed full of biotech and junk food industry cash?

We don’t know. Given the Citizens United ruling, we’ll probably never know.  But we better know this: We can’t let this bill get through the U.S. Senate. We need to target Senator Heller and let him know this bill is unacceptable.

16 Legislative Calendar Days left and …

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The 2015 fiscal year ends on September 30, 2015 and we do not yet have a 2016 budget, a transportation bill, nor a resolution to Veterans Administration shortfalls which may shutter a number of VA hospitals.  And if that isn’t enough on their plates to handle when they only plan to actually work 16 days between now and then, they also need to resolve their issues with the Iran Nuclear Deal.  AND … there are no plans to cancel their August recess.


Iran Nuclear Deal

Last week, the United States along with France, Germany, the United Kingdom, Russia, and China signed a deal with Iran to substantially limit Iran’s nuclear program in exchange for the removal of international sanctions.

Under the framework for an Iran nuclear deal Iran's uranium enrichment pathway to a weapon will be shut down

Under the new nuclear deal, “Iran has committed to extraordinary and robust monitoring, verification, and inspection,” according to the White House. “International inspectors from the International Atomic Energy Agency (IAEA) will not only be continuously monitoring every element of Iran’s declared nuclear program, but they will also be verifying that no fissile material is covertly carted off to a secret location to build a bomb. And if IAEA inspectors become aware of a suspicious location, Iran has agreed to implement the Additional Protocol to their IAEA Safeguards Agreement, which will allow inspectors to access and inspect any site they deem suspicious. Such suspicions can be triggered by holes in the ground that could be uranium mines, intelligence reports, unexplained purchases, or isotope alarms.” (Please take the time to read more here.)

Under the framework for an Iran nuclear deal Iran's uranium enrichment pathway to a weapon will be shut down

Congress must now review the deal—and decide whether to pass a resolution to disapprove the agreement. The entire process could take up to 82 days, and during that time, the President cannot lift sanctions on Iran until the review and voting period is over. The law also requires the Administration to provide detailed reports to Congress every 90 days to ensure that Iran is complying with the nuclear agreement.

Here’s how that review process should work, according to legislation passed by Congress and signed by the President in May: The White House delivered the agreement to Congress on Monday—five days after the signing of the Iran deal. Now, Congress has 60 days to review it, or until mid-September. (Keep in mind that Congress will be in recess from August 10 – Sept. 7.)  Congress then has 12 days (by the end of September) to vote on a joint resolution approving or disapproving the deal. Or Congress could opt to do nothing.

If Congress passes a resolution disapproving the deal, the President will most likely veto their disapproval. Congress would then have 10 days to override the veto, which would require a two-thirds majority in both the Senate and House. (If Congress were to override a veto, the President would lose his ability to waive sanctions on Iran, which would cause the current agreement to fall through and destroy our nation’s credibility with our negotiating partners.)

Resolution Disapproving the Deal

Congressman Peter Roskam (R-IL), Chair of the House Republican Israel Caucus introduced legislation expressing the sense of the House of Representatives in disapproval of the agreement between the P5+1 and Iran. The resolution is “intended to build support for an expected vote on a formal joint resolution of disapproval in September.”

RESOLUTION DISAPPROVING THE IRAN NUCLEAR AGREEMENT (HRes 367)
  • Sponsor: Rep. Peter Roskam (R-IL)  Per Rep. Roskam, this resolution “sets the stage for the 60-day lead up to a vote on this agreement by allowing Members to express their disapproval of the accord. The unprecedented outpouring of support for this resolution proves that Congress will not rubber-stamp a deal that severely threatens the United States and our allies by paving Iran’s path to a bomb.” He went on further to state, “This agreement fails on every level to ensure Iran never acquires a nuclear weapons capability. Tehran is allowed to keep much of its nuclear infrastructure intact and rewarded an $150 billion cash infusion from sanctions relief. The so-called ‘anytime, anywhere’ inspections regime in reality provides Iran nearly a month’s notice on inspections. And, in an unprecedented last-minute concession, the U.N. arms embargo and ban on ballistic missiles will be lifted in just a few short years. This is a bad deal, and it must be stopped,” according to the sponsor. (Read resolution text)

Worth Noting:  Two Representatives from Nevada Mark Amodei and Joe Heck have signed on a co-sponsors of this resolution of disapproval.

