Friday, December 23, 2011

I TOLD YOU SO !!!! Iraq will break into there provinces and nothing is going to stop it. I said that in 2003 !!!!!




An aide to Iraq's top Shiite cleric says (click title to entry - thank you) the ayatollah is holding the country's politicians responsible for the devastating bombings that tore through mostly Shiite neighborhoods of Baghdad and killed at least 69 people.


Grand Ayatollah Ali al-Sistani contends that conflicts among Iraqi political leaders have created a crisis that threatens the nation and allows for such attacks.


That's according to al-Sistani's representative, Ahmed al-Safi. He spoke during a Friday sermon in the holy city of Karbala....


The Grand Ayatollah is a man of peace, but, evidently the Prime Minister is not.


December 23, 2011

Iraq Prime Minister Nuri al Malikicalled, (click here) on Thursday, to promptly kit out Iraqi forces with necessary equipment and machinery. The US Army Chief of Staff for his part stressed that his country is will to cooperate with Iraq through training, preparing and army forces....

HOLD YOUR HORSES RIGHT THERE, Mr. US Army Chief of Staff ! 


I don't think so !!!!!!!!!!


There are mercenaries over there, also known as Private Contractors, they are hanging out at the USA embassy.  They can become Maliki's henchmen now, the USA is OUT OF IRAQ FOREVER !!!


If I had it my way the USA would not be laying out money to private contrators either !


Prime Minister Maliki is not in the position to simply rid the country of its second in command, a Shiite.  So, it would seem we have a Prime Minister in treason of the Iraq Constitution.  Evidently, Mr. Maliki is intent on drawing still yet another line in the sand in the Middle East without the openness to the people and the full legislative branch of the government.  I do believe he has jeopardized his own authority in proceeding the way he has causing sectarian violence within his own country and then calling for increased weaponry and aggression against the innocent people of Iraq.  What is his next move, ethnic cleansing?

Iraq'sMaliki urges Kurds to hand over fugitive vice president (click here)

Al Jazeera, Qatar
Presenter, Female #1
Maliki called on the regional government of Kurdistan to hand over the Iraqi Vice President Tariq al-Hashemi. The Iraqi prime minister strongly warned against what he referred to as "politicizing the case."

Guest, Male #1 (Nouri al-Maliki, Iraqi PM)
We ask our brothers in the regional government to take responsibility and hand over the accused to the judiciary, especially since they are familiar with this case. Refusing to hand him over or allowing him to escape may cause trouble. We do not want the regional government to appear to have facilitated or helped someone wanted by the judiciary. I'm not saying otherwise, I'm only saying he's wanted. As for politicizing the case, as I said to you, it is rejected....



This occurred immediately upon the USA withdrawal.  It was planned and deployed.  Mr. Maliki has chosen a very poor path for himself and the potential for violence and aggression in the region considering the majority of other countries are Sunni and far better armed than Iraq.  With Maliki now exhibiting extremism he is not only arming Iraq for more violence, but, Iran as well, another sympathizing Shi'ite nation.  The USA WILL NOT send arms or escalate this violence.


WILL NOT !!!  There will be no arms shipments to Iraq to they can trickle into Iran.


ABSOLUTELY NOT !!!!


Maliki is an extremist and needs to be removed from office.

BAGHDAD — Iraqi Prime Minister Nuri al-Maliki (click here) said on Wednesday that his government had agreed to extend a year-end deadline for the removal of Iranian dissidents housed in a camp northeast of Baghdad.
Camp Ashraf, which is home to around 3,400 Iranian refugees hostile to the regime in Tehran, is now set to close in April, Maliki said at a news conference in the Iraqi capital.
The camp is controlled by the People's Mujahedeen, which the United States blacklists as a terrorist group.
"The secretary general of the United Nations presented a suggestion for the Iraqi government asking to postpone (the closure)... and we agreed," Maliki told reporters....
It would seem as though Mr. Maliki has more mercenaries than he can handle right now and there will be no escalation in the region because of a power hungry idiot. They are not only mercenaries, they are terrorists as well, enemies of the USA.  I'll be darn.


Maliki this week sought Sunni Vice President Tareq al-Hashemi's (click here) arrest on terrorism charges and moved to fire a Sunni deputy. On Thursday at least 72 people were killed in Baghdad by bombings in mainly Shi'ite neighborhoods.
The events threaten to splinter Iraq's fragile sectarian and ethnic faultlines and highlight the risk of the country tumbling into the kind of bloody slaughter that a few years ago led the OPEC oil-producer to the edge of civil war.
After Friday prayers, with Sunni imams warning Maliki was seeking to foment sectarian divisions, protesters were on the streets of Sunni-dominated Samarra, Ramadi, Baiji and Qaim, many waving banners in support of Hashemi, and criticizing the government.
"The charges against Hashemi were orchestrated behind closed doors. Maliki is trying to remove Sunnis from power to get a tight grip, like as a new dictator of Iraq," said Ahmed al-Abbasi, a+ protester from Samarra....
The Sunni Imams are calling for PROTESTS, not guns and bombs.  THAT is legal and important, the USA will not participate in violence in Iraq AT ALL !
No weapons, no bullets, no tanks, no planes, no spy planes, no soldiers and NO MORE RETURN to being the Global Police!

