Archive for March, 2017

The Pronk Pops Show 865, March 31, 2017, Story 1: Conservative and Libertarian Talk Radio Could Turn On Trump For Attacking Freedom Caucus and Failure To Completely Repeal Obamacare By Law (Statute) Not Discretion of Secretary of Health and Human Services Dr. Thomas Price — Establishment Republican House Speaker Ryan’s Bad Faith, Bad Process, Bad Bill — Socialized Medicine Obamacare Lite vs. Good Faith, Good Process, Good Bill — Free Enterprise Market Capitalism Competitive Health Insurance Premiums and Deductibles Decreases! — Close The Deal Mr. President — Videos — Story 2: Obama Administration Spied On American Citizens Including Trump and Trump Team — Obama Scandal Far Worse Than Nixon’s Cover-up of Watergate Break-in — Legacy Fading Fast — Grand Jury Should Be Impaneled Now! — Videos

Posted on March 31, 2017. Filed under: American History, Applications, Blogroll, Breaking News, Business, Communications, Computers, Congress, Consitutional Law, Countries, Crime, Culture, Donald J. Trump, Donald Trump, Economics, Education, Empires, Employment, Federal Bureau of Investigation (FBI), Federal Government, Foreign Policy, Fourth Amendment, Freedom of Speech, Government, Government Dependency, Government Spending, Hardware, Health, Health Care, Health Care Insurance, High Crimes, History, House of Representatives, Human, Independence, Insurance, Investments, Language, Law, Life, Media, Medicare, Mike Pence, National Security Agency, News, Nixon, Obama, Philosophy, Photos, Politics, Polls, President Barack Obama, Progressives, Radio, Raymond Thomas Pronk, Regulation, Rule of Law, Scandals, Second Amendment, Security, Senate, Servers, Social Networking, Social Security, Software, Spying, Surveillance and Spying On American People, Terror, Terrorism, Unemployment, United States Constitution, United States of America, Welfare Spending | Tags: , , , , , , , , , , , , , , , , , |

 

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The Pronk Pops Show Podcasts

Pronk Pops Show 865: March 31, 2017

Pronk Pops Show 864: March 30, 2017

Pronk Pops Show 863: March 29, 2017

Pronk Pops Show 862: March 28, 2017

Pronk Pops Show 861: March 27, 2017

Pronk Pops Show 860: March 24, 2017

Pronk Pops Show 859: March 23, 2017

Pronk Pops Show 858: March 22, 2017

Pronk Pops Show 857: March 21, 2017

Pronk Pops Show 856: March 20, 2017

Pronk Pops Show 855: March 10, 2017

Pronk Pops Show 854: March 9, 2017

Pronk Pops Show 853: March 8, 2017

Pronk Pops Show 852: March 6, 2017

Pronk Pops Show 851: March 3, 2017

Pronk Pops Show 850: March 2, 2017

Pronk Pops Show 849: March 1, 2017

Pronk Pops Show 848: February 28, 2017

Pronk Pops Show 847: February 27, 2017

Pronk Pops Show 846: February 24, 2017

Pronk Pops Show 845: February 23, 2017

Pronk Pops Show 844: February 22, 2017

Pronk Pops Show 843: February 21, 2017

Pronk Pops Show 842: February 20, 2017

Pronk Pops Show 841: February 17, 2017

Pronk Pops Show 840: February 16, 2017

Pronk Pops Show 839: February 15, 2017

Pronk Pops Show 838: February 14, 2017

Pronk Pops Show 837: February 13, 2017

Pronk Pops Show 836: February 10, 2017

Pronk Pops Show 835: February 9, 2017

Pronk Pops Show 834: February 8, 2017

Pronk Pops Show 833: February 7, 2017

Pronk Pops Show 832: February 6, 2017

Pronk Pops Show 831: February 3, 2017

Pronk Pops Show 830: February 2, 2017

Pronk Pops Show 829: February 1, 2017

Pronk Pops Show 828: January 31, 2017

Pronk Pops Show 827: January 30, 2017

Pronk Pops Show 826: January 27, 2017

Pronk Pops Show 825: January 26, 2017

Pronk Pops Show 824: January 25, 2017

Pronk Pops Show 823: January 24, 2017

Pronk Pops Show 822: January 23, 2017

Pronk Pops Show 821: January 20, 2017

Pronk Pops Show 820: January 19, 2017

Pronk Pops Show 819: January 18, 2017

Pronk Pops Show 818: January 17, 2017

Pronk Pops Show 817: January 13, 2017

Pronk Pops Show 816: January 12, 2017

Pronk Pops Show 815: January 11, 2017

Pronk Pops Show 814: January 10, 2017

Pronk Pops Show 813: January 9, 2017

Pronk Pops Show 812: December 12, 2016

Pronk Pops Show 811: December 9, 2016

Pronk Pops Show 810: December 8, 2016

Pronk Pops Show 809: December 7, 2016

Pronk Pops Show 808: December 6, 2016

Pronk Pops Show 807: December 5, 2016

Pronk Pops Show 806: December 2, 2016

Pronk Pops Show 805: December 1, 2016

 

Story 1: Conservative and Libertarian Talk Radio Could Turn On Trump For Attacking Freedom Caucus and Failure To Completely Repeal Obamacare By Law (Statute) Not Discretion of Secretary of Health and Human Services Dr. Thomas Price — Establishment Republican House Speaker Ryan’s Bad Faith, Bad Process, Bad Bill — Socialized Medicine Obamacare Lite  vs. Good Faith, Good Process, Good Bill — Free Enterprise Market Capitalism Competitive Health Insurance Premiums and Deductibles Decreases! — Close The Deal Mr. President — Videos —

 

“Effective as of Dec. 31, 2017, the Patient Protection and Affordable Care Act is repealed, and the provisions of law amended or repealed by such Act are restored or revived as if such Act had not been enacted,”

 Image result for trump tweet freedom caususImage result for Trump on freedom caucus ring leaders

Image result for cartoons obama spyied on trump

Image result for obama spied on trump

Limbaugh on Trump’s Shots at Freedom Caucus: These Guys Are Not the Enemy — Dems Are the Enemy

Laura Ingraham: ‘Really Unhelpful’ to Trump’s Agenda for Him to Be Slamming House Freedom Caucus

Hannity 3⁄31⁄17 ¦ HANNITY Fox News March 31, 2017

Laura Ingraham: Trump’s Attacks on Freedom Caucus ‘Ridiculous’

Hannity: Freedom Caucus not to blame for health care failure

Newt Gingrich outlines why GOP health care bill failed

Freedom Caucus Jim Jordan: Ryan’s Legislation Doesn’t Lower Premiums For Americans!

Rep. Mo Brooks Files A Bill To Repeal Obamacare

Published on Mar 27, 2017

On the same day that the House of Representatives canceled its vote on Ryancare, Alabama Rep. Mo Brooks filed a simple one-line bill to repeal Obama’s signature health care law.
The Huntsville Republican titled the bill ‘Obamacare Repeal Act.” It is short and to the point, AI.com reported.
“Effective as of Dec. 31, 2017, the Patient Protection and Affordable Care Act is repealed, and the provisions of law amended or repealed by such Act are restored or revived as if such Act had not been enacted,” the bill reads.
Brooks, a member of the House Freedom Caucus, told constituents last week that he was a “no” vote on the Obamacare repeal/replace bill offered by Republican Speaker of the House Paul Ryan.
Also last week, in an interview with SiriusXM host Alex Marlow, Brooks called the Speaker’s bill “a horrible replacement bill.”

Rep. Brooks: We need a bill that repeals Obamacare

Rep. Mo Brooks: ‘Deceptive’ to call GOP’s plan a repeal of Obamacare

Donald Trump THREATENS The Freedom Caucus, said Rush Limbaugh

SEAN SPICER ON TRUMP’S ANTI FREEDOM CAUCUS TWEET

Rand Paul: 75 Percent Chance We Repeal Obamacare

Ep. 239: Trump Needs To Lead Not Oppose The Freedom Caucus

Employers Will Cut Wages and Workers to Pay for Obamacare Premiums

News Wrap: Trump takes aim at the Freedom Caucus

SMOKING GUN Devastating New Email Released, Look What Obama’s Caught Ordering His Spy Ring To Do

The House Freedom Caucus: What You Need To Know | TIME

Wh On Changes Of President Trump Working With House Freedom Caucus Again: It Depends – Cavuto

Mark Levin Interviews Freedom Caucus Chair Mark Meadows

Is The House Freedom Caucus Unwilling to take “Yes” For an Answer?

Freedom Caucus’s reasonable demand on Obamacare repeal

Poll: Just 17 percent of voters back ObamaCare repeal plan

 

Poll: Just 17 percent of voters back ObamaCare repeal plan

A majority of American voters oppose the Republicans’ plan to repeal and replace ObamaCare, while very few voters support it, a new poll finds.

A poll published Thursday by Quinnipiac University found that 56 percent of voters disapprove of the GOP healthcare plan, while just 17 percent support it.

Even among Republicans, only 41 percent support the American Health Care Act, while 24 percent oppose it. And 80 percent of Democrats and 58 percent of Independent voters disapprove of the plan.

Republicans are scrambling to shore up support for the repeal-and-replace bill ahead of an expected House vote later Thursday. President Trump is meeting with members of the conservative Freedom Caucus, who are seeking a number of changes to the bill in exchange for their support.But centrist Republicans are fleeing from the bill as it changes to fit the conservatives’ desires, complicating efforts to get the bill passed in the House.

The poll found that 46 percent of voters say they will be less likely to vote for their Congressional representative if they vote to approve the GOP health insurance plan.

The Quinnipiac University poll was conducted from March 16 to 21 and surveyed 1,056 voters. The margin of error is 3 percentage points.

http://thehill.com/policy/healthcare/325448-poll-majority-of-voters-disapprove-of-gop-obamacare-repeal-plan

 

Essential health benefits

From Wikipedia, the free encyclopedia

In the context of health care in the United States, essential health benefits (EHBs) are a set of benefits that certain health insurance plans are required to cover for patients.[1]

Essential health benefits must be offered by health plans in individual and small group markets, both inside and outside of the Health Insurance Marketplace.[2][3] Large-group health plans, self-insured ERISA plans, and ERISA-governed multiemployer welfare arrangements not subject to state insurance law are exempt from the EHB requirement.[4]

Essential health benefits

The ACA sets forth the following ten categories of essential health benefits,[5][6] at Section 1302(b)(1) of the Affordable Care Act, codified at 42 U.S.C. § 18022(b):[7]

  1. Ambulatory patient services. [outpatient care]
  2. Emergency services.
  3. Hospitalization. [inpatient care]
  4. Maternity and newborn care
  5. Mental health and substance use disorder services, including behavioral health treatment.
  6. Prescription drugs.
  7. Rehabilitative and habilitative services and devices.
  8. Laboratory services
  9. Preventive and wellness services and chronic disease management;
  10. Pediatric services, including oral and vision care.

The essential health benefits are a minimum standard: “Qualified health plans are not barred from offering additional benefits, and states may require that qualified health plans sold in state health insurance exchanges also cover state-mandated benefits.”[8]

The ACA’s list of essential health benefits is defined in terms of ten broad classes.[9] The act gives “considerable discretion” to the Secretary of Health and Human Services to determine, through regulation, what specific services within these classes are essential. However, the Act provides certain parameters for the secretary to consider. The secretary (1) must “ensure that such essential health benefits reflect an appropriate balance among the categories … so that benefits are not unduly weighted toward any category”; (2) may “not make coverage decisions, determine reimbursement rates, establish incentive programs, or design benefits in ways that discriminate against individuals because of their age, disability, or expected length of life”; (3) must take into account “the health care needs of diverse segments of the population, including women, children, persons with disabilities, and other groups”; and (4) must ensure that essential benefits “not be subject to denial to individuals against their wishes on the basis of the individuals’ age or expected length of life or the individuals’ present or predicted disability, degree of medical dependency, or quality of life.”[10]

According to a Commonwealth Fund report in 2011:

As it stands, federal regulations for 2014 and 2015 do not establish a single, nationally uniform package of health services. Instead, the U.S. Department of Health and Human Services (HHS) gave states discretion to determine the specific benefits they deem essential. This approach was well-received by many state officials, who valued the opportunity to tailor benefit standards to reflect state priorities, and by insurers, who retained more control over benefit design. Groups representing consumers and providers were less supportive, however, expressing concern that the degree of flexibility found in the rules undermines the law’s promise of consistent, meaningful coverage.[11]

History

Coverage of essential health benefits was first required by the Patient Protection and Affordable Care Act (PPACA or ACA) of 2010, which was a major piece of health care reform legislation.[1] The EHB provisions of the ACA was an amendment to the Public Health Service Act.[12]

Dr. Shana Alex Lavarreda, the director of health insurance studies for the UCLA Center for Health Policy Research, explains that before the ACA’s passage, U.S. health insurance sector experienced “a race to the bottom, with insurers cutting benefits to lower premiums.”[1] The establishment of essential health benefits “set a standard for insurance. Anything below that is not true health insurance.”[1] The EHB requirement came into effect on January 1, 2014.[1]

Revision and repeal of essential health benefits coverage was proposed in the Republican part American Health Care Act of 2017.[13] House Freedom Caucus members lobbied during legislation discussion with House Speaker Paul Ryan to remove EHBs as a condition for approval of the AHCA bill.[14]

Comparison with minimum essential coverage

Essential health benefits should not be confused with minimum essential coverage (MEC). MEC is the minimum amount of coverage that an individual must carry to meet the individual health insurance mandate, while EHBs are a set of benefits that qualified health plans (QHPs) must offer.[15] MEC is a low threshold; many forms of coverage that do not provide essential health benefits are nevertheless considered minimum essential coverage.[15]

Notes

  1. ^ Jump up to:a b c d e Frank Lalli, The Health Care Law’s 10 Essential Benefits: The Affordable Care Act ensures you’ll have access to these medical and wellness services, AARP The Magazine (August/September 2013).
  2. Jump up^ Essential Health Benefits, HealthCare.gov (accessed November 12, 2015).
  3. Jump up^ Rosenbaum, Teitelbaum & Hayes, p. 2.
  4. Jump up^ Rosenbaum, Teitelbaum & Hayes, p. 3.
  5. Jump up^ 10 health care benefits covered in the Health Insurance Marketplace, HealthCare.gov (accessed November 12, 2015).
  6. Jump up^ Alexandra Ernst, 10 Essential Health Benefits Insurance Plans Must Cover Starting in 2014, FamiliesUSA (March 28, 2013).
  7. Jump up^ 42 U.S. Code § 18022 – Essential health benefits requirements
  8. Jump up^ Rosenbaum, Teitelbaum & Hayes, p. 3.
  9. Jump up^ Rosenbaum, Teitelbaum & Hayes, p. 3.
  10. Jump up^ Rosenbaum, Teitelbaum & Hayes, pp. 3-4
  11. Jump up^ Giovannelli, Lucia & Corlette, p. 2.
  12. Jump up^ Rosenbaum, Teitelbaum & Hayes, p. 2.
  13. Jump up^ “Republicans may gut an overlooked provision of Obamacare — and disrupt health insurance”. Business Insider. Retrieved 2017-03-26.
  14. Jump up^ Luhby, Tami. “Essential Health Benefits and why they matter”. CNN. Retrieved 2017-03-26.
  15. ^ Jump up to:a b Susan Grassli & Lisa Klinger, Understanding the Difference between Minimum Essential Coverage, Essential Health Benefits, Minimum Value, and Actuarial Value, Leavitt Group (January 27, 2014).

Sources

External links

Patient Protection and Affordable Care Act

From Wikipedia, the free encyclopedia
Patient Protection and Affordable Care Act
Great Seal of the United States
Long title The Patient Protection and Affordable Care Act
Acronyms(colloquial) PPACA, ACA
Nicknames Affordable Care Act, Health Insurance Reform, Healthcare Reform, Obamacare
Enacted by the 111th United States Congress
Effective March 23, 2010; 7 years ago
Most major provisions phased in by January 2014; remaining provisions phased in by 2020
Citations
Public law 111–148
Statutes at Large 124 Stat.119through 124 Stat.1025(906 pages)
Legislative history
  • Introduced in the Houseasthe “Service Members Home Ownership Tax Act of 2009” (H.R. 3590) byCharles Rangel (DNY) on September 17, 2009
  • Committee consideration byWays and Means
  • Passed the House on October 8, 2009 (416–0)
  • Passed the Senate as the “Patient Protection and Affordable Care Act” on December 24, 2009 (60–39) with amendment
  • House agreed to Senate amendment on March 21, 2010 (219–212)
  • Signed into law by PresidentBarack Obamaon March 23, 2010
Major amendments
Health Care and Education Reconciliation Act of 2010
Comprehensive 1099 Taxpayer Protection and Repayment of Exchange Subsidy Overpayments Act of 2011
United States Supreme Court cases
National Federation of Independent Business v. Sebelius
Burwell v. Hobby Lobby
King v. Burwell

The Patient Protection and Affordable Care Act, often shortened to the Affordable Care Act (ACA) and nicknamed Obamacare, is a United States federal statute enacted by the 111th United States Congress and signed into law by PresidentBarack Obama on March 23, 2010. Under the act, hospitals and primary physicians would transform their practices financially, technologically, and clinically to drive better health outcomes, lower costs, and improve their methods of distribution and accessibility.

The Affordable Care Act was designed to increase health insurance quality and affordability, lower the uninsured rate by expanding insurance coverage and reduce the costs of healthcare. It introduced mechanisms including mandates, subsidies and insurance exchanges.[1][2] The law requires insurers to accept all applicants, cover a specific list of conditions and charge the same rates regardless of pre-existing conditions or sex.[3]

The ACA has caused a significant reduction in the number and percentage of people without health insurance, with estimates ranging from 20-24 million additional persons covered during 2016.[4][5] Increases in overall healthcare spending have slowed since the law was implemented, including premiums for employer-based insurance plans.[6] The Congressional Budget Office reported in several studies that the ACA would reduce the budget deficit, and that repealing it would increase the deficit.[7][8]

As implementation began, first opponents, then others, and finally the president himself adopted the term “Obamacare” to refer to the ACA.[9]

The law and its implementation faced challenges in Congress and federal courts, and from some state governments, conservativeadvocacy groups, labor unions, and small business organizations. The United States Supreme Court upheld the constitutionality of the ACA’s individual mandate as an exercise of Congress’s taxing power,[10]found that states cannot be forced to participate in the ACA’s Medicaid expansion,[11][12][13] and found that the law’s subsidies to help individuals pay for health insurance are available in all states, not just in those that have set up state exchanges.[14]

Together with the Health Care and Education Reconciliation Act amendment, it represents the U.S. healthcare system‘s most significant regulatory overhaul and expansion of coverage since the passage of Medicare and Medicaid in 1965.[15][16][17][18]

Contents

 [show] 

Provisions

The President and White House Staff react to the House of Representatives passing the bill on March 21, 2010.

The ACA includes provisions to take effect between 2010 and 2020, although most took effect on January 1, 2014. Few areas of the US health care system were left untouched, making it the most sweeping health care reform since the enactment of Medicare and Medicaid in 1965.[15][16][17][19][18] However, some areas were more affected than others. The individual insurance market was radically overhauled, and many of the law’s regulations applied specifically to this market,[15] while the structure of Medicare, Medicaid, and the employer marketwere largely retained.[16] Most of the coverage gains were made through the expansion of Medicaid,[20] and the biggest cost savings were made in Medicare.[16] Some regulations applied to the employer market, and the law also made delivery system changes that affected most of the health care system.[16] Not all provisions took full effect. Some were made discretionary, some were deferred, and others were repealed before implementation.

Individual insurance

Guaranteed issue prohibits insurers from denying coverage to individuals due to pre-existing conditions. States were required to ensure the availability of insurance for individual children who did not have coverage via their families.

States were required to expand Medicaid eligibility to include individuals and families with incomes up to 133% of the federal poverty level, including adults without disabilities or dependent children.[21] The law provides a 5% “income disregard”, making the effective income eligibility limit for Medicaid 138% of the poverty level.[22]

The State Children’s Health Insurance Program (CHIP) enrollment process was simplified.[21]

Dependents were permitted to remain on their parents’ insurance plan until their 26th birthday, including dependents that no longer live with their parents, are not a dependent on a parent’s tax return, are no longer a student, or are married.[23][24]

Among the groups who remained uninsured were:

  • Illegal immigrants, estimated at around 8 million—or roughly a third of the 23 million projection—are ineligible for insurance subsidies and Medicaid.[25][26] They remain eligible for emergency services.
  • Eligible citizens not enrolled in Medicaid.[27]
  • Citizens who pay the annual penalty instead of purchasing insurance, mostly younger and single.[27]
  • Citizens whose insurance coverage would cost more than 8% of household income and are exempt from the penalty.[27]
  • Citizens who live in states that opt out of the Medicaid expansion and who qualify for neither existing Medicaid coverage nor subsidized coverage through the states’ new insurance exchanges.[28]

Subsidies

Households with incomes between 100% and 400% of the federal poverty level were eligible to receive federal subsidies for policies purchased via an exchange.[29][30] Subsidies are provided as an advanceable, refundable tax credit[31][32] Additionally, small businesses are eligible for a tax credit provided that they enroll in the SHOP Marketplace.[33] Under the law, workers whose employers offer affordable coverage will not be eligible for subsidies via the exchanges. To be eligible the cost of employer-based health insurance must exceed 9.5% of the worker’s household income.

Subsidies (2014) for Family of 4[34][35][36][37][38]
Income % of federal poverty level Premium Cap as a Share of Income Incomea Max Annual Out-of-Pocket Premium Premium Savingsb Additional Cost-Sharing Subsidy
133% 3% of income $31,900 $992 $10,345 $5,040
150% 4% of income $33,075 $1,323 $9,918 $5,040
200% 6.3% of income $44,100 $2,778 $8,366 $4,000
250% 8.05% of income $55,125 $4,438 $6,597 $1,930
300% 9.5% of income $66,150 $6,284 $4,628 $1,480
350% 9.5% of income $77,175 $7,332 $3,512 $1,480
400% 9.5% of income $88,200 $8,379 $2,395 $1,480
a.^ Note: In 2014, the FPL was $11,800 for a single person and $24,000 for family of four.[39][40] See Subsidy Calculator for specific dollar amount.[41] b.^ DHHS and CBO estimate the average annual premium cost in 2014 would have been $11,328 for a family of 4 without the reform.[36]

Premiums were the same for everyone of a given age, regardless of preexisting conditions. Premiums were allowed to vary by enrollee age, but those for the oldest enrollees (age 45-64 average expenses $5,542) could only be three times as large as those for adults (18-24 $1,836).[42]

Mandates

Individual

The individual mandate[43] is the requirement to buy insurance or pay a penalty for everyone not covered by an employer sponsored health plan, Medicaid, Medicare or other public insurance programs (such as Tricare). Also exempt were those facing a financial hardship or who were members in a recognized religious sect exempted by the Internal Revenue Service.[44]

The mandate and the limits on open enrollment[45][46] were designed to avoid the insurance death spiral in which healthy people delay insuring themselves until they get sick. In such a situation, insurers would have to raise their premiums to cover the relatively sicker and thus more expensive policies,[43][47][48] which could create a vicious cycle in which more and more people drop their coverage.[49]

The purpose of the mandate was to prevent the healthcare system from succumbing to adverse selection, which would result in high premiums for the insured and little coverage (and thus more illness and medical bankruptcy) for the uninsured.[47][50][51] Studies by the CBO, Gruber and Rand Health concluded that a mandate was required.[52][53][54] The mandate increased the size and diversity of the insured population, including more young and healthy participants to broaden the risk pool, spreading costs.[55] Experience in New Jersey and Massachusetts offered divergent outcomes.[50][53][56]

Business

Businesses that employ 50 or more people but do not offer health insurance to their full-time employees pay a tax penalty if the government has subsidized a full-time employee’s healthcare through tax deductions or other means. This is commonly known as the employer mandate.[57][58] This provision was included to encourage employers to continue providing insurance once the exchanges began operating.[59] Approximately 44% of the population was covered directly or indirectly through an employer.[60][61]

Excise taxes

Excise taxes for the Affordable Care Act raised $16.3 billion in fiscal year 2015 (17% of all excise taxes collected by the Federal Government). $11.3 billion was an excise tax placed directly on health insurers based on their market share. The ACA was going to impose a 40% “Cadillac tax” on expensive employer sponsored health insurance but that was postponed until 2018. Annual excise taxes totaling $3 billion were levied on importers and manufacturers of prescription drugs. An excise tax of 2.3% on medical devices and a 10% excise tax on indoor tanning services were applied as well.[62]

Insurance standards

Essential health benefits

The National Academy of Medicine defined the law’s “essential health benefits” as “ambulatory patient services; emergency services; hospitalization; maternity and newborn care; mental health and substance use disorder services, including behavioral health treatment; prescription drugs; rehabilitative and habilitative services and devices; laboratory services; preventive and wellness services and chronic disease management; and pediatric services, including oral and vision care”[63][64][65][66][67][68][69] and others[70] rated Level A or B by the U.S. Preventive Services Task Force.[71] In determining what would qualify as an essential benefit, the law required that standard benefits should offer at least that of a “typical employer plan”.[68] States may require additional services.[72]

Contraceptives

One provision in the law mandates that health insurance cover “additional preventive care and screenings” for women.[73] The guidelines mandate “[a]ll Food and Drug Administration approved contraceptive methods, sterilization procedures, and patient education and counseling for all women with reproductive capacity”.[74] This mandate applies to all employers and educational institutions except for religious organizations.[75][76] These regulations were included on the recommendations of the Institute of Medicine.[77][78]

Risk management

ACA provided three ways to control risk for insurers in the individual and business markets: temporary reinsurance, temporary risk corridors, and permanent risk adjustment.

Risk corridor program

The risk-corridor program was a temporary risk management device defined under the PPACA section 1342[79]:1 to encourage reluctant insurers into the “new and untested” ACA insurance market during the first three years that ACA was implemented (2014-2016). For those years the Department of Health and Human Services (HHS) “would cover some of the losses for insurers whose plans performed worse than they expected. Insurers that were especially profitable, for their part, would have to return to HHS some of the money they earned on the exchanges”[80][81] According to an article in Forbes, risk corridors “had been a successful part of the Medicare prescription drug benefit, and the ACA’s risk corridors were modeled after Medicare’s Plan D.”[82] They operated on the principle that “more participation would mean more competition, which would drive down premiums and make health insurance more affordable” and “[w]hen insurers signed up to sell health plans on the exchanges, they did so with the expectation that the risk-corridor program would limit their downside losses.”[80] The risk corridors succeeded in attracting ACA insurers. The program did not pay for itself as planned with “accumulated losses” up to $8.3 billion for 2014 and 2015 alone. Authorization had to be given so that HHS could pay insurers from “general government revenues”. Congressional Republicans “railed against” the program as a ‘bailout’ for insurers. Then-Rep. Jack Kingston (R-Ga.), on the Appropriations Committee that funds the Department of Health and Human Services and the Labor Department “[slipped] in a sentence” — Section 227 — in the “massive” appropriationsConsolidated Appropriations Act, 2014 (H.R. 3547) that said that no funds in the discretionary spending bill “could be used for risk-corridor payments.” This effectively “blocked the administration from obtaining the necessary funds from other programs”[83] and placed Congress in a potential breach of contract with insurers who offered qualified health plans, under the Tucker Act[79] as it did not pay the insurers.[84][84] On February 10, 2017, in the Moda Health v the US Government, Moda, one of the insurers that struggled financially because of the elimination of the risk corridor program, won a “$214-million judgment against the federal government”. Justice Thomas C. Wheeler stated, “the Government “made a promise in the risk corridors program that it has yet to fulfill. Today, the court directs the Government to fulfill that promise. After all, ‘to say to [Moda], ‘The joke is on you. You shouldn’t have trusted us,’ is hardly worthy of our great government.”[85]

Temporary reinsurance

Temporary reinsurance for insurance for insurers against unexpectedly high claims was a program that ran from 2014 through 2016. It was intended to limit insurer losses.[citation needed]

Risk adjustment

Of the three risk management programs, only risk adjustment was permanent. Risk adjustment attempts to spread risk among insurers to prevent purchasers with good knowledge of their medical needs from using insurance to cover their costs (adverse selection). Plans with low actuarial risk compensate plans with high actuarial risk.[citation needed]

Other provisions

In 2012 Senator Sheldon Whitehouse created this summary to explain his view on the act.

