Freedom First Society

549/H.R. 2617

Issue: H.R. 2617, Consolidated Appropriations Act, 2023. (Vehicle: An Act to amend section 1115 of title 31, United States Code, to amend the description of how performance goals are achieved, and for other purposes.) House Roll Call 549, 12-23-22. Question: On Motion to Concur in the Senate Adt to the House Adt to the Senate Adt.

Result:  Passed 225 to 201, 1 present, 4 not voting. Agreed to by Senate the previous day (Senate Vote #421, 12-22-22). Became Public Law 117-328 (signed by the President, 12-29-22).  Democrats only scored.

Freedom First Society: A $1.7-trillion spending monstrosity.  Republicans were not needed for passage in the House, so we did not score the posturing Republicans.  We give red “X’s”to the 216 Democrats who almost unanimously (only 1 [AOC] against) voted for this measure.

We have assigned (good vote) to the Nays and (bad vote) to the Yeas. (P = voted present; ? = not voting; blank = not listed on roll call.)

CRS Summary:  (Still shows legislative vehicle.)

Freedom First Society Analysis:  House Appropriations Chair Rosa DeLauro touted the package in her floor remarks: “These bills tackle our nation’s toughest crises — they help lower the cost of living for hardworking families and the middle class, create better-paying jobs, and protect our communities and our national security.”  Of course, our Constitution doesn’t authorize the federal government to “create better paying jobs.” Also lowering “the cost of living” is also a joke, as raising the Fed-financed debt does just the opposite.

         Ranking House Appropriations member Kay Granger (R-Texas) did not participate in the negotiations with the other three appropriators.  But she later protested the resulting package:

“She said it was too large, especially after Democrats increased domestic spending outside of the normal appropriations process through their pandemic aid and climate, health and tax laws.

“Rather than ‘reflecting the economic realities we face,’ the package instead ‘bails out the administration for many of their self-inflicted wounds, like the border crisis and the energy crisis,’ Granger said during debate. ‘The excess spending on nondefense programs in this bill is just too much to gain my support.’” — Roll Call, 12-23-22

Almost entirely ignored by the media was the contribution of the package to the nation’s more than $31-trillion national debt.  Senator Rick Scott (R-Florida) protested the contribution in an op-ed for the Tampa Bay Times:

“America’s national debt is $31 trillion and growing. When are we going to be so fed up that we decide this isn’t sustainable? When we get to $35, $40 or $45 trillion in debt? Too many Democrats and Republicans in Washington are happy to close their eyes, plug their ears and pass another reckless, multi-trillion dollar spending bill we can’t afford.”

         And Senator Rand Paul (R-Kentucky) protested the irresponsible Congress on Twitter (12-21-22): “If there are people in Congress who do care, who do really care about those struggling with the burden of inflation, the best way is to quit digging the hole deeper. Quit adding to the debt and begin to balance our budget.”

         We suspect that there are few in Congress “who do really care about those struggling with the burden of inflation.”  Moreover, the goal shouldn’t be to “quit adding to the debt.”  Instead, the debt must be rolled back  by slashing unconstitutional spending and departments.

362/H.R. 8404

Issue: H.R.8404, Respect for Marriage Act. Senate Vote 362, 11-29-22. Question:  On Passage of the Bill (H.R. 8404, as amended, 3/5 vote required).

Result:  Passed in Senate, 61 to 36, 3 not voting. Senate version passed in House 12-8-22 (Roll Call 513). Became Public Law 117-228 (signed by the President, 12-13-22). Democrats and GOP scored.

Freedom First Society: The Respect for Marriage Act should more correctly be termed the Disrespect for Marriage Act.  The Act addresses a non-existent threat to same-sex marriage. It will nevertheless have severe consequences for people of faith. President Biden signed the legislation at a celebratory event at the White House with more than 2,000 attendees.

We have assigned (good vote) to the Nays and (bad vote) to the Yeas. (P = voted present; ? = not voting; blank = not listed on roll call.)

Congressional Research Services Summary: 

Shown Here:
Public Law (12/13/2022)

Respect for Marriage Act

This act provides statutory authority for same-sex and interracial marriages.

Specifically, the act replaces provisions that define, for purposes of federal law, marriage as between a man and a woman and spouse as a person of the opposite sex with provisions that recognize any marriage between two individuals that is valid under state law. (The Supreme Court held that the current provisions were unconstitutional in United States v. Windsor in 2013.)

The act also replaces provisions that do not require states to recognize same-sex marriages from other states with provisions that prohibit the denial of full faith and credit or any right or claim relating to out-of-state marriages on the basis of sex, race, ethnicity, or national origin. (The Supreme Court held that state laws barring same-sex marriages were unconstitutional in Obergefell v. Hodges in 2015; the Court held that state laws barring interracial marriages were unconstitutional in Loving v. Virginia in 1967.) The act allows the Department of Justice to bring a civil action and establishes a private right of action for violations.

The act does not (1) affect religious liberties or conscience protections that are available under the Constitution or federal law, (2) require religious organizations to provide goods or services to formally recognize or celebrate a marriage, (3) affect any benefits or rights that do not arise from a marriage, or (4) recognize under federal law any marriage between more than two individuals.

 

Analysis:  Proponents of this now public law regularly tell us that this is only a first step toward full equality for gays and their total acceptance in the marketplace.  But their real agenda is revolution.  And that work will not be completed until a totalitarian world government has total control  and freedom is eliminated.

We are also experiencing the strategy of Italian Communist Antonio Gramsci and his disciples, who pointed out that the way for Communism to come to power in the more advanced countries was not by violent takeover but by subverting their institutions.

In his testimony before the Senate, Senator Mike Lee (R-Utah) summarized what was wrong with this law:

 On the one hand, there’s no existing threat to same-sex marriage. It is and will remain legal nationwide regardless of the outcome of this legislation before us, the Respect for Marriage Act.

On the other hand, we have current, real, sustained ongoing assaults on religious freedom. How we proceed today will do nothing to the status quo of same-sex marriage in this country.  It’s legal and will remain legal regardless of the outcome of this legislation.

It will, however, if enacted, have profound consequences for people of faith….

If accepting grants and licenses from the government makes you an actor under color of law, then many of our religious charities and schools will be threatened by this legislation, which relies on that un-narrowed, undefined phrase. Either the U.S. Conference of Catholic Bishops can cease operating according to its religious tenets or abandon its God-given mission to care for the refugee.

In at least three other cases, religious child care service agencies deemed to be acting under color of law are being shut out of foster care and adoption. These religious ministries can either abandon and cease to act according to their convictions, their religious convictions about marriage, or they can abandon the orphan. This nation and our orphans rely on these charities….

My [failed] amendment prevents the Internal Revenue Service, among other things, from revoking the tax-exempt status of these charities and organizations simply because they act according to their beliefs about the divine purpose of marriage.

 

362/H.R. 8404

Issue: H.R.8404, Respect for Marriage Act. Senate Vote 362, 11-29-22. Question:  On Passage of the Bill (H.R. 8404, as amended, 3/5 vote required).

Result:  Passed in Senate, 61 to 36, 3 not voting. Senate version passed in House 12-8-22 (Roll Call 513). Became Public Law 117-228 (signed by the President, 12-13-22). Democrats and GOP scored.

Freedom First Society: The Respect for Marriage Act should more correctly be termed the Disrespect for Marriage Act.  The Act addresses a non-existent threat to same-sex marriage. It will nevertheless have severe consequences for people of faith. President Biden signed the legislation at a celebratory event at the White House with more than 2,000 attendees.

We have assigned (good vote) to the Nays and (bad vote) to the Yeas. (P = voted present; ? = not voting; blank = not listed on roll call.)

Congressional Research Services Summary: 

Shown Here:
Public Law (12/13/2022)

Respect for Marriage Act

This act provides statutory authority for same-sex and interracial marriages.

Specifically, the act replaces provisions that define, for purposes of federal law, marriage as between a man and a woman and spouse as a person of the opposite sex with provisions that recognize any marriage between two individuals that is valid under state law. (The Supreme Court held that the current provisions were unconstitutional in United States v. Windsor in 2013.)

The act also replaces provisions that do not require states to recognize same-sex marriages from other states with provisions that prohibit the denial of full faith and credit or any right or claim relating to out-of-state marriages on the basis of sex, race, ethnicity, or national origin. (The Supreme Court held that state laws barring same-sex marriages were unconstitutional in Obergefell v. Hodges in 2015; the Court held that state laws barring interracial marriages were unconstitutional in Loving v. Virginia in 1967.) The act allows the Department of Justice to bring a civil action and establishes a private right of action for violations.

The act does not (1) affect religious liberties or conscience protections that are available under the Constitution or federal law, (2) require religious organizations to provide goods or services to formally recognize or celebrate a marriage, (3) affect any benefits or rights that do not arise from a marriage, or (4) recognize under federal law any marriage between more than two individuals.

 

Analysis:  Proponents of this now public law regularly tell us that this is only a first step toward full equality for gays and their total acceptance in the marketplace.  But their real agenda is revolution.  And that work will not be completed until a totalitarian world government has total control  and freedom is eliminated.

We are also experiencing the strategy of Italian Communist Antonio Gramsci and his disciples, who pointed out that the way for Communism to come to power in the more advanced countries was not by violent takeover but by subverting their institutions.

In his testimony before the Senate, Senator Mike Lee (R-Utah) summarized what was wrong with this law:

 On the one hand, there’s no existing threat to same-sex marriage. It is and will remain legal nationwide regardless of the outcome of this legislation before us, the Respect for Marriage Act.

On the other hand, we have current, real, sustained ongoing assaults on religious freedom. How we proceed today will do nothing to the status quo of same-sex marriage in this country.  It’s legal and will remain legal regardless of the outcome of this legislation.

It will, however, if enacted, have profound consequences for people of faith….