Ever get the idea Republicans hate the Middle Class Tax Payer? The backbone of their own economy.

There is a profound problem with the New Republican.  They don't care about people.  There is still no tax increase for the wealthiest Americans while the country still struggles to rebuild its economy and reduce its debt.


The Republican House made the point they didn't approve of the two month extension only, but, there was simply a half measure to add drama without much sincerely on the line.  Why make the controversy in the first place when there was little or nothing they could do about it?


The reason there are short term extensions is to play with the economy long enough to effect the elections and to further a Republican agenda which is nothing but a backlash against the people.  That is what it comes down to.  The American people know there needs to be tax increases and yet there is absolutely no resolve what so ever in the Republican Party to carry out the will of the people. 


The rant from the Right during the first year of the Obama Administration when they were seeking to pass health care reform was that the nation didn't want it.  They stated the President wasn't listening to the country.  The Affordable Health Care Law has turned out to be the best thing that has happened to this country and I can't wait for the State Exchanges to begin in 2014.  But, when it comes to listening to the country in regard to tax increases it falls on deaf ears for the Republicans.  They are not interested in the people of this nation unless they believe it will create a political wedge for them, otherwise, we can all go to hell.

December 23, 2011
After weeks of bickering and doubt, (click title to entry - thank you) Congress delivered a last-minute holiday tax cut extension to 160 million workers Friday along with further unemployment benefits for millions laid off in the nation's fierce recession and weak economic recovery. It was a convincing victory for President Obama, a humbling retreat for House Republicans.
Back-to-back voice vote approvals of the two-month special measure by the Senate and House came in mere seconds with no debate, just days after House Republican leaders had insisted that full-blown negotiations on a full-year bill were the only way to prevent an immediate tax increase on Jan. 1.
Most members of Congress were already gone for the holidays, leaving behind just a few legislators to take formal action. Obama was leaving in the afternoon for a delayed vacation in Hawaii....

Tuesday, December 20, 2011

I am going to be traveling from early tomorrow until Friday evening...

...so, it is best I get sincere sleep before I leave.  


I left off on page 116 and the text goes to about page 160.  Then there is a table at the end.  I will finish the 44 pages beginning either Friday evening or Saturday depending on how the traveling goes on Friday.


I wish you all well and I hope the holidays are coming along for everyone.


Chanukah began today.  Christmas is on December 25th.  Kwanzaa begins on December 26th.  That only touches on three of the holidays taking place at this time of year.  

The winter solstice will arrive tomorrow night, at 12:30 a.m. EST (officially occurring on December 22nd) when the North Pole is tilted 23.5 degrees away from the sun, bringing about the shortest day and the longest night of the year. The winter solstice, by definition, is a term used to describe this single moment when the Earth’s maximum axial tilt to the sun is 23°23’.


One last thing and it is about Representative John Lewis.  He was on the House floor stating objections regarding the vote on the Senate bill.  His understanding of strife in America is profound.  It is detectable when he speaks about the injustice of it. Representative Lewis doesn't believe the USA should be creating strife for Americans, but, finding the cause and resolving it.

He was very upset when he spoke and I worried the entire time he spoke.  I wish him peace for he is a man of resolve.  There are many members in the House that simply don't have that capacity nor the respect for that capacity and will never relate to such a reality. I heard him and I know if there was any power to change the outcome to prevent Americans any more loss in their lives he would make it happen.  

I have faith, Representative Lewis, in the people of this nation because we have people like you that continue to show the country what devotion to justice is sincerely about.  It will work out and maybe at the end of the House process the nation will have a bill that will serve the people for an entire year.  If that doesn't occur and we sustain a wrongful act by the legislature that will diminish the economy, we will have an answer to whom is dedicated to this nation's best outcome and who is not.

I thank Representative Lewis for his dedication and I wish him peace in these days of joy and good will.

I found this video stunning as to the 'literal wall' that exists between the police and military and the people.



No doubt the women were attempting to reach Parliament and they were spotted 'behind the wall.'  I sincere threat of unarmed civilians.

It should not be a surprise that women are being beaten mercilessly.



It was a woman that began the demonstrations against President Mubarak.  She and her cell phone.  It would seem as though the police in Cairo are afraid of the people now.  They will lose control and the unexpected will really happen or worse.  It seems with the women very badly outnumbered this was a pre-emptive strike against any chance of the opposition reorganizing.  


The police and military are probably seeing any reorganization a threat to another Libya or Syria.  The tensions between civilians and authorities are high.  I would estimate that is true in many of the MIddle East countries with changing dynamics in the government.  The uncertainty as to how to proceed has to be chaotic.  This scene alone is about as chaotic a police force as I have seen anywhere.