The ACA has several other provisions:

  • Annual and lifetime coverage caps on essential benefits were banned.[86][87]
  • Prohibits insurers from dropping policyholders when they get sick.[88]
  • All health policies sold in the United States must provide an annual maximum out of pocket (MOOP) payment cap for an individual’s or family’s medical expenses (excluding premiums). After the MOOP payment cap is reached, all remaining costs must be paid by the insurer.[89]
  • A partial community rating requires insurers to offer the same premium to all applicants of the same age and location without regard to gender or most pre-existing conditions (excluding tobacco use).[90][91][92] Premiums for older applicants can be no more than three times those for the youngest.[93]
  • Preventive care, vaccinations and medical screenings cannot be subject to co-payments, co-insurance or deductibles.[94][95][96] Specific examples of covered services include: mammograms and colonoscopies, wellness visits, gestational diabetes screening, HPV testing, STI counseling, HIV screening and counseling, contraceptive methods, breastfeeding support/supplies and domestic violence screening and counseling.[97]
  • The law established four tiers of coverage: bronze, silver, gold and platinum. All categories offer the essential health benefits. The categories vary in their division of premiums and out-of-pocket costs: bronze plans have the lowest monthly premiums and highest out-of-pocket costs, while platinum plans are the reverse.[68][98] The percentages of health care costs that plans are expected to cover through premiums (as opposed to out-of-pocket costs) are, on average: 60% (bronze), 70% (silver), 80% (gold), and 90% (platinum).[99]
  • Insurers are required to implement an appeals process for coverage determination and claims on all new plans.[88]
  • Insurers must spend at least 80–85% of premium dollars on health costs; rebates must be issued to policyholders if this is violated.[100][101]

Exchanges

Established the creation of health insurance exchanges in all fifty states. The exchanges are regulated, largely online marketplaces, administered by either federal or state government, where individuals and small business can purchase private insurance plans.[102][103][104]

Setting up an exchange gives a state partial discretion on standards and prices of insurance.[105][106] For example, states approve plans for sale, and influence (through limits on and negotiations with private insurers) the prices on offer. They can impose higher or state-specific coverage requirements—including whether plans offered in the state can cover abortion.[107] States without an exchange do not have that discretion. The responsibility for operating their exchanges moves to the federal government.[105]

State waivers

From 2017 onwards, states can apply for a “waiver for state innovation” that allows them to conduct experiments that meet certain criteria.[108] To obtain a waiver, a state must pass legislation setting up an alternative health system that provides insurance at least as comprehensive and as affordable as ACA, covers at least as many residents and does not increase the federal deficit.[109] Such states can exempt states from some of ACA’s central requirements, including the individual and employer mandates and the provision of an insurance exchange.[110] The state would receive compensation equal to the aggregate amount of any federal subsidies and tax credits for which its residents and employers would have been eligible under ACA plan, if they cannot be paid out due to the structure of the state plan.[108]

In May 2011, Vermont enacted Green Mountain Care, a state-based single-payer system for which they intended to pursue a waiver to implement.[111][112][113] In December 2014, Vermont decided not to continue due to high expected costs.[114]

Accountable Care Organizations

The Act allowed the creation of Accountable Care Organizations (ACOs), which are groups of doctors, hospitals and other providers that commit to give coordinated, high quality care to Medicare patients. ACOs were allowed to continue using a fee for service billing approach. They receive bonus payments from the government for minimizing costs while achieving quality benchmarks that emphasize prevention and mitigating chronic disease. If they fail to do so, they are subject to penalties.[115]

Unlike Health Maintenance Organizations, ACO patients are not required to obtain all care from the ACO. Also, unlike HMOs, ACOs must achieve quality of care goals.[115]

Others

Legislative history

President Obama signing the Patient Protection and Affordable Care Act on March 23, 2010

Background

An individual mandate coupled with subsidies for private insurance as a means for universal healthcare was considered the best way to win the support of the Senate because it had been included in prior bipartisan reform proposals. The concept goes back to at least 1989, when the conservativeHeritage Foundation proposed an individual mandate as an alternative to single-payer health care.[125] It was championed for a time by conservative economists and Republican senators as a market-based approach to healthcare reform on the basis of individual responsibility and avoidance of free rider problems. Specifically, because the 1986 Emergency Medical Treatment and Active Labor Act (EMTALA) requires any hospital participating in Medicare (nearly all do) to provide emergency care to anyone who needs it, the government often indirectly bore the cost of those without the ability to pay.[126][127][128]

President Bill Clintonproposed a healthcare reform bill in 1993 that included a mandate for employers to provide health insurance to all employees through a regulated marketplace of health maintenance organizations. Republican Senators proposed an alternative that would have required individuals, but not employers, to buy insurance.[127]Ultimately the Clinton plan failed amid an unprecedented barrage of negative advertising funded by politically conservative groups and the health insurance industry and due to concerns that it was overly complex.[129] Clinton negotiated a compromise with the 105th Congress to instead enact the State Children’s Health Insurance Program (SCHIP) in 1997.[130]

John Chafee

The 1993 Republican alternative, introduced by Senator John Chafee as the Health Equity and Access Reform Today Act, contained a “universal coverage” requirement with a penalty for noncompliance—an individual mandate—as well as subsidies to be used in state-based ‘purchasing groups’.[131] Advocates for the 1993 bill included prominent Republicans such as Senators Orrin Hatch, Chuck Grassley, Bob Bennett and Kit Bond.[132][133] Of 1993’s 43 Republican Senators, 20 supported the HEART Act.[125][134] Another Republican proposal, introduced in 1994 by Senator Don Nickles (R-OK), the Consumer Choice Health Security Act, contained an individual mandate with a penalty provision;[135] however, Nickles subsequently removed the mandate from the bill, stating he had decided “that government should not compel people to buy health insurance”.[136] At the time of these proposals, Republicans did not raise constitutional issues with the mandate; Mark Pauly, who helped develop a proposal that included an individual mandate for George H. W. Bush, remarked, “I don’t remember that being raised at all. The way it was viewed by the Congressional Budget Office in 1994 was, effectively, as a tax.”[125]

Mitt Romney’s Massachusetts went from 90% of its residents insured to 98%, the highest rate in the nation.[137]

In 2006, an insurance expansion bill was enacted at the state level in Massachusetts. The bill contained both an individual mandate and an insurance exchange. Republican Governor Mitt Romney vetoed the mandate, but after Democrats overrode his veto, he signed it into law.[138] Romney’s implementation of the ‘Health Connector’ exchange and individual mandate in Massachusetts was at first lauded by Republicans. During Romney’s 2008 presidential campaign, Senator Jim DeMint praised Romney’s ability to “take some good conservative ideas, like private health insurance, and apply them to the need to have everyone insured”. Romney said of the individual mandate: “I’m proud of what we’ve done. If Massachusetts succeeds in implementing it, then that will be the model for the nation.”[139]

In 2007, a year after the Massachusetts reform, Republican Senator Bob Bennett and Democratic Senator Ron Wyden introduced the Healthy Americans Act, which featured an individual mandate and state-based, regulated insurance markets called “State Health Help Agencies”.[128][139] The bill initially attracted bipartisan support, but died in committee. Many of the sponsors and co-sponsors remained in Congress during the 2008 healthcare debate.[140]

By 2008 many Democrats were considering this approach as the basis for healthcare reform. Experts said that the legislation that eventually emerged from Congress in 2009 and 2010 bore similarities to the 2007 bill[131] and that it was deliberately patterned after Romney’s state healthcare plan.[141]

Healthcare debate, 2008–10

Healthcare reform was a major topic during the 2008 Democratic presidential primaries. As the race narrowed, attention focused on the plans presented by the two leading candidates, Hillary Clinton and the eventual nominee, Barack Obama. Each candidate proposed a plan to cover the approximately 45 million Americans estimated to not have health insurance at some point each year. Clinton’s proposal would have required all Americans to obtain coverage (in effect, an individual mandate), while Obama’s proposal provided a subsidy but rejected the use of an individual mandate.[142][143]

During the general election, Obama said that fixing healthcare would be one of his top four priorities as president.[144] Obama and his opponent, Sen. John McCain, proposed health insurance reforms though they differed greatly. Senator John McCain proposed tax credits for health insurance purchased in the individual market, which was estimated to reduce the number of uninsured people by about 2 million by 2018. Obama proposed private and public group insurance, income-based subsidies, consumer protections, and expansions of Medicaid and SCHIP, which was estimated at the time to reduce the number of uninsured people by 33.9 million by 2018.[145]

President Obama addressing Congress regarding healthcare reform, September 9, 2009

After his inauguration, Obama announced to a joint session of Congress in February 2009 his intent to work with Congress to construct a plan for healthcare reform.[146][147] By July, a series of bills were approved by committees within the House of Representatives.[148] On the Senate side, from June to September, the Senate Finance Committee held a series of 31 meetings to develop a healthcare reform bill. This group — in particular, Democrats Max Baucus, Jeff Bingaman and Kent Conrad, along with Republicans Mike Enzi, Chuck Grassley and Olympia Snowe — met for more than 60 hours, and the principles that they discussed, in conjunction with the other committees, became the foundation of the Senate healthcare reform bill.[149][150][151]

Congressional Democrats and health policy experts like MIT economics professor Jonathan Gruber[152] and David Cutler argued that guaranteed issue would require both community rating and an individual mandate to ensure that adverse selection and/or “free riding” would not result in an insurance “death spiral”.[153] This approach was taken because the president and congressional leaders had concluded that more progressive plans, such as the (single-payer)Medicare for All act, could not obtain filibuster-proof support in the Senate. By deliberately drawing on bipartisan ideas — the same basic outline was supported by former Senate majority leaders Howard Baker, Bob Dole, Tom Daschle and George J. Mitchell—the bill’s drafters hoped to garner the votes necessary for passage.[154][155]

However, following the adoption of an individual mandate, Republicans came to oppose the mandate and threatened to filibuster any bills that contained it.[125] Senate minority leader Mitch McConnell, who led the Republican congressional strategy in responding to the bill, calculated that Republicans should not support the bill, and worked to prevent defections:[156]

It was absolutely critical that everybody be together because if the proponents of the bill were able to say it was bipartisan, it tended to convey to the public that this is O.K., they must have figured it out.[157]

Republican Senators, including those who had supported previous bills with a similar mandate, began to describe the mandate as “unconstitutional”. Journalist Ezra Klein wrote in The New Yorker that “a policy that once enjoyed broad support within the Republican Party suddenly faced unified opposition.”[128] Reporter Michael Cooper of The New York Times wrote that: “the provision … requiring all Americans to buy health insurance has its roots in conservative thinking.”[127][134]

Tea Party protesters at the Taxpayer March on Washington, September 12, 2009

The reform negotiations also attracted attention from lobbyists,[158] including deals between certain lobby groups and the advocates of the law to win the support of groups that had opposed past reforms, as in 1993.[159][160] The Sunlight Foundation documented many of the reported ties between “the healthcare lobbyist complex” and politicians in both parties.[161]

During the August 2009 summer congressional recess, many members went back to their districts and held town hall meetings on the proposals. The nascent Tea Party movement organized protests and many conservative groups and individuals attended the meetings to oppose the proposed reforms.[147] Many threats were made against members of Congress over the course of the debate.[162][163]

When Congress returned from recess, in September 2009 President Obama delivered a speech to a joint session of Congress supporting the ongoing Congressional negotiations.[164] He acknowledged the polarization of the debate, and quoted a letter from the late Senator Edward “Ted” Kennedy urging on reform: “what we face is above all a moral issue; that at stake are not just the details of policy, but fundamental principles of social justice and the character of our country.”[165] On November 7, the House of Representatives passed the Affordable Health Care for America Act on a 220–215 vote and forwarded it to the Senate for passage.[147]

Senate

The Senate began work on its own proposals while the House was still working. The United States Constitution requires all revenue-related bills to originate in the House.[166] To formally comply with this requirement, the Senate used H.R. 3590, a bill regarding housing tax changes for service members.[167] It had been passed by the House as a revenue-related modification to the Internal Revenue Code. The bill became the Senate’s vehicle for its healthcare reform proposal, discarding the bill’s original content.[168] The bill ultimately incorporated elements of proposals that were reported favorably by the Senate Health and Finance committees. With the Republican Senate minority vowing to filibuster, 60 votes would be necessary to pass the Senate.[169] At the start of the 111th Congress, Democrats had only 58 votes; the Senate seat in Minnesota ultimately won by Al Franken was still undergoing a recount, while Arlen Specter was still a Republican (he became a Democrat in April, 2009).

Negotiations were undertaken attempting to satisfy moderate Democrats and to bring Republican senators aboard; particular attention was given to Republicans Bennett, Enzi, Grassley and Snowe. On July 7 Franken was sworn into office, providing a potential 60th vote. On August 25 Ted Kennedy—a longtime healthcare reform advocate—died. Paul Kirk was appointed as Senator Kennedy’s temporary replacement on September 24.

After the Finance Committee vote on October 15, negotiations turned to moderate Democrats. Majority leader Harry Reid focused on satisfying centrists. The holdouts came down to Joe Lieberman of Connecticut, an independent who caucused with Democrats, and conservative Nebraska Democrat Ben Nelson. Lieberman’s demand that the bill not include a public option[153][170] was met,[171] although supporters won various concessions, including allowing state-based public options such as Vermont’s Green Mountain Care.[171][172]

Senate vote by state.

  Democratic yes (58)
  Independent yes (2)
  Republican no (39)
 Republican not voting (1)

The White House and Reid addressed Nelson’s concerns[173] during a 13-hour negotiation with two concessions: a compromise on abortion, modifying the language of the bill “to give states the right to prohibit coverage of abortion within their own insurance exchanges”, which would require consumers to pay for the procedure out of pocket if the state so decided; and an amendment to offer a higher rate of Medicaid reimbursement for Nebraska.[147][174] The latter half of the compromise was derisively termed the “Cornhusker Kickback”[175] and was repealed in the subsequent reconciliation amendment bill.

On December 23, the Senate voted 60–39 to end debate on the bill: a cloture vote to end the filibuster. The bill then passed, also 60–39, on December 24, 2009, with all Democrats and two independents voting for it, and all Republicans against (except Jim Bunning, who did not vote).[176] The bill was endorsed by the AMA and AARP.[177]

On January 19, 2010, Massachusetts Republican Scott Brown was elected to the Senate in a special election to replace Kennedy, having campaigned on giving the Republican minority the 41st vote needed to sustain Republican filibusters.[147][178][179] His victory had become significant because of its effects on the legislative process. The first was psychological: the symbolic importance of losing Kennedy’s traditionally Democratic Massachusetts seat made many Congressional Democrats concerned about the political cost of passing a bill.[180][181]

House

House vote by congressional district.

  Democratic yes (219)
  Democratic no (34)
  Republican no (178)
  No representative seated (4)

Brown’s election meant Democrats could no longer break a filibuster in the Senate. In response, White House Chief of StaffRahm Emanuel argued that Democrats should scale back to a less ambitious bill; House SpeakerNancy Pelosi pushed back, dismissing Emanuel’s scaled-down approach as “Kiddie Care”.[182][183]

Obama remained insistent on comprehensive reform. The news that Anthem Blue Cross in California intended to raise premium rates for its patients by as much as 39% gave him new evidence of the need for reform.[182][183] On February 22, he laid out a “Senate-leaning” proposal to consolidate the bills.[184] He held a meeting with both parties’ leaders on February 25. The Democrats decided that the House would pass the Senate’s bill, to avoid another Senate vote.

House Democrats had expected to be able to negotiate changes in a House-Senate conference before passing a final bill. Since any bill that emerged from conference that differed from the Senate bill would have to pass the Senate over another Republican filibuster, most House Democrats agreed to pass the Senate bill on condition that it be amended by a subsequent bill.[181] They drafted the Health Care and Education Reconciliation Act, which could be passed by the reconciliation process.[182][185][186]

As per the Congressional Budget Act of 1974, reconciliation cannot be subject to a filibuster. But reconciliation is limited to budget changes, which is why the procedure was not used to pass ACA in the first place; the bill had inherently non-budgetary regulations.[187][188] Although the already-passed Senate bill could not have been passed by reconciliation, most of House Democrats’ demands were budgetary: “these changes—higher subsidy levels, different kinds of taxes to pay for them, nixing the Nebraska Medicaid deal—mainly involve taxes and spending. In other words, they’re exactly the kinds of policies that are well-suited for reconciliation.”[185]

The remaining obstacle was a pivotal group of pro-life Democrats led by Bart Stupak who were initially reluctant to support the bill. The group found the possibility of federal funding for abortion significant enough to warrant opposition. The Senate bill had not included language that satisfied their concerns, but they could not address abortion in the reconciliation bill as it would be non-budgetary. Instead, Obama issued Executive Order 13535, reaffirming the principles in the Hyde Amendment.[189] This won the support of Stupak and members of his group and assured the bill’s passage.[186][190] The House passed the Senate bill with a 219–212 vote on March 21, 2010, with 34 Democrats and all 178 Republicans voting against it.[191] The next day, Republicans introduced legislation to repeal the bill.[192] Obama signed ACA into law on March 23, 2010.[193] Since passage, Republicans have voted to repeal all or parts of the Affordable Care Act over sixty times; no such attempt by Republicans has been successful.[194] The amendment bill, The Health Care and Education Reconciliation Act, cleared the House on March 21; the Senate passed it by reconciliation on March 25, and Obama signed it on March 30.

Impact

Coverage rate, employer market cost trends, budgetary impact, and income inequality aspects of the Affordable Care Act.

This chart illustrates several aspects of the Affordable Care Act, including number of persons covered, cost before and after subsidies, and public opinion.

Coverage

The law has caused a significant reduction in the number and percentage of people without health insurance. The CDC reported that the percentage of people without health insurance fell from 16.0% in 2010 to 8.9% during the January–June 2016 period.[195] From Q4-2013 to Q1-2016, a Gallup survey found that the uninsured rate among adults declined from 17.1% to 11.0%, a decline of 6.1 percentage points.[196] In a 2016 review, Obama presented data showing that the uninsured rate had declined by 43%, from 16.0% in 2010 to 9.1% in 2015, mostly in 2014.[197] The uninsured rate dropped in every congressional district in the U.S. between 2013 and 2015.[198]

In March 2016, the CBO reported that there were approximately 27 million people without insurance in 2016, a figure they expected would range from 26-28 million through 2026. CBO also estimated the percentage of insured among all U.S. residents would remain at 90% through that period, 92-93% excluding unauthorized immigrants.[4]

Those states that expanded Medicaid had a 7.3% uninsured rate on average in the first quarter of 2016, while those that did not expand Medicaid had a 14.1% uninsured rate, among adults aged 18 to 64.[199] As of December 2016 there were 32 states (including Washington DC) that had adopted the Medicaid extension, while 19 states had not.[200]

The Congressional Budget Office reported in March 2016 that there were approximately 12 million people covered by the exchanges (10 million of whom received subsidies to help pay for insurance) and 11 million made eligible for Medicaid by the law, a subtotal of 23 million people. An additional 1 million were covered by the ACA’s “Basic Health Program,” for a total of 24 million.[4] CBO also estimated that the ACA would reduce the net number of uninsured by 22 million in 2016, using a slightly different computation for the above figures totaling ACA coverage of 26 million, less 4 million for reductions in “employment-based coverage” and “non-group and other coverage.”[4] The Department of Health and Human Services (HHS) estimated that 20.0 million adults (aged 18–64) gained healthcare coverage via ACA as of February 2016, a 2.4 million increase over September 2015. HHS estimated that this 20.0 million included: a) 17.7 million from the start of open enrollment in 2013-2016; and b) 2.3 million young adults aged 19–25 who initially gained insurance from 2010-2013, as they were allowed to remain on their parent’s plans until age 26. Of the 20.0 million, an estimated 6.1 million were aged 19–25.[5]

By 2017, nearly 70% of those on the exchanges could purchase insurance for less than $75/month after subsidies, which rose to offset significant pre-subsidy price increases in the exchange markets.[201] Healthcare premium cost increases in the employer market continued to moderate. For example, healthcare premiums for those covered by employers rose by 69% from 2000-2005, but only 27% from 2010 to 2015,[6] with only a 3% increase from 2015 to 2016.[202]

The ACA also helps reduce income inequality measured after taxes, due to higher taxes on the top 5% of income earners and both subsidies and Medicaid expansion for lower-income persons.[203] CBO estimated that subsidies paid under the law in 2016 averaged $4,240 per person for 10 million individuals receiving them, roughly $42 billion. For scale, the subsidy for the employer market, in the form of exempting from taxation those health insurance premiums paid on behalf of employees by employers, was approximately $1,700 per person in 2016, or $266 billion total in the employer market. The employer market subsidy was not changed by the law.[4]

Insurance exchanges

As of August 2016, 15 states operated their own exchanges. Other states either used the federal exchange, or operated in partnership with or supported by the federal government.[204]

Medicaid expansion

Medicaid expansion by state.[205]

  Adopted the Medicaid expansion
  Medicaid expansion under discussion
  Not adopting Medicaid expansion

As of December 2016 there were 32 states (including Washington DC) that had adopted the Medicaid extension, while 19 states had not.[200] Those states that expanded Medicaid had a 7.3% uninsured rate on average in the first quarter of 2016, while those that did not expand Medicaid had a 14.1% uninsured rate, among adults aged 18 to 64.[199] Following the Supreme Court ruling in 2012, which held that states would not lose Medicaid funding if they didn’t expand Medicaid under the ACA, several states rejected expanded Medicaid coverage. Over half of the national uninsured population lived in those states.[206] In a report to Congress, the Centers for Medicare and Medicaid Services (CMS) estimated that the cost of expansion was $6,366 per person for 2015, about 49 percent above previous estimates. An estimated 9 million to 10 million people had gained Medicaid coverage, mostly low-income adults.[207] The Kaiser Family Foundation estimated in October 2015 that 3.1 million additional people were not covered because of states that rejected the Medicaid expansion.[208]

States that rejected the Medicaid expansion could maintain their Medicaid eligibility thresholds, which in many states were significantly below 133% of the poverty line.[209]Many states did not make Medicaid available to childless adults at any income level.[210] Because subsidies on exchange insurance plans were not available to those below the poverty line, such individuals had no new options.[211][212] For example, in Kansas, where only able-bodied adults with children and with an income below 32% of the poverty line were eligible for Medicaid, those with incomes from 32% to 100% of the poverty level ($6,250 to $19,530 for a family of three) were ineligible for both Medicaid and federal subsidies to buy insurance. Absent children, able-bodied adults were not eligible for Medicaid in Kansas.[206]

Studies of the impact of state decisions to reject the Medicaid expansion calculated that up to 6.4 million people could fall into this status.[213] The federal government initially paid for 100% of the expansion (through 2016). The subsidy tapered to 90% by 2020 and continued to shrink thereafter.[214] Several states argued that they could not afford their 10% contribution.[214][215] Studies suggested that rejecting the expansion would cost more than expanding Medicaid due to increased spending on uncompensated emergency care that otherwise would have been partially paid for by Medicaid coverage,[216]

A 2016 study led by Harvard University health economics professor Benjamin Sommers found that residents of Kentucky and Arkansas, which both accepted the Medicaid expansion, were more likely to receive health care services and less likely to incur emergency room costs or have trouble paying their medical bills than before the expansion. Residents of Texas, which did not accept the Medicaid expansion, did not see a similar improvement during the same period.[217] Kentucky opted for increased managed care, while Arkansas subsidized private insurance. The new Arkansas and Kentucky governors have proposed reducing or modifying their programs. Between 2013 and 2015, the uninsured rate dropped from 42% to 14% in Arkansas and from 40% to 9% in Kentucky, compared with 39% to 32% in Texas. Specific improvements included additional primary and preventive care, fewer emergency departments visits, reported higher quality care, improved health, improved drug affordability, reduced out-of-pocket spending and increased outpatient visits, increased diabetes screening, glucose testing among diabetes patients and regular care for chronic conditions.[218]

A 2016 DHHS study found that states that expanded Medicaid had lower premiums on exchange policies, because they had fewer low-income enrollees, whose health on is worse than that of those with higher income.[219]

Healthcare insurance costs

U.S. healthcare cost information, including rate of change, per-capita, and percent of GDP. (Data source: Centers for Medicare and Medicaid Services[220])

The law is designed to pay subsidies in the form of tax credits to the individuals or families purchasing the insurance, based on income levels. Higher income consumers receive lower subsidies. While pre-subsidy prices rose considerably from 2016 to 2017, so did the subsidies, to reduce the after-subsidy cost to the consumer. For example, a study published in 2016 found that the average requested 2017 premium increase among 40-year-old non-smokers was about 9 percent, according to an analysis of 17 cities, although Blue Cross Blue Shield proposed increases of 40 percent in Alabama and 60 percent in Texas.[221] However, some or all of these costs are offset by subsidies, paid as tax credits. For example, the Kaiser Foundation reported that for the second-lowest cost “Silver plan” (a plan often selected and used as the benchmark for determining financial assistance), a 40-year old non-smoker making $30,000 per year would pay effectively the same amount in 2017 as they did in 2016 (about $208/month) after the subsidy/tax credit, despite large increases in the pre-subsidy price. This was consistent nationally. In other words, the subsidies increased along with the pre-subsidy price, fully offsetting the price increases.[222]

Healthcare premium cost increases in the employer market continued to moderate after the implementation of the law. For example, healthcare premiums for those covered by employers rose by 69% from 2000-2005, but only 27% from 2010 to 2015,[6] with only a 3% increase from 2015 to 2016.[202] From 2008-2010 (prior to Obamacare) health insurance premiums rose by an average of 10% per year.[223]

Several studies found that the financial crisis and accompanying recession could not account for the entirety of the slowdown and that structural changes likely share at least partial credit.[224][225][226][227] A 2013 study estimated that changes to the health system had been responsible for about a quarter of the recent reduction in inflation.[228] Paul Krawzak claimed that even if cost controls succeed in reducing the amount spent on healthcare, such efforts on their own may be insufficient to outweigh the long-term burden placed by demographic changes, particularly the growth of the population on Medicare.[229]

In a 2016 review of the ACA published in JAMA, Barack Obama himself wrote that from 2010 through 2014 mean annual growth in real per-enrollee Medicare spending was negative, down from a mean of 4.7% per year from 2000 through 2005 and 2.4% per year from 2006 to 2010; similarly, mean real per-enrollee growth in private insurance spending was 1.1% per year over the period, compared with a mean of 6.5% from 2000 through 2005 and 3.4% from 2005 to 2010.[230]

Effect on deductibles and co-payments

While health insurance premium costs have moderated, some of this is because of insurance policies that have a higher deductible, co-payments and out-of-pocket maximums that shift costs from insurers to patients. In addition, many employees are choosing to combine a health savings account with higher deductible plans, making the impact of the ACA difficult to determine precisely.