If accepting grants and licenses from the government makes you an actor under color of law, then many of our religious charities and schools will be threatened by this legislation, which relies on that un-narrowed, undefined phrase. Either the U.S. Conference of Catholic Bishops can cease operating according to its religious tenets or abandon its God-given mission to care for the refugee.

In at least three other cases, religious child care service agencies deemed to be acting under color of law are being shut out of foster care and adoption. These religious ministries can either abandon and cease to act according to their convictions, their religious convictions about marriage, or they can abandon the orphan. This nation and our orphans rely on these charities….

My [failed] amendment prevents the Internal Revenue Service, among other things, from revoking the tax-exempt status of these charities and organizations simply because they act according to their beliefs about the divine purpose of marriage.

 

513/H.R. 8404

Issue: H.R. 8404, Respect for Marriage Act. House Roll Call 513, 12-8-22. Question: On Motion to Concur in the Senate Amendment.

Result:  Passed in House, 258 to 169, 1 present, 4 not voting. Already agreed to by the Senate (Vote Number 362, 11-29-22).  Became Public Law 117-228 (signed by the President, 12-13-22). Democrats and GOP scored.

Freedom First Society:  The Respect for Marriage Act should more correctly be termed the Disrespect for Marriage Act.  The Act addresses a non-existent threat to same-sex marriage. It will nevertheless have severe consequences for people of faith. President Biden signed the legislation at a celebratory event at the White House with more than 2,000 attendees.

We have assigned (good vote) to the Nays and (bad vote) to the Yeas. (P = voted present; ? = not voting; blank = not listed on roll call.)

Congressional Research Services Summary: 

Shown Here:
Public Law (12/13/2022)

Respect for Marriage Act

This act provides statutory authority for same-sex and interracial marriages.

Specifically, the act replaces provisions that define, for purposes of federal law, marriage as between a man and a woman and spouse as a person of the opposite sex with provisions that recognize any marriage between two individuals that is valid under state law. (The Supreme Court held that the current provisions were unconstitutional in United States v. Windsor in 2013.)

The act also replaces provisions that do not require states to recognize same-sex marriages from other states with provisions that prohibit the denial of full faith and credit or any right or claim relating to out-of-state marriages on the basis of sex, race, ethnicity, or national origin. (The Supreme Court held that state laws barring same-sex marriages were unconstitutional in Obergefell v. Hodges in 2015; the Court held that state laws barring interracial marriages were unconstitutional in Loving v. Virginia in 1967.) The act allows the Department of Justice to bring a civil action and establishes a private right of action for violations.

The act does not (1) affect religious liberties or conscience protections that are available under the Constitution or federal law, (2) require religious organizations to provide goods or services to formally recognize or celebrate a marriage, (3) affect any benefits or rights that do not arise from a marriage, or (4) recognize under federal law any marriage between more than two individuals.

 

Analysis:  Proponents of this now public law regularly tell us that this is only a first step toward full equality for gays and their total acceptance in the marketplace.  But their real agenda is revolution.  And that work will not be completed until a totalitarian world government has total control  and freedom is eliminated. 

We are also experiencing the strategy of Italian Communist Antonio Gramsci and his disciples, who pointed out that the way for Communism to come to power in the more advanced countries was not by violent takeover but by subverting their institutions.

For the rest of our analysis, we draw from the opposition recorded in the Congressional Record (12-8-22) [Emphasis added]: 

Rep. Jim Jordan (R-Ohio), ranking member Committee on the Judiciary:

“Mr. Speaker, the Democrats want Americans to believe that the Supreme Court at any moment–in fact, the chairman just referenced this–at any moment could step in and overturn its opinions in Obergefell and Loving. It is just not true. The Supreme Court is not poised to overturn its opinions in either of those decisions….

“After the House last considered this bill in July, the Senate was forced to make significant changes to the bill. Unfortunately, those changes do not go far enough in protecting religious liberty.

“For example, the Senate amendment does not protect a private entity that is determined to be a State actor as a result of the services they provide on behalf of a government. These entities could be adoption agencies, shelters, or other service providers operated by a religious organization under contract with a city or State.”

Rep. Robert B. Aderholt (R-Alabama), member House Appropriations Committee:

“Madam Speaker, I am in strong opposition of H.R. 8404, the so-called Respect for Marriage Act.

“I remain steadfast in my longstanding belief that marriage, as has been the tradition in this nation and around the world, is between one man and one woman.

“To my colleagues who may be swayed by the inadequate attempts made in the Senate to increase religious protections in this flawed piece of legislation: The changes simply do not do enough to protect those that could face the harmful effects of this bill….

“‘Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . .’”

“In passing this bill, our government IS making a law that prohibits the free exercise of religion. These are not just words. They are fundamental to our country and who we are as a people.”

Rep. Vicky Hartzler (R-Missouri), member House Armed Service Committee:

“Mr. Speaker, I rise today to adamantly oppose H.R. 8404, the disrespect for marriage act. This unnecessary and misguided legislation not only disrespects the importance of traditional marriage for the health of a family, but also disrespects people and organizations of faith who have the constitutional right to carry out their mission in accordance with their most deeply held beliefs….

“Let’s be clear: Obergefell is not in danger, but people and institutions of faith are.

“This bill only serves to further demonize biblical values by establishing a private right of action against organizations who believe in natural marriage, opening the floodgates for predatory lawsuits against people of faith. The bill’s only purpose is to hand the Federal Government a legal bludgeoning tool to drive people of faith out of the public square and to silence anyone who dissents.

“Sadly, the Senate rejected three amendments that would have eliminated the private right of action and prevented the government from infringing on the freedom of religion.”

Rep. Bob Good (R-Virginia), member House Education and Labor Committee:

“Mr. Speaker, I rise today in strong opposition to the so-called Respect for Marriage Act. Honestly, this bill should be called the disrespect for marriage act.

“This bill certainly disrespects God’s definition of marriage, a definition that has served His creation well for more than 5,000 years of recorded history. And His definition is the only one that really matters….  “The fact is that traditional, biblical marriage is the foundation of a strong society and a strong culture.

“I will say it once again: almost everything that plagues our society is a failure to follow God’s design for marriage, morality, and the family. The perfect, omniscient, and immutable God knows what He is doing….

“Perhaps even worse, this bill eliminates all religious freedom protections for churches or other faith-based organizations and requires everyone to participate in and recognize gay marriage….

“It is simply designed to undermine marriage as a union between one man and one woman. God’s perfect design is, indeed, marriage between one man and one woman for life, and it doesn’t matter what you think or what I think. That is what the Bible says.

“This proposal is yet another Democrat attempt to undermine the fundamental values which formed our Nation and continue to hold our country together: recognition of the institution of marriage as between one man and one woman and respect for the freedom to operate according to your sincerely held religious beliefs.

“The legislation we are considering today is a sobering indication of the erosion of the moral values that made this Nation great….

“All great nations in societies fall from within. With Democrats threatening all sense of values and decency and family today by sexualizing kids in school, redefining sex and gender, and trans-surgery and mutilation of minors, it makes no sense for any Republican to support their efforts to codify their views on marriage.”

Rep. Tim Walberg (R-Michigan), member House Education and Labor Committee:

“The bill betrays our country’s commitment to the fundamental right of religious liberty by depriving religious and faith-based organizations of their tax-exempt status and depriving individual people of faith of being able to carry out fully their faith without repercussions. Licenses and government contracts are also put at risk here with this legislation.”

Rep. Jim Jordan (R-Ohio), ranking member Committee on the Judiciary:

“Mr. Speaker, I would just first say, the previous speaker talked about being out of step with the American people.

“Are you kidding me?

“The Democrats are the party who think men can use women’s restrooms; the Democrats are the party who think boys can participate in girls’ sports; the Democrats are the party who think you can take the life of an unborn child right up until their birthday; and the Democrats are the party who actually had a witness in committee who said that she thought men could get pregnant.

“And we are the ones who are out of step?

“You have got to be kidding me.”

513/H.R. 8404

Issue: H.R. 8404, Respect for Marriage Act. House Roll Call 513, 12-8-22. Question: On Motion to Concur in the Senate Amendment.

Result:  Passed in House, 258 to 169, 1 present, 4 not voting. Already agreed to by the Senate (Vote Number 362, 11-29-22).  Became Public Law 117-228 (signed by the President, 12-13-22). Democrats and GOP scored.

Freedom First Society:  The Respect for Marriage Act should more correctly be termed the Disrespect for Marriage Act.  The Act addresses a non-existent threat to same-sex marriage. It will nevertheless have severe consequences for people of faith. President Biden signed the legislation at a celebratory event at the White House with more than 2,000 attendees.

We have assigned (good vote) to the Nays and (bad vote) to the Yeas. (P = voted present; ? = not voting; blank = not listed on roll call.)

Congressional Research Services Summary: 

Shown Here:
Public Law (12/13/2022)

Respect for Marriage Act

This act provides statutory authority for same-sex and interracial marriages.

Specifically, the act replaces provisions that define, for purposes of federal law, marriage as between a man and a woman and spouse as a person of the opposite sex with provisions that recognize any marriage between two individuals that is valid under state law. (The Supreme Court held that the current provisions were unconstitutional in United States v. Windsor in 2013.)

The act also replaces provisions that do not require states to recognize same-sex marriages from other states with provisions that prohibit the denial of full faith and credit or any right or claim relating to out-of-state marriages on the basis of sex, race, ethnicity, or national origin. (The Supreme Court held that state laws barring same-sex marriages were unconstitutional in Obergefell v. Hodges in 2015; the Court held that state laws barring interracial marriages were unconstitutional in Loving v. Virginia in 1967.) The act allows the Department of Justice to bring a civil action and establishes a private right of action for violations.

The act does not (1) affect religious liberties or conscience protections that are available under the Constitution or federal law, (2) require religious organizations to provide goods or services to formally recognize or celebrate a marriage, (3) affect any benefits or rights that do not arise from a marriage, or (4) recognize under federal law any marriage between more than two individuals.