Federal Budget and Appropriations

The House has been working on appropriations bills for FY 2016. Thus far, they’ve passed Commerce, Justice and Science (HR 2578); Defense (HR 2685); Energy and Water (HR 2028); Legislative (HR 2250); Military and Veterans (HR 2029); and Transportation and HUD (HR 2577) appropriations bills.  But when they got to the Interior and Environment Appropriations Bill (HR 2822) last week, they had to pull it from the floor after a series of amendments were introduced regarding whether the Confederate battle flag should be displayed on public lands. Three amendments, introduced by Democrats, had been passed on July 7th that would block the National Park Service from allowing private groups to decorate graves with Confederate flags specifically in cemeteries in Georgia and Mississippi and would bar the Park Service doing business with gift shops that sell Confederate flag merchandise. Unhappy with those passed amendments, a Republican sponsored amendment was introduced essentially nullifying the passed amendments. To keep from seeing everything degenerate into a total brouhaha over the Confederate Flag, Speaker Boehner pulled the bill from the floor.

Senate Democrats have blocked consideration of appropriations bills until a new budget agreement is negotiated that will mitigate the sequestration budget cuts since 2013. Congress aims to complete the appropriations process by the end of the fiscal year, September 30. If they don’t, then they’ll need to pass a short-term Continuing Resolution to prevent yet another government shutdown.

Meanwhile, the Veterans Administration has put Congress on notice that they have a $2.5B shortfall that if not resolved will force them to start closing some VA hospitals beginning in as early as August.

Highway Trust Fund Extension

Both the Highway Account and the Mass Transit Account of the Highway Trust Fund are nearing insolvency, according to the Department of Transportation.

As Congressional committees met to discuss ways to keep our country’s Highway Trust Fund (HTF) solvent, Secretary Foxx urged them to adopt a long-term transportation bill with increased funding:

“The state of our nation’s infrastructure is not a partisan talking point; it is a problem facing all Americans. So I am encouraged that Members of Congress are asking the tough questions about how we will find solutions together. As I have said many times, we cannot build tomorrow’s transportation system with yesterday’s policy and yesterday’s funding; I look forward to working with both parties to pass a long-term bill that aggressively boosts investment and changes outdated policies so we can build for the future.”

With a shortfall in the Highway Trust Fund approaching, cash management steps are not far away.  Because the HTF supports critical roadwork by State DOTs, these cash management procedures will slow improvements and basic repairs on roads across the U.S.   With the Highway Trust Fund authorization set to expire on July 31, the House did pass an extension through December 18. You’re going to love this.  The claim is that the extension would provide $8 billion in new money – $5 billion from tax compliance measures, and $3 billion in reduced spending.  But true to form, it includes no new revenues, and is partly funded by a two-year extension of fees that would have sunsetted (passenger airport security fees collected by the TSA).

HIGHWAY AND TRANSPORTATION FUNDING ACT, PART II (HR 3038)
  • Sponsor: Rep. Paul Ryan (R-WI)  Extends the authorizations of the federal surface transportation programs as well as the hazardous materials transportation program and the Dingell-Johnson Sport Fish Restoration Act through Dec. 18, 2015. Funds the surface transportation programs at the level authorized for fiscal year 2014. Would transfer $6.068 billion from the General Fund to the HTF’s Highway Account, and would transfer $2 billion from the General Fund to the HTF’s Mass Transit Account. (Read bill summary.) – Passed by the House; now goes to the Senate —

This is the 34th short-term extension in the last six-years—and many in Congress are urging that they work on a comprehensive long-term bill. In past decades, Congress routinely passed six-year surface transportation bills.  To that end,  other bills have been proposed:

  • GROW America Act (Generating Renewal, Opportunity, and Work with Accelerated Mobility, Efficiency, and Rebuilding of Infrastructure and Communities throughout America Act) [HR2410] sponsored by Rep. Peter DeFazio (D-OR).  This is the Administration’s long-term surface transportation reauthorization bill. Provides a total of $478 billion over six years, a 45 percent increase for highways, bridges, public transportation, highway safety, and rail programs.
  • The DRIVE Act (Developing a Reliable and innovative Vision for the Economy Act) [S1647]  sponsored by Sen. Jim Inhofe (R-OK).  It’s a 6-yr surface transportation  reauthorization bill sporting a “new” freight program to prioritize federal spending.

Food Labeling and GMOs

Currently, the US Department of Agriculture has no authority over labeling food for the presence or absence of GMOs (Genetically Modified Organisms). This week, House will be voting on a bill mandates a national standard for labeling laws related to GMOs and that would nullify any state standards that might exceed the national minimum standard established by this bill:

Safe and Accurate Food Labeling Act (HR 1599)
  • Sponsor: Rep. Mike Pompeo (R-KS) In his introduction of the bill, Rep. Pompeo indicated this bill “would establish a federal labeling standard for foods with genetically modified ingredients, giving sole authority to the Food and Drug Administration to require mandatory labeling on such foods if they are ever found to be unsafe or materially different from foods produced without GM ingredients.” He went on to say that “under SAFLA, the FDA will conduct a safety review of all new plant varieties used for genetically engineered food before those foods are introduced into commerce. This will ensure that consumers get scientifically accurate, and relevant information by allowing the FDA to specify special labeling, if it believes it is necessary to protect health and safety. In order to provide even greater transparency, my legislation includes a provision to allow those who wish to label their products as GMO-free to do so through a USDA-accredited certification process.”