The latest 'slam' of President Obama is that he is not a leader. Of course, the attack is from the Right.

There is a clip on "Morning Joe" of Chris Christi at the title.  


I find it astounding that an entire party that has no leadership of its own can actually state the President is not a leader.  I believe the problem is the political right of the USA doesn't know what it is to lead, so much as follow.


Honor needs to be paid to the civilian dead in Libya. War reparations are in order.


Russia’s Ambassador (click title to entry - thank you) to the UN Vitaly Churkin called on Monday for a probe into the deaths of peaceful Libyans killed by NATO air strikes during its military campaign, the Russian NTV channel reported on Tuesday.
Churkin’s statement came after the New York Times published its investigation on Sunday, claiming up to 70 people were killed in Libya during NATO’s eight-month military operation....
NATO cannot pretend these deaths didn't happen.  They did.  There is no dishonor to NATO as the UN Resolution was clear; the civilians were being targeted by the Gaddafi regime and it had to be stopped.  The NATO intelligence was incredibly good to have only 70 civilians dead, but, they are dead none the less.  
The people of Libya fought a very difficult war and I am sure there are many who fought the war that are also dead, through at the very least snipers on rooftops.  But, NATO has to admit there were errors in their intelligence while they were attempting to the people.  War reparations are in order to help Libya rebuild and in those reparations should be assistance to the family members still alive carrying the greatest loss and hardship having lost loved ones.  
The West is a civilized and it is difficult for us to consider acting to rescue an entire nation while having caused casualties, but, there is nothing civilized about looking the other when mistakes are made.  Those people are important people and we should recognize those lost and the pain families are still sustaining with their loss.  It is far more civilized to honor those dead and those that survived than to excuse ourselves for being heroes and nothing more.  The Libyan people are the heroes and we have a stronger ally today then we ever did with Gaddafi.  I think we should keep it that way.

SUBTITLE B – LONG TERM UNEMPLOYED HIRING PREFERENCES

SEC. 351. LONG TERM UNEMPLOYEED WORKERS WORK OPPORTUNITY TAX CREDITS.


(a) IN GENERAL.—Paragraph (3) of section 51(b) of the Internal Revenue Code is amended by inserting “$10,000 per year in the case of any individual who is a qualified long term unemployed individual by reason of subsection (d)(11), and” before “$12,000 per year”.


Cited law:

        The amount of the qualified first-year wages which may be taken into account with respect to any individual shall not exceed  $6,000 per year ($12,000 per year in the case of  any individual who is a qualified veteran by reason of  subsection (d)(3)(A)(ii)).


This is an incentive for employers that hire veterans.  It increases the tax credit.  The act goes on to define exactly what a 'long term unemployed' is.  The states are going to certify individuals for this program.  Not a bad idea.  It provides continuity for recipients.  


(i) the individual is certified by the designated local agency as being in receipt of unemployment compensation under State or Federal law for not less than 6 months during the 1-year period ending on the hiring date.


More definitions.


(d) CREDIT MADE AVAILABLE TO TAX-EXEMPT EMPLOYERS IN CERTAIN CIRCUMSTANCES.—Section 52(c) of the Internal Revenue Code is amended—



(2) CREDIT AMOUNT.—In calculating tax-exempt employers, the work opportunity credit shall be determined by substituting “26 percent” for “40 percent” in section 51(a) and by substituting “16.25 percent” for “25 percent” in section 51(i)(3)(A).


(3) TAX-EXEMPT EMPLOYER.—For purposes of this subtitle, the term “tax-exempt employer” means an employer that is —


(A) an organization described in section 501(c) and exempt from taxation under section 501(a), or


(B) a public higher education institution (as defined in section 101 of the Higher Education Act of 1965).


The next provision deals with US possession and their tax credits to employers from the federal government.



(e) Treatment of Possessions.—
(1) Payments to possessions.—
(A) Mirror code possessions.—
(B) Other possessions.—


(3) Definitions and special rules.—


(A) Possession of the United States.--For purposes of this subsection (e), the term ``possession of the United States'' includes American Samoa, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, Guam, and the United States Virgin Islands.


(B) Mirror code tax system.--For purposes of this subsection, the term ``mirror code tax system'' means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States.


(C) Treatment of payments.-- For purposes of section 1324(b)(2) of title 31, United States Code, rules similar to the rules of section 1001(b)(3)(C) of the American Recovery and Reinvestment Tax Act of 2009 shall apply.


(f) EFFECTIVE DATE.—The amendments made by this section shall apply


(f) EFFECTIVE DATE.—The amendments made by this section shall apply to individuals who begin work for the employer after the date of the enactment of this Act.


Of course the act hasn't been enacted yet, so the likelihood of any employer receiving a credit for employing a veteran in 2011 doesn't exist!  So, much for a 'user friendly' Congress.


Subtitle C begins here and it is a bit lengthy, so I'll read that tomorrow beginning on page 116.