 

Analysis:  Proponents of this now public law regularly tell us that this is only a first step toward full equality for gays and their total acceptance in the marketplace.  But their real agenda is revolution.  And that work will not be completed until a totalitarian world government has total control  and freedom is eliminated. 

We are also experiencing the strategy of Italian Communist Antonio Gramsci and his disciples, who pointed out that the way for Communism to come to power in the more advanced countries was not by violent takeover but by subverting their institutions.

For the rest of our analysis, we draw from the opposition recorded in the Congressional Record (12-8-22) [Emphasis added]: 

Rep. Jim Jordan (R-Ohio), ranking member Committee on the Judiciary:

“Mr. Speaker, the Democrats want Americans to believe that the Supreme Court at any moment–in fact, the chairman just referenced this–at any moment could step in and overturn its opinions in Obergefell and Loving. It is just not true. The Supreme Court is not poised to overturn its opinions in either of those decisions….

“After the House last considered this bill in July, the Senate was forced to make significant changes to the bill. Unfortunately, those changes do not go far enough in protecting religious liberty.

“For example, the Senate amendment does not protect a private entity that is determined to be a State actor as a result of the services they provide on behalf of a government. These entities could be adoption agencies, shelters, or other service providers operated by a religious organization under contract with a city or State.”

Rep. Robert B. Aderholt (R-Alabama), member House Appropriations Committee:

“Madam Speaker, I am in strong opposition of H.R. 8404, the so-called Respect for Marriage Act.

“I remain steadfast in my longstanding belief that marriage, as has been the tradition in this nation and around the world, is between one man and one woman.

“To my colleagues who may be swayed by the inadequate attempts made in the Senate to increase religious protections in this flawed piece of legislation: The changes simply do not do enough to protect those that could face the harmful effects of this bill….

“‘Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . .’”

“In passing this bill, our government IS making a law that prohibits the free exercise of religion. These are not just words. They are fundamental to our country and who we are as a people.”

Rep. Vicky Hartzler (R-Missouri), member House Armed Service Committee:

“Mr. Speaker, I rise today to adamantly oppose H.R. 8404, the disrespect for marriage act. This unnecessary and misguided legislation not only disrespects the importance of traditional marriage for the health of a family, but also disrespects people and organizations of faith who have the constitutional right to carry out their mission in accordance with their most deeply held beliefs….

“Let’s be clear: Obergefell is not in danger, but people and institutions of faith are.

“This bill only serves to further demonize biblical values by establishing a private right of action against organizations who believe in natural marriage, opening the floodgates for predatory lawsuits against people of faith. The bill’s only purpose is to hand the Federal Government a legal bludgeoning tool to drive people of faith out of the public square and to silence anyone who dissents.

“Sadly, the Senate rejected three amendments that would have eliminated the private right of action and prevented the government from infringing on the freedom of religion.”

Rep. Bob Good (R-Virginia), member House Education and Labor Committee:

“Mr. Speaker, I rise today in strong opposition to the so-called Respect for Marriage Act. Honestly, this bill should be called the disrespect for marriage act.

“This bill certainly disrespects God’s definition of marriage, a definition that has served His creation well for more than 5,000 years of recorded history. And His definition is the only one that really matters….  “The fact is that traditional, biblical marriage is the foundation of a strong society and a strong culture.

“I will say it once again: almost everything that plagues our society is a failure to follow God’s design for marriage, morality, and the family. The perfect, omniscient, and immutable God knows what He is doing….

“Perhaps even worse, this bill eliminates all religious freedom protections for churches or other faith-based organizations and requires everyone to participate in and recognize gay marriage….

“It is simply designed to undermine marriage as a union between one man and one woman. God’s perfect design is, indeed, marriage between one man and one woman for life, and it doesn’t matter what you think or what I think. That is what the Bible says.

“This proposal is yet another Democrat attempt to undermine the fundamental values which formed our Nation and continue to hold our country together: recognition of the institution of marriage as between one man and one woman and respect for the freedom to operate according to your sincerely held religious beliefs.

“The legislation we are considering today is a sobering indication of the erosion of the moral values that made this Nation great….

“All great nations in societies fall from within. With Democrats threatening all sense of values and decency and family today by sexualizing kids in school, redefining sex and gender, and trans-surgery and mutilation of minors, it makes no sense for any Republican to support their efforts to codify their views on marriage.”

Rep. Tim Walberg (R-Michigan), member House Education and Labor Committee:

“The bill betrays our country’s commitment to the fundamental right of religious liberty by depriving religious and faith-based organizations of their tax-exempt status and depriving individual people of faith of being able to carry out fully their faith without repercussions. Licenses and government contracts are also put at risk here with this legislation.”

Rep. Jim Jordan (R-Ohio), ranking member Committee on the Judiciary:

“Mr. Speaker, I would just first say, the previous speaker talked about being out of step with the American people.

“Are you kidding me?

“The Democrats are the party who think men can use women’s restrooms; the Democrats are the party who think boys can participate in girls’ sports; the Democrats are the party who think you can take the life of an unborn child right up until their birthday; and the Democrats are the party who actually had a witness in committee who said that she thought men could get pregnant.

“And we are the ones who are out of step?

“You have got to be kidding me.”

476/H.R. 6833

Issue: H.R. 6833, Continuing Appropriations and Ukraine Supplemental Act, 2023. (Vehicle: Affordable Insulin Now Act.) Question: On Motion to Concur in the Senate Amendment.

Result:  Passed in House, 230 to 201, 2 not voting. Agreed to earlier by the Senate (Senate Vote Number 351, 9-29-22).  Became Public Law 117-180 (signed by the President, 9-30-22). Democrats only scored.

Freedom First Society: This CR extends unconstitutional Big Bother government for 11 weeks without any momentum to make desperately needed cuts. It sets the stage for an omnibus bill to fuel Big Bother still further, an omnibus that will bury the alarming detail.

We have assigned (good vote) to the Nays and (bad vote) to the Yeas. (P = voted present; ? = not voting; blank = not listed on roll call.)

Bill Summary: In addition to the 11-week Continuing Resolution, H.R. 6833 included the Affordable Insulin vehicle, $12.3 billion for Ukraine military and economic aid, $1.8 billion in emergency funds to care for migrant border-crossers, and $1 billion to help low-income households with winter heating bills.

The measure also extended a variety of programs for the duration of the CR.

CRS Summary for old H.R. 6833 vehicle: 

Shown Here:
Passed House (03/31/2022)

Affordable Insulin Now Act

This bill limits cost-sharing for insulin under private health insurance and the Medicare prescription drug benefit.

Specifically, the bill caps cost-sharing under private health insurance for a month’s supply of selected insulin products at $35 or 25% of a plan’s negotiated price (after any price concessions), whichever is less, beginning in 2023.

The bill caps cost-sharing under the Medicare prescription drug benefit for a month’s supply of covered insulin products at $35 beginning in 2023.

Currently, the Centers for Medicare & Medicaid Services is testing a voluntary model under the Medicare prescription drug benefit (the Part D Senior Savings Model) in which the copayment for a month’s supply of insulin is capped at $35 through participating plans. The model is set to expire on December 31, 2025.

The bill also (1) further delays implementation of regulations relating to the treatment of certain Medicare prescription drug benefit rebates from drug manufacturers for purposes of federal anti-kickback laws, and (2) increases funding for the Medicare Improvement Fund.

FFS Analysis:  Proponents of the Continuing Resolution would argue that it’s only 11 weeks to buy more time to finish the full year appropriation bills.  We would point out that it completely ignores the urgency to begin rolling back unconstitutional programs and spending.  It also sets the stage for a massive omnibus spending bill to finish off the appropriations year.

No one should seek to shut down the government, but responsible reps should insist on accompanying plans to return to constitutionally authorized government to get their vote. If enough reps would refuse business as usual there would be enough to begin the rollback that might justify a future CR. But major changes in Congress and pressure from an informed, determined electorate would be necessary for that to happen.

We conclude with just one excerpt from debates recorded in the Congressional Record (9-30-22):

Representative Kay Granger (R-Texas), ranking members of the House Appropriations Committee:

“I rise today in opposition to the Senate amendment to H.R. 6833, a short- term continuing resolution extending government funding through December 16. I oppose this CR for several reasons.

“First, we should be here addressing the border crisis, the energy crisis, and the inflation crisis. This bill does nothing to fix any of these issues. In fact, this bill actually bails out the Biden administration for their failures and provides additional appropriations to put a Band-Aid on some of these problems for a few more months….

“Second, it is unfortunate this bill will be rushed through the House today with just hours to spare to avoid a government shutdown. The American people continue to wonder why Congress can’t get its job done until the very last minute and why we don’t have more time to review legislation.”

351/H.R. 6833

Issue: H.R. 6833, Continuing Appropriations and Ukraine Supplemental Appropriations Act, 2023.  (Vehicle: Affordable Insulin Now Act) Question:  On Passage of the Bill H.R. 6833, as Amended (3/5 vote required), so Senate GOP (but not House GOP) votes needed for passage.

Result:  Passed in Senate, 72 to 25, 3 not voting.  (Passed by the House the next day, Roll Call 476, 9-30-22).  Became Public Law No. 117-180 (signed by the President, 9-30-22). GOP and Democrats both scored in Senate.

Freedom First Society: Extends unconstitutional Big Bother government for 11 weeks without any momentum to make desperately needed cuts. Sets the stage for an omnibus bill to fuel Big Bother still further, an omnibus that will bury the alarming detail.

We have assigned (good vote) to the Nays and (bad vote) to the Yeas. (P = voted present; ? = not voting; blank = not listed on roll call.)

Bill Summary: In addition to the 11-week Continuing Resolution, H.R. 6833 included the Affordable Insulin vehicle, $12.3 billion for Ukraine military and economic aid, $1.8 billion in emergency funds to care for migrant border-crossers, and $1 billion to help low-income households with winter heating bills.