NOTE: The bill, purported by some to have been written by Monsanto, prohibits States from enforcing any bills addressing GMOs that exceed the requirements of HR1599 effectively nullifying existing legislation in a number of states (Maine, Connecticut and Vermont, where foods containing GMOs are required to be labeled).  If passed, the FDA would be the sole authority to require GMO labeling.

Coal Ash Regulations

According to the EPA, “coal combustion residuals are byproducts of the combustion of coal at power plants, and includes fly ash, bottom ash, boiler slag, and flue gas desulfurization (FGD) materials. CCR contain contaminants such as mercury, cadmium, and arsenic which are associated with cancer and other serious health effects. When improperly managed, CCR can leak into the groundwater, blow into the air as dust, and be released to surface water and to the land in the event of a catastrophic failure.”

The House has scheduled a vote on HR1734, a bill that would set rules governing the management and disposal of coal ash.

IMPROVING COAL COMBUSTION RESIDUALS REGULATION ACT (HR 1734)
  • Sponsor: Rep. David McKinley (R-WV)   According to the House Majority Leader, this bill will “provide job-creators, and over 300,000 workers, with certainty by putting states in charge of the enforcement to implement the standards set by EPA regarding the safe disposal of coal ash,”  It would authorize States to set up permit programs for coal ash, as well as allow the EPA to offer permits in States that don’t establish their own permit programs.

Really?  (1) Not all States have the funding/expertise/organization to provide for enforcement, and (2) we all know how well that worked in North Carolina when they had a massive coal as spill.  In addition, some Democrats in Congress believe that the bill would undermine tougher coal ash rules the EPA finalized in December 2014, which “establishes the first ever nationally applicable minimum criteria providing for the safe disposal of coal combustion residuals in landfills and surface impoundments.”


That is a seriously overloaded plate and with only 16 legislative days left in this fiscal year, that doesn’t appear to be near enough time for this unproductive Congress to resolve those issues.

Really? Updated College Sexual Assault Prevention Guidelines are Federal Overreach?

by Zach Hudson, NSDP Communications Director

Remember Todd Akin, the GOP Senate candidate in Missouri who talked about “legitimate rape?”  Akin’s comments were ignorant, insensitive, and out-of-touch.  Which is why we were disappointed Nevada Republicans seem to be taking their cues on women’s health from Todd Akin.

Last week, the Republican nominee for Nevada Controller, Ron Knecht, wrote an op-ed where he essentially said new guidelines to prevent sexual assault on college campuses are an example of federal overreach.  He even blamed programs to prevent sexual assault for the increase in college tuition!

Let’s make sure Republicans like this never get elected to office – join Democrat Andrew Martin’s campaign for Controller by clicking here today.

Ron Knecht’s comments were moronic, but unfortunately not surprising.  Whether it’s Sen. Dean Heller’s support for restricting access to contraception, Rep. Joe Heck’s votes to ban abortion for rape victims and to weaken the Violence Against Women Act, or Nevada Republican Senate Leader, and former Tom DeLay operative, Michael Roberson, supporting “personhood” measures which could outlaw forms of birth control, Nevada Republicans time and time again demonstrate they are completely clueless when it comes to women’s health.

Fortunately, Nevadans have a clear choice in the election for State Controller.  While Ron Knecht is focused on criticizing programs to help sexual assault victims, Democratic nominee Andrew Martin will focus on managing the state’s finances.

Click here to join Andrew’s campaign and tell Nevada Republicans when it comes to women’s health decisions, #ItsNotUpToThem.

House Republicans Tell Americans to Drop Dead

— By Andres Ramirez, Protect Your Care

The Supreme Court has ruled that Obamacare is constitutional, but yet again, Republican Congressmen Joe Heck and Mark Amodei refused to move on and told American families in Nevada to drop dead when they voted to take away their health care. Congressman and Medical Doctor Joe Heck, and Congressman Mark Amodei voted to again let insurance companies deny families care because of preexisting conditions. They voted to throw millions of senior citizens back into the prescription drug donut hole. Both Nevada House Republicans voted to kick millions of young adults off their parents insurance.

And just in case that heartless vote wasn’t bad enough, these are the same Congressmen who support the Romney/Ryan budget that ends Medicare while giving huge tax cuts to millionaires, big oil companies and corporate jet owners.