SUBTITLE C – PATHWAYS BACK TO WORK
SEC. 361. SHORT TITLE.
This subtitle may be cited as the “Pathways Back to Work Act of 2011”.
SEC. 362. ESTABLISHMENT OF PATHWAYS BACK TO WORK FUND.



end.

Monday, December 19, 2011

Bottom of Page 110 of the American Jobs Act, "SEC. 344. GRANTS FOR SHORT-TIME COMPENSATION PROGRAMS"


(a) GRANTS.—
(1) FOR IMPLEMENTATION OR IMPROVED ADMINISTRATION.—The Secretary shall award grants to States that enact short-time compensation programs (as defined in subsection (i)(2)) for the purpose of implementation or improved administration of such programs.


(2) FOR PROMOTION AND ENROLLMENT.—The Secretary shall award grants to States that are eligible and submit plans for a grant under paragraph (1) for such States to promote and enroll employers in short-time compensation programs (as so defined)....


It means the states receive money to administer the program to citizens because of any increased costs.  There are qualifying provisions that were already spelled out earlier and the amount the states receive is generous as far as I am concerned.  The Secretary of Labor as clarified under definitions, deducts the Department of Labor's costs in administering the program and then utilizes what remains of $700 billion in distribution to the states according to a qualifying equation.  


I would hope the states that are eligible will make a permanent information bank of participating employers so as to cut down on costs when communicating regarding any enhanced program from the State's Department of Labor.  It would be nice if such programs were not necessary at all in the USA, but, sadly that isn't the case.  Just to pay with numbers, if it cost the US Labor Department 100 billion to administer the fund (which I doubt it would cost that much), that would leave 600 billion for the states.  If each state qualified equally, each would receive $12 billion.  That does not include the territories of the USA.  All the transfers were suppose to take place October 1, 2011 to fund the program.  Over two and a half months ago.  That is not a long time for government, but, it is a long time for families.


Numbers (1) and (2) above are separate programs and are to have the monies distributed differently within state programs.  Number 1 is to receive one third of the monies while number 2 receives two thirds of the monies.  


There is a time limit to the states for applying to the Secretary that is three months after the bill was passed, notification in return by the Secretary within 1 month after receiving the application.  The Secretary would, in responding, 'certify' the state eligible and the transfer of funds to the State Unemployment Fund would take place within 7 days of that certification.  The purpose to the time limits is expediency.  


The overriding law that supports this section is:



(4) REQUIREMENT.—No certification of compliance with the requirements for a grant under paragraph (1) or (2) of subsection (a) may be made with respect to any State whose—

(A) State law is not otherwise eligible for certification under section 303 of the Social Security Act (42 U.S.C. 503) or approvable under section 3304 of the Internal Revenue Code of 1986;

Cited Law:


PROVISIONS OF STATE LAWS (click here for Section 303 of Social Security Act)
Sec. 303. [42 U.S.C. 503] (a) The Secretary of Labor shall make no certification for payment to any State unless he finds that the law of such State, approved by the Secretary of Labor under the Federal Unemployment Tax Act[7], includes provision for—

OR


The IRS Code of 1986, Section 3004 (click here) (This citation is clear as mud, so try the one below it, but a magnification of the text is necessary.)
The Federal-State Extended Unemployment Compensation Act of 1970, referred to in subsecs. (a)(11) and (c), is Pub. L. 91–373, title II, Aug. 10, 1970, 84 Stat. 708, as amended, which is set out as a note below....

Internal Revenue Code:Sec. 3304. Approval of State laws(click here)

Ever get the idea the government doesn't really want anyone to read this stuff?


No?


Must be me.  


This section is the best part, "Where does all the money go?"



(d) USE OF FUNDS.—The amount of any grant awarded under this section shall be used for the implementation of short-time compensation programs and the overall administration of such programs and the promotion and enrollment efforts associated with such programs, such as through—


(1) the creation or support of rapid response teams to advise employers about alternatives to layoffs;


Otherwise known as "If you don't know how to run your business, because of a global banking collapse, we'll tell you how."  I suppose this doesn't come with personal attention from Geithner.


(2) the provision of education or assistance to employers to enable them to assess the feasibility of participating in short-time compensation programs; and


(3) the development or enhancement of systems to automate—


(A) the submission and approval of plans; and


(B) the filing and approval of new and ongoing short-time compensation claims.


There is no fiscal year limitation on these funds.  That means the states do not have to return the funds as they are supposed to be used for the entire duration of the program which may be years.  What this section is hoping to do is to provide a permanent place in any state's unemployment laws for this type of unemployment insurance to be issued to recipients on furlough.  It is not a bad idea, since in years to come or when start up operations find liquidity difficult it does not mean they have to jettison employees and start all over again.  Sometimes training costs are affiliated with longevity of good employees and if businesses are faced with fiscal problems having to retrain new employees all over again may be the deal breaker to bankruptcy and permanent loss of jobs in the economy.  So, this section is an enhancement to any state's existing unemployment program that could actually save businesses and lower the cost of unemployment disbursements.  Not a bad idea if it were popular with the states themselves.