The measure also extended a variety of programs for the duration of the CR.

CRS Summary for old H.R. 6833 vehicle: 

Shown Here:
Passed House (03/31/2022)

Affordable Insulin Now Act

This bill limits cost-sharing for insulin under private health insurance and the Medicare prescription drug benefit.

Specifically, the bill caps cost-sharing under private health insurance for a month’s supply of selected insulin products at $35 or 25% of a plan’s negotiated price (after any price concessions), whichever is less, beginning in 2023.

The bill caps cost-sharing under the Medicare prescription drug benefit for a month’s supply of covered insulin products at $35 beginning in 2023.

Currently, the Centers for Medicare & Medicaid Services is testing a voluntary model under the Medicare prescription drug benefit (the Part D Senior Savings Model) in which the copayment for a month’s supply of insulin is capped at $35 through participating plans. The model is set to expire on December 31, 2025.

The bill also (1) further delays implementation of regulations relating to the treatment of certain Medicare prescription drug benefit rebates from drug manufacturers for purposes of federal anti-kickback laws, and (2) increases funding for the Medicare Improvement Fund.

Freedom First Society Analysis:  Proponents of the Continuing Resolution would argue that it’s only 11 weeks to buy more time to finish the full-year appropriation bills.  We would counter that the argument completely ignores the urgency to begin rolling back unconstitutional programs and spending.  It also sets the stage for a massive omnibus spending bill to finish off the appropriations year.

No one should seek to shut down the government, but responsible reps should insist on accompanying plans to return to constitutionally authorized government to get their vote. If enough reps would refuse business as usual there would be enough to begin the rollback that might justify a future CR. But major changes in Congress and pressure from an informed, determined electorate would be necessary for that to happen.

351/H.R. 6833

Issue: H.R. 6833, Continuing Appropriations and Ukraine Supplemental Appropriations Act, 2023.  (Vehicle: Affordable Insulin Now Act) Question:  On Passage of the Bill H.R. 6833, as Amended (3/5 vote required), so Senate GOP (but not House GOP) votes needed for passage.

Result:  Passed in Senate, 72 to 25, 3 not voting.  (Passed by the House the next day, Roll Call 476, 9-30-22).  Became Public Law No. 117-180 (signed by the President, 9-30-22). GOP and Democrats both scored in Senate.

Freedom First Society: Extends unconstitutional Big Bother government for 11 weeks without any momentum to make desperately needed cuts. Sets the stage for an omnibus bill to fuel Big Bother still further, an omnibus that will bury the alarming detail.

We have assigned (good vote) to the Nays and (bad vote) to the Yeas. (P = voted present; ? = not voting; blank = not listed on roll call.)

Bill Summary: In addition to the 11-week Continuing Resolution, H.R. 6833 included the Affordable Insulin vehicle, $12.3 billion for Ukraine military and economic aid, $1.8 billion in emergency funds to care for migrant border-crossers, and $1 billion to help low-income households with winter heating bills.

The measure also extended a variety of programs for the duration of the CR.

CRS Summary for old H.R. 6833 vehicle: 

Shown Here:
Passed House (03/31/2022)

Affordable Insulin Now Act

This bill limits cost-sharing for insulin under private health insurance and the Medicare prescription drug benefit.

Specifically, the bill caps cost-sharing under private health insurance for a month’s supply of selected insulin products at $35 or 25% of a plan’s negotiated price (after any price concessions), whichever is less, beginning in 2023.

The bill caps cost-sharing under the Medicare prescription drug benefit for a month’s supply of covered insulin products at $35 beginning in 2023.

Currently, the Centers for Medicare & Medicaid Services is testing a voluntary model under the Medicare prescription drug benefit (the Part D Senior Savings Model) in which the copayment for a month’s supply of insulin is capped at $35 through participating plans. The model is set to expire on December 31, 2025.

The bill also (1) further delays implementation of regulations relating to the treatment of certain Medicare prescription drug benefit rebates from drug manufacturers for purposes of federal anti-kickback laws, and (2) increases funding for the Medicare Improvement Fund.

Freedom First Society Analysis:  Proponents of the Continuing Resolution would argue that it’s only 11 weeks to buy more time to finish the full-year appropriation bills.  We would counter that the argument completely ignores the urgency to begin rolling back unconstitutional programs and spending.  It also sets the stage for a massive omnibus spending bill to finish off the appropriations year.

No one should seek to shut down the government, but responsible reps should insist on accompanying plans to return to constitutionally authorized government to get their vote. If enough reps would refuse business as usual there would be enough to begin the rollback that might justify a future CR. But major changes in Congress and pressure from an informed, determined electorate would be necessary for that to happen.

325/H.R. 5376

Issue: H.R. 5376, Inflation Reduction Act of 2022.  Question:  On Passage of the Bill (H.R. 5376, As Amended).

Result:  Passed in Senate, 51 to 50, VP Kamala Harris breaking tie.  (Passed by the House, Roll Call 420, 8-12-22).  Became Public Law No. 117-169 (signed by the President, 8-16-22). Democrats only scored. (All 50 voting GOP Senators voted against the measure, which had sufficient Democrat votes to pass, so no real GOP backbone displayed.) 

Freedom First Society:  This misnamed, amended Act combines several unrelated unconstitutional and/or destructive measures with no expected impact on “price” inflation. Included: spending to combat the fiction of significant manmade climate change, tax credits for shifting energy production to expensive unreliable sources, new taxes, incentives to get pharmaceutical companies to lower drug prices.

We have assigned (good vote) to the Nays and (bad vote) to the Yeas. (P = voted present; ? = not voting; blank = not listed on roll call.)

Bill Summary: Here is a summary of the unusually very lengthy CRS Summary. The complete CRS Summary is provided at the end, below.

Shown Here: H.R. 5376 Inflation Reduction Act.
Passed Senate (08/07/2022)

TITLE I–COMMITTEE ON FINANCE

Subtitle A–Deficit Reduction

Part 1–Corporate Tax Reform

Part 2–Excise Tax on Repurchase of Corporate Stock

Part 3–Funding the Internal Revenue Service and Improving Taxpayer Compliance

Subtitle B–Prescription Drug Pricing Reform

Subtitle C–Affordable Care Act Subsidies

Subtitle D–Energy Security

TITLE II–COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY

TITLE III–COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS

TITLE IV–COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

TITLE V–COMMITTEE ON ENERGY AND NATURAL RESOURCES

TITLE VI–COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS

TITLE VII–COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

TITLE VIII–COMMITTEE ON INDIAN AFFAIRS

Analysis:  While reading the House “debates” (actually political posturing statements), it sounded as if Republicans and Democrats were talking about two different bills.  Is this Act the greatest thing since sliced bread or a huge jump down the road to disaster? See our analysis of the House Roll Call 420.

Freedom First Society: This bill started out in the House of Representatives last year as the Build Back Better Act, a frustratingly deceptive use of legislative vehicles.

Complete CRS Summary: 

Shown Here: H.R. 5376 Inflation Reduction Act).
Passed Senate (08/07/2022)

TITLE I–COMMITTEE ON FINANCE

Subtitle A–Deficit Reduction

Part 1–Corporate Tax Reform

This bill imposes an alternative minimum tax of 15% of the average annual adjusted financial statement income of domestic corporations (excluding Subchapter S corporations, regulated investment companies, and real estate investment trusts) that exceeds $1 billion over a specified 3-year period. The tax is effective in taxable years beginning after December 31, 2022.

Part 2–Excise Tax on Repurchase of Corporate Stock

The bill imposes a 1% excise tax on the fair market value of stock repurchased by a domestic corporation after 2022, with certain exceptions.

Part 3–Funding the Internal Revenue Service and Improving Taxpayer Compliance

The bill provides additional funding for the Internal Revenue Service for taxpayer services and enforcement, including for operations support, business systems modernization, and the development of a free direct e-file tax return system. It also provides additional funding for the Department of the Treasury Inspector General for Tax Administration, the Office of Tax Policy, the Tax Court, and Treasury departmental offices.

Subtitle B–Prescription Drug Pricing Reform

Part 1–Lowering Prices Through Drug Price Negotiation

The bill requires the Centers for Medicare & Medicaid Services (CMS) to negotiate the prices of certain prescription drugs under Medicare beginning in 2026.

Specifically, the CMS must negotiate maximum prices for brand-name drugs that do not have other generic equivalents and that account for the greatest Medicare spending. The CMS must negotiate the prices of 10 drugs in 2026, 15 drugs in 2027 and 2028, and 20 drugs in 2029 and each year thereafter. Drug manufacturers that fail to comply with negotiation requirements are subject to civil penalties and excise taxes.

The bill provides funds for FY2022 for the CMS to implement this program.

Part 2–Prescription Drug Inflation Rebates

In addition, the bill requires drug manufacturers to issue rebates to the CMS for brand-name drugs without generic equivalents under Medicare that cost $100 or more per year per individual and for which prices increase faster than inflation. Manufacturers that fail to comply are subject to civil penalties.

The bill provides funds through FY2031 for the CMS to implement the rebate programs.

Part 3–Part D Improvements and Maximum Out-of-Pocket Cap for Medicare Beneficiaries

The bill eliminates beneficiary cost-sharing above the annual out-of-pocket spending threshold under the Medicare prescription drug benefit beginning in 2024 and caps annual out-of-pocket spending at $2,000 in 2025 (with annual adjustments thereafter). It also establishes a program under which drug manufacturers provide discounts to beneficiaries who have incurred costs above the annual deductible beginning in 2025.

The bill provides funds through FY2031 for the CMS to implement these changes and requirements.

The bill also establishes a process through which certain beneficiaries may have their monthly out-of-pocket costs capped and paid in monthly installments beginning in 2025; it provides funds for FY2023 for the CMS to implement this process.