For those who obtain their insurance through their employer (“group market”), a 2016 survey found that:

  • Deductibles grew by 63% from 2011 to 2016, while premiums increased 19% and worker earnings grew by 11%.
  • In 2016, 4 in 5 workers had an insurance deductible, which averaged $1,478. For firms with less than 200 employees, the deductible averaged $2,069.
  • The percentage of workers with a deductible of at least $1,000 grew from 10% in 2006 to 51% in 2016. The 2016 figure drops to 38% after taking employer contributions into account.[231]

For the “non-group” market, of which two-thirds are covered by the ACA exchanges, a survey of 2015 data found that:

  • 49% had individual deductibles of at least $1,500 ($3,000 for family), up from 36% in 2014.
  • Many marketplace enrollees qualify for cost-sharing subsidies that reduce their net deductible.
  • While about 75% of enrollees were “very satisfied” or “somewhat satisfied” with their choice of doctors and hospitals, only 50% had such satisfaction with their annual deductible.
  • While 52% of those covered by the ACA exchanges felt “well protected” by their insurance, in the group market 63% felt that way.[232]

Health outcomes

Insurance coverage helps save lives, by encouraging early detection and prevention of dangerous medical conditions. According to a 2014 study, the ACA likely prevented an estimated 50,000 preventable patient deaths from 2010 to 2013.[233]City University public health professors David Himmelstein and Steffie Woolhandler wrote in January 2017 that a rollback of the ACA’s Medicaid expansion alone would cause an estimated 43,956 deaths annually.[234]

Federal deficit

CBO estimates of revenue and impact on deficit

The CBO reported in several studies that the ACA would reduce the deficit, and that repealing it would increase the deficit.[7][8][235][236] The 2011 comprehensive CBO estimate projected a net deficit reduction of more than $200 billion during the 2012–2021 period:[8][237] it calculated the law would result in $604 billion in total outlays offset by $813 billion in total receipts, resulting in a $210 billion net deficit reduction.[8] The CBO separately predicted that while most of the spending provisions do not begin until 2014,[238][239] revenue would exceed spending in those subsequent years.[240] The CBO claimed that the bill would “substantially reduce the growth of Medicare’s payment rates for most services; impose an excise tax on insurance plans with relatively high premiums; and make various other changes to the federal tax code, Medicare, Medicaid, and other programs”[241]—ultimately extending the solvency of the Medicare trust fund by 8 years.[242]

This estimate was made prior to the Supreme Court’s ruling that enabled states to opt out of the Medicaid expansion, thereby forgoing the related federal funding. The CBO and JCT subsequently updated the budget projection, estimating the impact of the ruling would reduce the cost estimate of the insurance coverage provisions by $84 billion.[243][244][245]

The CBO in June 2015 forecasted that repeal of ACA would increase the deficit between $137 billion and $353 billion over the 2016–2025 period, depending on the impact of macroeconomic feedback effects. The CBO also forecasted that repeal of ACA would likely cause an increase in GDP by an average of 0.7% in the period from 2021 to 2015, mainly by boosting the supply of labor.[7]

Major new sources of increased tax receipts include:[95] higher Medicare taxes; annual fees on insurance providers; fees on the healthcare industry such as manufacturers and importers of brand-name pharmaceutical drugs and certain medical devices; limits on tax deductions of medical expenses and flexible spending accounts; a 40% excise tax on plans with annual insurance premiums in excess of $10,200 for an individual or $27,500 for a family; revenue from mandate penalty payments; a 10% federal sales tax on indoor tanning services. Predicted spending reductions included a reduction in Medicare reimbursements to insurers and drug companies for private Medicare Advantage policies that the Government Accountability Office and Medicare Payment Advisory Commission found to be excessively costly relative to government Medicare;[246][247] and reductions in Medicare reimbursements to hospitals that failed standards of efficiency and care.[246]

Although the CBO generally does not provide cost estimates beyond the 10-year budget projection period because of the degree of uncertainty involved in the projection, it decided to do so in this case at the request of lawmakers, and estimated a second decade deficit reduction of $1.2 trillion.[241][248] CBO predicted deficit reduction around a broad range of one-half percent of GDP over the 2020s while cautioning that “a wide range of changes could occur”.[249]

Opinions on CBO projections

The CBO cost estimates were criticized because they excluded the effects of potential legislation that would increase Medicare payments by more than $200 billion from 2010 to 2019.[250][251][252] However, the so-called “doc fix” is a separate issue that would have existed whether or not ACA became law – omitting its cost from ACA was no different from omitting the cost of other tax cuts.[253][254][255]

Uwe Reinhardt, a Princeton health economist, wrote. “The rigid, artificial rules under which the Congressional Budget Office must score proposed legislation unfortunately cannot produce the best unbiased forecasts of the likely fiscal impact of any legislation”, but went on to say “But even if the budget office errs significantly in its conclusion that the bill would actually help reduce the future federal deficit, I doubt that the financing of this bill will be anywhere near as fiscally irresponsible as was the financing of the Medicare Modernization Act of 2003.”[256]Douglas Holtz-Eakin, CBO director during the George W. Bush administration, who later served as the chief economic policy adviser to U.S. Senator John McCain‘s 2008 presidential campaign, alleged that the bill would increase the deficit by $562 billion because, he argued, it front-loaded revenue and back-loaded benefits.[257]

Scheiber and Cohn rejected critical assessments of the law’s deficit impact, arguing that predictions were biased towards underestimating deficit reduction. They noted that for example, it is easier to account for the cost of definite levels of subsidies to specified numbers of people than account for savings from preventive healthcare, and that the CBO had a track record of overestimating costs and underestimating savings of health legislation;[258][259] stating, “innovations in the delivery of medical care, like greater use of electronic medical records[260] and financial incentives for more coordination of care among doctors, would produce substantial savings while also slowing the relentless climb of medical expenses… But the CBO would not consider such savings in its calculations, because the innovations hadn’t really been tried on such large scale or in concert with one another—and that meant there wasn’t much hard data to prove the savings would materialize.”[258]

In 2010 David Walker, former U.S. Comptroller General then working for The Peter G. Peterson Foundation, stated that the CBO estimates are not likely to be accurate, because they were based on the assumption that the law would not change.[261] The Center on Budget and Policy Priorities objected that Congress had a good record of implementing Medicare savings. According to their study, Congress followed through on the implementation of the vast majority of provisions enacted in the past 20 years to produce Medicare savings, although not the payment reductions addressed by the annual “doc fix”.[262][263]

Economic consequences

CBO estimated in June 2015 that repealing the ACA would:

  • Decrease aggregate demand (GDP) in the short-term, as low-income persons who tend to spend a large fraction of their additional resources would have fewer resources (e.g., ACA subsidies would be eliminated). This effect would be offset in the long-run by the labor supply factors below.
  • Increase the supply of labor and aggregate compensation by about 0.8 and 0.9 percent over the 2021-2025 period. CBO cited the ACA’s expanded eligibility for Medicaid and subsidies and tax credits that rise with income as disincentives to work, so repealing the ACA would remove those disincentives, encouraging workers to supply more hours of labor.
  • Increase the total number of hours worked by about 1.5% over the 2021-2025 period.
  • Remove the higher tax rates on capital income, thereby encouraging additional investment, raising the capital stock and output in the long-run.[7]

In 2015 the Center for Economic and Policy Research found no evidence that companies were reducing worker hours to avoid ACA requirements[264] for employees working over 30 hours per week.[265]

The CBO estimated that the ACA would slightly reduce the size of the labor force and number of hours worked, as some would no longer be tethered to employers for their insurance. Cohn, citing CBO’s projections, claimed that ACA’s primary employment effect was to alleviate job lock: “People who are only working because they desperately need employer-sponsored health insurance will no longer do so.”[266] He concluded that the “reform’s only significant employment impact was a reduction in the labor force, primarily because people holding onto jobs just to keep insurance could finally retire”, because they have health insurance outside of their jobs.[267]

Employer mandate and part-time work

For more details on health insurance mandates, see Health insurance mandate.

The employer mandate requires employers meeting certain criteria to provide health insurance to their workers. The mandate applies to employers with more than 50 employees that do not offer health insurance to their full-time workers.[268] Critics claimed that the mandate created a perverse incentive for business to keep their full-time headcount below 50 and to hire part-time workers instead.[269][270] Between March 2010 and 2014 the number of part-time jobs declined by 230,000, while the number of full-time jobs increased by 2 million.[271][272] In the public sector full-time jobs turned into part-time jobs much more than in the private sector.[271][273] A 2016 study found only limited evidence that ACA had increased part-time employment.[274]

Several businesses and the state of Virginia added a 29-hour-a-week cap for their part-time employees,[275][unreliable source?][276][unreliable source?] to reflect the 30-hour-or-more definition for full-time worker.[268] As of yet, however, only a small percent of companies have shifted their workforce towards more part-time hours (4% in a survey from the Federal Reserve Bank of Minneapolis).[270] Trends in working hours[277] and the effects of the Great Recession correlate with part-time working hour patterns.[278][279] The impact of this provision may have been offset by other factors, including that health insurance helps attract and retain employees, increases productivity and reduces absenteeism; and the lower training and administration costs of a smaller full-time workforce over a larger part-time work force.[270][277][280] Relatively few firms employ over 50 employees[270] and more than 90% of them offered insurance.[281] Workers without employer insurance could purchase insurance on the exchanges.[282]

Most policy analysts (on both right and left) were critical of the employer mandate provision.[269][281] They argued that the perverse incentives regarding part-time hours, even if they did not change existing plans, were real and harmful;[283][284] that the raised marginal cost of the 50th worker for businesses could limit companies’ growth;[285] that the costs of reporting and administration were not worth the costs of maintaining employer plans;[283][284] and noted that the employer mandate was not essential to maintain adequate risk pools.[286][287] The effects of the provision generated vocal opposition from business interests and some unions not granted exemptions.[284][288]

A 2013/4 survey by the National Association for Business Economics found that about 75 percent of those surveyed said ACA hadn’t influenced their planning or expectations for 2014, and 85 percent said the law wouldn’t prompt a change in their hiring practices. Some 21 percent of 64 businesses surveyed said that the act would have a harmful effect and 5 percent said it would be beneficial.[289]

Hospitals

From the start of 2010 to November 2014, 43 hospitals in rural areas closed. Critics claimed that the new law caused these hospitals to close. Many of these rural hospitals were built using funds from the 1946 Hill–Burton Act, to increase access to medical care in rural areas. Some of these hospitals reopened as other medical facilities, but only a small number operated emergency rooms (ER) or urgent care centers.[290]

Between January 2010 and 2015, a quarter of emergency room doctors said they had seen a major surge in patients, while nearly half had seen a smaller increase. Seven in ten ER doctors claimed that they lacked the resources to deal with large increases in the number of patients. The biggest factor in the increased number of ER patients was insufficient primary care providers to handle the larger number of insured patients.[291]

Insurers claimed that because they have access to and collect patient data that allow evaluations of interventions, they are essential to ACO success. Large insurers formed their own ACOs. Many hospitals merged and purchased physician practices. The increased market share gave them more leverage in negotiations with insurers over costs and reduced patient care options.[115]

Public opinion

Prior to the law’s passage, polling indicated the public’s views became increasingly negative in reaction to specific plans discussed during the legislative debate over 2009 and 2010. Polling statistics showed a general negative opinion of the law; with those in favor at approximately 40% and those against at 51%, as of October 2013.[292][293] About 29% of whites approve of the law, compared with 61% of Hispanics and 91% of African Americans.[294]Opinions were divided by age of the person at the law’s inception, with a solid majority of seniors opposing the bill and a solid majority of those younger than forty years old in favor.[295]

Congressional Democrats celebrating the 6th anniversary of the Affordable Care Act in March 2016 on the steps of the U.S. Capitol.

Congressional Democrats celebrating the 6th anniversary of the Affordable Care Act in March 2016 on the steps of the U.S. Capitol.

Specific elements were popular across the political spectrum, while others, such as the mandate to purchase insurance, were widely disliked. In a 2012 poll 44% supported the law, with 56% against. By party affiliation, 75% of Democrats, 27% of Independents and 14% of Republicans favored the law overall. 82% favored banning insurance companies from denying coverage to people with pre-existing conditions, 61% favored allowing children to stay on their parents’ insurance until age 26, 72% supported requiring companies with more than 50 employees to provide insurance for their employees, and 39% supported the individual mandate to own insurance or pay a penalty. By party affiliation, 19% of Republicans, 27% of Independents, and 59% of Democrats favored the mandate.[296] Other polls showed additional provisions receiving majority support, including the creation of insurance exchanges, pooling small businesses and the uninsured with other consumers so that more people can take advantage of large group pricing benefits and providing subsidies to individuals and families to make health insurance more affordable.[297][298]

In a 2010 poll, 62% of respondents said they thought ACA would “increase the amount of money they personally spend on health care”, 56% said the bill “gives the government too much involvement in health care”, and 19% said they thought they and their families would be better off with the legislation.[299] Other polls found that people were concerned that the law would cost more than projected and would not do enough to control costs.[300]

Some opponents believed that the reform did not go far enough: a 2012 poll indicated that 71% of Republican opponents rejected it overall, while 29% believed it did not go far enough; independent opponents were divided 67% to 33%; and among the much smaller group of Democratic opponents, 49% rejected it overall and 51% wanted more.[296] In June 2013, a majority of the public (52–34%) indicated a desire for “Congress to implement or tinker with the law rather than repeal it”.[301] After the Supreme Court upheld the individual mandate, a 2012 poll held that “most Americans (56%) want to see critics of President Obama’s health care law drop efforts to block it and move on to other national issues”.[302]A 2014 poll reported that 48.9% of respondents had an unfavorable view of ACA vs. 38.3% who had a favorable view (of more than 5,500 individuals).[303]

A 2014 poll reported that 26% of Americans support ACA.[304] Another held that 8% of respondents say that the Affordable Care Act “is working well the way it is”.[305] In late 2014, a Rasmussen poll reported Repeal: 30%, Leave as is: 13%, Improve: 52%, i.e., 65% wanted to leave ACA alone or improve upon it.[306]

In 2015, a CBS News / New York Times poll reported that 47% of Americans approved the health care law. This was the first time that a major poll indicated that more respondents approved ACA than disapproved of it.[307] The recurring Kaiser Health Tracking Poll from December 2016 reported that: a) 30% wanted to expand what the law does; b) 26% wanted to repeal the entire law; c) 19% wanted to move forward with implementing the law as it is; and d) 17% wanted to scale back what the law does, with the remainder undecided.[308]

Separate polls from Fox News and NBC/WSJ both taken during January 2017 indicated more people viewed the law favorably than did not for the first time. One of the reasons for the improving popularity of the law is that Democrats who opposed it in the past (many prefer a “Medicare for All” approach) have shifted their positions since the ACA is under threat of repeal.[309]

A January 2017 Morning Consult poll showed that 35% of respondents either believed that Obamacare and the Affordable Care Act were different or did not know.[310] Approximately 45% were unsure whether the repeal of Obamacare also meant the repeal of the Affordable Care Act.[310] 39% did not know that “many people would lose coverage through Medicaid or subsidies for private health insurance if the A.C.A. were repealed and no replacement enacted,” with Democrats far more likely (79%) to know that fact than Republicans (47%).[310]

A 2017 study found that personal experience with public health insurance programs leads to greater support for the Affordable Care Act, and the effects appear to be most pronounced among Republicans and low-information voters.[311]

Political aspects

“Obamacare”

The term “Obamacare” was originally coined by opponents as a pejorative. The term emerged in March 2007 when healthcare lobbyist Jeanne Schulte Scott used it in a health industry journal, writing “We will soon see a ‘Giuliani-care’ and ‘Obama-care’ to go along with ‘McCain-care’, ‘Edwards-care’, and a totally revamped and remodeled ‘Hillary-care‘ from the 1990s”.[9][312] According to research by Elspeth Reeve, the expression was used in early 2007, generally by writers describing the candidate’s proposal for expanding coverage for the uninsured.[313] It first appeared in a political campaign by Mitt Romney in May 2007 in Des Moines, Iowa. Romney said, “In my state, I worked on healthcare for some time. We had half a million people without insurance, and I said, ‘How can we get those people insured without raising taxes and without having government take over healthcare?’ And let me tell you, if we don’t do it, the Democrats will. If the Democrats do it, it will be socialized medicine; it’ll be government-managed care. It’ll be what’s known as Hillarycare or Barack Obamacare, or whatever you want to call it.”[9]

By mid-2012, Obamacare had become the colloquial term used by both supporters and opponents. In contrast, the use of “Patient Protection and Affordable Care Act” or “Affordable Care Act” became limited to more formal and official use.[313] Use of the term in a positive sense was suggested by Democrat John Conyers.[314] Obama endorsed the nickname, saying, “I have no problem with people saying Obama cares. I do care.”[315]

In March 2012, the Obama reelection campaign embraced the term “Obamacare”, urging Obama’s supporters to post Twitter messages that begin, “I like #Obamacare because…”.[316]

In October 2013 the Associated Press and NPR began cutting back on use of the term.[317] Stuart Seidel, NPR’s managing editor, said that the term “seems to be straddling somewhere between being a politically-charged term and an accepted part of the vernacular”.[318]

Common misconceptions

“Death panels”

Main article: Death panel

On August 7, 2009, Sarah Palin pioneered the term “death panels” to describe groups that would decide whether sick patients were “worthy” of medical care.[319] “Death panel” referred to two claims about early drafts.

One was that under the law, seniors could be denied care due to their age[320] and the other that the government would advise seniors to end their lives instead of receiving care. The ostensible basis of these claims was the provision for an Independent Payment Advisory Board (IPAB).[321] IPAB was given the authority to recommend cost-saving changes to Medicare by facilitating the adoption of cost-effective treatments and cost-recovering measures when the statutory levels set for Medicare were exceeded within any given 3-year period. In fact, the Board was prohibited from recommending changes that would reduce payments to certain providers before 2020, and was prohibited from recommending changes in premiums, benefits, eligibility and taxes, or other changes that would result in rationing.[322][323]

The other related issue concerned advance-care planning consultation: a section of the House reform proposal would have reimbursed physicians for providing patient-requested consultations for Medicare recipients on end-of-life health planning (which is covered by many private plans), enabling patients to specify, on request, the kind of care they wished to receive.[324] The provision was not included in ACA.[325]

In 2010, the Pew Research Center reported that 85% of Americans were familiar with the claim, and 30% believed it was true, backed by three contemporaneous polls.[326] A poll in August 2012 found that 39% of Americans believed the claim.[327] The allegation was named PolitiFact‘s “Lie of the Year”,[319][328] one of FactCheck.org‘s “whoppers”[329][330] and the most outrageous term by the American Dialect Society.[331]AARP described such rumors as “rife with gross—and even cruel—distortions”.[332]

Members of Congress

ACA requires members of Congress and their staffs to obtain health insurance either through an exchange or some other program approved by the law (such as Medicare), instead of using the insurance offered to federal employees (the Federal Employees Health Benefits Program).[333][334][335][336][337]

Illegal immigrants

ACA does not provide benefits to illegal immigrants.[338] It explicitly denies insurance subsidies to “unauthorized (illegal) aliens”.[25][26][339]

Exchange “death spiral”

One argument against the ACA is that the insurers are leaving the marketplaces, as they cannot profitably cover the available pool of customers, which contains too many unhealthy participants relative to healthy participants. A scenario where prices rise, due to an unfavorable mix of customers from the insurer’s perspective, resulting in fewer customers and fewer insurers in the marketplace, further raising prices, has been called a “Death Spiral.”[340]During 2017, the median number of insurers offering plans on the ACA exchanges in each state was 3.0, meaning half the states had more and half had fewer insurers. There were five states with one insurer in 2017; 13 states with two; 11 states with three; and the remainder had four insurers or more. Wisconsin had the most, with 15 insurers in the marketplace. The median number of insurers was 4.0 in 2016, 5.0 in 2015, and 4.0 in 2014.[341]

Further, the CBO reported in January 2017 that it expected enrollment in the exchanges to rise from 10 million during 2017 to 13 million by 2027, assuming laws in place at the end of the Obama administration were continued.[342] Following a 2015 CBO report that reached a similar conclusion, Paul Krugman wrote: “But the truth is that this report is much, much closer to what supporters of reform have said than it is to the scare stories of the critics–no death spirals, no job-killing, major gains in coverage at relatively low cost.”[343]

Opposition

Opposition and efforts to repeal the legislation have drawn support from sources that include labor unions,[344][345]conservative advocacy groups,[346][347] Republicans, small business organizations and the Tea Party movement.[348] These groups claimed that the law would disrupt existing health plans, increase costs from new insurance standards, and increase the deficit.[349] Some opposed the idea of universal healthcare, viewing insurance as similar to other unsubsidized goods.[350][351] President Donald Trump has repeatedly promised to “repeal and replace” it.[352][353]

As of 2013 unions that expressed concerns about ACA included the AFL-CIO,[354] which called ACA “highly disruptive” to union health care plans, claiming it would drive up costs of union-sponsored plans; the International Brotherhood of Teamsters, United Food and Commercial Workers International Union, and UNITE-HERE, whose leaders sent a letter to Reid and Pelosi arguing, ” ACA will shatter not only our hard-earned health benefits, but destroy the foundation of the 40-hour work week that is the backbone of the American middle class.”[345] In January 2014, Terry O’Sullivan, president of the Laborers’ International Union of North America (LIUNA) and D. Taylor, president of Unite Here sent a letter to Reid and Pelosi stating, “ACA, as implemented, undermines fair marketplace competition in the health care industry.”[344]

In October 2016, Mark Dayton, the governor of Minnesota and a member of the Minnesota Democratic–Farmer–Labor Party, said that the ACA had “many good features” but that it was “no longer affordable for increasing numbers of people” and called on the Minnesota legislature to provide emergency relief to policyholders.[355] Dayton later said he regretted his remarks after they were seized on by Republicans seeking to repeal the law.[356]

Legal challenges

National Federation of Independent Business v. Sebelius

Opponents challenged ACA’s constitutionality in multiple lawsuits on multiple grounds.[357][358][not in citation given] In National Federation of Independent Business v. Sebelius, the Supreme Court ruled on a 5–4 vote that the individual mandate was constitutional when viewed as a tax, although not under the Commerce Clause.

The Court further determined that states could not be forced to participate in the Medicaid expansion. ACA withheld all Medicaid funding from states declining to participate in the expansion. The Court ruled that this withdrawal of funding was unconstitutionally coercive and that individual states had the right to opt out without losing preexisting Medicaid funding.[359]

Contraception mandate

In March 2012 the Roman Catholic Church, while supportive of ACA’s objectives, voiced concern through the United States Conference of Catholic Bishops that aspects of the mandate covering contraception and sterilization and HHS‘s narrow definition of a religious organization violated the First Amendment right to free exercise of religion and conscience. Various lawsuits addressed these concerns.[360][361]

On June 25, 2015, the U.S. Supreme Court ruled 6–3 that federal subsidies for health insurance premiums could be used in the 34 states that did not set up their own insurance exchanges.[362]

House v. Burwell

In United States House of Representatives v. Burwell the House sued the administration alleging that the money for premium subsidy payments to insurers had not been appropriated, as required for any federal government spending. The Obamacare subsidy that helps customers pay premiums was not part of the suit. Without the cost-sharing subsidies, the government estimated that premiums would increase by 20 percent to 30 percent for silver plans.[363]

Non-cooperation

Officials in Texas, Florida, Alabama, Wyoming, Arizona, Oklahoma and Missouri opposed those elements of ACA over which they had discretion.[364][365] For example, Missouri declined to expand Medicaid or establish a health insurance marketplace engaging in active non-cooperation, enacting a statute forbidding any state or local official to render any aid not specifically required by federal law.[366] Other Republican politicians discouraged efforts to advertise the benefits of the law. Some conservative political groups launched ad campaigns to discourage enrollment.[367][368]

Repeal efforts

ACA was the subject of unsuccessful repeal efforts by Republicans in the 111th, 112th, and 113th Congresses: Representatives Steve King (R-IA) and Michele Bachmann (R-MN) introduced bills in the House to repeal ACA the day after it was signed, as did Senator Jim DeMint (R-SC) in the Senate.[369] In 2011, after Republicans gained control of the House of Representatives, one of the first votes held was on a bill titled “Repealing the Job-Killing Health Care Law Act” (H.R. 2), which the House passed 245–189.[370] All Republicans and 3 Democrats voted for repeal.[371] House Democrats proposed an amendment that repeal not take effect until a majority of the Senators and Representatives had opted out of the Federal Employees Health Benefits Program; Republicans voted down the measure.[372] In the Senate, the bill was offered as an amendment to an unrelated bill, but was voted down.[373] President Obama had stated that he would have vetoed the bill even if it had passed both chambers of Congress.[374]

2017 House Budget

Following the 2012 Supreme Court ruling upholding ACA as constitutional, Republicans held another vote to repeal the law on July 11;[375] the House of Representatives voted with all 244 Republicans and 5 Democrats in favor of repeal, which marked the 33rd, partial or whole, repeal attempt.[376][377] On February 3, 2015, the House of Representatives added its 67th repeal vote to the record (239 to 186). This attempt also failed.[378]

2013 federal government shutdown

Strong partisan disagreement in Congress prevented adjustments to the Act’s provisions.[379] However, at least one change, a proposed repeal of a tax on medical devices, has received bipartisan support.[380] Some Congressional Republicans argued against improvements to the law on the grounds they would weaken the arguments for repeal.[284][381]

Republicans attempted to defund its implementation,[365][382] and in October 2013, House Republicans refused to fund the federal government unless accompanied with a delay in ACA implementation, after the President unilaterally deferred the employer mandate by one year, which critics claimed he had no power to do. The House passed three versions of a bill funding the government while submitting various versions that would repeal or delay ACA, with the last version delaying enforcement of the individual mandate. The Democratic Senate leadership stated the Senate would only pass a “clean” funding bill without any restrictions on ACA. The government shutdown began on October 1.[383][384][385] Senate Republicans threatened to block appointments to relevant agencies, such as the Independent Payment Advisory Board[386] and Centers for Medicare and Medicaid Services.[387][388]

2017 repeal effort

During a midnight congressional session starting January 11, 2017, the Senate of the 115th Congress of the United States voted to approve a “budget blueprint” which would allow Republicans to repeal parts of the law “without threat of a Democraticfilibuster.”[389][390] The plan, which passed 51-48 is a budget blueprint named by Senate Republicans the “Obamacare ‘repeal resolution.'”[391] Democrats opposing the resolution staged a protest during the vote.[392]

House Republicans announced their replacement for the ACA, the American Health Care Act, on March 6, 2017.[393] On March 24, 2017 the effort, led by Paul Ryan and Donald Trump, to repeal and replace the ACA failed amid a revolt among Republican representatives.[394]

Implementation history

Once the law was signed, provisions began taking effect, in a process that continued for years. Some provisions never took effect, while others were deferred for various periods.

Existing individual health plans

Plans purchased after the date of enactment, March 23, 2010, or old plans that changed in specified ways would eventually have to be replaced by ACA-compliant plans.[citation needed]

At various times during and after the ACA debate, Obama stated that “if you like your health care plan, you’ll be able to keep your health care plan”.[395][396] However, in fall 2013 millions of Americans with individual policies received notices that their insurance plans were terminated,[397] and several million more risked seeing their current plans cancelled.[398][399][400]

Obama’s previous unambiguous assurance that consumers’ could keep their own plans became a focal point for critics, who challenged his truthfulness.[401][402] On November 7, 2013, President Obama stated: “I am sorry that [people losing their plans] are finding themselves in this situation based on assurances they got from me.”[403] Various bills were introduced in Congress to allow people to keep their plans.[404]

In the fall of 2013, the Obama Administration announced a transitional relief program that would let states and carriers allow non-compliant individual and small group policies to renew at the end of 2013. In March 2014, HHS allowed renewals as late as October 1, 2016. In February 2016, these plans were allowed to renew up until October 1, 2017, but with a termination date no later than December 31, 2017.[citation needed]

2010

In June small business tax credits took effect. For certain small businesses, the credits reached up to 35% of premiums. At the same time uninsured people with pre-existing conditions could access the federal high-risk pool. Also, participating employment-based plans could obtain reimbursement for a portion of the cost of providing health insurance to early retirees.[405]

In July the Pre-Existing Condition Insurance Plan (PCIP) took effect to offer insurance to those that had been denied coverage by private insurance companies because of a pre-existing condition. Despite estimates of up to 700,000 enrollees, at a cost of approximately $13,000/enrollee, only 56,257 enrolled at a $28,994 cost per enrollee.[405]

2011

As of September 23, 2010, pre-existing conditions could no longer be denied coverage for children’s policies. HHS interpreted this rule as a mandate for “guaranteed issue“, requiring insurers to issue policies to such children.[citation needed] By 2011, insurers had stopped marketing child-only policies in 17 states, as they sought to escape this requirement.[406]

The average beneficiary in the prior coverage gap would have spent $1,504 in 2011 on prescriptions. Such recipients saved an average $603. The 50 percent discount on brand name drugs provided $581 and the increased Medicare share of generic drug costs provided the balance. Beneficiaries numbered 2 million[407]

2012

In National Federation of Independent Business v. Sebelius decided on June 28, 2012, the Supreme Court ruled that the individual mandate was constitutional when the associated penalties were construed as a tax. The decision allowed states to opt out of the Medicaid expansion. Several did so,[408] although some later accepted the expansion.[409]

2013

In January 2013 the Internal Revenue Service ruled that the cost of covering only the individual employee would be considered in determining whether the cost of coverage exceeded 9.5% of income. Family plans would not be considered even if the cost was above the 9.5% income threshold. This was estimated to leave 2–4 million Americans unable to afford family coverage under their employers’ plans and ineligible for subsidies.[410][411]

A June 2013 study found that the MLR provision had saved individual insurance consumers $1.2 billion in 2011 and $2.1 billion in 2012, reducing their 2012 costs by 7.5%.[412] The bulk of the savings were in reduced premiums, but some came from MLR rebates.