(g) FUNDING.—There are appropriated, out of moneys in the Treasury not otherwise appropriated, to the Secretary, $700,000,000 to carry out this section, to remain available without fiscal year limitation.


It is costly, but, President Obama had it paid for when he sent the American Jobs Act to Congress.  


This is the kind of thinking that helps me understand how dedicated President Obama is to the Middle Class in this country.  This is a program that is suppose to have longevity, to improve relations between the private sector and government to value the citizen as an asset to a company on a long term basis.  This is President Obama saying to the private sector, "The Federal Government along with its partnership with the State believes a business does best when it has employees that are well trained, competent and loyal."  That may seem like nothing, but, it is huge.  The way the President asks for legislation is that he expects 'permanent' fixes to the economy, not simply stop gaps.  If Congress is not committed to the same goals there won't be cooperation and they will complain about the spending.  



(h) REPORTING.—The Secretary may establish reporting requirements for States receiving a grant under this section in order to provide oversight of grant funds.


I wanted to list the definitions at least once.


(i) DEFINITIONS.—In this section:
(1) SECRETARY.—The term “Secretary” means the Secretary of Labor.
(2) SHORT-TIME COMPENSATION PROGRAM.—The term “short-time compensation program” has the meaning given such term in section 3306(v) of the Internal Revenue Code of 1986, as added by section 341(a).
(3) STATE; STATE AGENCY; STATE LAW.—The terms “State”, “State agency”, and “State law” have the meanings given those terms in section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).


And then even after the check is sent to the state, the federal government will be available through the same funding for help to the states to develop and administer the program.



SEC. 345. ASSISTANCE AND GUIDANCE IN IMPLEMENTING PROGRAMS.
(a) IN GENERAL.—In order to assist States in establishing, qualifying, and implementing short-time compensation programs (as defined in section 3306(v) of the Internal Revenue Code of 1986, as added by section 341(a)), the Secretary of Labor (in this section referred to as the “Secretary”) shall—
(1) develop model legislative language which may be used by States in developing and enacting such programs and periodically review and revise such model legislative language;
(2) provide technical assistance and guidance in developing, enacting, and implementing such programs;
(3) establish reporting requirements for States, including reporting on—
(A) the number of estimated averted layoffs;
(B) the number of participating employers and workers; and
(C) such other items as the Secretary of Labor determines are appropriate.
(b) MODEL LANGUAGE AND GUIDANCE.—The model language and guidance developed under subsection (a) shall allow sufficient flexibility by States and participating employers while ensuring accountability and program integrity.
(c) CONSULTATION.—In developing the model legislative language and guidance under subsection (a), and in order to meet the requirements of subsection (b), the Secretary shall consult with employers, labor organizations, State workforce agencies, and other program experts.

The oversight the Secretary of Labor will receive will also go to the Congress for feedback regarding the programs and the states' success.



SEC. 346. REPORTS.
(a) REPORT.—
(1) IN GENERAL.—Not later than 4 years after the date of the enactment of this Act, the Secretary of Labor shall submit to Congress and to the President a report or reports on the implementation of the provisions of this Act.
(2) REQUIREMENTS.—Any report under paragraph (1) shall at a minimum include the following:
(A) A description...

Blah, blah, blah.  It completes the circle.  The program started with legislation and it returns information to the legislative process to understand the effectiveness of it.

Continued in next entry.

Only a Bush could come up with this wisdom. (click title to entry - thank you)

...That is what economic freedom looks like. Freedom to succeed as well as to fail, freedom to do something or nothing....


Absolutely.  Even to the tune of $700 Billion US!

Sunday, December 18, 2011

SEC. 342. TEMPORARY FINANCING OF SHORT-TIME COMPENSATION PAYMENTS IN STATES WITH PROGRAMS IN LAW


(a) PAYMENTS TO STATES.—
(1) IN GENERAL.—Subject to paragraph (3), there shall be paid to a State an amount equal to 100 percent of the amount of short-time compensation paid under a short-time compensation program (as defined in section 3306(v) of the Internal Revenue Code of 1986, as added by section 341(a)) under the provisions of the State law


This is an example of how burdensome this recession has been.  The states will provide the payments to their recipients and then receive reimbursements as the State Secretary calculates the increase.  This is a fiscal nightmare for the states and the federal government if they are going to be accountable.  There is no action by government that should not be accountable, these are the people's monies.  


So, for the federal government to account for their disbursements, they will receive statements/invoices from the states and reimburse their costs.  That means the states has to have the cash flow to start the program in the first place and not all states have the same credit rating of the federal government.  So, if a state has to borrow money in order to carry out the program it may be at a higher rate than the federal government would pay.  That reeks havoc with budgets and politics, but, the people will be better off in the long run, so it has to go forward.  But, none of these people elected into office asked to be 'electorate sandpaper.'  These provisions are necessary, but, can be costly.  When Wall Street was supplied with a $700 billion fund for their lousy business model, they didn't even skim the surface of the damage they did to this country when they touted how they paid it back.  The problems these governments now have in protecting people from this collapse is on going.  The costs are enormous and the people innocent.  Buoy.



e. Such estimates may be made on the basis of such statistical, sampling, or other method as may be agreed upon by the Secretary and the State agency of the State involved.