Part 4–Continued Delay of Implementation of Prescription Drug Rebate Rule

The bill further delays until 2032 implementation of a Department of Health and Human Services rule relating to the treatment of certain Medicare prescription drug benefit rebates from drug manufacturers for purposes of federal anti-kickback laws.

Part 5–Miscellaneous

The bill establishes a series of additional programs and requirements relating to coverage under the Medicare prescription drug benefit and other programs.

For example, the bill eliminates cost-sharing under the Medicare prescription drug benefit for adult vaccines that are recommended by the Advisory Committee on Immunization Practices. It also requires coverage, without cost-sharing, of such vaccines under Medicaid and the Children’s Health Insurance Program (CHIP).

In addition, the bill caps cost-sharing under the Medicare prescription drug benefit for a month’s supply of covered insulin products at (1) for 2023 through 2025, $35; and (2) beginning in 2026, $35, 25% of the government’s negotiated price, or 25% of the plan’s negotiated price, whichever is less. The bill provides funds for FY2022 for the CMS to implement these provisions.

Subtitle C–Affordable Care Act Subsidies

The bill extends through 2025 certain adjustments and expansions of the premium tax credit, including to allow taxpayers with income above 400% of the federal poverty line to qualify for the credit.

Subtitle D–Energy Security

The bill modifies and extends through 2024 tax credits (1) for producing electricity from renewable resources, specifically for wind, biomass, geothermal and solar, landfill gas, trash, qualified hydropower, and marine and hydrokinetic resources; (2) for investment in certain energy properties (e.g., solar, fuel cells, waste energy recovery, combined heat and power, small wind property, and microturbine property); and (3) for alternative fuels and fuel mixtures, and biodiesel and renewable diesel.

The bill creates new tax credits for (1) qualifying zero-emission nuclear power produced and sold after 2023, (2) the sale or mixture of sustainable aviation fuel beginning in 2023, (3) the production of clean hydrogen, (4) the production of clean electricity and for investment in zero-emissions electricity generation facilities or energy storage technology, (5) domestic clean fuel production beginning in 2025, and (6) the domestic production and sale of qualifying solar and wind components.

The bill modifies and extends through 2032 (1) the tax credit for nonbusiness energy property and increases its rate to 30%, with certain limitations; (2) the new energy efficient home credit; and (3) the tax credit for alternate fuel refueling property expenditures.

The bill modifies requirements for the tax deduction for energy efficient commercial buildings.

The bill creates a new credit for commercial clean vehicles and modifies the refundable tax credit for the purchase of plug-in electric vehicles and previously-owned electric vehicles.

The bill permanently reinstates the Hazardous Substance Superfund financing rate for certain excise taxes, including the excise tax on domestic crude oil and imported petroleum products at the rate of 16.4 cents per barrel in 2023, adjusted annually for inflation.

The bill makes permanent the increased rate of the coal excise tax for funding the Black Lung Disability Trust Fund.

The bill increases the amount of the research tax credit that may be applied against the payroll tax liabilities of certain small businesses.

The bill reinstates the current suspension until 2025 of the tax deduction for state and local taxes and extends the limitation on excess business losses of noncorporate taxpayers.

TITLE II–COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY

Subtitle A–General Provisions

The bill provides funding to the Department of Agriculture (USDA) for a variety of programs related to conservation and renewable energy.

Subtitle B–Conservation

Specifically, the bill provides funding to USDA for voluntary conservation programs, such as the environmental quality incentives program, the conservation stewardship program, the agricultural conservation easement program, and the regional conservation partnership program.

It also provides funding to USDA’s Natural Resources Conservation Service for (1) conservation technical assistance; and (2) a program to quantify carbon sequestration and carbon dioxide, methane, and nitrous oxide emissions.

Subtitle C–Rural Development and Agricultural Credit

In addition, the bill provides funding to USDA for several programs, such as the Rural Energy for America Program, that support the generation, storage, and use of renewable energy in rural communities.

Subtitle D–Forestry

The bill also provides funding to USDA for the National Forest System, including funding for forest restoration, wildfire prevention, and related activities. Further, the bill provides funding to USDA for programs that award grants to owners of state or private forests for climate mitigation, forest resilience, or related activities.

TITLE III–COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS

The bill provides additional funding for the President to carry out activities under the Defense Production Act of 1950. That act confers on the President a broad set of authorities to influence domestic industry in order to provide essential materials and goods for the national defense.

In addition, the bill provides funding to the Department of Housing and Urban Development for loans and grants to fund projects that address affordable housing and climate change issues, such as projects designed to increase the energy or water efficiency of affordable housing.

TITLE IV–COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

The bill provides funding for coastal communities, coastal and marine habitats, weather forecasting, and aviation technology.

For example, the bill provides funding to the National Oceanic and Atmospheric Administration (NOAA), including funding for

  • coastal communities so they can prepare for extreme storms and other changing climate conditions,
  • NOAA facilities (e.g., fisheries laboratories and national marine sanctuaries facilities),
  • weather research and forecasting innovations, and
  • acquiring a hurricane hunter aircraft.

In addition, the bill provides funding to the Department of Transportation for a program that awards grants for projects that (1) produce, transport, blend, or store sustainable aviation fuel; or (2) develop, demonstrate, or apply low-emission aviation technologies.

TITLE V–COMMITTEE ON ENERGY AND NATURAL RESOURCES

Subtitle A–Energy

Part 1–General Provisions

The bill provides funding to the Department of Energy (DOE) for a variety of programs concerning energy rebates, energy efficiency in buildings, electric transmissions, advanced industrial facilities, and other energy matters.

Part 2–Residential Efficiency and Electrification Rebates

For example, the bill provides funding to DOE for a HOMES rebate program that awards grants to state energy offices. Under the program, states must provide rebates to homeowners and aggregators for certain whole-house energy saving retrofits made for low- and moderate-income households.

In addition, funding is provided to DOE for a high-efficiency electric home rebate program that awards grants to state energy offices and Indian tribes. Under the program, rebates must be given for qualified electrification projects in low- or moderate-income households.

Part 3–Building Efficiency and Resilience

The bill also provides funding to DOE for grants to states and local governments to adopt and implement building codes for (1) residential buildings that meet or exceed the 2021 International Energy Conservation Code, or (2) commercial buildings that meet or exceed the ANSI/ASHRAE/IES Standard 90.1–2019.

Part 4–DOE Loan and Grant Programs

The bill provides funding for specified DOE loan programs, including

  • certain loans issued under the Energy Policy Act of 2005;
  • loans for facilities that manufacture advanced vehicles that emit either a low amount of or no amount of greenhouse gas emissions; and
  • loans for the domestic production of efficient hybrid, plug-in electric hybrid, plug-in electric drive, and hydrogen fuel cell electric vehicles.

The bill also provides funding to support financing of energy infrastructure projects, including projects to replace nonoperational energy infrastructure or reduce the emissions of energy infrastructure.

Part 5–Electric Transmission

The bill provides funding to DOE for a program that provides loans for the construction or modification of electric transmission facilities that are located within a national interest electric transmission corridor. Further, DOE is authorized to make grants to facilitate the siting of interstate electricity transmission lines.

In addition, the bill provides funding to DOE for interregional and offshore wind electricity transmission planning, modeling, and analysis.

Part 6–Industrial

The bill also provides funding for DOE’s Office of Clean Energy Demonstrations to carry out the advanced industrial facilities deployment program. Under the program, the office must deploy advanced industrial technology to accelerate the reduction and elimination of greenhouse gas emissions at industrial facilities.

Part 7–Other Energy Matters

In addition, the bill provides funding for other energy matters, such as infrastructure projects for DOE’s national laboratories as well as efforts to increase the availability of high-assay low-enriched uranium, a fuel used in advanced nuclear reactors.

Subtitle B–Natural Resources

Part 1–General Provisions

The bill provides funding for natural resources, water supplies, the Office of Insular Affairs, leases to develop energy on federal land, and other related issues.

Part 2–Public Lands

The bill provides funding to the Department of Interior to carry out projects for (1) the conservation, protection, and resiliency of lands and resources administered by the National Park Service (NPS) and the Bureau of Land Management (BLM); and (2) conservation and ecosystem and habitat restoration projects on lands administered by the NPS and the BLM.

It also provides funding to the NPS to hire more employees and carry out priority deferred maintenance projects.

Part 3–Drought Response and Preparedness

The bill provides funding to the BLM for water supply projects, projects to cover water conveyance facilities with solar panels, and drought mitigation in western states.

Part 4–Insular Affairs

The bill provides funding to Interior’s Office of Insular Affairs. The office must use the funding to provide technical assistance for climate change planning, mitigation, adaptation, and resilience to United States Insular Areas (i.e., American Samoa, Northern Mariana Islands, Guam, Puerto Rico, and the U.S. Virgin Islands).

Part 5–Offshore Wind

The bill provides for the lease of federal land in the Outer Continental Shelf (OCS) for offshore wind development. Specifically, Interior may issue leases, easements, and rights-of-way in the OCS to produce, transport, store, or transmit energy from sources other than oil and gas (e.g., offshore wind energy sources) in land areas previously withdrawn from leasing.

The bill (1) expands the definition of the OCS to include land that is within the U.S. exclusive economic zone and adjacent to any territory of the United States, and (2) allows Interior to conduct wind lease sales that are in such areas if the leases meet specified criteria.

Part 6–Fossil Fuel Resources

In addition, the bill modifies several provisions related to oil and gas leasing on public lands. For example, it increases the minimum royalty rates for oil and gas leases on federal land as well as offshore land in the OCS. It also increases rental rates and minimum bidding standards for onshore oil and gas leases and establishes a new fee that must be paid by any person who nominates public lands for such leasing. Further, it requires royalties to be paid for methane gas extracted from federal lands, including offshore lands as specified by the bill.