On July 2, 2013, the Obama Administration announced that it would delay the implementation of the employer mandate until 2015.[281][413][414]

The Community Living Assistance Services and Supports Act (or CLASS Act) was enacted as Title VIII of Obamacare. It would have created a voluntary and public long-term care insurance option for employees.[121][123] In October 2011 the administration announced it was unworkable and would be dropped.[415] The CLASS Act was repealed January 1, 2013.[416]

The launch for both the state and federal exchanges was troubled due to management and technical failings. HealthCare.gov, the website that offers insurance through the exchanges operated by the federal government, crashed on opening and suffered endless problems.[417] Operations stabilized in 2014, although not all planned features were complete.[418][419]

CMS reported in 2013 that, while costs per capita continued to rise, the rate of increase in annual healthcare costs had fallen since 2002. Per capita cost increases averaged 5.4% annually between 2000 and 2013. Costs relative to GDP, which had been rising, had stagnated since 2009.[420] Several studies attempted to explain the reductions. Reasons included:

  • Higher unemployment due to the 2008-2010 recession, which limited the ability of consumers to purchase healthcare;
  • Out-of-pocket costs rose, reducing demand for healthcare services.[421] The proportion of workers with employer-sponsored health insurance requiring a deductible climbed to about three-quarters in 2012 from about half in 2006.[224]
  • ACA changes[224] that aim to shift the healthcare system from paying-for-quantity to paying-for-quality. Some changes occurred due to healthcare providers acting in anticipation of future implementation of reforms.[120][225]

2014

On July 30, 2014, the Government Accountability Office released a non-partisan study that concluded that the administration did not provide “effective planning or oversight practices” in developing the website.[422]

In Burwell v. Hobby Lobby the Supreme Court exempted closely held corporations with religious convictions from the contraception rule.[423] In Wheaton College vs Burwell the Court issued an injunction allowing the evangelical college and other religiously affiliated nonprofit groups to completely ignore the contraceptive mandate.[424]

A study found that average premiums for the second-cheapest silver plan were 10-21% less than average individual market premiums in 2013, while covering many more conditions. Credit for the reduced premiums was attributed to increased competition stimulated by the larger market, greater authority to review premium increases, the MLR and risk corridors.[citation needed]

Many of the initial plans featured narrow networks of doctors and hospitals.[425][not in citation given]

A 2016 analysis found that health care spending by the middle class was 8.9% of household spending in 2014.[426]

2015

By the beginning of the year, 11.7 million had signed up (ex-Medicaid).[427] On December 31, 2015, about 8.8 million consumers had stayed in the program. Some 84 percent, or about 7.4 million, were subsidized.[428]

Bronze plans were the second most popular in 2015, making up 22% of marketplace plan selections. Silver plans were the most popular, accounting for 67% of marketplace selections. Gold plans were 7%. Platinum plans accounted for 3%. On average across the four metal tiers, premiums were up 20% for HMOs and 18% for EPOs. Premiums for POS plans were up 15% from 2015 to 2016, while PPO premiums were up just 8%.[citation needed]

A 2015 study found 14% of privately insured consumers received a medical bill in the past two years from an out-of-network provider in the context of an overall in-network treatment event. Such out-of-network care is not subject to the lower negotiated rates of in-network care, increasing out-of-pocket costs. Another 2015 study found that the average out-of-network charges for the majority of 97 medical procedures examined “were 300% or higher compared to the corresponding Medicare fees” for those services.[citation needed]

Some 47% of the 2015 ACA plans sold on the Healthcare.gov exchange lacked standard out-of-network coverage. Enrollees in such plans, typically received no coverage for out-of-network costs (except for emergencies or with prior authorization). A 2016 study on Healthcare.gov health plans found a 24 percent increase in the percentage of ACA plans that lacked standard out-of-network coverage.[citation needed]

The December spending bill delayed the onset of the “Cadillac tax” on expensive insurance plans by two years, until 2020.[429]

The average price of non-generic drugs rose 16.2% in 2015 and 98.2% since 2011.[426]

2016

As of March 2016 11.1 million people had purchased exchange plans,[citation needed] while an estimated 9 million to 10 million people had gained Medicaid coverage, mostly low-income adults.[207] 11.1 million were still covered, a decline of nearly 13 percent.[430] 6.1 million uninsured 19-25 year olds gained coverage.[431]

Employers

A survey of New York businesses found an increase of 8.5 percent in health care costs, less than the prior year’s survey had expected. A 10 percent increase was expected for 2017. Factors included increased premiums, higher drug costs, ACA and aging workers. Some firms lowered costs by increasing cost-sharing (for higher employee contributions, deductibles and co-payments). 60% planned to further increase cost-sharing. Coverage and benefits were not expected to change. Approximately one fifth said ACA had pushed them to reduce their workforce. A larger number said they were raising prices.[432]

Insurers

The five major national insurers expected to lose money on ACA policies in 2016.[433] UnitedHealth withdrew from the Georgia and Arkansas exchanges for 2017, citing heavy losses.[204] Humana exited other markets, leaving it operating in 156 counties in 11 states for 2017.[434] 225 counties across the country had access to only a single ACA insurer. A study released in May estimated that 664 counties would have one insurer in 2017.[435][not in citation given]

Aetna cancelled planned expansion of its offerings and following an expected $300 million loss in 2016 and then withdrew from 11 of its 15 states.[436] In August 2016 Anthem said that its offerings were losing money, but also that it would expand its participation if a pending merger with Cigna was approved.[437] Aetna and Humana’s exit for 2017 left 8 rural Arizona counties with only Blue Cross/Blue Shield.[438]

Blue Cross/Blue Shield Minnesota announced that it would exit individual and family markets in Minnesota in 2017, due to financial losses of $500 million over three years.[439]

Another analysis found that 17 percent of eligibles may have a single insurer option in 2017. North Carolina, Oklahoma, Alaska, Alabama, South Carolina and Wyoming were expected to have a single insurer,[440] while only 2 percent of 2016 eligibles had only one choice.[441]

Aetna, Humana, UnitedHealth Group also exited various individual markets. Many local Blue Cross plans sharply narrowed their networks. In 2016 two thirds of individual plans were narrow-network HMO plans.[425]

One of the causes of insurer losses is the lower income, older and sicker enrollee population. One 2016 analysis reported that while 81% of the population with incomes from 100-150% of the federal poverty level signed up, only 45% of those from 150-200% did so. The percentage continued to decline as income rose: 2% of those above 400% enrolled.[442]

Costs

The law is designed to pay subsidies in the form of tax credits to the individuals or families purchasing the insurance, based on income levels. Higher income consumers receive lower subsidies. While pre-subsidy prices rose considerably from 2016 to 2017, so did the subsidies, to reduce the after-subsidy cost to the consumer. For example, a study published in 2016 found that the average requested 2017 premium increase among 40-year-old non-smokers was about 9 percent, according to an analysis of 17 cities, although Blue Cross Blue Shield proposed increases of 40 percent in Alabama and 60 percent in Texas.[221] However, some or all of these costs are offset by subsidies, paid as tax credits. For example, the Kaiser Foundation reported that for the second-lowest cost “Silver plan” (a plan often selected and used as the benchmark for determining financial assistance), a 40-year old non-smoker making $30,000 per year would pay effectively the same amount in 2017 as they did in 2016 (about $208/month) after the subsidy/tax credit, despite large increases in the pre-subsidy price. This was consistent nationally. In other words, the subsidies increased along with the pre-subsidy price, fully offsetting the price increases.[222]

Cooperatives

The number of ACA nonprofit insurance cooperatives for 2017 fell from 23 originally to 7 for 2017. The remaining 7 posted annual losses in 2015. A General Accountability Report found that co-ops’ 2015 premiums were generally below average. At the end of 2014, money co-ops and other ACA insurers had counted on risk corridor payments that didn’t materialize. Maryland’s Evergreen Health claims that ACA’s risk-adjustment system does not adequately measure risk.[citation needed]

Medicaid

Newly elected Louisiana Governor John Bel Edwards issued an executive order to accept the expansion, becoming the 32nd state to do so. The program was expected to enroll an additional 300,000 Louisianans.[443]

2017

More than 9.2 million people signed up for care on the national exchange (healthcare.gov) for 2017, down some 400,000 from 2016. This decline was due primarily to the election of President Trump, who pulled advertising encouraging people to signup for coverage, issued an executive order that attempts to eliminate the mandate, and has created significant uncertainty about the future of the ACA. Enrollments had been running ahead of 2016 prior to President Obama leaving office, with 9.8 million expected to sign-up, so President Trump’s actions potentially cost about 600,000 national enrollments (i.e., 9.8 million expected – 9.2 million actual = 0.6 million impact).[444]Of the 9.2 million, 3.0 million were new customers and 6.2 million were returning. The 9.2 million excludes the 11 states that run their own exchanges, which have signed up around 3 million additional people.[444] These figures also exclude the additional coverage due to the Medicaid expansion, which covers another approximately 10 million persons, as described in the impact section above.

In February, Humana announced that it would withdraw from the individual insurance market in 2018, citing “further signs of an unbalanced risk pool.”[445] That month the IRS announced that it would not require that tax returns indicate that a person has health insurance, reducing the effectiveness of the individual mandate, in response to an executive order from President Donald Trump.[446]

Aetna CEO Mark Bertolini stated that ACA was in a “death spiral” of escalating premiums and shrinking, skewed enrollment.[447] However, a U.S. judge found that the Aetna CEO misrepresented why his company was leaving the exchanges; an important part of the reason was the Justice Department’s opposition to the intended merger between Aetna and Humana. Aetna actually pulled out of states where it was making money on the exchanges, while remaining in some states where it was not.[448] Further, the CBO reported in March 2017 that the healthcare exchanges were expected to be stable; i.e., they were not in a “death spiral.”[449]

Molina Healthcare, a major Medicaid provider, said that it was considering exiting some markets in 2018, citing “too many unknowns with the marketplace program.” Molina lost $110 million in 2016 due to having to contribute $325 million more than expected to the ACA “risk transfer” fund that compensated insurers with unprofitable risk pools. These pools were establish to help prevent insurers from artificially selecting lower-risk pools.[450]

https://en.wikipedia.org/wiki/Patient_Protection_and_Affordable_Care_Act

 

Story 2: Obama Administration Spied On American Citizens Including Trump and Trump Team — Obama Scandal Far Worse Than Nixon’s Cover-up of Watergate Break-in — Legacy Fading Fast — Grand Jury Should Be Impaneled Now! — Videos

Krauthammer analyzes the fallout over the Trump-Russia probe

WH points to new surveillance info amid growing questions

Hannity 3⁄31⁄17 ¦ HANNITY Fox News March 31, 2017

BREAKING NEWS The O’reilly Factor 3⁄31⁄17 ¦ Bill O’reilly Fox News March 31, 2017

Lou Dobbs Tonight 3⁄31⁄17 ¦ Fox Business ¦ March 31, 2017

Former Obama official floundering in her own lies. Evelyn Farkas is so Farked

Surveillance Confirmed Of President Trump. Obama spied on Trump. where is the arrest?

Obama Official Admits They Were Surveilling Trump & His Team, Unmasking Names & Leaking Intel

Nunes Overkill and Schizophrenic Russophobic Frothing Continue

HUGE: Obama SCREAMS LIKE A BABY After Being Refused Meeting With Trump at White House

Judge Napolitano is back: GCHQ British spying on behalf of Obama is real

Obama went to British intelligence to spy on Trump says Judge Napolitano

HUGE: Trump Calls Dems’ Bluff, Comes Forward With Evidence Obama Spied on Him.

Team Obama Gets Caught Committing Political Espionage, Spying on Trump & His Team

Obama may be subpoenaed over Trump’s wiretapping

Rep. Devin Nunes: Obama Officials Face Five Years In Prison For Trump Wiretap(VIDEO)!!

Obama is SCREWED! The NSA Just Released the SMOKING GUN Trump Was Waiting For!

OBAMA CONDUCTED INCIDENTAL SURVEILLANCE ON TRUMP COMMUNICATIONS

NSA Whistleblower Bill Binney on Tucker Carlson 03.24.2017

CIA Whistleblower Larry C. Johnson About Trump Wiretapping And CIA Control Of The Media

Tucker Carlson : Did Obama Admin Spy On President Trump’s Team “Compelling Evidence Revealed”

NSA WHISTLEBLOWER SAYS TRUMP WAS WIRETAPPED AND MONITORED

Worse Than Watergate: Obama Ordered Wiretaps of Trump’s Campaign

The Truth About Saul Alinsky’s Rules for Radicals

Rules for Radicals: What Constitutional Conservatives Should Know About Saul Alinsky

Obama, Saul Alinsky connection, dedication to lucifer?

The Untold Story of Barack Obama’s Mentor

Judge Napolitano: For the first Time in Modern Era We Have President Who Is Adversary of Deep State

Napolitano: Why Hillary lost

Minute Speech that Got Judge Napolitano Fired from Fox News

BREAKING: Obama SCREAMS LIKE A BABY After Being Refused A Meeting With Trump At The White House

Four Secret Service agents and two United States Marines had a good laugh earlier today when Barack Obama showed up unannounced at the White House, demanding a meeting with President Trump. At first, the former president just nodded and waved and started walking through the door at the ellipse like he owned the place until he came face to face with Agent Brock Neidemeir, who used to serve on his detail.

After a short discussion, Neidemyer agreed to call down to the Oval Office and was told by Trump’s secretary Rosalita that he wasn’t welcome and that Trump had no time for him. Obama, being the sore loser that he is, started stomping around like a baby and demanding he be allowed in. People as far away as the south gate could hear him whining.

There’s no telling why Obama felt the need to show up at the White House or why he thought he could just waltz right in like he owned the place. One thing is for sure: Trump isn’t going to allow someone who knows how to do his job that much better than him come down the halls of the West Wing to show him up. He has real issues to deal with.

http://thelastlineofdefense.org/breaking-obama-screams-like-a-baby-after-being-refused-a-meeting-with-trump-at-the-white-house/

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The Pronk, 2017, March 30, 2017, Breaking News — Story 1: Trump White House To Provide Documents of Unmasking of Americans Citizens (Trump and Trump Team) By Obama Administration National Security Agency Foreign Intelligence Surveillance — The Smoking Gun — NSA Documents with Dr. Evelyn Farkas Lets The Cat Out of The Bag — Exploding Obamagate Scandal — Videos — Story 2: Real Republicans Support Real Repeal & Replacement of Obamacare vs. Fake Republicans Support Fake Repeal & Replacement — Republican Voters Expect And Vote For Real Republicans Not Fake Republicans In Name Only (RINOs) or Liberal/Progressive Democrats — Videos — Story 3: Independence Party Coming Soon — Videos —

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Breaking News — Story 1: Trump White House To Provide Documents of Unmasking of Americans Citizens (Trump and Trump Team) By Obama Administration National Security Agency Foreign  Intelligence Surveillance — The Smoking Gun — NSA Documents with Dr. Evelyn Farkas Lets The Cat Out of The Bag — Exploding Obamagate Scandal  —  Videos — 

Image result for obama warrantless searches poster spying on trumpImage result for Evelyn FarkasImage result for trump tweet house freedom caucus

Who Is Evelyn Farkas? – Worked In Obama Admin; Was Advisor To Hillary R. Clinton – Fox & Friends

Evelyn Farkas on MSNBC, 3/2/17

MARK LEVIN: Interview Between Mika And Evelyn Farkas On Trump Spying Is A SMOKING GUN

LIMBAUGH: ‘Tunnel Visioned Ideologue’ Evelyn Farkas May Have Outed Herself As Source Of Leaks

Obama Aide Evelyn Farkas Confessed “Barack Ordered Us To SPY On Trump For Political Purposes(VIDEO)!

Smoking Gun That Obama Administration Wiretapped On Trump?

Yes, Obama was spying on Trump. 2nd Intelligence Committee member comes forward. “shameful”

Tucker Carlson Tonight || Devin Nunes RESPONDS & EXPOSED Democrats – James Comey Wiretapping RUSSIA

Rep. Devin Nunes explains White House visit (Entire CNN interview)

Rep. Peter King On Trump Team Swept Up In Surveillance Of Foreigners

White House invites Congress investigation leaders to view documents March, 30,2017

Priebus: WH Will Look Into Evelyn Farkas Story; Almost Too Incredible To Be True

White House chief of staff Reince Priebus joins Hugh Hewitt for a Thursday morning interview.

One of the subjects touched on is the story of Evelyn Farkas, formerly the Defense Department’s top Russia expert under President Obama who is now calling for an independent investigation of the president’s ties to Moscow.

This week, conservative media has noticed an interview she did on MSNBC’s ‘Morning Joe’ on March 2nd, 2017 where Farkas appears to happily admit that she was repsonsible for leaking sensitive information about what parts of the government might have spied on President-elect Trump and his Trump Tower. Fox News ran a story on this titled: Former Obama official discloses rush to get intelligence on Trump team

The Farkas statement in question: “I had a fear that somehow that information would disappear with the senior [Obama] people who left, so it would be hidden away in the bureaucracy … that the Trump folks – if they found out how we knew what we knew about their … the Trump staff dealing with Russians – that they would try to compromise those sources and methods, meaning we no longer have access to that intelligence.”

Note: The Farkas clip originally aired on March 2. President Trump’s infamous ‘wiretap’ tweet came two days later:

Terrible! Just found out that Obama had my “wires tapped” in Trump Tower just before the victory. Nothing found. This is McCarthyism!

White House chief of staff Reince Priebus responded Thursday morning: “That’s incredible.”

“It certainly is an incredible comment, although I don’t want to add too much into it right now until I have an opportunity to sort of dig into it and figure out the scope of such a statement… It’s just an incredible statement, you know, and how, what it means and what she meant by that, and whether that has anything to do with the issues in regard to surveillance of Trump transition team members is something that we need to figure out this morning and throughout the day.”

“I hope that the intelligence committees and agencies are interested,” he also said.

Radio hosts Sean Hannity…

…and Mark Levin both mentioned the story Wednesday afternoon…

The original clip from MSNBC’s ‘Morning Joe’:

“That’s why you have the leaking!” Farkas says in the clip.

“A personal reaction is it’s, it’s almost, it’s so cavalier and unbelievable that I just wonder whether this person knows what the heck she’s talking about. I mean, you know what I’m saying?” Priebus added.

Transcript of the Priebus interview, courtesy of the Hugh Hewitt Show:

HUGH HEWITT: A news story came up last night, Mr. Priebus. Evelyn Farkas, former assistant deputy secretary of Defense a few days ago was on with Morning Joe, and talking to Mika about the end game during the Obama years. She said this, the 30 second clip:

EVELYN FARKAS: …that the Trump folks, if they found out how we knew what we knew about their, the staff, the Trump staff’s dealing with Russians, that they would try to compromise those sources and methods, meaning we would no longer have access to that intelligence. So I became very worried, because not enough was coming out into the open, and I knew that there was more. We have very good intelligence on Russia. So then I had talked to some of my former colleagues, and I knew that they were trying to also help get information to the Hill.

HH: So Mr. Priebus, I put two clips together.

REINCE PRIEBUS, TRUMP ADMIN: That’s incredible.

HH: React to that for me, would you?

RP: Well, I mean, I heard it late last night, so I mean I honestly, I talked to Sean a little bit about it late last night, Spicer, and then we’re going to be meeting on it this morning. It’s just an incredible statement, you know, and how, what it means and what she meant by that, and whether that has anything to do with the issues in regard to surveillance of Trump transition team members is something that we need to figure out this morning and throughout the day. But it certainly is an incredible comment, although I don’t want to add too much into it right now until I have an opportunity to sort of dig into it and figure out the scope of such a statement.

HH: Now I want to ask you about a personal reaction to it, though. It suggests that incidental collection of American conversation in intelligence, perhaps even in Russian to Russian conversation, was pushed out by Team Obama for the purposes of cornering you guys? I don’t know what, but…

RP: Yeah, I mean, a personal reaction is it’s, it’s almost, it’s so cavalier and unbelievable that I just wonder whether this person knows what the heck she’s talking about. I mean, you know what I’m saying?

HH: Yeah.

RP: It’s sort of like one of these things it’s so much in your face that it makes you wonder what she means.

HH: Now do you think Director Comey will be interested in that statement?

RP: (laughing) Well, I hope that the intelligence committees and agencies are interested in all of these things. And the one thing I will tell you is that we want, we want this thing done thoroughly, and I will tell you that because we have got nothing to hide. I mean, there’s just nothing there. I’ve said it many times on television and elsewhere. There is no collusion. The issues in regard to contacts with Russia as outlined in the New York Times article about a month ago is total garbage, and we just, we would rather this move forward and be thorough and get on with it, because we’ve got nothing to hide. It’s ridiculous.

HH: Okay, to a substantive question.

http://www.realclearpolitics.com/video/2017/03/30/priebus_wh_will_respond_to_evelyn_farkas_story_incredible_raises_many_questions.html

White House Invites Lawmakers to View Surveillance Documents

March 30, 2017, 2:23 PM CDT March 30, 2017, 3:34 PM CD
President Donald Trump walks with Vice President Mike Pence, left, and Sean Spicer, White House press secretary, right, in the East Room of the White House in Washington on Jan. 22, 2017.Photographer: Andrew Harrer/Bloomberg

The Trump administration invited leaders of congressional intelligence panels to review documents it said raise questions about whether government spy agencies improperly identified President Donald Trump’s campaign officials and associates in the course of routine foreign surveillance.

In a letter signed by White House Counsel Donald McGahn, the administration said Thursday it was responding to a March 15 request from intelligence committees for “documents necessary to determine whether information collected on U.S. persons was mishandled and leaked.” It asks the committees to probe whether the intelligence was properly gathered, whether names were improperly revealed and “to the extent that U.S. citizens were subject to such surveillance, were civil liberties violated?”

White House press secretary Sean Spicer announced the invitation during a briefing with reporters in Washington Thursday, shortly after the New York Times reported that two White House officials had provided House Intelligence Chairman Devin Nunes with reports showing that Trump and his associates were named incidentally by U.S. spy agencies monitoring foreign officials.

Schiff during a news conference on Capitol Hill, on March 30.

Photographer: Andrew Harrer/Bloomberg

The top Democrat on the House Intelligence Committee, Representative Adam Schiff, said he’s willing to review the material but questioned the administration’s motives, saying officials may be trying to disseminate information that helps Trump’s case. “I hope they’ll have some kind of explanation for why they chose this path,” Schiff told reporters at the Capitol.

Deflecting Questions

The administration has been deflecting questions about Russian meddling in the presidential election by focusing on leaks of classified materials and, more recently, Trump’s allegations that his predecessor may have spied on him and his aides before and after the election. The spying claims and the leaks have become prominent sidelights to a broader investigation by the FBI and congressional intelligence committees into Russia’s campaign to disrupt U.S. politics and whether anyone close to Trump colluded with Russia.

At a Senate Intelligence Committee hearing Thursday, several experts testified that Russia’s efforts began as early as 2008 and peaked during last year’s election. The moves included propagation of false news stories and the hacking of Democratic Party computer systems followed by the release of emails. Clint Watts, former FBI agent who is now a national security expert at the Foreign Policy Research Institute, said other targets were prominent Republicans, including House Speaker Paul Ryan and Senator Marco Rubio, a member of the intelligence panel.

Rubio of Florida said Thursday that staff members on his presidential campaign were unsuccessfully targeted in July 2016 by hackers using an address in Russia and that former campaign aides were again targeted on Wednesday.

Inquiry in Turmoil

The House Intelligence Committee’s inquiry was thrown into turmoil when Nunes, a California Republican, last week held a news conference to outline material he said suggested some names of Trump associates were incidentally revealed during legal surveillance of foreign sources. He then went to the White House to brief Trump while refusing to share the information with other members of the committee. After repeated questions about how he got the material, Nunes said on March 27 that he met a source on the White House grounds.

Democrat Schiff, also of California, has called for Nunes to step aside from the investigation and accused him of doing the president’s bidding. Schiff said Thursday he is “more than willing” to go to the White House to review the material being offered but that the committee’s broader investigation must continue.

“This is not going to distract us from doing our Russia investigation,” Schiff said, adding that the White House action “raises profound questions.”

He said he didn’t know whether the material being offered is the same as the documents that were viewed by Nunes.

Nunes has refused to say who showed him the material, and Spicer has said he didn’t know the identity of Nunes’ source. The New York Times, citing unnamed U.S. officials, reported Thursday that Nunes was shown the material by Ezra Cohen-Watnick, the senior director for intelligence at the National Security Council, and Michael Ellis, who works at the White House Counsel’s Office and previously worked on the House Intelligence Committee staff.

Cohen-Watnick was an aide brought into the White House by Michael Flynn, who was fired as national security adviser in February after Trump concluded Flynn had given misleading information about contacts with Russian officials.

‘Smart Move’

“Our view was that the smart move was to make all the materials available to the chairman and the ranking member of the relevant committees,” Spicer said Thursday. “We want them to look into this, as we have maintained all along — that I think there’s a belief that the president has maintained — that there was surveillance that occurred during the 2016 election that was improper.”

Nunes has said, and the Times said it confirmed, that the material isn’t related to the investigation into Russian attempts to influence the election, nor did it necessarily show any illegal surveillance of U.S. citizens.

While the House investigation has been stymied by the dispute over the material shown to Nunes, the Senate Intelligence Committee is proceeding with its own investigation. Panel Chairman Richard Burr, a North Carolina Republican, vowed that the probe won’t be politicized.

“The public deserves to hear the truth about possible Russian involvement in our elections,” Burr said.

Virginia Senator Mark Warner, the committee’s top Democrat, echoed that sentiment, but also expressed concern about what he called Trump’s “wild and uncorroborated accusations” that then-President Barack Obama ordered Trump Tower wiretapped and about Trumps intermittent attacks on intelligence agencies.

https://www.bloomberg.com/politics/articles/2017-03-30/white-house-says-intelligence-panels-can-see-surveillance-data

Foreign Intelligence Surveillance Act

From Wikipedia, the free encyclopedia
“FISA” redirects here. For other uses, see FISA (disambiguation).
Foreign Intelligence Surveillance Act of 1978
Great Seal of the United States
Long title An Act to authorize electronic surveillance to obtain foreign intelligence information.
Acronyms(colloquial) FISA
Enacted by the 95th United States Congress
Effective October 25, 1978
Citations
Public law 95-511
Statutes at Large 92 Stat. 1783
Codification
Titles amended 50 U.S.C.: War and National Defense
U.S.C. sections created 50 U.S.C. ch. 36 § 1801 et seq.
Legislative history
Major amendments

The Foreign Intelligence Surveillance Act of 1978 (“FISAPub.L. 95–511, 92 Stat. 1783, 50 U.S.C. ch. 36) is a United States federal law which prescribes procedures for the physical and electronic surveillance and collection of “foreign intelligence information” between “foreign powers” and “agents of foreign powers” suspected of espionage or terrorism).[1] The Act created the Foreign Intelligence Surveillance Court (FISC) to oversee requests for surveillance warrants by federal law enforcement and intelligence agencies. It has been repeatedly amended since the September 11 attacks.

Contents

 [show] 

History

The Foreign Intelligence Surveillance Act (FISA) was introduced on May 18, 1977, by Senator Ted Kennedy and was signed into law by President Carter in 1978. The bill was cosponsored by nine Senators: Birch Bayh, James O. Eastland, Jake Garn, Walter Huddleston, Daniel Inouye, Charles Mathias, John L. McClellan, Gaylord Nelson, and Strom Thurmond.

The FISA resulted from extensive investigations by Senate Committees into the legality of domestic intelligence activities. These investigations were led separately by Sam Ervin and Frank Church in 1978 as a response to President Richard Nixon’s usage of federal resources to spy on political and activist groups.[2] The act was created to provide judicial and congressional oversight of the government’s covert surveillance activities of foreign entities and individuals in the United States, while maintaining the secrecy needed to protect national security.

Warrantless domestic wiretapping program

The Act came into public prominence in December 2005 following publication by the New York Times of an article[3] that described a program of warrantless domestic wiretapping ordered by the Bush administration and carried out by the National Security Agency since 2002; a subsequent Bloomberg article[4] suggested that this may have already begun by June 2000.

Provisions

The subchapters of FISA provide for:

Electronic surveillance

Generally, the statute permits electronic surveillance in two different scenarios.

Without a court order

The President may authorize, through the Attorney General, electronic surveillance without a court order for the period of one year, provided that it is only to acquire foreign intelligence information,[5] that it is solely directed at communications or property controlled exclusively by foreign powers,[6] that there is no substantial likelihood that it will acquire the contents of any communication to which a United States person is a party, and that it be conducted only in accordance with defined minimization procedures.[7]

The code defines “foreign intelligence information” to mean information necessary to protect the United States against actual or potential grave attack, sabotage or international terrorism.[5]

“Foreign powers” means a foreign government, any faction of a foreign nation not substantially composed of U.S. persons, and any entity directed or controlled by a foreign government.[8]The definition also includes groups engaged in international terrorism and foreign political organizations.[9] The sections of FISA authorizing electronic surveillance and physical searches without a court order specifically exclude their application to groups engaged in international terrorism.[10]

A “U.S. person” includes citizens, lawfully admitted permanent resident aliens, and corporations incorporated in the United States.

“Minimization procedures” is defined to mean procedures that minimize the acquisition of information concerning United States persons, allow the retention of information that is evidence of a crime, and require a court order be obtained in order to retain communication involving a United States person for longer than 72 hours.

The Attorney General is required to make a certification of these conditions under seal to the Foreign Intelligence Surveillance Court,[11] and report on their compliance to the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence.[12]

Since 50 U.S.C. § 1802(a)(1)(A) of this Act specifically limits warrantless surveillance to foreign powers as defined by 50 U.S.C. §1801(a) (1),(2), (3) and omits the definitions contained in 50 U.S.C. §1801(a) (4),(5),(6) the act does not authorize the use of warrantless surveillance on: groups engaged in international terrorism or activities in preparation therefore; foreign-based political organizations, not substantially composed of United States persons; or entities that are directed and controlled by a foreign government or governments.[13] Under the FISA act, anyone who engages in electronic surveillance except as authorized by statute is subject to both criminal penalties[14] and civil liabilities.[15]

Under 50 U.S.C. § 1811, the President may also authorize warrantless surveillance at the beginning of a war. Specifically, he may authorize such surveillance “for a period not to exceed fifteen calendar days following a declaration of war by the Congress”.[16]

With a court order

Alternatively, the government may seek a court order permitting the surveillance using the FISA court.[17] Approval of a FISA application requires the court find probable cause that the target of the surveillance be a “foreign power” or an “agent of a foreign power”, and that the places at which surveillance is requested is used or will be used by that foreign power or its agent.[2][18] In addition, the court must find that the proposed surveillance meet certain “minimization requirements” for information pertaining to U.S. persons.[19] Depending on the type of surveillance, approved orders or extensions of orders may be active for 90 days, 120 days, or a year.[20]

FISA court

The Act created the Foreign Intelligence Surveillance Court (FISC) and enabled it to oversee requests for surveillance warrants by federal law enforcement and intelligence agencies (primarily the Federal Bureau of Investigation and the National Security Agency) against suspected foreign intelligence agents inside the U.S. The court is located within the E. Barrett Prettyman United States Courthouse in Washington, D.C. The court is staffed by eleven judges appointed by the Chief Justice of the United States to serve seven-year terms.