That is not as terrible as I thought.  The estimates should never be wrong though.  A state could get in trouble if they are over estimating.  They might borrow far more than they will get in reimbursement and that would lead to abuse and potential an audit with repercussions.  So, the state officials have to know what they are doing to get the most accurate estimate.  I would decrease the amount by 10 to 15 percent and then return for more reimbursement once the figures were actual instead of estimated.

(3) LIMITATIONS ON PAYMENTS.—
(A) GENERAL PAYMENT LIMITATIONS.—No payments shall be 
made to a State under this section for short-time compensation paid to an individual by the State during a benefit year in excess of 26 times the amount of regular compensation (including dependents’ allowances) under the State law payable to such individual for a week of total unemployment

These provisions do not apply to employees from seasonal, temporary or intermittent jobs. It would be abuse.  There is too much fluctuation in the nature of those jobs to be able to predict the outcome for payments and then recipients would get in trouble if they knew they were getting monies they really should not have.



(b) APPLICABILITY.—
(1) IN GENERAL.—Payments to a State under subsection (a) shall be available for weeks of unemployment—
(A) beginning on or after the date of the enactment of this Act; and
(B) ending on or before the date that is 3 years and 6 months after the date of the enactment of this Act.



(e) DEFINITIONS.—In this section


Nothing strange or unusual.



SEC. 343. TEMPORARY FINANCING OF SHORT-TIME COMPENSATION 
AGREEMENTS.
(a) FEDERAL-STATE AGREEMENTS.—
(1) IN GENERAL.—Any State which desires to do so may enter into, and 
participate in, an agreement under this section with the Secretary provided that such 
State's law does not provide for the payment of short-time compensation under a shorttime compensation program (as defined in section 3306(v) of the Internal Revenue Code 
of 1986, as added by section 341(a))


Participation by states is not mandatory nor does it have to be perpetual.  As a state recovers they can terminate this provision.
............................................
Kim Jong Il is dead.  I guess Governor Richardson will be traveling.  Dog gone it, its Christmas.  


He was only 69 years old.  His son needs to come to terms with the fact longevity in North Korea is poor compared to other nations in the world.  He is younger and should appreciate longevity for himself and his people and work on the quality of life in North Korea and not military capacity.  Military capacity has its own way to shorten lives if wrongfully applied.  I am sorry he is dead.  I don't believe, by demonstration of power within the last few years, his son will be better for the North Korean people.
.........................................


There is also a disincentive for employers to invoke their furlough option.  It costs the employer monies to have employees receive unemployment.



(3) EMPLOYER PAYMENT OF COSTS.—Any short-time compensation plan 
entered into by an employer must provide that the employer will pay the State an amount 
equal to one-half of the amount of short-time compensation paid under such plan. Such 
amount shall be deposited in the State’s unemployment fund and shall not be used for 
purposes of calculating an employer’s contribution rate under section 3303(a)(1) of the 
Internal Revenue Code of 1986.


The state also gets reimbursed their entire 50% for benefits by the federal government.  Good.  The states are having enough problems.



(2) TWO-YEAR FUNDING LIMITATION.—States may receive payments under this section with respect to a total of not more than 104 weeks.

There is a disqualifier for states that legislate their own program that has a different definition of short-time compensation under section 3306(v) of the Internal Revenue Code of 1986, as added by section 341(a),...  The state has to adhere to the intentions of this law to qualify for reimbursement.


(f) DEFINITIONS.—In this section:


SEC. 344. GRANTS FOR SHORT-TIME COMPENSATION PROGRAMS.
................................


In regard to North Korea and other nations that are not the five nuclear nations, there is a reason why they play brinkmanship.  There is a reason they have opposed any disarmament.  It is due to the over aggressive nature of the Right Wing leaders in USA.  The invasion into Iraq set the 'trustworthiness' of the USA back decades.  Back to the Cold War when it comes to nations such as North Korea.  


Kim watched how Saddam's Iraq was disarmed and then saw the death of the dictator.  The same happened with Libya.  First it was disarmed and then the rebels were provided assistance with their revolution.  The leaders of these nations now see themselves and their country falling into the same fate as Iraq.  There are a lot people dead in Iraq and Saddam had nothing to do with their deaths.  


It is too dangerous to let these countries continue their nuclear programs, it hurts the quality of life of their people, but, when these leaders reflect on the deaths in Iraq and the continued struggle now, they don't see disarmament as a method to peace, so much as a method to suffering.  That reality resulted from actions by the USA.  Iraq should not have happened.  The UN Inspectors were doing a superb job.  There was no WMD.  It has taken more than eight years to be able to leave Iraq after that huge blunder.  