Part 7–United States Geological Survey

The bill provides funding for the United States Geological Survey to produce, collect, disseminate, and use 3D elevation data.

Subtitle C–Environmental Reviews

The bill provides funding to DOE, the Federal Energy Regulatory Commission, and Interior for environmental reviews as specified under the bill.

TITLE VI–COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS

Subtitle A–Air Pollution

The bill provides funding to the Environmental Protection Agency (EPA) to establish a greenhouse gas reduction fund and to support several programs that provide financial incentives to reduce greenhouse gas emissions and other air pollution emissions. For example, the bill provides incentives to

  • replace eligible medium-duty vehicles (e.g., school buses) and heavy-duty vehicles (e.g., garbage trucks) with zero-emission vehicles,
  • purchase or install equipment and technology to reduce pollution at ports,
  • identify and reduce emissions from diesel engines,
  • monitor air pollution and greenhouse gases,
  • encourage states to adopt and implement greenhouse gas and zero-emission standards for mobile sources, and
  • reduce methane emissions from petroleum and natural gas systems.

The bill also provides funding to implement the renewable fuels programs and the American Innovation and Manufacturing Act.

Subtitle B–Hazardous Materials

In addition, the bill provides funding to the EPA for environmental and climate justice block grants that benefit disadvantaged communities.

Subtitle C–United States Fish and Wildlife Service

The bill provides funding to the United States Fish and Wildlife Service (USFWS) to develop and implement recovery plans for the conservation and survival of endangered species and threatened species.

It also provides funding to USFWS to rebuild and restore units of the National Wildlife Refuge System and state wildlife management areas by (1) addressing the threat of invasive species, (2) increasing the resiliency and capacity of habitats and infrastructure to withstand weather events, and (3) reducing the amount of damage caused by weather events.

Subtitle D–Council on Environmental Quality

The bill provides funding to the Council on Environmental Quality, including funding for (1) collecting data related to environmental and climate issues, (2) tracking disproportionate burdens and cumulative impacts, and (3) supporting efforts to ensure that any mapping or screening tool is accessible to community-based organizations and community members.

Subtitle E–Transportation and Infrastructure

This bill provides funding to the Federal Highway Administration and to the General Services Administration. Specifically, it provides funding to the Federal Highway Administration for the neighborhood access and equity grant program, the environmental review of transportation projects, and grants for the use of low-carbon construction materials and products on federally funded transportation projects.

In addition, it provides funding to the Federal Building Fund for (1) converting and constructing federal facilities to high-performance green buildings, (2) acquiring and installing low-carbon materials and products in the construction of federal buildings, and (3) emerging and sustainable technologies as well as related sustainability and environmental programs.

TITLE VII–COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

This bill provides funding for the oversight of this act as well as a variety of environmental programs, such as funding to

  • the Department of Homeland Security for implementing sustainability and environmental programs,
  • the U.S. Postal Service for purchasing zero-emission delivery vehicles and installing related infrastructure, and
  • the Federal Emergency Management Agency so it may provide assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act for costs associated with low-carbon building materials as well as incentives that encourage low-carbon and net-zero energy projects.

TITLE VIII–COMMITTEE ON INDIAN AFFAIRS

This bill provides funding to assist Indian tribes address climate change, including funding to

  • the Bureau of Indian Affairs and the Office of Native Hawaiian Relations for climate resilience and adaptation programs,
  • the Bureau of Indian Affairs for a tribal electrification program, and
  • the BLM for providing emergency drought relief to Indian tribes located in the western United States.

420/H.R. 5376

Issue: H.R. 5376, Inflation Reduction Act of 2022 (legislative vehicles: several, including the Build Back Better Act). Question: On Motion to Concur in the Senate Amendment.

Result: Passed in House, 220 to 207, 4 not voting. Amended earlier by the Senate (Senate Vote Number 325, 8-7-22). Became Public Law 117-169 (signed by the President, 8-16-22). Democrats only scored.  (All 207 voting GOP voted against the measure, which had sufficient Democrat votes to pass, so no real GOP backbone displayed.)

Freedom First Society:  This misnamed Act combines several unrelated unconstitutional and/or destructive measures with no expected impact on “price” inflation. Included: spending to combat the fiction of significant manmade climate change, tax credits for shifting energy production to expensive unreliable sources, new taxes, incentives to get pharmaceutical companies to lower drug prices.

We have assigned (good vote) to the Nays and (bad vote) to the Yeas. (P = voted present; ? = not voting; blank = not listed on roll call.)

Bill Summary: Here is a summary of the unusually very lengthy CRS Summary. The complete CRS Summary is provided at the end, below.

Shown Here: H.R. 5376 Inflation Reduction Act.
Passed Senate (08/07/2022)

TITLE I–COMMITTEE ON FINANCE

Subtitle A–Deficit Reduction

Part 1–Corporate Tax Reform

Part 2–Excise Tax on Repurchase of Corporate Stock

Part 3–Funding the Internal Revenue Service and Improving Taxpayer Compliance

Subtitle B–Prescription Drug Pricing Reform

Subtitle C–Affordable Care Act Subsidies

Subtitle D–Energy Security

TITLE II–COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY

TITLE III–COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS

TITLE IV–COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

TITLE V–COMMITTEE ON ENERGY AND NATURAL RESOURCES

TITLE VI–COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS

TITLE VII–COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

TITLE VIII–COMMITTEE ON INDIAN AFFAIRS

Analysis:  While reading the “debates” (actually political posturing statements), it sounds as if Republicans and Democrats are talking about two different bills.  Is this Act the greatest thing since sliced bread or a huge jump down the road to disaster?

Rep. John Yarmuth (D-Kentucky), the chair of the House Budget Committee and lead speaker on behalf of the Act, claimed:

“The Inflation Reduction Act will lower healthcare costs and energy costs for American families. It will allow Medicare to negotiate lower prescription drug prices and cap drug costs for seniors, saving many Medicare beneficiaries hundreds, if not thousands, of dollars each year….

“The Inflation Reduction Act is fiscally responsible, fully paid for, and has been strongly endorsed by top U.S. economists across the political spectrum.

“Not one American family making less than $400,000 a year will see their Federal tax bill increased by this legislation, not by a penny.”

“The Inflation Reduction Act is also the biggest investment the U.S. Government has ever made to combat climate change. It leapfrogs us ahead of nearly every other country in terms of our commitment to tackling this crisis.” [Emphasis added.]

Freedom First Society: Give us a break. Mr. Yarmuth is almost claiming the government can give us something for nothing. Actually, much of the Act is to be financed through deficit spending, which eventually will impact us all.

Rep. Yarmuth provided this blatant collectivist summation: “We will use the power of the Federal Government to make American lives better and our country and planet safer.”

Freedom First Society: As an aside, we deplore the common practice of combining multiple diverse topics into one measure.  This practice is designed to achieve consensus for unpopular parts by mixing the bad with the good.

For our further analysis, we will highlight some of the statements by representatives as recorded in the Congressional Record.

From the Congressional Record, House of Representatives (8-12-22) [Emphasis added]:

Rep. Jason Smith (R-Missouri), Ranking Republican on the House Budget Committee:

“When you strip away the fake sunset policies, this bill spends $745 billion and adds $146 billion to our debt. It adds $54 billion worth of debt just in the first 5 years, and 80 percent of their ‘budget deficits’ don’t even begin until after the year 2029….

“This bill is simple. It is welfare for the wealthy environmentalists and big corporations, paid for by increased taxes and audits on middle- and low-income taxpayers.”

Rep. Ben Cline (R-Virginia), member of the House Committee on Appropriations and the House Committee on the Budget:

“Even Bernie Sanders, a socialist who can come up with a million flawed excuses to spend your tax dollars, says he can’t find a way to even say this would reduce inflation one iota.”

Rep.  Bobby Scott (D-Virginia), chair House Education and Labor Committee:

“The bill will make the largest ever investment to address climate change. I am especially pleased with the bill’s provisions to turbocharge the development of offshore wind.”

Rep. Tom McClintock (R-California), member House Judiciary Committee:

 “Just as you cannot drink yourself sober, you cannot spend your way out of inflation, or tax yourself out of recession, or borrow your way out of debt. Yet, that is exactly what the Democrats claim they can do. What makes them think socialism will work any better here than everywhere else in the world that it has been tried?”

Freedom First Society:  Incredibly, Nevada Rep. Steven Horsford, a Democratic member of the House Budget Committee, seems to make exactly that claim:  “This Inflation Reduction Act is a historic downpayment on deficit reduction of approximately $300 billion to fight inflation.”

Rep. Bob Good (R-Virginia): member of the House Committee on Education and Labor and the House Committee on the Budget:

 “Mr. Speaker, the Democrats are determined to make inflation worse by continuing their disastrous policies that caused it in the first place. Do they not understand the concept of pouring gas on a fire?

“Beyond the reckless spending of nearly another trillion dollars on top of the $30 trillion national debt–there is no climate crisis. It is a hoax. This is the one crisis that even Democrats couldn’t create.

“They have been crying about the climate sky falling for 40 years now, predicting the world would end in 12 years. It is a lie.” [Emphasis added.]

Freedom First Society: Rep. Yarmuth couldn’t let that repudiation of the climate change crisis stand unchallenged.  His response defended the climate change crisis orthodoxy by equating bad weather, which has always been with us, with manmade climate change.

Rep. Yarmuth: “I cannot believe that I still heard from the other side today the hoax comment, that climate change is a hoax. You would think that as we watch what is going on in the world, while I watch what is going on in my State, when my citizens in eastern Kentucky were devastated by historic floods, when my citizens in western Kentucky were devastated by historic tornadoes, all of which scientists have said were exacerbated by climate change, that there are still people who deny that climate change exists.

Rep. Andrew Clyde (R-Georgia), member of the House Committee on Homeland Security:

“Now, I know the left can’t quite grasp the basics of high school biology, but it appears that they also need a lesson on the fundamentals of economics and basic math.