Proceedings before the FISA court are ex parte and non-adversarial. The court hears evidence presented solely by the Department of Justice. There is no provision for a release of information regarding such hearings, or for the record of information actually collected.

Denials of FISA applications by the FISC may be appealed to the Foreign Intelligence Surveillance Court of Review. The Court of Review is a three judge panel. Since its creation, the court has come into session twice: in 2002 and 2008.

FISC meets in secret, and approves or denies requests for search warrants. Only the number of warrants applied for, issued and denied, is reported. In 1980 (the first full year after its inception), it approved 322 warrants.[21]This number has steadily grown to 2,224 warrants in 2006.[22] In the period 1979–2006, a total of 22,990 applications for warrants were made to the Court of which 22,985 were approved (sometimes with modifications; or with the splitting up, or combining together, of warrants for legal purposes), and only 5 were definitively rejected.[23]

Physical searches

In addition to electronic surveillance, FISA permits the “physical search” of the “premises, information, material, or property used exclusively by” a foreign power. The requirements and procedures are nearly identical to those for electronic surveillance.

Remedies for violations

Both the subchapters covering physical searches and electronic surveillance provide for criminal and civil liability for violations of FISA.

Criminal sanctions follows violations of electronic surveillance by intentionally engaging in electronic surveillance under the color of law or through disclosing information known to have been obtained through unauthorized surveillance. The penalties for either act are fines up to US$10,000, up to five years in jail, or both.[14]

In addition, the statute creates a cause of action for private individuals whose communications were unlawfully monitored. The statute permits actual damages of not less than $1,000 or $100 per day. In addition, that statute authorizes punitive damages and an award of attorney’s fees.[15] Similar liability is found under the subchapter pertaining to physical searches. In both cases, the statute creates an affirmative defense for law enforcement personnel acting within their official duties and pursuant to a valid court order. Presumably, such a defense is not available to those operating exclusively under presidential authorization.

Lone wolf amendment

In 2004, FISA was amended to include a “lone wolf” provision. 50 U.S.C. § 1801(b)(1)(C). A “lone wolf” is a non-U.S. person who engages in or prepares for international terrorism. The provision amended the definition of “foreign power” to permit the FISA courts to issue surveillance and physical search orders without having to find a connection between the “lone wolf” and a foreign government or terrorist group. However, “if the court authorizes such a surveillance or physical search using this new definition of ‘agent of a foreign power’, the FISC judge has to find, in pertinent part, that, based upon the information provided by the applicant for the order, the target had engaged in or was engaging in international terrorism or activities in preparation therefor”.[24]

Constitutionality

Before FISA

In 1967, the Supreme Court of the United States held that the requirements of the Fourth Amendment applied equally to electronic surveillance and to physical searches. Katz v. United States, 389 U.S. 347 (1967). The Court did not address whether such requirements apply to issues of national security. Shortly after, in 1972, the Court took up the issue again in United States v. United States District Court, Plamondon, where the court held that court approval was required in order for the domestic surveillance to satisfy the Fourth Amendment. 407 U.S. 297 (1972). Justice Powell wrote that the decision did not address this issue that “may be involved with respect to activities of foreign powers or their agents”.

In the time immediately preceding FISA, a number of courts squarely addressed the issue of “warrantless wiretaps”. In both United States v. Brown, 484 F.2d 418 (5th Cir. 1973), and United States v. Butenko, 494 F.2d 593 (3rd Cir. 1974), the courts upheld warrantless wiretaps. In Brown, a U.S. citizen’s conversation was captured by a wiretap authorized by the Attorney General for foreign intelligence purposes. In Butenko, the court held a wiretap valid if the primary purpose was for gathering foreign intelligence information.

A plurality opinion in Zweibon v. Mitchell, 516 F.2d 594 (D.C. Cir. 1975), held that a warrant was required for the domestic surveillance of a domestic organization. In this case, the court found that the domestic organization was not a “foreign power or their agent”, and “absent exigent circumstances, all warrantless electronic surveillance is unreasonable and therefore unconstitutional.”

Post-FISA

There have been very few cases involving the constitutionality of FISA. Two lower court decisions found FISA constitutional. In United States v. Duggan, the defendants were members of the Irish Republican Army. 743 F.2d 59 (2nd Cir., 1984). They were convicted for various violations regarding the shipment of explosives and firearms. The court held that there were compelling considerations of national security in the distinction between the treatment of U.S. citizens and non-resident aliens.

In the United States v. Nicholson, the defendant moved to suppress all evidence gathered under a FISA order. 955 F.Supp. 588 (Va. 1997). The court affirmed the denial of the motion. There the court flatly rejected claims that FISA violated Due process clause of the Fifth Amendment, Equal protection, Separation of powers, nor the Right to counsel provided by the Sixth Amendment.

However, in a third case, the special review court for FISA, the equivalent of a Circuit Court of Appeals, opined differently should FISA limit the President’s inherent authority for warrantless searches in the foreign intelligence area. In In re Sealed Case, 310 F.3d 717, 742 (Foreign Intel. Surv. Ct. of Rev. 2002) the special court stated “[A]ll the other courts to have decided the issue [have] held that the President did have inherent authority to conduct warrantless searches to obtain foreign intelligence information . … We take for granted that the President does have that authority and, assuming that is so, FISA could not encroach on the President’s constitutional power.”

Criticism

K. A. Taipale of the World Policy Institute, James Jay Carafano of the Heritage Foundation,[25] and Philip Bobbitt of Columbia Law School,[26] among others,[27] have argued that FISA may need to be amended to include, among other things, procedures for programmatic approvals, as it may no longer be adequate to address certain foreign intelligence needs and technology developments, including: the transition from circuit-based communications to packet-based communications; the globalization of telecommunication infrastructure; and the development of automated monitoring techniques, including data mining and traffic analysis.[28]

John R. Schmidt, associate attorney general (1994–1997) in the Justice Department under President Bill Clinton, expressed a need for programmatic approval of technology-enabled surveillance programs.[29] He recalled early arguments made by then-Attorney General Edward Levi to the Church Committee that foreign intelligence surveillance legislation should include provisions for programmatically authorizing surveillance programs because of the particular needs of foreign intelligence where “virtually continuous surveillance, which by its nature does not have specifically predetermined targets” may be required. In these situations, “the efficiency of a warrant requirement would be minimal.”

In a 2006 opinion, Judge Richard Posner wrote that FISA “retains value as a framework for monitoring the communications of known terrorists, but it is hopeless as a framework for detecting terrorists. [FISA] requires that surveillance be conducted pursuant to warrants based on probable cause to believe that the target of surveillance is a terrorist, when the desperate need is to find out who is a terrorist.”[30]

Subsequent amendments

The Act was amended in 2001 by the USA PATRIOT Act, primarily to include terrorism on behalf of groups that are not specifically backed by a foreign government.

An overhaul of the bill, the Protect America Act of 2007 was signed into law on August 5, 2007.[31] It expired on February 17, 2008.

The FISA Amendments Act of 2008 passed by the United States Congress on July 9, 2008.[32]

Amendments

Terrorist Surveillance Act of 2006

On March 16, 2006, Senators Mike DeWine (R-OH), Lindsey Graham (R-SC), Chuck Hagel (R-NE), and Olympia Snowe (R-ME) introduced the Terrorist Surveillance Act of 2006 (S.2455),[33][34] under which the President would be given certain additional limited statutory authority to conduct electronic surveillance of suspected terrorists in the United States subject to enhanced Congressional oversight. Also on March 16, 2006, Senator Arlen Specter (R-PA) introduced the National Security Surveillance Act of 2006 (S. 2453),[35][36] which would amend FISA to grant retroactive amnesty[37] for warrantless surveillance conducted under presidential authority and provide FISA court (FISC) jurisdiction to review, authorize, and oversight “electronic surveillance programs”. On May 24, 2006, Senator Specter and Senator Dianne Feinstein (D-CA) introduced the Foreign Intelligence Surveillance Improvement and Enhancement Act of 2006 (S. 3001) asserting FISA as the exclusive means to conduct foreign intelligence surveillance.

All three competing bills were the subject of Judiciary Committee hearings throughout the summer.[38] On September 13, 2006, the Senate Judiciary Committee voted to approve all three mutually exclusive bills, thus, leaving it to the full Senate to resolve.[39]

On July 18, 2006, U.S. Representative Heather Wilson (R-NM) introduced the Electronic Surveillance Modernization Act (H.R. 5825). Wilson’s bill would give the President the authority to authorize electronic surveillance of international phone calls and e-mail linked specifically to identified terrorist groups immediately following or in anticipation of an armed or terrorist attack on the United States. Surveillance beyond the initial authorized period would require a FISA warrant or a presidential certification to Congress. On September 28, 2006, the House of Representatives passed Wilson’s bill and it was referred to the Senate.[40]

Protect America Act of 2007

Main article: Protect America Act

On July 28, 2007, President Bush called on Congress to pass legislation to reform the FISA in order to ease restrictions on surveillance of terrorist suspects where one party (or both parties) to the communication are located overseas. He asked that Congress pass the legislation before its August 2007 recess. On August 3, 2007, the Senate passed a Republican-sponsored version of FISA (S. 1927) in a vote of 60 to 28. The House followed by passing the bill, 227–183. The Protect America Act of 2007 (Pub.L. 110–55, S. 1927) was then signed into law by George W. Bush on 2007-08-05.[41]

Under the Protect America Act of 2007, communications that begin or end in a foreign country may be wiretapped by the U.S. government without supervision by the FISA Court. The Act removes from the definition of “electronic surveillance” in FISA any surveillance directed at a person reasonably believed to be located outside the United States. As such, surveillance of these communications no longer requires a government application to, and order issuing from, the FISA Court.

The Act provides procedures for the government to “certify” the legality of an acquisition program, for the government to issue directives to providers to provide data or assistance under a particular program, and for the government and recipient of a directive to seek from the FISA Court, respectively, an order to compel provider compliance or relief from an unlawful directive. Providers receive costs and full immunity from civil suits for compliance with any directives issued pursuant to the Act.

A summary of key provisions follows. The Act empowers the Attorney General or Director of National Intelligence (“DNI”) to authorize, for up to one year, the acquisition of communications concerning “persons reasonably believed to be outside the United States” if the Attorney General and DNI determine that each of five criteria has been met:

  • There are reasonable procedures in place for determining that the acquisition concerns persons reasonably believed to be located outside the United States;
  • The acquisition does not constitute electronic surveillance (meaning it does not involve solely domestic communications);
  • The acquisition involves obtaining the communications data from or with the assistance of a communications service provider who has access to communications;
  • A significant purpose of the acquisition is to obtain foreign intelligence information; and
  • Minimization procedures outlined in the FISA will be used.

This determination by the Attorney General and DNI must be certified in writing, under oath, and supported by appropriate affidavit(s). If immediate action by the government is required and time does not permit the preparation of a certification, the Attorney General or DNI can direct the acquisition orally, with a certification to follow within 72 hours. The certification is then filed with the FISA Court.

Once the certification is filed with the FISA Court, the Attorney General or DNI can direct a provider to undertake or assist in the undertaking of the acquisition.

If a provider fails to comply with a directive issued by the Attorney General or DNI, the Attorney General may seek an order from the FISA Court compelling compliance with the directive. Failure to obey an order of the FISA Court may be punished as a contempt of court.

Likewise, a person receiving a directive may challenge the legality of that directive by filing a petition with the FISA Court. An initial review must be conducted within 48 hours of the filing to determine whether the petition is frivolous, and a final determination concerning any non-frivolous petitions must be made – in writing – within 72 hours of receipt of the petition.

Determinations of the FISA Court may be appealed to the Foreign Intelligence Court of Appeals, and a petition for a writ of certiorari of a decision from the FICA can be made to the U.S. Supreme Court.

All petitions must be filed under seal.

The Act allows providers to be compensated, at the prevailing rate, for providing assistance as directed by the Attorney General or DNI.

The Act provides explicit immunity from civil suit in any federal or state court for providing any information, facilities, or assistance in accordance with a directive under the Act.

Within 120 days, the Attorney General must submit to the FISA Court for its approval the procedures by which the government will determine that acquisitions authorized by the Act conform with the Act and do not involve purely domestic communications. The FISA Court then will determine whether the procedures comply with the Act. The FISA Court thereafter will enter an order either approving the procedures or directing the government to submit new procedures within 30 days or cease any acquisitions under the government procedures. The government may appeal a ruling of the FISA Court to the FICA and ultimately the Supreme Court.

On a semiannual basis, the Attorney General shall inform the Intelligence and Judiciary Committees of the House and Senate of incidents of noncompliance with a directive issued by the Attorney General or the DNI, incidents of noncompliance with FISA Court-approved procedures by the Intelligence Community, and the number of certifications and directives issued during the reporting period.

The amendments to FISA made by the Act expire 180 days after enactment, except that any order in effect on the date of enactment remains in effect until the date of expiration of such order and such orders can be reauthorized by the FISA Court.[42] The Act expired on February 17, 2008.

Subsequent developments

Legal experts experienced in national security issues are divided on how broadly the new law could be interpreted or applied. Some believe that due to subtle changes in the definitions of terms such as “electronic surveillance”, it could empower the government to conduct warrantless physical searches and even seizures of communications and computer devices and their data which belong to U.S. citizens while they are in the United States, if the government contended that those searches and potential seizures were related to its surveillance of parties outside the United States. Intelligence officials, while declining to comment directly on such possibilities, respond that such interpretations are overly broad readings of the act, and unlikely to actually occur.

In a September 10, 2007 address at a symposium on modernizing FISA held at Georgetown University Law Center‘s National Security Center, Kenneth L. Wainstein, Assistant Attorney General for National Security, argued against the current six-month sunset provision in the Protect America Act of 2007, saying that the broadened surveillance powers the act provides for should be made permanent. Wainstein proposed that internal audits by the Office of the Director of National Intelligence and the National Security Division of the Justice Department, with reporting to select groups of Congressmen, would ensure that the expanded capability would not be abused.[43]

Also on September 10, DNI Mike McConnell testified before the Senate Committee on Homeland Security and Governmental Affairs that the Protect America Act had helped foil a major terror plot in Germany. U.S. intelligence-community officials questioned the accuracy of McConnell’s testimony and urged his office to correct it, which he did in a statement issued September 12, 2007. Critics cited the incident as an example of the Bush administration’s exaggerated claims and contradictory statements about surveillance activities. Counterterrorism officials familiar with the background of McConnell’s testimony said they did not believe he made inaccurate statements intentionally as part of any strategy by the administration to persuade Congress to make the new eavesdropping law permanent. Those officials said they believed McConnell gave the wrong answer because he was overwhelmed with information and merely mixed up his facts.[44]

Speaking at National Security Agency headquarters in Fort Meade, Maryland on September 19, 2007, President George W. Bush urged Congress to make the provisions of the Protect America Act permanent. Bush also called for retroactive immunity for telecommunications companies who had cooperated with government surveillance efforts, saying, “It’s particularly important for Congress to provide meaningful liability protection to those companies now facing multibillion-dollar lawsuits only because they are believed to have assisted in efforts to defend our nation, following the 9/11 attacks”.[45]

On October 4, 2007, the bipartisan Liberty and Security Committee of the Constitution Project, co-chaired by David Keene and David D. Cole, issued its “Statement on the Protect America Act”.[46] The Statement urged Congress not to reauthorize the PAA, saying the language of the bill “runs contrary to the tripartite balance of power the Framers envisioned for our constitutional democracy, and poses a serious threat to the very notion of government of the people, by the people and for the people”. Some in the legal community have questioned the constitutionality of any legislation that would retroactively immunize telecommunications firms alleged to have cooperated with the government from civil liability for having potentially violated their customers’ privacy rights.[47]

In an article appearing in the January/February 2008 issue of the Institute of Electrical and Electronics Engineers journal of Security and Privacy, noted technology experts from academia and the computing industry found significant flaws in the technical implementation of the Protect America Act which they said created serious security risks, including the danger that such a surveillance system could be exploited by unauthorized users, criminally misused by trusted insiders, or abused by the government.[48]

On October 7, 2007, the Washington Post reported that House Democrats planned to introduce alternative legislation which would provide for one-year “umbrella” warrants, and would require the Justice Department inspector general to audit the use of those warrants and issue quarterly reports to a special FISA court and to Congress. The proposed bill would not include immunity for telecommunications firms facing lawsuits in connection with the administration’s NSA warrantless surveillance program. House Democrats said that as long as the administration withholds requested documents explaining the basis for the program that they cannot consider immunity for firms alleged to have facilitated it.[49] On October 10, 2007 comments on the White House South Lawn, President Bush said he would not sign any bill that did not provide retroactive immunity for telecommunications corporations.[50]

On October 18, 2007, the House Democratic leadership put off a vote on the proposed legislation by the full chamber to avoid consideration of a Republican measure that made specific references to Osama bin Laden. At the same time, the Senate Intelligence Committee reportedly reached a compromise with the White House on a different proposal that would give telephone carriers legal immunity for any role they played in the National Security Agency’s domestic eavesdropping program approved by President Bush after the Sept. 11 terrorist attacks.[51]

On November 15, 2007, the Senate Judiciary Committee voted 10–9 along party lines to send an alternative measure to the full Senate other than the one the intelligence committee had crafted with the White House. The proposal would leave to the full Senate whether or not to provide retroactive immunity to telecommunications firms that cooperated with the NSA. Judiciary Committee chairman Patrick Leahy said that granting such immunity would give the Bush administration a “blank check” to do what it wants without regard to the law. Arlen Specter of Pennsylvania, the top Republican on the committee, said that court cases may be the only way Congress can learn exactly how far outside the law the administration has gone in eavesdropping in the United States. When the full Senate takes up the bill, Specter is expected to offer a compromise that would shield the companies from financial ruin but allow lawsuits to go forward by having the federal government stand in for the companies at trial.[52][needs update]

On the same day, the House of Representatives voted 227–189 to approve a Democratic bill that would expand court oversight of government surveillance inside the United States while denying immunity to telecom companies. House Judiciary Committee chairman John Conyers left the door open to an immunity deal in the future, but said that the White House must first give Congress access to classified documents specifying what the companies did that requires legal immunity.[53]

In February 2008, the Senate passed the version of the new FISA that would allow telecom companies immunity. On March 13, 2008, the U.S. House of Representatives held a secret session to discuss related information. On March 14, the House voted 213–197 to approve a bill that would not grant telecom immunity – far short of the 2/3 majority required to override a Presidential veto.[54] The Senate and House bills are compared and contrasted in a June 12, 2008 report from the Congressional Research Service.[55]

On March 13, 2008, the House of Representatives held a secret, closed door meeting to debate changes to the FISA bill.[56]

Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008

The 2008 amendment of FISA gave telecoms immunity, increased the time allotted for warrantless surveillance, and adds provisions for emergency eavesdropping. On June 20, 2008, the House of Representatives passed the amendment with a vote of 293 to 129.[57][58] It passed in the Senate 69 to 28 on July 9, 2008[59] after a failed attempt to strike Title II from the bill by Senator Dodd.[60] On July 10, 2008, President Bush signed it into law.

2015 USA Freedom Act

On June 2, 2015, many provisions of the 1978 with the passage of the USA Freedom Act.[61] The 2015 law overhauled the powerful United States National Security Agency and required the US government to undergo standard court procedures in order to gather data regarding suspicious activities.[61] However, the law did not completely repeal the controversial Patriot Act and allowed some provisions to expire in later time.[61]

See also

https://en.wikipedia.org/wiki/Foreign_Intelligence_Surveillance_Act

Story 2: Real Republican Support Real Repeal & Replacement of Obamacare vs. Fake Republicans Support Fake Repeal & Replacement — Republican Voters Expect Real Repeal and Replacement of Obamacare And Vote For Real Republican Not Republicans In Name Only (RINOs) and Liberal/Progressive Democrats — Videos

“Effective as of Dec. 31, 2017, the Patient Protection and Affordable Care Act is repealed, and the provisions of law amended or repealed by such Act are restored or revived as if such Act had not been enacted,”

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‘We share a strong mutual admiration’: Rand Paul praises Matt Drudge after meeting in Washington

matt drudge

Matt Drudge. http://www.drudgereport.com

The conservative internet-news mogul Matt Drudge met with Republican Sen. Rand Paul in Washington, DC, earlier this week and praised him as “bold” and “brave.”

“Intriguing lunch in hill office of America’s best senator, Rand Paul,” Drudge tweeted on Thursday. “He’s bold, brave and has somehow kept his heart in such a corrupt city.”

Paul’s spokesman returned the compliment.

“Matt Drudge has a phenomenal take on the news and is a leader who others in the business can only hope to emulate,” Sergio Gor told Business Insider in a statement. “We enjoyed visiting with him, and we share a strong mutual admiration!”

Drudge has been taking what some have interpreted as subtle shots at President Donald Trump’s administration recently through his website and Twitter account.

Drudge is the founder and editor of the Drudge Report, a popular and influential conservative news-aggregation website visited by millions of readers each month.

He has also ripped the Republican establishment as of late, true to what was his form during the presidential election.

In a recent tweet, Drudge contended the GOP “lied about wanting tax cuts.”

“Can we get our votes back?” he asked.

http://www.businessinsider.com/rand-paul-matt-drudge-meeting-2017-3

Gohmert suspects Priebus authored Trump anti-Freedom Caucus tweet

President Trump Threatens War on House Freedom Caucus

House Freedom Caucus member Louie Gohmert said he suspects White House Chief of Staff Reince Priebus authored President Trump’s Thursday tweet threatening the HFC with 2018 political repercussions, and he warned that wiping out the faction could hurt Trump eventually.

Gohmert, R-Texas, said Trump may regret the tweet, since many of the same lawmakers came to his defense when others attacked him.

“I hope the president will realize the friends his tweet condemns are actually the ones that stood by him and were very vociferous in defending him in October when all of the Republican elected leaders in the House were abandoning him,” Gohmert said.

“So, I hope he’ll remember and realize if he weakens and hurts those who stood with him when our leadership was coming after him, we may not be around to help him during future assaults, which I think could be at the bottom of some of the demonizing of conservatives in the House.”

Trump on Thursday tweeted “we must fight,” the Freedom Caucus in the 2018 elections, “if they don’t get on the team & fast.”

The HFC comprised the majority of “no” votes that last week sunk a bill to repeal and replace Obamacare, a major campaign promise made by Republicans and Trump.

http://www.washingtonexaminer.com/gohmert-suspects-priebus-authored-trump-anti-freedom-caucus-tweet/article/2618890

Trump: We ‘must fight’ Freedom Caucus in 2018 midterm elections

President Trump is taking a stunningly harsh tone with the conservative House Freedom Caucus, calling Thursday for their defeat in the 2018 midterm election if they don’t get on board with the Republican agenda.

“The Freedom Caucus will hurt the entire Republican agenda if they don’t get on the team, & fast. We must fight them, & Dems, in 2018!” Trump tweeted Thursday morning.

It’s the third time in less than a week that Trump has attacked the group on Twitter, creating the extraordinary spectacle of a sitting president eviscerating members of his own party and even suggesting they should be removed from office.

Trump, who is popular in Freedom Caucus districts, may have some ability to generate messy primary challenges against caucus members.

But some caucus members say that Trump is going back on his campaign promises to “drain the swamp,” implying he is part of the GOP establishment the caucus has fought.

“It didn’t take long for the swamp to drain @realDonaldTrump,” tweeted Rep. Justin Amash, R-Mich. “No shame, Mr. President. Almost everyone succumbs to the D.C. Establishment.”

Rep. Jim Jordan, R-Ohio, one of the caucus’ founders, that the caucus is “trying to change Washington. The [American Health Care Act] doesn’t change D.C. and doesn’t do what we told voters we’d do.”

http://www.washingtonexaminer.com/trump-we-must-fight-freedom-caucus-in-2018-midterm-elections/article/2618850

If Republicans are going to try to repeal Obamacare, they should go all the way. Otherwise, don’t even start.

Poet and novelist Charles Bukowski once said, “If you’re going to try, go all the way. Otherwise, don’t even start.”

Speaker of the House Paul Ryan, R-Wis., and House Republican leaders could have learned from this pearl of wisdom. Unfortunately, they are trying to ram through the House a bill — the so-called American Health Care Act that falls far short of their frequent and many campaign promises to repeal Obamacare and create free-market reforms that would lead to greater competition and choice, with lower costs. Those were campaign promises that, by the way, helped Republicans win the House in 2010, the Senate in 2014, and the White House in 2016.

In January 2016, after President Obama vetoed an Obamacare repeal bill that had overwhelming Republican support, Ryan made it clear that the baseline for repeal had been drawn. “We have shown now that there is a clear path to repealing Obamacare without 60 votes in the Senate,” he declared. “So, next year, if we’re sending this bill to a Republican president, it will get signed into law.”

Conservative activists — who have been fighting for years to repeal Obamacare and supporting conservative candidates who got elected on pledges to scrap the 2010 law — will accept nothing less than a bill that follows through on these promises. Just as important are Americans who have seen their premiums skyrocket because of Obamacare. They are looking for relief.

House Republicans now have that opportunity to produce a strong repeal of Obamacare and its onerous regulations, and institute free-market reforms. They shouldn’t let themselves be bound by narrow interpretations of Senate rules.

Unfortunately, the American Health Care Act fails to follow through on Republican promises. The bill effectively preserves Obamacare, leaving the cost-driving provisions in place. As one conservative member of the House put it, the American Health Care Act “is an amendment — and not a clean repeal — to Obamacare.”

While the American Health Care Act includes various reforms, including the per capita funding of Medicaid funds, the repeal of Obamacare taxes, and the expansion of Health Savings Accounts, the bill replaces Obamacare’s market-distorting subsidies with a Republican version, all while leaving the law’s costly, market-destroying regulatory architecture in place. The bill also creates a “doc fix”-style scenario in which repeal of Obamacare’s Medicaid expansion will never actually happen.

Conservatives inside and outside of Congress are told that Obamacare’s regulations and the establishment of free-market healthcare policies will be addressed in a second and third “phase,” but history tells us otherwise.

Obamacare may have given the Department of Health and Human Services tremendous regulatory power, but HHS Secretary Tom Price, who now serves in this crucial role and is tasked with carrying out the elimination of Obamacare’s regulations, will almost certainly face legal challenges. That means any break in the burden of skyrocketing health insurance costs will be delayed even further. Another obvious concern is that any administrative actions can be undone by the next administration, making the relief only temporary if Congress doesn’t eliminate the federal government’s power over these aspects of our healthcare system.

http://www.washingtonexaminer.com/if-republicans-are-going-to-try-to-repeal-obamacare-they-should-go-all-the-way.-otherwise-dont-even-start./article/2618151

 

Real Republicans

Member Name Party State Liberty Score Years in DC Next Election

.Gary Palmer

Rep.

Gary Palmer R AL-6 A 100% 2 2018

David Brat

Rep.

Dave Brat R VA-7 A 100% 2 2018

Sen.

Mike Lee R UT A 100% 6 2022

Rep.

Louie Gohmert R TX-1 A 98% 12 2018

Sen.

Ted Cruz R TX A 97% 4 2018

Rep.

Jim Bridenstine R OK-1 A 97% 4 2018

Rep.

Jeff Duncan R SC-3 A 96% 6 2018

Rep.

Jim Jordan R OH-4 A 96% 10 2018

Justin Amash

Rep.

Justin Amash R MI-3 A 96% 6 2018

Rep.

Thomas Massie R KY-4 A 94% 4 2018

Benjamin Sasse

Sen.

Benjamin Sasse R NE A 94% 2 2020

Rep.

Mark Meadows R NC-11 A 94% 4 2018

Ken Buck

Rep.

Ken Buck R CO-4 A 94% 2 2018

Rep.

Raul Labrador R ID-1 A 93% 6 2018

Sen.

Rand Paul R KY A 92% 6 2022

Trent Franks

Rep.

Trent Franks R AZ-8 A 90% 14 2018

Rep.

David Schweikert R AZ-6 A 90% 6 2018

Rep.

Mark Sanford R SC-1 A 90% 3 2018

Sen.

Tim Scott R SC B 89% 4 2022

Rep.

Ron DeSantis R FL-6 B 87% 4 2018

Rep.

Tom McClintock R CA-4 B 86% 8 2018

Rep.

Scott DesJarlais R TN-4 B 85% 6 2018

Rep.

Trey Gowdy R SC-4 B 85% 6 2018

Rep.

Doug Lamborn R CO-5 B 85% 10 2018

Rep.

Randy Weber R TX-14 B 84% 4 2018

Rep.

Paul Gosar R AZ-4 B 84% 6 2018

Rep.

Mo Brooks R AL-5 B 84% 6 2018

Rep.

Kenny Marchant R TX-24 B 84% 12 2018

Rep.

Sam Johnson R TX-3 B 82% 25 2018

Rep.

Steve King R IA-4 B 81% 14 2018

John Ratcliffe

Rep.

John Ratcliffe R TX-4 B 81% 2 2018

Jody Hice

Rep.

Jody Hice R GA-10 B 81% 2 2018

Rep.