What form of diplomacy is going to be effective if the American people continue to have leaders that act in aggression outside an understanding of 'legal war.'  The actions of Bush and Cheney nearly makes the State Department a place mute rather than empowered by national security policy.  To be honest, I sincerely don't expect Kim's son to be less of a military dictator so much as more of one.


I'll read more of this act tomorrow.  I'll start with SEC. 344. GRANTS FOR SHORT-TIME COMPENSATION PROGRAMS on page 110.


end

Okay. There was an email from Joe Walsh. He is a sorry legislator, between all his town halls ...

...and now he is co-hosting some kind talks show.  What was the name of it?  Oh, yeah, "Big ? Tod ?"  No.  It was "Big John and Amy Show."  Walsh is never doing his job.  The man plays all the time with the power afforded him.  Isn't he from Illinois?  He can't hold a candle to President Obama.  Oh, well...about the American Jobs Act.  Page......341.  No section 341 on page 106.


This is a new section all together.  This is IRS Code again.  I'll read through it quickly to see if I can simply write a brief synopsis.


PART III – SHORT-TIME COMPENSATION PROGRAM
SEC. 341. TREATMENT OF SHORT-TIME COMPENSATION PROGRAMS.
(a) DEFINITION.—
(1) IN GENERAL.—Section 3306 of the Internal Revenue Code of 1986 (26 U.S.C. 3306) is amended by adding at the end the following new subsection: “(v) SHORT-TIME COMPENSATION PROGRAM.—For purposes of this chapter

This is about furloughs.  This is when employees are basically sharing their jobs with each other so no one is laid off, but, they don't maintain the same number of work hours.  Those employees that maintain work hours from 41% of their full time job and 90% can receive unemployment.




“(3) such employees whose workweeks have been reduced by at least 10 percent, and by not more than the percentage, if any, that is determined by the State to be appropriate (but in no case more than 60 percent), are eligible for unemployment compensation

This is a difficult position to be in, not that unemployment will help, but, a recipient will have to maintain all the standards someone completely unemployed has to meet.  I don't think it realistic.  I want to explain that further, because, the reality today is that people sharing work hours to keep from being laid off can find themselves receiving less and less time at work as a company marginalizes their labor force.  So this is difficult, but, such employees never know where they stand.


All the rules for reporting job searches to the unemployment office applies here.  Yet, they are still working.  What happens if a person is offered yet another job that would require leaving their first employer?  The people sharing work hours are hoping they will be hired back full time, keeping all their benefits and the like.  But, how does a person discern whether that is realistic to expect?  At one point will someone performing a job search to receive benefits know they can leave their employer because they would have lost their original job anyway?


I think these people are in a difficult situation, because, if an unemployment recipient is offered a different job from their job search they can't really refuse it otherwise they loose their unemployment benefits.  There has to be some kind of relief from that dynamic.  I don't believe it is fair, no matter how prudent it might be.


“(6) eligible employees may participate, as appropriate, in training (including employer-sponsored training or worker training funded under the Workforce Investment Act of 1998) to enhance job skills if such program has been approved by the State agency


Here again, how are unemployment recipients still working going to be able to discern if they need job training?  Then there is the conflict of interest with their work hours.  If a person wants added training but it conflicts with work hours will their benefits be effected?  If not, then what transpires when they do receive work training and they are still working and hoping to return full time?  It is a very odd position to be in and it is almost mental cruelty.  There has to be some anguish with these folks due to the fluid circumstances they find themselves.  Yet, it is better to have at least a portion of work hours than none at all.


The way these people are paid unemployment is by the portion of LOSS of their normal work hours.  If a person has lost 25% of their work hours, then unemployment payments are based on that percentage.


The Workforce Investment Act of 1998 (click here) is at the Department of Labor Website.  This provision does not quote an exact statement in the act, so I am not going to try to find the particular place to read.  But, the link is noted above.


And for those that might read this as if the government is doing everyone a favor to paying  unemployment benefits, my reply is "Excuse me?"  Employees pay into their benefits for all the years they work.  Employees have a right to them.  Got it?  I hope so.



“(7) the State agency shall require employers to certify that if the employer provides health benefits and retirement benefits under a defined benefit plan (as defined in section 414(j)) or contributions under a defined contribution plan (as defined in section 414(i)) to any employee whose workweek is reduced under the program that such benefits will continue to be provided to employees participating in the short-time compensation program under the same terms and conditions as though the workweek of such employee had not been reduced or to the same extent as other employees not participating in the short-time compensation program, subject to other requirements in this section;

This is what makes it difficult to be this person.  The benefits invested over years can become a real problem when or if all that stops, especially to take another job.  I suppose if recipients find a job that might be more SECURE, they could receive a severance package, but, that probably doesn't happen.  I betcha those employees that move on due to their job searches are considered resigned and not terminated even though their circumstances have exposed them to that dynamic.  There is a degree of unfairness here.  Any employee that is working reduced hours, but, find other work due to the job searches they are required to make, should be considered a special case and given a severance package as if terminated or laid off.