“But I don’t think they are interested in their much-needed schooling because their actions are intentional. Time and time again, the left proves their priorities lie with Big Government socialism, not the American people.”

Freedom First Society:  A great confusion was the repeated claim that the Act included money to hire 87,000 new IRS agents.  See the following three exchanges to see the reality.

(1) Rep. Mike Carey (R-Ohio), Member House Committee on the Budget: “Probably the biggest thing for me is the 87,000 new IRS agents. To folks back in Ohio, I just want to put this in a way that you can understand. That is 10,000 more people than live in the city of Parma. That is 17,000 more people that live in the city of Canton, 23,000 more than in Youngstown.

“This is not the Inflation Reduction Act. This is the audit America act.”

(2) Rep. Yarmuth: “Mr. Speaker, I want to respond one more time to these claims about 87,000 new IRS agents. The IRS has never made any announcement about plans to hire any number of agents. The Washington Post fact-checker has actually given that claim three Pinocchios.”

(3) Rep. Jason Smith (R-Missouri), Ranking Republican on the House Budget Committee: “I will point out to the chairman that his President’s budget outlined an additional $80 billion for the IRS. Highlighted in that budget he wanted 87,000 IRS agents. That is where the number is coming from, from your President, who provided a budget.

“I know in the Budget Committee, we have never had a hearing on budget for the last 3 1/2 years. That is probably why you didn’t know 87,000 auditors were in the President’s budget.”

California Representative Barbara Lee, a Democratic member of the House Budget Committee, tries to combine radical agendas: “Now, we know that lower-income communities and communities of color face the brunt of pollution and climate change.”

Rep. Byron Donalds (R-Florida):Mr. Speaker, I rise in opposition to this terrible bill because this terrible bill will increase the cost of energy on every hardworking American in the United States. “This bill actually calls for a doubling of the excise tax on oil and on gas, doubling of the royalties on oil and on gas.”

Rep. Louis Gohmert (R-Texas): “Madam Speaker, this is the bill, 728 pages, that we got from the Senate this week. Has anybody read it? “Come on. That is over a billion dollars average per page. That ain’t gold; that is fool’s gold.”

Rep. Brett Guthrie (R-Kentucky): “This bill drives a massive build-out of unreliable wind and solar power, not nuclear, not natural gas, and not baseload power.”

Rep. Buddy Carter (R-Georgia):

“Madam Speaker, I rise today in strong opposition to the inflation expansion act, which includes deeply troubling proposals that will kneecap medical innovation and harm patients’ access to cures.

“Madam Speaker, for 40 years, I was behind the counter. I was the one who had to tell the patient how much their prescription was going to be. I was the one who witnessed the senior citizens trying to make a decision between buying their medication or buying their groceries. I was the one who had to tell the mother how much the antibiotic was going to be and see her in tears trying to find the money to pay for that antibiotic. I know all too well about prescription drug prices.

“Today, I am behind the podium as my Democratic colleagues decide whether to mortgage those same patients’ health and well-being for a political win. This is immoral, and it must be stopped.

“The United States leads the world in medical innovation. I have watched it, and I have seen it as terminal illnesses became treatable with a simple pill. I have seen the relief on a patient’s face when they heard that a new treatment is available for their once incurable disease. This bill eradicates hope.

“Madam Speaker, we need to help lower drug prices and costs for patients, but this legislation goes about it in all the wrong ways.”

Freedom First Society: This bill started out in the House of Representatives last year as the Build Back Better Act, a frustratingly deceptive use of legislative vehicles.

Complete CRS Summary:

Shown Here: H.R. 5376 Inflation Reduction Act).
Passed Senate (08/07/2022)

TITLE I–COMMITTEE ON FINANCE

Subtitle A–Deficit Reduction

Part 1–Corporate Tax Reform

This bill imposes an alternative minimum tax of 15% of the average annual adjusted financial statement income of domestic corporations (excluding Subchapter S corporations, regulated investment companies, and real estate investment trusts) that exceeds $1 billion over a specified 3-year period. The tax is effective in taxable years beginning after December 31, 2022.

Part 2–Excise Tax on Repurchase of Corporate Stock

The bill imposes a 1% excise tax on the fair market value of stock repurchased by a domestic corporation after 2022, with certain exceptions.

Part 3–Funding the Internal Revenue Service and Improving Taxpayer Compliance

The bill provides additional funding for the Internal Revenue Service for taxpayer services and enforcement, including for operations support, business systems modernization, and the development of a free direct e-file tax return system. It also provides additional funding for the Department of the Treasury Inspector General for Tax Administration, the Office of Tax Policy, the Tax Court, and Treasury departmental offices.

Subtitle B–Prescription Drug Pricing Reform

Part 1–Lowering Prices Through Drug Price Negotiation

The bill requires the Centers for Medicare & Medicaid Services (CMS) to negotiate the prices of certain prescription drugs under Medicare beginning in 2026.

Specifically, the CMS must negotiate maximum prices for brand-name drugs that do not have other generic equivalents and that account for the greatest Medicare spending. The CMS must negotiate the prices of 10 drugs in 2026, 15 drugs in 2027 and 2028, and 20 drugs in 2029 and each year thereafter. Drug manufacturers that fail to comply with negotiation requirements are subject to civil penalties and excise taxes.

The bill provides funds for FY2022 for the CMS to implement this program.

Part 2–Prescription Drug Inflation Rebates

In addition, the bill requires drug manufacturers to issue rebates to the CMS for brand-name drugs without generic equivalents under Medicare that cost $100 or more per year per individual and for which prices increase faster than inflation. Manufacturers that fail to comply are subject to civil penalties.

The bill provides funds through FY2031 for the CMS to implement the rebate programs.

Part 3–Part D Improvements and Maximum Out-of-Pocket Cap for Medicare Beneficiaries

The bill eliminates beneficiary cost-sharing above the annual out-of-pocket spending threshold under the Medicare prescription drug benefit beginning in 2024 and caps annual out-of-pocket spending at $2,000 in 2025 (with annual adjustments thereafter). It also establishes a program under which drug manufacturers provide discounts to beneficiaries who have incurred costs above the annual deductible beginning in 2025.

The bill provides funds through FY2031 for the CMS to implement these changes and requirements.

The bill also establishes a process through which certain beneficiaries may have their monthly out-of-pocket costs capped and paid in monthly installments beginning in 2025; it provides funds for FY2023 for the CMS to implement this process.

Part 4–Continued Delay of Implementation of Prescription Drug Rebate Rule

The bill further delays until 2032 implementation of a Department of Health and Human Services rule relating to the treatment of certain Medicare prescription drug benefit rebates from drug manufacturers for purposes of federal anti-kickback laws.

Part 5–Miscellaneous

The bill establishes a series of additional programs and requirements relating to coverage under the Medicare prescription drug benefit and other programs.

For example, the bill eliminates cost-sharing under the Medicare prescription drug benefit for adult vaccines that are recommended by the Advisory Committee on Immunization Practices. It also requires coverage, without cost-sharing, of such vaccines under Medicaid and the Children’s Health Insurance Program (CHIP).

In addition, the bill caps cost-sharing under the Medicare prescription drug benefit for a month’s supply of covered insulin products at (1) for 2023 through 2025, $35; and (2) beginning in 2026, $35, 25% of the government’s negotiated price, or 25% of the plan’s negotiated price, whichever is less. The bill provides funds for FY2022 for the CMS to implement these provisions.

Subtitle C–Affordable Care Act Subsidies

The bill extends through 2025 certain adjustments and expansions of the premium tax credit, including to allow taxpayers with income above 400% of the federal poverty line to qualify for the credit.

Subtitle D–Energy Security

The bill modifies and extends through 2024 tax credits (1) for producing electricity from renewable resources, specifically for wind, biomass, geothermal and solar, landfill gas, trash, qualified hydropower, and marine and hydrokinetic resources; (2) for investment in certain energy properties (e.g., solar, fuel cells, waste energy recovery, combined heat and power, small wind property, and microturbine property); and (3) for alternative fuels and fuel mixtures, and biodiesel and renewable diesel.

The bill creates new tax credits for (1) qualifying zero-emission nuclear power produced and sold after 2023, (2) the sale or mixture of sustainable aviation fuel beginning in 2023, (3) the production of clean hydrogen, (4) the production of clean electricity and for investment in zero-emissions electricity generation facilities or energy storage technology, (5) domestic clean fuel production beginning in 2025, and (6) the domestic production and sale of qualifying solar and wind components.

The bill modifies and extends through 2032 (1) the tax credit for nonbusiness energy property and increases its rate to 30%, with certain limitations; (2) the new energy efficient home credit; and (3) the tax credit for alternate fuel refueling property expenditures.

The bill modifies requirements for the tax deduction for energy efficient commercial buildings.

The bill creates a new credit for commercial clean vehicles and modifies the refundable tax credit for the purchase of plug-in electric vehicles and previously-owned electric vehicles.

The bill permanently reinstates the Hazardous Substance Superfund financing rate for certain excise taxes, including the excise tax on domestic crude oil and imported petroleum products at the rate of 16.4 cents per barrel in 2023, adjusted annually for inflation.

The bill makes permanent the increased rate of the coal excise tax for funding the Black Lung Disability Trust Fund.

The bill increases the amount of the research tax credit that may be applied against the payroll tax liabilities of certain small businesses.

The bill reinstates the current suspension until 2025 of the tax deduction for state and local taxes and extends the limitation on excess business losses of noncorporate taxpayers.

TITLE II–COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY

Subtitle A–General Provisions

The bill provides funding to the Department of Agriculture (USDA) for a variety of programs related to conservation and renewable energy.

Subtitle B–Conservation

Specifically, the bill provides funding to USDA for voluntary conservation programs, such as the environmental quality incentives program, the conservation stewardship program, the agricultural conservation easement program, and the regional conservation partnership program.