Dana Rohrabacher R CA-48 B 80% 28 2018

Rep.

Andy Harris R MD-1 B 80% 6 2018

Rep.

Bill Posey R FL-8 B 80% 8 2018

Rep.

John J. Duncan Jr. R TN-2 B 80% 28 2018

https://www.conservativereview.com/scorecard

Fake Republicans

Rep.

Richard Hudson R NC-8 F 59% 4 2018

Sen.

Pat J. Toomey R PA F 59% 6 2022

Joni Ernst

Sen.

Joni Ernst R IA F 59% 2 2020

Rep.

Todd Rokita R IN-4 F 58% 6 2018

Rep.

Tom Rice R SC-7 F 58% 4 2018

Rep.

Pete Olson R TX-22 F 58% 8 2018

Rep.

Virginia Foxx R NC-5 F 58% 12 2018

Sen.

Dean Heller R NV F 58% 5 2018

Rep.

Chris Stewart R UT-2 F 58% 4 2018

Rep.

Lamar Smith R TX-21 F 58% 30 2018

Sen.

Michael B. Enzi R WY F 58% 20 2020

Rep.

Pete Sessions R TX-32 F 57% 20 2018

Steve Russell

Rep.

Steve Russell R OK-5 F 56% 2 2018

Rep.

Scott Tipton R CO-3 F 56% 6 2018

Sen.

Ron Johnson R WI F 56% 6 2022

Ralph Abraham

Rep.

Ralph Abraham R LA-5 F 56% 2 2018

Rick Allen

Rep.

Rick Allen R GA-12 F 56% 2 2018

Rep.

Phil Roe R TN-1 F 56% 8 2018

David Rouzer

Rep.

David Rouzer R NC-7 F 56% 2 2018

Barry Loudermilk

Rep.

Barry Loudermilk R GA-11 F 56% 2 2018

Rep.

Mike Coffman R CO-6 F 56% 8 2018

Rep.

Michael McCaul R TX-10 F 56% 12 2018

Sen.

John Boozman R AR F 56% 6 2022

Rep.

Rob Woodall R GA-7 F 55% 6 2018

Sen.

Deb Fischer R NE F 55% 4 2018

Rep.

Doug Collins R GA-9 F 55% 4 2018

Rep.

Darrell Issa R CA-49 F 55% 16 2018

Rep.

Jim Renacci R OH-16 F 55% 6 2018

Rep.

Peter Roskam R IL-6 F 54% 10 2018

Rep.

Lynn Jenkins R KS-2 F 54% 8 2018

Rep.

Mike D. Rogers R AL-3 F 54% 14 2018

Rep.

Robert B. Aderholt R AL-4 F 53% 20 2018

Rep.

Patrick T. McHenry R NC-10 F 53% 12 2018

Rep.

Vicky Hartzler R MO-4 F 53% 6 2018

Dan Sullivan

Sen.

Dan Sullivan R AK F 53% 2 2020

Rep.

John Culberson R TX-7 F 53% 16 2018

Rep.

Rick Crawford R AR-1 F 52% 6 2018

Rep.

Ed Royce R CA-39 F 52% 24 2018

Rep.

Gus Bilirakis R FL-12 F 52% 10 2018

Rep.

Adrian Smith R NE-3 F 52% 10 2018

Rep.

Steven Palazzo R MS-4 F 51% 6 2018

Rep.

Tom Marino R PA-10 F 51% 6 2018

Sen.

Pat Roberts R KS F 51% 20 2020

Rep.

Paul D. Ryan R WI-1 F 51% 18 2018

Rep.

Kevin Brady R TX-8 F 51% 20 2018

Tom Emmer

Rep.

Tom Emmer R MN-6 F 50% 2 2018

Sen.

Todd Young R IN-9 F 50% 6 2022

Rep.

Bob Gibbs R OH-7 F 50% 6 2018

Bruce Westerman

Rep.

Bruce Westerman R AR-4 F 50% 2 2018

missing-bio

Rep.

Lee Zeldin R NY-1 F 50% 2 2018

Rep.

Martha Roby R AL-2 F 50% 6 2018

Sen.

Jeff Flake R AZ F 50% 4 2018

Sen.

John Barrasso R WY F 50% 9 2018

Rep.

Sam Graves R MO-6 F 49% 16 2018

 

Member Name Party State Liberty Score Years in DC Next Election Track
Rep.

Sean Duffy

R WI-7 F 49% 6 2018
Rep.

Mike Kelly

R PA-3 F 49% 6 2018
Rep.

Mac M. Thornberry

R TX-13 F 48% 22 2018
Rep.

Tim Murphy

R PA-18 F 47% 14 2018
Sen.

Rob Portman

R OH F 47% 6 2022
Rep.

Bill Shuster

R PA-9 F 47% 15 2018
Rep.

Bill Johnson

R OH-6 F 47% 6 2018
Sen.

Bill Cassidy

R LA F 47% 8 2020
Rep.

Larry Bucshon

R IN-8 F 47% 6 2018
Rep.

John Carter

R TX-31 F 46% 14 2018
Rep.

Ann Wagner

R MO-2 F 45% 4 2018
Rep.

Brett Guthrie

R KY-2 F 45% 8 2018
Sen.

Bob Corker

R TN F 45% 10 2018
Rep.

Vern Buchanan

R FL-16 F 44% 10 2018
Rep.

Erik Paulsen

R MN-3 F 44% 8 2018
missing-bio
Rep.

Evan Jenkins

R WV-3 F 44% 2 2018
Glenn Grothman
Rep.

Glenn Grothman

R WI-6 F 44% 2 2018
Rep.

Gregg Harper

R MS-3 F 44% 8 2018
Mia Love
Rep.

Mia Love

R UT-4 F 44% 2 2018
Sen.

John Thune

R SD F 44% 12 2022
Rep.

Tom Reed

R NY-23 F 43% 6 2018
Rep.

Robert Pittenger

R NC-9 F 43% 4 2018
Rep.

David McKinley

R WV-1 F 43% 6 2018
Rep.

Blaine Luetkemeyer

R MO-3 F 43% 8 2018
Rep.

Kristi Noem

R SD-0 F 43% 6 2018
Rep.

Paul Cook

R CA-8 F 42% 4 2018
Rep.

Luke Messer

R IN-6 F 42% 4 2018
Rep.

Leonard Lance

R NJ-7 F 42% 8 2018
Rep.

Michael R. Turner

R OH-10 F 42% 14 2018
Sen.

John Cornyn

R TX F 42% 14 2020
Rep.

Jackie Walorski

R IN-2 F 42% 4 2018
Rep.

Christopher H. Smith

R NJ-4 F 41% 36 2018
Sen.

Cory Gardner

R CO F 41% 6 2020
Rep.

Cathy McMorris Rodgers

R WA-5 F 41% 12 2018
Rep.

Mark Amodei

R NV-2 F 41% 5 2018
Rep.

Jeff Fortenberry

R NE-1 F 41% 12 2018
Rep.

Pat Tiberi

R OH-12 F 40% 16 2018
Sen.

Mitch McConnell

R KY F 40% 32 2020
Rep.

Kay Granger

R TX-12 F 40% 20 2018
Rep.

Jaime Herrera Beutler

R WA-3 F 40% 6 2018
Sen.

Roy Blunt

R MO F 39% 6 2022
Sen.

Richard M. Burr

R NC F 39% 12 2022
Rep.

Devin Nunes

R CA-22 F 39% 14 2018
Rep.

Andy Barr

R KY-6 F 39% 4 2018
missing-bio
Rep.

French Hill

R AR-2 F 38% 2 2018
missing-bio
Rep.

David Young

R IA-3 F 38% 2 2018
missing-bio
Rep.

Dan Newhouse

R WA-4 F 38% 2 2018
missing-bio
Rep.

Buddy Carter

R GA-1 F 38% 2 2018
Rep.

Lou Barletta

R PA-11 F 38% 6 2018
missing-bio
Rep.

John Moolenaar

R MI-4 F 38% 2 2018
Member Name Party State Liberty Score Years in DC Next Election Track
Rep.

Frank D. Lucas

R OK-3 F 36% 22 2018
Rep.

Glenn Thompson

R PA-5 F 36% 8 2018
Rep.

Greg Walden

R OR-2 F 36% 18 2018
Thom Tillis
Sen.

Thom Tillis

R NC F 35% 2 2020
Rep.

Dave Joyce

R OH-14 F 35% 4 2018
Rep.

Mike Michael Conaway

R TX-11 F 35% 12 2018
Rep.

Kevin McCarthy

R CA-23 F 35% 10 2018
Rep.

Tom Cole

R OK-4 F 34% 14 2018
Rep.

Fred Upton

R MI-6 F 34% 30 2018
Rep.

Steve Womack

R AR-3 F 33% 6 2018
missing-bio
Rep.

Ryan Zinke

R MT-0 F 33% 2 2018
Sen.

Orrin G. Hatch

R UT F 33% 40 2018
Rep.

Adam Kinzinger

R IL-16 F 33% 6 2018
Rep.

Mike Simpson

R ID-2 F 33% 18 2018
Rep.

John Shimkus

R IL-15 F 33% 20 2018
Rep.

Jeffrey Denham

R CA-10 F 33% 6 2018
Rep.

Frank A. LoBiondo

R NJ-2 F 32% 22 2018
Rep.

Don Young

R AK-0 F 32% 43 2018
Sen.

John McCain

R AZ F 32% 30 2022
Rep.

Jim Cooper

D TN-5 F 32% 14 2018
missing-bio
Rep.

Steve Knight

R CA-25 F 31% 2 2018
Rep.

Steve Stivers

R OH-15 F 31% 6 2018
Rep.

Pat Meehan

R PA-7 F 31% 6 2018
missing-bio
Rep.

Dave Trott

R MI-11 F 31% 2 2018
Rep.

Collin C. Peterson

D MN-7 F 31% 26 2018
missing-bio
Rep.

Mike Bishop

R MI-8 F 31% 2 2018
Rep.

Rodney Davis

R IL-13 F 30% 4 2018
Sen.

Lindsey Graham

R SC F 30% 14 2020
Rep.

Harold Rogers

R KY-5 F 30% 36 2018
Sen.

Johnny Isakson

R GA F 30% 12 2022
Sen.

Shelley Moore Capito

R WV F 29% 16 2020
Rep.

Rodney Frelinghuysen

R NJ-11 F 29% 22 2018
Rep.

Peter A. DeFazio

D OR-4 F 29% 30 2018
Rep. Darin LaHood
Rep.

Darin LaHood

R IL-18 F 29% 1 2018
Rep.

Dave Reichert

R WA-8 F 29% 12 2018
Mike Rounds
Sen.

Mike Rounds

R SD F 29% 2 2020
Rep.

Ken Calvert

R CA-42 F 29% 24 2018
Sen.

Roger Wicker

R MS F 28% 9 2018
Rep.

Raúl M. Grijalva

D AZ-3 F 28% 14 2018
Rep.

Charlie Dent

R PA-15 F 28% 12 2018
Rep.

Maxine Waters

D CA-43 F 28% 26 2018
Rep.

Peter T. King

R NY-2 F 27% 24 2018
Rep.

Kevin Cramer

R ND-0 F 27% 4 2018
Rep.

Susan Brooks

R IN-5 F 26% 4 2018
Rep.

Mark Pocan

D WI-2 F 26% 4 2018
Rep.

Mario Diaz-Balart

R FL-25 F 26% 14 2018
Rep.

Keith Ellison

D MN-5 F 26% 10 2018
missing-bio
Rep.

Tom MacArthur

R NJ-3 F 25% 2 2018
missing-bio
Rep.

Will Hurd

R TX-23 F 25% 2 2018
missing-bio
Rep.

Bruce Poliquin

R ME-2 F 25% 2 2018

https://www.conservativereview.com/scorecard

 

Story 3: Independence Party Coming Soon — Videos

 

Image result for trends in party affiliation in usa

The Meaning of Independence Day

Ayn Rand – Liberty vs Socialism

Why Can’t Third Parties Take Off?

How Did The U.S. End Up With A Two-Party System?

Third parties are the underpants gnomes of American politics

Ron Paul on voting Libertarian if Trump is GOP Nominee: Certainly!

The Libertarian Chick on Government Gone Wild!

Yaron Brook: Ayn Rand vs. Big Government

Trump and the Decline of America, a talk by Yaron Brook

Trump’s Comments on Ayn Rand

John Stossel – A Libertarian for Trump

Stossel – Ann Coulter Threatens Libertarians and John Stossel with Drowning Them – 10-23-2014

Libertarians for Trump? A Debate

Donald Trump on Libertarianism: ‘I like it. A lot of good things.’

Why I Was Wrong About Libertarians

Lew Rockwell: The Truth About Trump

Lew Rockwell Why Libertarians Are Wrong About Open Borders

Ron Paul and the six kinds of libertarianism

 

 

 

In politics, as of today, do you consider yourself a Republican, a Democrat or an independent?
Trend since 2004

 

Republicans Independents Democrats
% % %
2017 Mar 1-5 26 42 30
2017 Feb 1-5 31 37 31
2017 Jan 4-8 28 44 25
2016 Dec 7-11 28 39 29
2016 Nov 9-13 27 40 30
2016 Nov 1-6 27 36 31
2016 Oct 5-9 27 36 32
2016 Sep 14-18 27 40 32
2016 Sep 7-11 29 38 31
2016 Aug 3-7 27 38 31
2016 Jul 13-17 28 42 28
2016 Jun 14-23 28 39 31
2016 Jun 1-5 27 41 30
2016 May 18-22 27 45 28
2016 May 4-8 31 37 30
2016 Apr 6-10 25 44 31
2016 Mar 2-6 26 38 32
2016 Feb 3-7 30 37 30
2016 Jan 21-25 29 39 31
2016 Jan 6-10 26 44 29
2015 Dec 2-6 27 40 30
2015 Nov 4-8 28 39 30
2015 Oct 7-11 25 42 29
2015 Sep 9-13 27 43 27
2015 Aug 5-9 27 41 31
2015 Jul 8-12 23 46 28
2015 Jun 2-7 25 41 31
2015 May 6-10 26 41 30
2015 Apr 9-12 24 42 31
2015 Mar 6-9 27 44 28
2015 Feb 8-11 25 43 29
2015 Jan 5-8 29 42 28
2014 Dec 8-11 27 40 31
2014 Nov 6-9 28 41 28
2014 Oct 29-Nov 2 26 39 32
2014 Oct 12-15 33 35 29
2014 Sep 25-30 26 42 30
2014 Sep 4-7 25 47 26
2014 Aug 7-10 26 40 31
2014 Jul 7-10 23 45 29
2014 Jun 5-8 24 46 28
2014 May 8-11 24 43 31
2014 Apr 24-30 23 43 32
2014 Apr 3-6 25 42 29
2014 Mar 6-9 25 42 30
2014 Feb 6-9 23 45 30
2014 Jan 5-8 24 45 29
2013 Dec 5-8 24 44 30
2013 Nov 7-10 23 46 28
2013 Oct 3-6 20 47 30
2013 Sep 5-8 22 45 31
2013 Aug 7-11 24 43 31
2013 Jul 10-14 25 42 31
2013 Jun 20-24 26 41 31
2013 Jun 1-4 26 41 31
2013 May 2-7 28 39 32
2013 Apr 4-14 26 40 33
2013 Mar 7-10 27 36 35
2013 Feb 7-10 28 38 32
2013 Jan 7-10 27 38 33
2012 Dec 27-30 27 36 34
2012 Dec 19-22 25 35 38
2012 Dec 14-17 25 39 34
2012 Nov 26-29 29 37 31
2012 Nov 15-18 27 38 32
2012 Nov 9-12 28 38 33
2012 Nov 1-4 30 33 35
2012 Sep 24-27 28 38 32
2012 Sep 6-9 27 36 35
2012 Aug 20-22 28 41 31
2012 Aug 9-12 26 42 29
2012 Jul 19-22 28 41 30
2012 Jul 9-12 27 41 30
2012 Jun 7-10 30 39 30
2012 May 10-13 27 44 29
2012 May 3-5 28 38 32
2012 Apr 9-12 29 41 29
2012 Mar 8-11 27 42 30
2012 Feb 16-19 27 43 29
2012 Feb 2-5 27 43 29
2012 Jan 5-8 27 42 30
2011 Dec 15-18 30 42 27
2011 Nov 28-Dec 1 25 45 28
2011 Nov 3-6 27 35 36
2011 Oct 6-9 26 41 31
2011 Sep 15-18 21 46 32
2011 Sep 8-11 25 44 30
2011 Aug 11-14 28 44 26
2011 Aug 4-7 24 42 34
2011 Jul 12-15 25 42 30
2011 Jul 7-10 29 39 30
2011 Jun 9-12 30 38 29
2011 May 5-8 29 37 32
2011 Apr 20-23 31 36 32
2011 Apr 7-11 26 42 30
2011 Mar 25-27 25 40 32
2011 Mar 3-6 29 39 29
2011 Feb 2-5 28 40 31
2011 Jan 14-16 28 42 28
2011 Jan 7-9 29 37 31
2010 Dec 10-12 33 34 32
2010 Nov 19-21 29 40 29
2010 Nov 4-7 26 41 31
2010 Oct 28-31 29 36 32
2010 Oct 21-24 29 34 33
2010 Oct 14-17 30 36 30
2010 Oct 7-10 30 34 33
2010 Sep 30-Oct 3 29 37 30
2010 Sep 23-26 30 34 32
2010 Sep 13-16 30 41 28
2010 Aug 27-30 28 41 30
2010 Aug 5-8 29 40 30
2010 Jul 27-Aug 1 30 37 31
2010 Jul 8-11 26 40 30
2010 Jun 11-13 28 33 36
2010 May 24-25 28 40 30
2010 May 3-6 30 36 32
2010 Apr 8-11 26 42 29
2010 Mar 26-28 28 40 31
2010 Mar 4-7 29 39 30
2010 Feb 1-3 27 40 33
2010 Jan 8-10 28 36 34
2009 Dec 11-13 29 36 33
2009 Oct 16-19 25 41 32
2009 Oct 1-4 27 38 33
2009 Sep 11-13 26 40 33
2009 Aug 31-Sep 2 28 36 35
2009 Aug 6-9 28 35 35
2009 Jul 17-19 26 39 33
2009 Jul 10-12 29 33 37
2009 Jun 14-17 29 37 32
2009 May 29-31 26 37 35
2009 May 7-10 32 34 32
2009 Apr 20-21 27 36 36
2009 Apr 6-9 24 40 35
2009 Mar 27-29 28 35 35
2009 Mar 5-8 25 35 38
2009 Feb 20-22 27 36 34
2009 Feb 9-12 29 36 33
2009 Jan 30-Feb 1 27 35 36
2009 Jan 9-11 30 33 36
2008 Dec 12-14 26 35 37
2008 Dec 4-7 27 33 37
2008 Nov 13-16 26 35 39
2008 Nov 7-9 28 37 33
2008 Oct 23-26 33 32 34
2008 Oct 10-12 30 33 35
2008 Oct 3-5 27 38 33
2008 Sep 26-27 28 35 35
2008 Sep 8-11 32 31 35
2008 Sep 5-7 30 34 35
2008 Aug 21-23 27 37 36
2008 Aug 7-10 31 32 35
2008 Jul 25-27 29 33 36
2008 Jul 10-13 27 35 35
2008 Jun 15-19 30 35 34
2008 Jun 9-12 29 36 33
2008 May 30-Jun1 26 36 37
2008 May 8-11 27 35 37
2008 May 1-3 27 37 36
2008 Apr 18-20 25 38 36
2008 Apr 6-9 26 35 37
2008 Mar 14-16 29 33 38
2008 Mar 6-9 28 37 34
2008 Feb 21-24 29 34 36
2008 Feb 11-14 26 34 40
2008 Feb 8-10 28 34 37
2008 Jan 30-Feb 2 29 36 35
2008 Jan 10-13 28 38 34
2008 Jan 4-6 30 35 34
2007 Dec 14-16 27 39 33
2007 Dec 6-9 30 36 32
2007 Nov 30-Dec 2 28 41 31
2007 Nov 11-14 27 38 33
2007 Nov 2-4 25 41 34
2007 Oct 12-14 24 43 31
2007 Oct 4-7 28 38 32
2007 Sep 14-16 28 38 33
2007 Sep 7-8 26 41 32
2007 Aug 13-16 28 40 30
2007 Aug 3-5 27 43 30
2007 Jul 12-15 29 37 32
2007 Jul 6-8 25 43 31
2007 Jun 11-14 27 38 34
2007 Jun 1-3 31 36 31
2007 May 10-13 27 38 34
2007 May 4-6 27 40 33
2007 Apr 13-15 29 36 34
2007 Apr 2-5 30 36 34
2007 Mar 23-25 29 36 33
2007 Mar 11-14 31 35 32
2007 Mar 2-4 27 37 35
2007 Feb 9-11 26 41 32
2007 Feb 1-4 26 37 35
2007 Jan 15-18 30 32 36
2007 Jan 12-14 28 40 32
2007 Jan 5-7 27 42 31
2006 Dec 11-14 30 34 35
2006 Dec 8-10 29 36 34
2006 Nov 9-12 24 40 35
2006 Nov 2-5 31 32 34
2006 Oct 20-22 29 34 35
2006 Oct 9-12 28 35 34
2006 Oct 6-8 29 31 38
2006 Sep 15-17 31 34 34
2006 Sep 7-10 30 33 35
2006 Aug 18-20 33 32 34
2006 Aug 7-10 31 31 36
2006 Jul 28-30 32 29 38
2006 Jul 21-23 29 37 33
2006 Jul 6-9 31 33 34
2006 Jun 23-26 26 36 37
2006 Jun 9-11 35 27 37
2006 Jun 1-4 30 35 34
2006 May 12-13 30 36 34
2006 May 8-11 29 35 34
2006 May 5-7 29 37 32
2006 Apr 28-30 30 35 34
2006 Apr 10-13 31 33 35
2006 Apr 7-9 31 33 35
2006 Mar 13-16 28 36 33
2006 Mar 10-12 32 33 34
2006 Feb 28-Mar 1 32 31 35
2006 Feb 9-12 30 39 31
2006 Feb 6-9 33 34 30
2006 Jan 20-22 32 32 34
2006 Jan 9-12 34 34 31
2006 Jan 6-8 34 33 32
2005 Dec 19-22 29 36 32
2005 Dec 16-18 31 36 32
2005 Dec 9-11 30 38 31
2005 Dec 5-8 36 31 31
2005 Nov 17-20 33 30 34
2005 Nov 11-13 31 34 34
2005 Nov 7-10 32 33 33
2005 Oct 28-30 32 37 30
2005 Oct 24-26 33 30 35
2005 Oct 21-23 34 33 33
2005 Oct 13-16 30 33 36
2005 Sep 26-28 32 34 33
2005 Sep 16-18 30 33 36
2005 Sep 12-15 30 37 31
2005 Sep 8-11 33 34 32
2005 Aug 28-30 32 32 35
2005 Aug 22-25 29 34 35
2005 Aug 8-11 33 30 35
2005 Aug 5-7 33 35 31
2005 Jul 25-28 28 37 33
2005 Jul 22-24 32 31 36
2005 Jul 7-10 30 33 35
2005 Jun 29-30 29 31 38
2005 Jun 24-26 33 32 34
2005 Jun 16-19 33 31 34
2005 Jun 6-8 33 34 31
2005 May 23-26 33 34 31
2005 May 20-22 29 33 36
2005 May 2-5 35 30 34
2005 Apr 29-May 1 34 34 31
2005 Apr 18-21 35 29 35
2005 Apr 1-2 35 33 31
2005 Mar 21-23 32 29 37
2005 Mar 18-20 35 31 32
2005 Mar 7-10 35 31 32
2005 Feb 25-27 38 27 34
2005 Feb 21-24 37 31 29
2005 Feb 7-10 34 30 35
2005 Feb 4-6 37 35 28
2005 Jan 14-16 33 36 30
2005 Jan 7-9 35 29 36
2005 Jan 3-5 37 27 35
2004 Dec 17-19 33 30 35
2004 Dec 5-8 37 29 32
2004 Nov 19-21 38 31 30
2004 Nov 7-10 38 27 35
2004 Oct 29-31 34 27 37
2004 Oct 22-24 35 29 36
2004 Oct 14-16 38 29 33
2004 Oct 11-14 33 32 35
2004 Oct 9-10 35 30 34
2004 Oct 1-3 36 27 37
2004 Sep 24-26 39 28 31
2004 Sep 13-15 37 29 33
2004 Sep 3-5 37 29 34
2004 Aug 23-25 35 32 32
2004 Aug 9-11 36 29 34
2004 Jul 30-Aug 1 35 28 36
2004 Jul 19-21 37 28 34
2004 Jul 8-11 35 27 36
2004 Jun 21-23 32 33 34
2004 Jun 3-6 33 31 35
2004 May 21-23 33 31 34
2004 May 7-9 32 32 33
2004 May 2-4 32 31 36
2004 Apr 16-18 32 32 34
2004 Apr 5-8 34 30 34
2004 Mar 26-28 36 30 32
2004 Mar 8-11 31 35 33
2004 Mar 5-7 33 31 35
2004 Feb 16-17 30 39 31
2004 Feb 9-12 32 35 32
2004 Feb 6-8 33 36 30
2004 Jan 29-Feb 1 31 35 33
2004 Jan 12-15 32 33 34
2004 Jan 9-11 33 35 31
2004 Jan 2-5 32 40 28
GALLUP

 

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The Pronk Pops Show 863, March 29, 2017, Story 1: Obama Administration Requested The Unmasking of American Citizens Names From National Security Agency Documents –Big Brother Is Spying On You — Videos — Story 2: Democrats Focus On Republican Intelligence Committee Chairman Devin Nunes Instead of Invasion of Privacy of American People By Former Democratic President Barack Obama — Obamagate — Videos

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Story 1: Obama Administration Requested The Unmasking of American Citizens Names From National Security Agency Documents –Big Brother Barack Was Spying On You — Videos — 

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Obama’s rule changes opened door for NSA intercepts of Americans to reach political hands

by John Solomon and Sara Carter

As his presidency drew to a close, Barack Obama’s top aides routinely reviewed intelligence reports gleaned from the National Security Agency’s incidental intercepts of Americans abroad, taking advantage of rules their boss relaxed starting in 2011 to help the government better fight terrorism, espionage by foreign enemies and hacking threats, Circa has learned.

The NSA is expected to turn over logs as early as this week to congressional committees detailing who consumed reports with unmasked Americans’ identities from their intercepts since the summer of 2016.

This information is likely to become a primary focus of the Russia counterintelligence probe of the House and Senate Intelligence Committees.

Circa confirmed the unmasking procedures through interviews with intelligence professionals and by reviewing previously classified documents it obtained that described the loosening of privacy requirements.

To intelligence professionals, the public revelations affirm an undeniable reality.

Over the last decade, the assumption of civil liberty and privacy protections for Americans incidentally intercepted by the NSA overseas has been eroded in the name of national security.

Today, the power to unmask an American’s name inside an NSA intercept — once considered a rare event in the intelligence and civil liberty communities — now resides with about 20 different officials inside the NSA alone. The FBI also has the ability to unmask Americans’ names to other intelligence professionals and policymakers.

And the justification for requesting such unmasking can be as simple as claiming “the identity of the United States person is necessary to understand foreign intelligence information or assess its importance,” according to a once-classified document that the Obama administration submitted in October 2011 for approval by the Foreign Intelligence Surveillance Court. It laid out specifically how and when the NSA could unmask an American’s identity.

A U.S. intelligence official directly familiar with the procedures told Circa that while the unmasking requirements have been eased and the availability of intercepts widened, the NSA still regards protecting Americans’ privacy as essential.

“When [the NSA] uses their authority to unmask them we have very stringent rules,” the official said, speaking only on condition of anonymity due to secret nature of the NSA’s work. “We have very strict oversight from all three branches of government — the executive, judicial and legislative.

Spokesmen for Obama, Brennan, Lynch and Rice did not immediately return calls Tuesday seeking comment. However, when questioned recently about House Intelligence Committee Chairman Devin Nunes’ allegations that Obama administration officials had access to unmasked American intercepts of Trump associates at the end of the Obama presidency, Rice said she knew of no reason for concern.

“I know nothing about this. I was surprised to see reports from Chairman Nunes on that account today,” Rice told PBS.

“There may be very good reasons for some political appointees to need access to a non-minimized intelligence reporting but we don’t know and given the breadth of unmasked sharing that went on, there is the strong possibility of abusive or excessive access that harmed Americans’ privacy,” said an intel source familiar with the data. Added another: “Wholesale access to unmasked incidental NSA intercepts essentially created the potential for spying on Americans overseas after the fact, which is exactly what our foreign intelligence arms are not supposed to be doing.”

The ACLU, an ally of Obama on many issues, issued a statement a few months ago warning that the president’s loosened procedures governing who could request or see unmasked American intercepts by the NSA were “grossly inadequate” and lacked “appropriate safeguards.”

Nunes, the House intelligence panel chairman who was not interviewed for this story, alleged in the last week he has received evidence that Obama administration political figures gained access to unmasked American identities through foreign intercepts involving the Trump transition team between November and January.