I am sure this provision works out well for many people and may be a relief to finding new work, but, in all honesty these folks are kind of in a meat grinder.  They didn't ask for reduced work hours, but, yet due to receiving unemployment compensation they are required to have a second job looking for work.  There is inequity here.  I appreciate the generosity of proving monies to close the gap of income, but, at the same time these people are in a catch 22 of sorts.  Looking for a new job might be emotionally draining while they are still working their other job.  I just can't imagine feeling good about looking for work from a job I still have, have enjoyed and did well with along with peers and friends.  It is a difficult circumstance for these people and I believe the unemployment agency could be asking too much of them, unless they know they will be laid off eventually.


That is not something that is discussed either.  The 'work culture' an employee is leaving behind when they are partially or fully laid off.  They are leaving friends, social contacts, peers.  There isn't any support group for that either.  Being unemployed is difficult enough from a financial perspective, but, that emotional separation from others has to be significant.



“(9) in the case of employees represented by a union as the sole and exclusive representative, the appropriate official of the union has agreed to the terms of the employer’s written plan and implementation is consistent with employer obligations under the applicable Federal laws; and


(9) is a good thing.  It is better to have a union to be sure there is equity and people are treated fairly.  I like that.  Employers have to work with unions in these decisions.


I was just looking for a picture online of my slippers.  They really aren't slippers, they are camp boots that I used on the Juneau ice fields.  They are made by "SOREL."  If ever anyone wanted a pair of slippers that are actually shoes to wear outside, these are it.  They are so comfortable and their sole is about an inch and a half thick to elevate the foot off the ice and snow.  They have treads on the bottom.  I can't find the exact pair. 


 This is close but isn't exactly the ones I have.  Mine are paler in color and there is no orchid, but they are lined with fleece.  The treads are right.  I can walk easily across ice in these.  There is no bear on them.  Mine have the name SOREL with a Canadian leaf inside the letter O.  The seam on the toe goes all the way around with a single piece of fabric.  There is no angle.  These are by far the most comfortable, warmest and most durable shoes I have ever worn.  No lie.  If I can't find another pair should these wear out, I am really going to be bummed about it.




(3) TRANSITION PERIOD FOR EXISTING PROGRAMS.

President Obama wrote a time frame for states already providing this form of compensation.  This Act is suppose to enhance their capacity, so they are allowed to live within the law while the necessary changes are made.


...such amendment shall take effect on the earlier of—
(A) the date the State changes its State law in order to be consistent with such amendment; or
(B) the date that is 2 years and 6 months after the date of the enactment of this Act


In some states it might take this long, too.  It is no different than the American Reinvestment and Recovery Act and how it took years to get the monies into the economy.  Take for instance Texas where they only meet a portion of the year, every other year.  If this Act were to be passed, it could take potentially two to three years to see this implemented.  First the law has to be changed and in an off year that would not happen for a long time, then the Comptroller has to modify the states procedures to provide for the law.  It could take a long time for these monies to actually received the unemployed and by then the people could be destitute or working a new job, hopefully.


I bought those shoes on sale at a outdoor supplier called "Moosejaw (click here)."  Now that I think about it, it might have been a style that was being discontinued.  But, they are great shoes.  No lie.  I also receive rewards from Moosejaw for what I purchase.  Those rewards can accumulate for two years.  I just cashed mine in before I lost them on December 31st.  A Christmas present from Moosejaw to me.  Nice.


(b) CONFORMING AMENDMENTS.—
(1) INTERNAL REVENUE CODE OF 1986.—
(A) Subparagraph (E) of section 3304(a)(4) of the Internal Revenue Code 
of 1986 is amended to read as follows: ...


I betcha it gets rather strange for these folks.  On one hand they are still paying into unemployment while collecting.  Weird.  There are probably some interesting conversations these people have as they work reduced hours and receive benefits at the same time.  Hm.


(2) SOCIAL SECURITY ACT.—


(3) UNEMPLOYMENT COMPENSATION AMENDMENTS OF 1992.—


That is a worry, too.  A person is paying SSI, I guess the official name is FICA.  Is that right? So, they are working reduced hours, paying into SSI, but that is going into their SSI account with less accumulation than if they were working full time.  That is difficult to accept.  You know, that would really make me upset and angry.  This Great Recession really is nasty to people.  Wall Street isn't hurting though.  This is lousy with a capital L.


This lousy collapse has created enormous problems for this country's government.  This is not fair from any angle.



Continued in next entry.

I will cover the American Jobs Act starting where I left off on October 19th. (click title to entry - thank you)

On October 19, 2011 the next section to be read was Section 341 on page 106.  I'll start there and finish tonight at the top of page 116, Section 346(b) Funding.  I have some emails to address, so I'll begin after that and I get my warm slippers out.


I think this will be a better activity for the holidays as well as any commentary.  Some of the more interesting aspects of the President's jobs bill is in the second half.  


I'll be back.