It also provides funding to USDA’s Natural Resources Conservation Service for (1) conservation technical assistance; and (2) a program to quantify carbon sequestration and carbon dioxide, methane, and nitrous oxide emissions.

Subtitle C–Rural Development and Agricultural Credit

In addition, the bill provides funding to USDA for several programs, such as the Rural Energy for America Program, that support the generation, storage, and use of renewable energy in rural communities.

Subtitle D–Forestry

The bill also provides funding to USDA for the National Forest System, including funding for forest restoration, wildfire prevention, and related activities. Further, the bill provides funding to USDA for programs that award grants to owners of state or private forests for climate mitigation, forest resilience, or related activities.

TITLE III–COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS

The bill provides additional funding for the President to carry out activities under the Defense Production Act of 1950. That act confers on the President a broad set of authorities to influence domestic industry in order to provide essential materials and goods for the national defense.

In addition, the bill provides funding to the Department of Housing and Urban Development for loans and grants to fund projects that address affordable housing and climate change issues, such as projects designed to increase the energy or water efficiency of affordable housing.

TITLE IV–COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

The bill provides funding for coastal communities, coastal and marine habitats, weather forecasting, and aviation technology.

For example, the bill provides funding to the National Oceanic and Atmospheric Administration (NOAA), including funding for

  • coastal communities so they can prepare for extreme storms and other changing climate conditions,
  • NOAA facilities (e.g., fisheries laboratories and national marine sanctuaries facilities),
  • weather research and forecasting innovations, and
  • acquiring a hurricane hunter aircraft.

In addition, the bill provides funding to the Department of Transportation for a program that awards grants for projects that (1) produce, transport, blend, or store sustainable aviation fuel; or (2) develop, demonstrate, or apply low-emission aviation technologies.

TITLE V–COMMITTEE ON ENERGY AND NATURAL RESOURCES

Subtitle A–Energy

Part 1–General Provisions

The bill provides funding to the Department of Energy (DOE) for a variety of programs concerning energy rebates, energy efficiency in buildings, electric transmissions, advanced industrial facilities, and other energy matters.

Part 2–Residential Efficiency and Electrification Rebates

For example, the bill provides funding to DOE for a HOMES rebate program that awards grants to state energy offices. Under the program, states must provide rebates to homeowners and aggregators for certain whole-house energy saving retrofits made for low- and moderate-income households.

In addition, funding is provided to DOE for a high-efficiency electric home rebate program that awards grants to state energy offices and Indian tribes. Under the program, rebates must be given for qualified electrification projects in low- or moderate-income households.

Part 3–Building Efficiency and Resilience

The bill also provides funding to DOE for grants to states and local governments to adopt and implement building codes for (1) residential buildings that meet or exceed the 2021 International Energy Conservation Code, or (2) commercial buildings that meet or exceed the ANSI/ASHRAE/IES Standard 90.1–2019.

Part 4–DOE Loan and Grant Programs

The bill provides funding for specified DOE loan programs, including

  • certain loans issued under the Energy Policy Act of 2005;
  • loans for facilities that manufacture advanced vehicles that emit either a low amount of or no amount of greenhouse gas emissions; and
  • loans for the domestic production of efficient hybrid, plug-in electric hybrid, plug-in electric drive, and hydrogen fuel cell electric vehicles.

The bill also provides funding to support financing of energy infrastructure projects, including projects to replace nonoperational energy infrastructure or reduce the emissions of energy infrastructure.

Part 5–Electric Transmission

The bill provides funding to DOE for a program that provides loans for the construction or modification of electric transmission facilities that are located within a national interest electric transmission corridor. Further, DOE is authorized to make grants to facilitate the siting of interstate electricity transmission lines.

In addition, the bill provides funding to DOE for interregional and offshore wind electricity transmission planning, modeling, and analysis.

Part 6–Industrial

The bill also provides funding for DOE’s Office of Clean Energy Demonstrations to carry out the advanced industrial facilities deployment program. Under the program, the office must deploy advanced industrial technology to accelerate the reduction and elimination of greenhouse gas emissions at industrial facilities.

Part 7–Other Energy Matters

In addition, the bill provides funding for other energy matters, such as infrastructure projects for DOE’s national laboratories as well as efforts to increase the availability of high-assay low-enriched uranium, a fuel used in advanced nuclear reactors.

Subtitle B–Natural Resources

Part 1–General Provisions

The bill provides funding for natural resources, water supplies, the Office of Insular Affairs, leases to develop energy on federal land, and other related issues.

Part 2–Public Lands

The bill provides funding to the Department of Interior to carry out projects for (1) the conservation, protection, and resiliency of lands and resources administered by the National Park Service (NPS) and the Bureau of Land Management (BLM); and (2) conservation and ecosystem and habitat restoration projects on lands administered by the NPS and the BLM.

It also provides funding to the NPS to hire more employees and carry out priority deferred maintenance projects.

Part 3–Drought Response and Preparedness

The bill provides funding to the BLM for water supply projects, projects to cover water conveyance facilities with solar panels, and drought mitigation in western states.

Part 4–Insular Affairs

The bill provides funding to Interior’s Office of Insular Affairs. The office must use the funding to provide technical assistance for climate change planning, mitigation, adaptation, and resilience to United States Insular Areas (i.e., American Samoa, Northern Mariana Islands, Guam, Puerto Rico, and the U.S. Virgin Islands).

Part 5–Offshore Wind

The bill provides for the lease of federal land in the Outer Continental Shelf (OCS) for offshore wind development. Specifically, Interior may issue leases, easements, and rights-of-way in the OCS to produce, transport, store, or transmit energy from sources other than oil and gas (e.g., offshore wind energy sources) in land areas previously withdrawn from leasing.

The bill (1) expands the definition of the OCS to include land that is within the U.S. exclusive economic zone and adjacent to any territory of the United States, and (2) allows Interior to conduct wind lease sales that are in such areas if the leases meet specified criteria.

Part 6–Fossil Fuel Resources

In addition, the bill modifies several provisions related to oil and gas leasing on public lands. For example, it increases the minimum royalty rates for oil and gas leases on federal land as well as offshore land in the OCS. It also increases rental rates and minimum bidding standards for onshore oil and gas leases and establishes a new fee that must be paid by any person who nominates public lands for such leasing. Further, it requires royalties to be paid for methane gas extracted from federal lands, including offshore lands as specified by the bill.

Part 7–United States Geological Survey

The bill provides funding for the United States Geological Survey to produce, collect, disseminate, and use 3D elevation data.

Subtitle C–Environmental Reviews

The bill provides funding to DOE, the Federal Energy Regulatory Commission, and Interior for environmental reviews as specified under the bill.

TITLE VI–COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS

Subtitle A–Air Pollution

The bill provides funding to the Environmental Protection Agency (EPA) to establish a greenhouse gas reduction fund and to support several programs that provide financial incentives to reduce greenhouse gas emissions and other air pollution emissions. For example, the bill provides incentives to

  • replace eligible medium-duty vehicles (e.g., school buses) and heavy-duty vehicles (e.g., garbage trucks) with zero-emission vehicles,
  • purchase or install equipment and technology to reduce pollution at ports,
  • identify and reduce emissions from diesel engines,
  • monitor air pollution and greenhouse gases,
  • encourage states to adopt and implement greenhouse gas and zero-emission standards for mobile sources, and
  • reduce methane emissions from petroleum and natural gas systems.

The bill also provides funding to implement the renewable fuels programs and the American Innovation and Manufacturing Act.

Subtitle B–Hazardous Materials

In addition, the bill provides funding to the EPA for environmental and climate justice block grants that benefit disadvantaged communities.

Subtitle C–United States Fish and Wildlife Service

The bill provides funding to the United States Fish and Wildlife Service (USFWS) to develop and implement recovery plans for the conservation and survival of endangered species and threatened species.

It also provides funding to USFWS to rebuild and restore units of the National Wildlife Refuge System and state wildlife management areas by (1) addressing the threat of invasive species, (2) increasing the resiliency and capacity of habitats and infrastructure to withstand weather events, and (3) reducing the amount of damage caused by weather events.

Subtitle D–Council on Environmental Quality

The bill provides funding to the Council on Environmental Quality, including funding for (1) collecting data related to environmental and climate issues, (2) tracking disproportionate burdens and cumulative impacts, and (3) supporting efforts to ensure that any mapping or screening tool is accessible to community-based organizations and community members.

Subtitle E–Transportation and Infrastructure

This bill provides funding to the Federal Highway Administration and to the General Services Administration. Specifically, it provides funding to the Federal Highway Administration for the neighborhood access and equity grant program, the environmental review of transportation projects, and grants for the use of low-carbon construction materials and products on federally funded transportation projects.

In addition, it provides funding to the Federal Building Fund for (1) converting and constructing federal facilities to high-performance green buildings, (2) acquiring and installing low-carbon materials and products in the construction of federal buildings, and (3) emerging and sustainable technologies as well as related sustainability and environmental programs.

TITLE VII–COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

This bill provides funding for the oversight of this act as well as a variety of environmental programs, such as funding to

  • the Department of Homeland Security for implementing sustainability and environmental programs,
  • the U.S. Postal Service for purchasing zero-emission delivery vehicles and installing related infrastructure, and
  • the Federal Emergency Management Agency so it may provide assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act for costs associated with low-carbon building materials as well as incentives that encourage low-carbon and net-zero energy projects.

TITLE VIII–COMMITTEE ON INDIAN AFFAIRS

This bill provides funding to assist Indian tribes address climate change, including funding to

  • the Bureau of Indian Affairs and the Office of Native Hawaiian Relations for climate resilience and adaptation programs,
  • the Bureau of Indian Affairs for a tribal electrification program, and
  • the BLM for providing emergency drought relief to Indian tribes located in the western United States.

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