The FBI and House and Senate intelligence committee will also try to determine if that access led to the leaking of sensitive intelligence, such as the media reports that Trump National Security adviser Mike Flynn was intercepted last December by the FBI having contact with the Russian ambassador.

The NSA is strictly forbidden from targeting Americans for surveillance while carrying out is perfectly legal and essential mission to spy on foreign powers, encoded in FISA’s Section 702.

The NSA, however, was granted dispensation from any penalty if it wiretaps or collects information of an American accidentally, an event known as an incidental collection.

The number of senior government officials who could approve unmasking had been limited to just a few, like the NSA director himself.

One of those relaxations came in 2011 when Attorney General Eric Holder sent a memo to the FISA court laying out the rules for sharing unmasked intercepts of Americans captured incidentally by the NSA. The court approved the approach.

In 2015, those rules were adapted to determine not only how the FBI got access to unmasked intelligence from NSA or FISA intercepts but also other agencies. One of the requirements, the NSA and FBI had to keep good records of who requested and gained access to the unredacted information.

And in his final days in office, Obama created the largest ever expansion of access to non-minimized NSA intercepts, creating a path for all U.S. intelligence to gain access to unmasked reports by changes encoded in a Reagan-era Executive Order 12333.

The government officials who could request or approve an exception to unmask a U.S. citizen’s identity has grown substantially. The NSA now has 20 executives who can approve the unmasking of American information inside intercepts, and the FBI has similar numbers.

And executives in 16 agencies — not just the FBI, CIA and NSA — have the right to request unmasked information.

Even when an American’s name isn’t included in a report, the NSA’s intercept information could be so specific that it identifies them.

In one hypothetical example offered by an intelligence professional, “if NSA included a day-after-the-election intercept of foreign leaders congratulating an American on his election to the presidency, it wouldn’t be hard to figure out the intercepted person was Donald Trump in 2016 or Barack Obama back in 2008.”

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Executive Order 12333

From Wikipedia, the free encyclopedia

Executive Order 12333 was signed by President Ronald Reagan on December 4, 1981.

On December 4, 1981, U.S. President Ronald Reagan signed Executive Order 12333, an Executive Order intended to extend powers and responsibilities of U.S. intelligence agencies and direct the leaders of U.S. federal agencies to co-operate fully with CIA requests for information.[1] This executive order was entitled United States Intelligence Activities.

It was amended by Executive Order 13355: Strengthened Management of the Intelligence Community, on August 27, 2004. On July 30, 2008, President George W. Bush issued Executive Order 13470[2] amending Executive Order 12333 to strengthen the role of the DNI.[3][4]

Part 1

“Goals, Direction, Duties and Responsibilities with Respect to the National Intelligence Effort” lays out roles for various intelligence agencies, including the Departments of Defense, Energy, State, and Treasury.

Part 2

“Conduct of Intelligence Activities” provides guidelines for actions of intelligence agencies.

Collection of Information

Part 2.3 permits collection, retention and dissemination of the following types of information along with several others.

“(c) Information obtained in the course of a lawful foreign intelligence, counterintelligence, international narcotics or international terrorism investigation”[1]

“(i) Incidentally obtained information that may indicate involvement in activities that may violate federal, state, local or foreign laws”[1]

Proscription on assassination

Part 2.11 of this executive order reiterates a proscription on US intelligence agencies sponsoring or carrying out an assassination. It reads:[5]

No person employed by or acting on behalf of the United States Government shall engage in, or conspire to engage in, assassination.

Previously, EO 11905 (Gerald Ford) had banned political assassinations and EO 12036 (Jimmy Carter) had further banned indirect U.S. involvement in assassinations.[6] As early as 1998, this proscription against assassination was reinterpreted, and relaxed, for targets who are classified by the United States as connected to terrorism.[7][8]

Impact

Executive Order 12333 has been regarded by the American intelligence community as a fundamental document authorizing the expansion of data collection activities.[9] The document has been employed by the National Security Agency as legal authorization for its collection of unencrypted information flowing through the data centers of internet communications giants Google and Yahoo!.[9]

In July 2014 chairman David Medine and two other members of the Privacy and Civil Liberties Oversight Board, a government oversight agency, indicated a desire to review Executive Order 12333 in the near future, according to a report by journalist Spencer Ackerman of The Guardian.[9]

In July 2014, former State Department official John Tye published an editorial in The Washington Post, citing his prior access to classified material on intelligence-gathering activities under Executive Order 12333, and arguing that the order represented a significant threat to Americans’ privacy and civil liberties.[10]

See also

Footnotes

  1. ^ Jump up to:a b c Ronald Reagan, “Executive Order 12333—United States Intelligence Activities,” US Federal Register, Dec. 4, 1981.
  2. Jump up^ “Executive Order 13470”. Fas.org. Retrieved May 6, 2011.
  3. Jump up^ “Bush Orders Intelligence Overhaul”, by Associated Press, July 31, 2008
  4. Jump up^ Executive Order: Further Amendments to Executive Order 12333, United States Intelligence Activities, White House, July 31, 2008
  5. Jump up^ “Executive Orders”. Archives.gov. Retrieved May 6, 2011.
  6. Jump up^ CRS Report for Congress Assassination Ban and E.O. 12333: A Brief Summary January 4, 2002
  7. Jump up^ Walter Pincus (February 15, 1998). “Saddam Hussein’s Death Is a Goal, Says Ex-CIA Chief”. The Washington Post. p. A36. Archived from the original on December 30, 2008. Retrieved December 30, 2008.
  8. Jump up^ Barton Gellman (October 21, 2001). “CIA Weighs ‘Targeted Killing’ Missions: Administration Believes Restraints Do Not Bar Singling Out Individual Terrorists”. The Washington Post. p. A01. Archived from the original on December 30, 2008. Retrieved December 30, 2008.
  9. ^ Jump up to:a b c Spencer Ackerman, “NSA Reformers Dismayed after Privacy Board Vindicates Surveillance Dragnet: Privacy and Civil Liberties Oversight Board Endorses Agency’s So-called ‘702’ Powers, Plus Backdoor Searches of Americans’ Information”, ‘The Guardian (London), July 2, 2014.
  10. Jump up^ Farivar, Cyrus (August 20, 2014). “Meet John Tye: the kinder, gentler, and by-the-book whistleblower”. Ars Technica.

Further reading

Full text

External links

Sensitive Compartmented Information Facility

From Wikipedia, the free encyclopedia

National Security Advisor Susan Rice and President Barack Obama speaking on secure phones in a Sensitive Compartmented Information Facility after the 2016 Brussels bombings

A Sensitive Compartmented Information Facility (SCIF; pronounced “skiff”) in United States military, national security/national defense and intelligence parlance, is an enclosed area within a building that is used to process Sensitive Compartmented Information (SCI) types of classified information.

SCI is usually only briefed, discussed, and stored in an accredited SCIF.[citation needed]

Access

Access to SCIFs is normally limited to those individuals with appropriate security clearances.[1] Non-cleared personnel in SCIF must be under the constant oversight of cleared personnel and all classified information and material removed from view in order to prevent unauthorized access to said information and material;[2] as part of this process, non-cleared personnel are also typically required to surrender all recording, photographic and other electronic media devices.[3] All of the activity and conversation inside is presumed restricted from public disclosure.

Construction

Some entire buildings are SCIFs where all but the front foyer is secure. A SCIF can also be located in an air, ground or maritime vehicle, or can be established on a temporary basis at a specific site. The physical construction, access control, and alarming of the facility has been defined by various directives, including Director of Central Intelligence Directives (DCIDs) 1/21 and 6/9, and most recently (2011) by Intelligence Community Directive (ICD) 705, signed by the Director of National Intelligence. ICD 705 is a three-page capstone document that implements Intelligence Community Standard (ICS) 705-1, ICS 705-2 and the TECHNICAL SPECIFICATIONS FOR CONSTRUCTION AND MANAGEMENT OF SENSITIVE COMPARTMENTED INFORMATION FACILITIES or “Tech Specs.” The latest version of the Tech Specs was published in September 2015 (Version 1.3).

Computers operating within such a facility must conform to rules established by ICD 503. Computers and telecommunication equipment within must conform to TEMPEST emanations specification as directed by a Certified TEMPEST Technical Authority (CTTA).

See also

References

External links

https://en.wikipedia.org/wiki/Sensitive_Compartmented_Information_Facility

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The Pronk Pops Show 862, March 28, 2017, Story 1: Energy Independence and An Industrial Renaissance — Jobs — Jobs — Jobs — Making America Great Again — Videos — Story 2: Repeal and Replacement of Obamacare Bill Will Back Shortly — Stay Tuned — Videos

Posted on March 28, 2017. Filed under: American History, Blogroll, Breaking News, Chemistry, China, Coal, Coal, Congress, Constitutional Law, Corruption, Countries, Donald J. Trump, Donald J. Trump, Donald Trump, Donald Trump, Economics, Energy, Environment, Foreign Policy, Geology, Government, Government Spending, History, House of Representatives, Illegal Immigration, Immigration, Law, Natural Gas, Natural Gas, News, Nuclear, Oil, Oil, Philosophy, Photos, Politics, President Barack Obama, President Trump, Private Sector Unions, Public Sector Unions, Radio, Raymond Thomas Pronk, Resources, Rule of Law, Science, Senate, Solar, Taxation, Taxes, Transportation, Unions, United States of America, Videos, Wealth, Weather, Wisdom | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

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The Pronk Pops Show Podcasts

Pronk Pops Show 862: March 28, 2017

Pronk Pops Show 861: March 27, 2017

Pronk Pops Show 860: March 24, 2017

Pronk Pops Show 859: March 23, 2017

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Pronk Pops Show 857: March 21, 2017

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Pronk Pops Show 855: March 10, 2017

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Pronk Pops Show 850: March 2, 2017

Pronk Pops Show 849: March 1, 2017

Pronk Pops Show 848: February 28, 2017

Pronk Pops Show 847: February 27, 2017

Pronk Pops Show 846: February 24, 2017

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Pronk Pops Show 841: February 17, 2017

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Pronk Pops Show 839: February 15, 2017

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Pronk Pops Show 828: January 31, 2017

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Pronk Pops Show 817: January 13, 2017

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Pronk Pops Show 815: January 11, 2017

Pronk Pops Show 814: January 10, 2017

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Pronk Pops Show 812: December 12, 2016

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Pronk Pops Show 807: December 5, 2016

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Pronk Pops Show 805: December 1, 2016

Story 1: Energy Independence and An Industrial Renaissance — Jobs — Jobs — Jobs — Making America Great Again — Videos —

Image result for cartoons climate change brancoImage result for president trump signs executive order energy
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Image result for coal power plant scubbers
Image result for president trump signs executive order energy

Obama’s Promise the Bankrupt the Coal Industry

What does a coal plant scrubber look like?

Trump signs order undoing Obama climate regulations

President Trump Full Speech at an Energy Independence Executive Order Signing 3/28/17

President Trump Signs an Energy Independence Executive Order

MidAmerican Energy Coal-Fueled Power Plant Virtual Tour

Coal Fired Power Plant

Coal Power Plant

MIT Professor Richard Lindzen On the Corruption of Climate Science

Nobel Laureate Smashes the Global Warming Hoax

Nobel Laureate in Physics; “Global Warming is Pseudoscience”

Freeman Dyson on the Global Warming Hysteria April, 2015

The Great Global Warming Swindle Full Movie

Climate Fraud! Global Warming Hoax! Professor John R. Christy

Climate Scientist: Global Warming for Dummies and Activists

Global Warming / Climate Change Hoax – Dr. Roy Spencer (1)

Dr David Evans: Global Warming is Manmade? (1 of 2)

Dr David Evans: Global Warming is Manmade? (2 of 2)

Dr David Evans: Politics of Global Warming

Climate Change in 12 Minutes – The Skeptic’s Case

The Global Warming Hoax Explained for Dummies

George Carlin on Global Warming

By Valerie Volcovici and Jeff Mason | WASHINGTON

U.S. President Donald Trump signed an executive order on Tuesday to undo a slew of Obama-era climate change regulations that his administration says is hobbling oil drillers and coal miners, a move environmental groups have vowed to take to court.

The decree’s main target is former President Barack Obama’s Clean Power Plan that required states to slash carbon emissions from power plants – a critical element in helping the United States meet its commitments to a global climate change accord reached by nearly 200 countries in Paris in 2015.

The so-called “Energy Independence” order also reverses a ban on coal leasing on federal lands, undoes rules to curb methane emissions from oil and gas production, and reduces the weight of climate change and carbon emissions in policy and infrastructure permitting decisions.

“I am taking historic steps to lift restrictions on American energy, to reverse government intrusion, and to cancel job-killing regulations,” Trump said at the Environmental Protection Agency headquarters, speaking on a stage lined with coal miners.

The wide-ranging order is the boldest yet in Trump’s broader push to cut environmental regulation to revive the drilling and mining industries, a promise he made repeatedly during the presidential campaign. But energy analysts and executives have questioned whether the moves will have a big effect on their industries, and environmentalists have called them reckless.

“I cannot tell you how many jobs the executive order is going to create but I can tell you that it provides confidence in this administration’s commitment to the coal industry,” Kentucky Coal Association president Tyler White told Reuters.

Trump signed the order with EPA Administrator Scott Pruitt, Interior Secretary Ryan Zinke, Energy Secretary Rick Perry and Vice President Mike Pence by his side.

U.S. presidents have aimed to reduce U.S. dependence on foreign oil since the Arab oil embargo of the 1970s, which triggered soaring prices. But the United States still imports about 7.9 million barrels of crude oil a day, almost enough meet total oil demand in Japan and India combined.

U.S. President Donald Trump holds up an executive order on ‘energy independence,’ eliminating Obama-era climate change regulations, during a signing ceremony at the Environmental Protection Agency (EPA) headquarters in Washington, U.S., March 28, 2017. REUTERS/Carlos Barria

While Trump’s administration has said reducing environmental regulation will create jobs, some green groups have countered that rules supporting clean energy have done the same.

The number of jobs in the U.S. wind power industry rose 32 percent last year while solar power jobs rose by 25 percent, according to a Department of Energy study.

‘ASSAULT ON AMERICAN VALUES’

Environmental groups hurled scorn on Trump’s order, arguing it is dangerous and goes against the broader global trend toward cleaner energy technologies.

“These actions are an assault on American values and they endanger the health, safety and prosperity of every American,” said billionaire environmental activist Tom Steyer, the head of activist group NextGen Climate.

Green group Earthjustice was one of many organizations that said it will fight the order both in and out of court. “This order ignores the law and scientific reality,” said its president, Trip Van Noppen.

An overwhelming majority of scientists believe that human use of oil and coal for energy is a main driver of climate change, causing a damaging rise in sea levels, droughts, and more frequent violent storms.

But Trump and several members of his administration have doubts about climate change, and Trump promised during his campaign to pull the United States out of the Paris climate accord, arguing it would hurt U.S. business.

Since being elected Trump has been mum on the Paris deal and the executive order does not address it.

Christiana Figueres, former executive secretary of the United Nations Framework Convention on Climate Change who helped broker the Paris accord, lamented Trump’s order.

“Trying to make fossil fuels remain competitive in the face of a booming clean renewable power sector, with the clean air and plentiful jobs it continues to generate, is going against the flow of economics,” she said.

The order will direct the EPA to start a formal “review” process to undo the Clean Power Plan, which was introduced by Obama in 2014 but was never implemented in part because of legal challenges brought by Republican-controlled states.

The Clean Power Plan required states to collectively cut carbon emissions from power plants by 32 percent below 2005 levels by 2030.

Some 85 percent of U.S. states are on track to meet the targets despite the fact the rule has not been implemented, according to Bill Becker, director of the National Association of Clean Air Agencies, a group of state and local air pollution control agencies.

Trump’s order also lifts the Interior Department’s Bureau of Land Management’s temporary ban on coal leasing on federal property put in place by Obama in 2016 as part of a review to study the program’s impact on climate change and ensure royalty revenues were fair to taxpayers.

It also asks federal agencies to discount the cost of carbon in policy decisions and the weight of climate change considerations in infrastructure permitting, and reverses rules limiting methane leakage from oil and gas facilities.

http://www.reuters.com/article/us-usa-trump-energy-idUSKBN16Z1L6

 Story 2: Repeal and Replacement Bill Will Back Shortly — Videos

Shep Smith goes off on Trump’s incompetent health care strategy on Monday– March 27, 2017.

WASHINGTON — House Republican leaders and the White House, under extreme pressure from conservative activists, have restarted negotiations on legislation to repeal the Affordable Care Act, with House leaders declaring that Democrats were celebrating the law’s survival prematurely.

Just days after President Trump said he was moving on to other issues, senior White House officials are now saying they have hope that they can still score the kind of big legislative victory that has so far eluded Mr. Trump. Vice President Mike Pence was dispatched to Capitol Hill on Tuesday for lunchtime talks.

“We’re not going to retrench into our corners or put up dividing lines,” House Speaker Paul D. Ryan said after a meeting of House Republicans that was dominated by a discussion of how to restart the health negotiations. “There’s too much at stake to get bogged down in all of that.”

The House Republican whip, Steve Scalise of Louisiana, said of Democrats, “Their celebration is premature. We are closer to repealing Obamacare than we ever have been before.”

It is not clear what political dynamics might have changed since Friday, when a coalition of hard-line conservatives and more moderate Republicans torpedoed legislation to repeal President Barack Obama’s signature domestic achievement. The replacement bill would still leave 24 million more Americans without insurance after a decade, a major worry for moderate Republicans. It would also leave in place regulations on the health insurance industry that conservatives find anathema.

Mr. Ryan declined to say what might be in the next version of the Republicans’ repeal bill, nor would he sketch any schedule for action. But he said Congress needed to act because insurers were developing the premiums and benefit packages for health plans they would offer in 2018, with review by federal and state officials beginning soon.

The new talks, which have been going on quietly this week, involve Stephen K. Bannon, the president’s chief strategist, and members of the two Republican factions that helped sink the bill last week, the hard-right Freedom Caucus and the more centrist Tuesday Group.

Any deal would require overcoming significant differences about how to rework a law that covers about one-fifth of the American economy, differences that were so sharp they led Mr. Trump and Mr. Ryan to pull the bill from consideration just as the House was scheduled to vote on Friday.

Still, Republican members of Congress said they hoped that revisiting the issue would lead this time to a solution and a vote in the House.

“I think everyone wants to get to yes and support President Trump,” said Representative Dave Brat, Republican of Virginia and a Freedom Caucus member. “There is a package in there that is a win-win.”

Representative Raúl Labrador of Idaho, another Freedom Caucus member, said he hoped the discussions would yield a compromise that brings the party together after a divisive debate that revealed deep fissures. “I think we will have a better, stronger product that will unify the conference,” Mr. Labrador said.

Mr. Trump has sent mixed signals in recent days, at times blaming the Freedom Caucus, outside groups and even, it appeared, Mr. Ryan. On Monday, for instance, he said in a late-night Twitter post that the Freedom Caucus was able to “snatch defeat from the jaws of victory” over the health care repeal. “After so many bad years they were ready for a win!”

But then he suggested that he could also cut a deal with Democrats, a move that would almost certainly make more conservative members of the House balk. “Don’t worry,” he tweeted later Monday night, “we are in very good shape!”

Mr. Ryan said House Republicans were determined to use the next version of the repeal bill, like the first version, as a vehicle to cut off federal funds for Planned Parenthood clinics.

Asked if he saw any signs that members of the conservative House Freedom Caucus might be willing to compromise, he said: “I don’t want us to become a factionalized majority. I want us to become a unified majority, and that means we’re going to sit down and talk things out until we get there, and that’s exactly what we’re doing.”

“We saw good overtures from those members from different parts of our conference to get there because we all share these goals, and we’re just going to have to figure out how to get it done,” Mr. Ryan said.

Mr. Scalise said that “we’re going to keep working” because “this issue isn’t going away,” and he added: “Obamacare continues to fail the American people. You’re going to continue to see double-digit increases in premiums because Obamacare doesn’t work.”

Democrats took formal steps to get involved in what they called improving the Affordable Care Act. Representative Nancy Pelosi of California, the Democratic leader, sent a letter to House Democrats calling for suggestions in ways to make the health law work better. “We can then discuss these suggestions in our caucus and be prepared at the earliest possible time to go forward,” she said.

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The Pronk Pops Show 861, March 27, 2017, Story 1: Downsizing or Shrinking Not Streamlining of The Federal Government or Administrative State Is What Is Required — Good Intentions Are Not Enough — Results Count — Small Limited Government — Videos — Story 2 : Attorney General Sessions Moves To Enforce Federal Law in Sanctuary Cities — Videos

Posted on March 27, 2017. Filed under: American History, Blogroll, Breaking News, Budgetary Policy, Cartoons, College, Communications, Congress, Constitutional Law, Corruption, Countries, Culture, Donald J. Trump, Donald J. Trump, Donald Trump, Donald Trump, Economics, Employment, Federal Government, Fiscal Policy, Freedom of Speech, Government, History, House of Representatives, Human, Law, Life, Media, Philosophy, Photos, Politics, Radio, Raymond Thomas Pronk, Regulation, Rule of Law, Senate, Tax Policy, Taxation, Taxes, Terror, Terrorism, United States of America, Videos, Wealth, Weather, Welfare Spending, Wisdom | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

 

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The Pronk Pops Show Podcasts

Pronk Pops Show 861: March 27, 2017

Pronk Pops Show 860: March 24, 2017

Pronk Pops Show 859: March 23, 2017

Pronk Pops Show 858: March 22, 2017

Pronk Pops Show 857: March 21, 2017

Pronk Pops Show 856: March 20, 2017

Pronk Pops Show 855: March 10, 2017

Pronk Pops Show 854: March 9, 2017

Pronk Pops Show 853: March 8, 2017

Pronk Pops Show 852: March 6, 2017

Pronk Pops Show 851: March 3, 2017

Pronk Pops Show 850: March 2, 2017

Pronk Pops Show 849: March 1, 2017

Pronk Pops Show 848: February 28, 2017

Pronk Pops Show 847: February 27, 2017

Pronk Pops Show 846: February 24, 2017

Pronk Pops Show 845: February 23, 2017

Pronk Pops Show 844: February 22, 2017

Pronk Pops Show 843: February 21, 2017

Pronk Pops Show 842: February 20, 2017

Pronk Pops Show 841: February 17, 2017

Pronk Pops Show 840: February 16, 2017

Pronk Pops Show 839: February 15, 2017

Pronk Pops Show 838: February 14, 2017

Pronk Pops Show 837: February 13, 2017

Pronk Pops Show 836: February 10, 2017

Pronk Pops Show 835: February 9, 2017

Pronk Pops Show 834: February 8, 2017

Pronk Pops Show 833: February 7, 2017

Pronk Pops Show 832: February 6, 2017

Pronk Pops Show 831: February 3, 2017

Pronk Pops Show 830: February 2, 2017

Pronk Pops Show 829: February 1, 2017

Pronk Pops Show 828: January 31, 2017

Pronk Pops Show 827: January 30, 2017

Pronk Pops Show 826: January 27, 2017

Pronk Pops Show 825: January 26, 2017

Pronk Pops Show 824: January 25, 2017

Pronk Pops Show 823: January 24, 2017

Pronk Pops Show 822: January 23, 2017

Pronk Pops Show 821: January 20, 2017

Pronk Pops Show 820: January 19, 2017

Pronk Pops Show 819: January 18, 2017

Pronk Pops Show 818: January 17, 2017

Pronk Pops Show 817: January 13, 2017

Pronk Pops Show 816: January 12, 2017

Pronk Pops Show 815: January 11, 2017

Pronk Pops Show 814: January 10, 2017

Pronk Pops Show 813: January 9, 2017

Pronk Pops Show 812: December 12, 2016

Pronk Pops Show 811: December 9, 2016

Pronk Pops Show 810: December 8, 2016

Pronk Pops Show 809: December 7, 2016

Pronk Pops Show 808: December 6, 2016

Pronk Pops Show 807: December 5, 2016

Pronk Pops Show 806: December 2, 2016

Pronk Pops Show 805: December 1, 2016

 Story 1: Downsizing Not Streamlining of The Federal Government Is What Is Required — Videos – 

 

 

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Sean Spicer announces new office for Trump’s son-in-law Jared Kushner

Jared Kushner’s New Job

Jared Kushner Will Oversee Federal Overhaul

Jared Kushner gets new White House role amid Russia questions

Trump taps Jared Kushner to lead WH Office on Government innovation

Jared Kushner gets new White House role

Milton Friedman on Libertarianism (Part 4 of 4)

TAKE IT TO THE LIMITS: Milton Friedman on Libertarianism

John Stossel – Downsizing Government

Dan Mitchell Explaining How Government Screws Up Everything

Dan Mitchell Discussing Austerity, Keynesianism, the IMF, Fiscal Policy, and Capitol Hill Squabbles

Here are the federal agencies Trump plans to cut as President

Who is Jared Kushner?

Jared Kushner is President-elect Donald Trump’s son-in-law but he’s also one of his key confidants. Here’s a closer look at the man who is expected to be a senior adviser to the president in Trump’s White House. (Video: Deirdra O’Regan/Photo: Jabin Botsford/The Washington Post)
March 26 at 10:00 PM
President Trump plans to unveil a new White House office on Monday with sweeping authority to overhaul the federal bureaucracy and fulfill key campaign promises — such as reforming care for veterans and fighting opioid addiction — by harvesting ideas from the business world and, potentially, privatizing some government functions.The White House Office of American Innovation, to be led by Jared Kushner, the president’s son-in-law and senior adviser, will operate as its own nimble power center within the West Wing and will report directly to Trump. Viewed internally as a SWAT team of strategic consultants, the office will be staffed by former business executives and is designed to infuse fresh thinking into Washington, float above the daily political grind and create a lasting legacy for a president still searching for signature achievements.“All Americans, regardless of their political views, can recognize that government stagnation has hindered our ability to properly function, often creating widespread congestion and leading to cost overruns and delays,” Trump said in a statement to The Washington Post. “I promised the American people I would produce results, and apply my ‘ahead of schedule, under budget’ mentality to the government.”In a White House riven at times by disorder and competing factions, the innovation office represents an expansion of Kushner’s already far-reaching influence. The 36-year-old former real estate and media executive will continue to wear many hats, driving foreign and domestic policy as well as decisions on presidential personnel. He also is a shadow diplomat, serving as Trump’s lead adviser on relations with China, Mexico, Canada and the Middle East.

The work of White House chief strategist Stephen K. Bannon has drawn considerable attention, especially after his call for the “deconstruction of the administrative state.” But Bannon will have no formal role in the innovation office, which Trump advisers described as an incubator of sleek transformation as opposed to deconstruction.

The announcement of the new office comes at a humbling moment for the president, following Friday’s collapse of his first major legislative push — an overhaul of the health-care system, which Trump had championed as a candidate.

Kushner is positioning the new office as “an offensive team” — an aggressive, nonideological ideas factory capable of attracting top talent from both inside and outside of government, and serving as a conduit with the business, philanthropic and academic communities.

“We should have excellence in government,” Kushner said Sunday in an interview in his West Wing office. “The government should be run like a great American company. Our hope is that we can achieve successes and efficiencies for our customers, who are the citizens.”

The innovation office has a particular focus on technology and data, and it is working with such titans as Apple chief executive Tim Cook, Microsoft founder Bill Gates, Salesforce chief executive Marc Benioff and Tesla founder and chief executive Elon Musk. The group has already hosted sessions with more than 100 such leaders and government officials.

“There is a need to figure out what policies are adding friction to the system without accompanying it with significant benefits,” said Stephen A. Schwarzman, chief executive of the investment firm Blackstone Group. “It’s easy for the private sector to at least see where the friction is, and to do that very quickly and succinctly.”

Some of the executives involved have criticized some of Trump’s policies, such as his travel ban, but said they are eager to help the administration address chronic problems.

“Obviously it has to be done with corresponding values and principles. We don’t agree on everything,” said Benioff, a Silicon Valley billionaire who raised money for Democrat Hillary Clinton’s 2016 campaign.

But, Benioff added, “I’m hopeful that Jared will be collaborative with our industry in moving this forward. When I talk to him, he does remind me of a lot of the young, scrappy entrepreneurs that I invest in in their 30s.”

Kushner’s ambitions for what the new office can achieve are grand. At least to start, the team plans to focus its attention on reimagining Veterans Affairs; modernizing the technology and data infrastructure of every federal department and agency; remodeling workforce-training programs; and developing “transformative projects” under the banner of Trump’s $1 trillion infrastructure plan, such as providing broadband Internet service to every American.

In some cases, the office could direct that government functions be privatized, or that existing contracts be awarded to new bidders.

The office will also focus on combating opioid abuse, a regular emphasis for Trump on the campaign trail. The president later this week plans to announce an official drug commission devoted to the problem that will be chaired by New Jersey Gov. Chris Christie (R). He has been working informally on the issue for several weeks with Kushner, despite reported tension between the two.

Under President Barack Obama, Trump advisers said scornfully, some business leaders privately dismissed their White House interactions as “NATO” meetings — “No action, talk only” — in which they were “lectured,” without much follow-up.

Andrew Liveris, chairman and chief executive of Dow Chemical, who has had meetings with the two previous administrations, said the environment under Trump is markedly different.

After he left a recent meeting of manufacturing chief executives with Trump, Liveris said, “Rather than entering a vacuum, I’m getting emails from the president’s team, if not every day, then every other day — ‘Here’s what we’re working on.’ ‘We need another meeting.’ ‘Can you get us more input on this?’ ”

Kushner proudly notes that most of the members of his team have little-to-no political experience, hailing instead from the world of business. They include Gary Cohn, director of the National Economic Council; Chris Liddell, assistant to the president for strategic initiatives; Reed Cordish, assistant to the president for intergovernmental and technology initiatives; Dina Powell, senior counselor to the president for economic initiatives and deputy national security adviser; and Andrew Bremberg, director of the Domestic Policy Council.

Ivanka Trump, the president’s elder daughter and Kushner’s wife, who now does her advocacy work from a West Wing office, will collaborate with the innovation office on issues such as workforce development but will not have an official role, aides said.

Powell, a former Goldman Sachs executive who spent a decade at the firm managing public-private job creation programs, also boasts a government pedigree as a veteran of George W. Bush’s White House and State Department. Bremberg also worked in the Bush administration. But others are political neophytes.

Liddell, who speaks with an accent from his native New Zealand, served as chief financial officer for General Motors, Microsoft and International Paper, as well as in Hollywood for William Morris Endeavor.

“We are part of the White House team, connected with everyone here, but we are not subject to the day-to-day issues, so we can take a more strategic approach to projects,” Liddell said.

Like Kushner, Cordish is the scion of a real estate family — a Baltimore-based conglomerate known for developing casinos and shopping malls. And Cohn, a Democrat who has recently amassed significant clout in the White House, is the hard-charging former president of Goldman Sachs.

Trump’s White House is closely scrutinized for its always-evolving power matrix, and the innovation office represents a victory for Wall Street figures such as Cohn who have sought to moderate Trump’s agenda and project a friendly front to businesses, sometimes in conflict with the more hard-line conservatism championed by Bannon and Chief of Staff Reince Priebus.

The innovation group has been meeting twice a week in Kushner’s office, just a few feet from the Oval Office, largely barren but for a black-and-white photo of his paternal grandparents — both Holocaust survivors — and a marked-up whiteboard more typical of tech start-ups. Kushner takes projects and decisions directly to the president for sign-off, though Trump also directly suggests areas of personal interest.

There could be friction as the group interacts with myriad federal agencies, though the advisers said they did not see themselves as an imperious force dictating changes but rather as a “service organization” offering solutions.

Kushner’s team is being formalized just as the Trump administration is proposing sweeping budget cuts across many departments, and members said they would help find efficiencies.

“The president’s doing what is necessary to have a prudent budget, and that makes an office like this even more vital as we need to get more out of less dollars by doing things smarter, doing things better, and by leaning on the private sector,” Cordish said.

Ginni Rometty, the chairman and chief executive of IBM, said she is encouraged: “Jared is reaching out and listening to leaders from across the business community — not just on day-to-day issues, but on long-term challenges like how to train a modern workforce and how to apply the latest innovations to government operations.”

Trump sees the innovation office as a way to institutionalize what he sometimes did in business, such as helping New York City’s government renovate the floundering Wollman Rink in Central Park, said Hope Hicks, the president’s longtime spokeswoman.

“He recognized where the government has struggled with certain projects and he was someone in the private sector who was able to come in and bring the resources and creativity needed and ultimately execute in an efficient, cost-effective, way,” Hicks said. “In some respects, this is an extension of some of the highlights of the president’s career.”

https://www.washingtonpost.com/politics/trump-taps-kushner-to-lead-a-swat-team-to-fix-government-with-business-ideas/2017/03/26/9714a8b6-1254-11e7-ada0-1489b735b3a3_story.html?utm_term=.210c9708d9c6

 

Story 2: Attorney General Sessions Moves To Enforce Federal Law in Sanctuary Cities — 

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WATCH: Attorney General Jeff Sessions Announces Action AGAINST Sanctuary Cities

WATCH: Jeff Sessions, Sean Spicer Press Briefing Conference (3/27/2017)

President Trump signs order to strip sanctuary cities of federal funding

Trump Will END Sanctuary Cities & The Democrats Hate How He’ll Do It

TRUMP JUST GOT EPIC REVENGE AGAINST SANCTUARY CITIES, MAYORS ARE HORRIFIED AND ILLEGALS FREAKING OUT

Tucker Carlson Grills Hartford Mayor on Sanctuary Cities – 24.02.17

Sanctuary Cities May Lose Federal Funds

Immigration Policy Under Jeff Sessions: VICE News Tonight on HBO (Full Segment)

What is a Sanctuary City? It’s Not What They’ve Been Telling You

Robert Rector – Welfare Use by Legal and Illegal Immigrants

Stop Amnesty for Illegal Immigrants – Expert Reveals the True Cost of Amnesty

Immigration Hearing 5/10/2007 — Robert Rector (Heritage)

Roy Beck on Glenn Beck

(Roy Beck) American Jobs in Peril: The Impact of Uncontrolled Immigration

How Many Illegal Aliens Are in the US? – Walsh – 1

How Many Illegal Aliens Are in the United States? Presentation by James H. Walsh, Associate General Counsel of the former INS – part 1.

Census Bureau estimates of the number of illegals in the U.S. are suspect and may represent significant undercounts. The studies presented by these authors show that the numbers of illegal aliens in the U.S. could range from 20 to 38 million.

On October 3, 2007, a press conference and panel discussion was hosted by Californians for Population Stabilization (http://www.CAPSweb.org) and The Social Contract (http://www.TheSocialContract.com) to discuss alternative methodologies for estimating the true numbers of illegal aliens residing in the United States.

This is a presentation of five panelists presenting at the National Press Club, Washington, D.C. on October 3, 2007. The presentations are broken into a series of video segments:

Wayne Lutton, Introduction: http://www.youtube.com/watch?v=q5KHQR…

Diana Hull, part 1: http://www.youtube.com/watch?v=f6WvFW…

Diana Hull, part 2: http://www.youtube.com/watch?v=QYuRNY…

James H Walsh, part 1: http://www.youtube.com/watch?v=MB0RkV…

James H. Walsh, part 2: http://www.youtube.com/watch?v=lbmdun…

Phil Romero: http://www.youtube.com/watch?v=A_ohvJ…

Fred Elbel: http://www.youtube.com/watch?v=QNTJGf…

How Many Illegal Aliens Are in the US? – Walsh – 2

How Will Trump Handle Sanctuary Cites? Roy Beck Interview Founder of Numbers USA

Immigration by the Numbers — Off the Charts

Immigration, World Poverty and Gumballs – NumbersUSA.com

AG Sessions says he’ll punish sanctuaries, cities could lose billions of dollars

– The Washington Times – Monday, March 27, 2017

Attorney General Jeff Sessions said Monday he’ll begin punishing sanctuary cities, withholding potentially billions of dollars in federal money — and even clawing back funds that had been doled out in the past.

Speaking at the White House, Mr. Sessions said his department is preparing to dole out more than $4 billion in funds this year, but will try prevent any of it from going to sanctuaries.

“Countless Americans would be alive today … if these policies of sanctuary cities were ended,” Mr. Sessions said.

He said he’s carrying out a policy laid out by the Obama administration last year, which identified three grant programs — the COPS grants, Byrne grants and State Criminal Alien Assistance Program money — that already require sanctuary certification.

The Obama administration didn’t end up enforcing that policy, but Mr. Sessions said he’ll begin.

Sanctuaries are jurisdictions that thwart federal immigration agents’ efforts to deport illegal immigrants, usually be refusing to comply with detainer requests from U.S. Immigration and Customs Enforcement (ICE).

http://www.washingtontimes.com/news/2017/mar/27/jeff-sessions-says-hell-punish-sanctuaries-cities/

Illegal Aliens: Counting the Uncountable

By James H. Walsh
Volume 17, Number 4 (Summer 2007)
Issue theme: “How many illegal aliens are in the U.S.?”

 

 

Summary:
No exact head count exists for the ghost population of illegal aliens residing in the United States. Data compiled by the U.S. Census Bureau (USCB) and by national surveys, governmental agencies, nongovernment statistics-keeping agencies, philanthropic organizations, religious charities, and immigrant advocates are used in estimates ranging from 7 million to 20 million. This article demonstrates that this number is closer to 2 times 20 million.

 

Qui vult decipi, decipiatur.
(Let him who wishes to be deceived, be deceived.)

– Latin proverb

 

No exact head count exists for the ghost population of illegal aliens residing in the United States. Data compiled by the U.S. Census Bureau (USCB) and by national surveys, governmental agencies, nongovernment statistics-keeping agencies, philanthropic organizations, religious charities, and immigrant advocates are used in estimates ranging from 7 million to 20 million. I believe that number is closer to 2 times 20, and here is why.

Guessing the number of illegal aliens in the United States is like playing the lottery––more than a million to one that you will be right on. Government agencies each have their own methodology and thus their own estimate. Leading the list are the Census Bureau and the post-9/11 Department of Homeland Security (DHS)—an amalgamation of 22 federal agencies, including the former Immigration and Naturalization Service (INS) transferred from the U.S. Department of Justice (DOJ) and the former Customs Service (USC) transferred from the U.S. Treasury Department. The INS and USC had the distinction of being among the most dysfunctional agencies in the U.S. Government. Added to these are other public and private prestidigitators (listed here in alphabetical order): academics, demographers, economists, environmentalists, geographers, historians, immigration advocates, journalists, labor specialists, political scientists, religious charities, sociologists, statisticians, and welfare administrators.

Not one of these “experts” has a clue as to the exact number of illegal aliens, but this does not keep them from crafting estimates to fit their own agenda. Few have ever been to the U.S.–Mexican border, where the majority of illegal aliens cross into the United States. My high-ball estimate, at least, is based on first-hand data compiled on site. During eleven years as a renegade INS Associate General Counsel, I regularly traveled the Southern Border, as it meanders 2,000 miles from the Pacific Ocean to the Gulf of Mexico. My duties took me as well to the then even less secure Northern Border with Canada, which extends through often heavily wooded wilderness.

The INS, in its stormy heyday, had a chronic problem with numbers, be it the number of illegal aliens crossing U.S. borders each year, the number of visa overstays, the number of actual, in-the-flesh deportations, or the number of criminal illegal aliens (those convicted of crimes committed in the United States, after their illegal entry).

In 1994, the INS Statistics Division published a seminal statistical work on illegal aliens. Emphasizing that the figures were estimates, the report acknowledged the assistance of the Urban Institute, the Center for Social Demographic Analysis, the State University of New York, Albany, and the New York City Planning Department. The Urban Institute contributor also worked as an INS consultant, and now is with the Pew Foundation. The major players in immigration statistics do tend to quote each other. Although the report cited the INS Nonimmigrant Information System (NIIS), it failed to mention that the 1990 NIIS records were lost during a processing error. Nevertheless, the report concluded that the actual illegal alien population residing in the United States in October 1992 was “not likely to have been higher than the estimated total of 3.4 million, because the assumption used to construct the estimates was selected deliberately to avoid underestimating the population.”

At the same time, an investigation by the U.S. Department of Justice Inspector General found INS statistics suspect and cited deliberate deception by senior INS officials tampering with immigration statistics. Falsus in uno, falsus in omnibus (false in one, false in all).

The DOJ investigation agreed with audits by the Government Accounting Office (now Government Accountability Office, GAO) that an “aura of incompetence and incestuous mismanagement” permeated the INS. Over the years, GAO auditors voiced their concerns to the INS Office of the General Counsel, which was plagued by a swinging door of political appointee General Counsels. Those who pushed for accurate counts were stilled by bureaucratic estoppel, dead-end rewrites, and persistently convoluted and distorted statistics.

U.S. Border Patrol agents confided that they were told to cap apprehensions and deportations to conform to the desires of various Administrations to create at least a public perception of border control. One method was to move deportation cases from the Border States to inland districts with fewer alien cases; thus deportations would better match depressed apprehension figures. Another method was to send illegal aliens back across the border without recording the apprehensions. That strategy failed on occasions when Mexican officials refused to accept non-Mexican deportees. Not all illegal aliens crossing the Southern Border are Mexican. These “others” have their own acronym, OTM (other than Mexican), and it is among the OTMs, that the risk of terrorism is greatest. For instance, Arabs are said to be training in South America to pass as Hispanics at the Southern Border.

Unfortunately, under DHS, things have not greatly changed, other than to rename former INS and USC units and positions. The same bureaucrats, at the behest of political appointees, still supply Congress and the White House with illegal alien numbers. Just as with the old INS, the new DHS bureaucrats are adept at rationalizing their methodology and head counts.

In addition, the U.S. Census Bureau routinely undercounts and then adjusts upward total census numbers of Hispanics and other foreign nationals residing in the United States––counting only, of course, those willing to be counted. For the year 2000, the Census Bureau reported a total U.S. population count of “about 275 million” men, women, and children. When the states and local governments challenged that number as an undercount, the total was corrected upward to 281.4 million, with no clear count of illegal aliens. The Hispanic 2000 census count was 32.8 million, but on re-count the Census Bureau adjusted this number upward to 35.3 million, a 13 percent increase.

In 2001, Northeastern University, in an independent study, estimated a total of about 13 million illegal aliens in the United States, at the same time that the INS was estimating 4 million to 6 million illegal aliens. Unquestionably, the INS had a policy of underestimating the illegal alien count in keeping with its agenda traceable back to the Immigration Act of 1965, which opened the doors to Third World immigrants.

The average number of recorded apprehensions of illegal aliens in the United States now hovers at 1.2 million a year. A DHS report, Border Apprehensions: 2005, documented 1.3 million apprehensions in 2005. For the 10-year period (1996–2005), the highest number of apprehensions, 1.8 million, occurred in 2000, and the lowest, 1 million, in 2003. These DHS statistics contradict persistent statements by other government agencies that only 400,000 to 500,000 illegal aliens enter the country each year.

Journeymen Border Patrol agents (on the job five years or more) estimate that a minimum of five illegal aliens enter the United States for each apprehension, and more likely seven. That informed estimate would raise the total number of illegal aliens entering the United States in 2003 to 8 million men, women, and children.

Immigrant apologists argue that the number of illegal aliens in the United States fluctuates: many die; many return to their homeland part of each year or after many years of work; others are granted amnesty or refugee status; and others become (LPRs) and then citizens. Logic questions some of these arguments. Why would those who pay $1,500 to $15,000 to be smuggled into the United States, risking their life, return in a matter of months or years? Why would they suffer long trips confined to over-crowded boats, trucks, or other containers to stay for a few months or years? Why would people suffer possible assaults, rape, or murder to stay a few months or years? Why would Chinese illegal aliens suffer decades of indentured servitude for a few years in the United States? Most of those illegal aliens who risk their lives sneaking into the United States are here to stay.

My estimate of 38 million illegal aliens residing in the United States is calculated, however, using a conservative annual rate of entry (allowing for deaths and returns to their homelands) of three illegal aliens entering the United States for each one apprehended. My estimate includes apprehensions at the Southern Border (by far, the majority), at the Northern Border, along the Pacific, Atlantic, and Gulf of Mexico coasts, and at seaports and airports. Taking the DHS average of 1.2 million apprehensions per year and multiplying it by 3 comes to 3.6 million illegal entries per year; then multiplying that number by 10 for the 1996–2005 period, my calculations come to 36 million illegal entries into the United States. Add to this the approximately 2 million visa overstays during the same period, and the total is 38 million illegal aliens currently in the United States.

In contrast to my estimate, the head of the U.S. Border Patrol Union Local in Tucson was quoted in a May 16, 2006, Christian Science Monitor article, as estimating the total number of “illegal immigrants” (illegal aliens) in the United States, as of that date, at between 12 million and 15 million. At the same time, the U.S. Citizenship and Immigration Services (USCIS) in DHS put the number at 7 million; the Census Bureau estimated 8.7 million; and The Pew Hispanic Center estimate was 11.5 million to 12 million “unauthorized migrants” (illegal aliens) living in the United States. Depending on the source, the Christian Science Monitor concluded, illegal aliens in the United States in May 2006 numbered from “about 7 million up to 20 million or more.” At least the reporter was on the right track.

The current confusion of laws, regulations, DHS operating procedures, judicial decisions, and political agenda wreaks havoc on border enforcement. It is hardly reassuring that DHS Secretary Michael Chertoff, on February 16, 2007, stated that immigration reform would let U.S. law enforcement focus on catching criminals instead of “future housekeepers and landscapers.” The Secretary opined that security alone is not enough to permanently stop “illegal border jumpers” (illegal aliens). With internecine fighting reported on the rise between and among alien and drug smuggling Hispanic gangs, the Secretary noted that alien smugglers are in disarray, but he expects “flows to go up again as smugglers regroup.”

A Closer Look at the Numbers

Thus far in 2007, the U.S. population has passed 301 million. DHS statistics indicate that illegal aliens are the fastest growing segment, followed by their anchor babies. In addition, the number of Mexican illegal aliens apprehended is nine times the combined numbers of all other illegal aliens.

Still the number of illegal aliens is downplayed by the immigration lobby, which is a coalition of liberal-radical academics, liberal politicians, federal and state bureaucrats, labor unions, La Raza (“The Race,” the leading immigrant activist group), other immigrant activists, and religious organizations.

Aiding and abetting the immigrant coalition is the news media, which is committed to not identifying persons as illegal aliens, especially those who commit crimes. Only when forced to do so does the news media refer to illegal aliens, and then only as “undocumented persons” or “unauthorized immigrants.” The latest newspeak introduced the term “migrants” with the blessing of the New York Times, when the coalition realized that U.S. citizens were beginning to catch on that “undocumented immigrant” actually meant illegal alien. Finally U.S. taxpayers are becoming alarmed by the numbers of illegal aliens in their states, cities, and communities. Finally they are sensing that the actual numbers exceed the official estimates.

Illegal alien apologists must downplay the numbers because the actual costs to federal and state taxpayers are rising drastically each year. By undercounting illegal aliens, the costs to taxpayers for increased school enrollment and hospital treatment are never fully explained. Texas school officials are recruiting in Mexico for bilingual persons to teach in Texas public schools. The 2005–06 Texas school data showed at least 711,237 students had “limited” English-speaking skills. U.S. school districts are recruiting foreign nationals to come and teach in U.S. schools to accommodate illegal aliens.

Arizona will spend $1.2 billion to educate non-English-speaking children in 2007. The pro-immigrant rights Pew Hispanic Center estimates that one in nine Arizona students is an “illegal immigrant or the child of an illegal immigrant.” Others in Arizona suggest the number is more like one in four.

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On Capitol Hill, Congressional staffers are quick to rely on governmental studies as accurate; the acceptance of flawed data is routine in immigration circles. The Pew Hispanic Center published a report on June 14, 2005, entitled,Unauthorized Migrants: Numbers and Characteristics by Jeffrey S. Passel, formerly with the Urban Institute and a former INS consultant. His report, illustrated with charts and diagrams, included a footnote in which he stated his preference for the term “unauthorized migrants”:

Various labels have been applied to this group of unauthorized migrants, including “undocumented immigrants,” “illegals,” “illegal aliens,” and “illegal immigrants.” The term “unauthorized migrant” best encompasses the population in our data, because many migrants now enter the country or work using counterfeit documents, and thus are not really “undocumented,” in the sense that they have documents, but not completely legal documents.

Perhaps in place of “illegal aliens,” Passel would prefer “not completely legal aliens.” His report, largely advo-babble (immigrant advocate babble) under the guise of research and statistical analysis, rehashes disingenuous data in an attempt to cloud illegal alien numbers and their impact. In a chapter on “Methods: Residual Estimates of Unauthorized Migrants,” he states that the “residual method has been used for several decades to measure unauthorized migration to the U.S.” and that “some of the first sound empirical estimates came from residual methodology applied to the 1980 Census. Variants of the method were used or discussed by the Census Bureau, the Panel on Immigration Statistics, the Bi-National (U.S.-Mexico) Study, and the Commission on Immigration Reform, INS, and a number of other organizations and researchers.” If incest is a crime, then these researchers are guilty––at least of quoting themselves and cross-referencing their colleagues.

A GAO report (May 9, 2005) on criminal illegal aliens compared a 2000 INS estimate of the total “unauthorized immigrant” (illegal alien) population residing in the United States at 7 million to a 2005 estimate of “about 10 million illegal aliens living in the United States.” Of the 55,322 criminal illegal aliens studied by the GAO, each averaged eight arrests––without deportation.

The new DHS has yet to correct the multitude of problems inherited from the INS and Customs. A GAO report (May 27, 2005) described the memorandum of understanding on respective duties and intelligence sharing signed by the newly formed Immigration and Customs Enforcement component (ICE) and the Customs and Border Protection component (CBP). As of May 2005, however, no mechanism was in place to track numbers and results of referrals between the two. Little has changed.

Recently experts at liberal think-tanks, such as the Brookings Institution, are commenting on the extraordinary explosion across the United States of diversity and immigration. These experts are just learning that “immigrants” (illegal aliens) are showing up in many more communities than the experts ever believed, such as Loudoun County, Virginia (an affluent suburb of Washington, D.C.), Palm Beach County, Florida; and Plainfield, Illinois. They had accepted as fact the under-reporting of illegal aliens by immigrant special interest groups, including Democrats in Congress and federal agencies. Finally the ghost population of illegal aliens is becoming visible, through its sheer numbers at the state and local level. Not only are U.S. citizens beginning to see the reality of unfettered illegal immigration in their own communities; they are beginning to feel the pinch.

Countable Snapshots

Although no exact numbers exist on illegal aliens residing in the United States, the following snapshots support my contention that the actual numbers far exceed the “official” estimates of the federal government.

On an inspection tour of the El Paso Border Patrol Sector, while interviewing an agent, I observed in the distance twelve illegal aliens dash through a split in a fence, and three Border Patrol agents give chase. The aliens spread out like a fireworks starburst; the agents apprehended three of them; and thus nine illegal aliens were on their way to mingle in El Paso or parts unknown. This snapshot, remember, was a 20-foot stretch of a 2,000-mile border.

In an immigration/civil rights case, a federal judge asked attorneys, “Do we really know how many undocumented immigrants we are talking about, in the United States?” School Board attorneys hemmed and hawed; finally one replied, “One expert told me 1,300 “undocumented students” were in the school district, and another said 7,000.” When the judge later asked the question again, attorneys answered that privacy laws and federal laws prohibited questions about citizenship.

The Hispanic population is skyrocketing in such diverse areas as Fort Myers, Florida; Charlotte, North Carolina; Indianapolis, Indiana; Las Vegas, Nevada; and Seattle, Washington. Illegal aliens make up an estimated 80 percent of the new population. In Nebraska, the number of illegal aliens is estimated at more than 50,000. Nationally, Hispanics, now the largest minority, have a higher fertility rate than other ethnic groups.

In early 2007, more than 1.6 million Hispanics were reported living in the greater Chicago area, the majority of them Mexicans and 80 percent of them illegal aliens. One of them, Elvira Arellaño, is being granted “sanctuary” in a Chicago store-front church. DHS officers have not breached this “sanctuary” to deport Arellaño once again. Having lived in Chicago for nine years, she can still not speak English. As one of the few people actually deported by the U.S. Government, she re-entered the United States without inspection and thus is subject to felony charges. The radical immigration advocates who support her “sanctuary” mean to make a mockery of U.S. laws.

In January 2007, an Immigration and Customs Enforcement (ICE) spokeswoman estimated that 600,000 “illegal immigrants” (illegal aliens) are currently ignoring deportation orders. Illegal aliens call the written notice of a deportation order a “run letter,” and that is what they do.

Southern states have the fastest growing populations in the country. Brookings Institution demographer William Frey opined in 2006, “Immigrants are finally catching up to the fact that the South is a magnet for jobs and quality of life. They are rag-tag migrants, taking jobs created by people who come from other parts of the U.S.” Texas, Florida, Georgia, and North Carolina are among the ten most popular states with illegal aliens.

In 2005, a total of 11,400 migrants on their way to the United States took refuge in the Jesuit shelter, Casa del Migrante, in Nuevo Laredo, Mexico, across the Rio Grande from Laredo, Texas; this figure was up from 4,647 in 1999.

In Palm Beach County, Florida, in 2006, according to an immigration advocate, the Hispanic population was undercounted by 3–4 to 1, with 90 percent of them illegal aliens. Thus when the 2005 Census recorded 50,000 Hispanic residents among the population of 1.2 million, the actual count was closer to 200,000, most of them illegal.

Among illegal aliens in the United States, most are of child-bearing age. The fertility rate of immigrants, legal and illegal, compared to that of U.S. citizens is 3–4:1.

In January 2007, U.S. Treasurer Anna Escobedo Cabral stated that remittances to Mexico from the United States are a driving force of Mexico’s economic growth. In 2006, these remittances were US$23 billion, an increase of 15 percent from remittances in 2005. Some of these remittances are coming from the estimated 5,000 to 30,000 Mexicans working in New Orleans to rebuild the city.

Illegal Aliens and “Comprehensive” Immigration Reform

A history of legislative chicanery and out-right misrepresentation has fed the illegal alien crisis now being felt at federal, state, and local levels in the United States. To Congress must go the majority of blame for the some 38 million illegal aliens now residing in the United States––threatening public safety and public health, stressing school and hospital budgets, damaging the environment, and draining taxpayer pocketbooks.

The new Democrat-controlled Congress is poised to repeat past legislative mistakes. The Immigration Act of 1965 (Hart-Celler Act), as part of Lyndon Johnson’s War on Poverty, served as an open invitation to those wishing to flee Third World countries; and the 1986 Immigration and Reform Control Act (IRCA), which promised amnesty and employer sanctions, delivered little of either. Only an estimated 2.7 million illegal aliens took advantage of the IRCA (Reagan) amnesty. This low participation rate can be traced to the reluctance of illegal aliens to believe any country would be so naive as to wave in persons who had committed a crime in crossing the border. At that time, the total illegal alien population in the United States was estimated at 4 million to 6 million. The tsunami of “border jumpers” began once word spread around the world that the United States, with the passage of IRCA, was opening its borders.

In a 2005 Pew Hispanic Center report, Jeffrey Passel did make a coherent summation: “The unauthorized population [illegal aliens] has been steadily increasing in size (and possibly by large increments since the last half of the 1990s).”

Amnesty and employer sanction provisions failed to curb the flow of illegal aliens; IRCA proved to be a legislative mistake, and the present Democrat-controlled Congress is falling into the same trap, with the support of the President. As illegal alien counts rise daily, employer sanction provisions in any 2007 immigration legislation promise to be as unenforceable as those in IRCA. Just as the Reagan amnesty was followed by a new wave of emboldened illegal aliens, the same aftermath awaits “comprehensive” immigration legislation in 2007.

U.S. citizens (for the most part, we presume) elected the current Congress to pass legislation to “form a more perfect union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and Secure the Blessings of Liberty to ourselves and our Posterity” (Preamble to the U.S. Constitution, 1789).

Immigration is not the problem; the burgeoning ghost population of illegal aliens now becoming visible across the United States is. Conflicting counts of illegal aliens reflect muddled immigration policies––purposeful or not. Such policies render the nation less capable of apprehending and deporting illegal aliens (among them violent criminals and terrorists) than ever before. ■

About the author

James H. Walsh, formerly an Associate General Counsel of the Immigration and Naturalization Service (INS) in the United States Department of Justice, writes immigration commentary. During his INS tenure, Walsh was selected as a German Marshall Fund Scholar, traveled through Europe interviewing immigration officials, and published articles based on his findings. At INS, he worked with other federal agencies and with congressional committees on immigration matters. His assignments included consultations with foreign governments and international business concerns. He chaired a task force on Transit without Visa (TWOV), whose report identified weaknesses in pre-9/11 airport security.

Walsh has served as an Assistant U.S. Attorney (Middle District of Florida) and as a Special Trial Attorney in the U.S. Department of Justice Organized Crime Section. He chaired the Constitutional Rights Committee, General Law Section, of the American Bar Association, and served on the Editorial Board of The Florida Bar Journal. His articles on immigration have appeared inMigrationWorld, Social Contract, The Florida Bar Journal, and Newsmax.com.
Walsh has a B.A. in history from Spring Hill College and a J.D. from Georgetown University Law Center.

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The Pronk Pops Show 860, March 24, 2017, Story 1: Two Party Interference In Health Care Insurance Industry With Federal Regulation and Taxation Is A Big Government Failure — Time for New Independent Constitutional Limited Government Party — Bring Back Free Market Competition For Health Care and Insurance — Leave The American People and Business Alone! — Videos — Story 2: Obama Administration Criminal Activity in Misusing Intelligence Agencies and Mishandling National Security Documents — Who Authorized The Targeting of President-Elect Trump and Trump’s Transition Team for National Security Surveillance and The Unmasking of Their Names? — Watergate Redux — National Security Agency Surveillance of American People Using Stellar Wind — Videos

Posted on March 24, 2017. Filed under: American History, Blogroll, Breaking News, College, Communications, Congress,