Bills

Bill Summary:  H.R. 1865, Further Consolidated Appropriations Act 2020, combines appropriations for eight of the 12 regular appropriations bills for the 2020 fiscal year (ending September 30, 2020).  The eight bills are: Agriculture, Rural Development, and FDA; Energy and Water Development (8% more than the FY 2019); Interior and Environment; Labor-HHS-Education; Legislative Branch; Military Construction and Veterans Affairs; State and Foreign Operations; and Transportation, Housing and Urban Development.

In addition, congressional leaders attached numerous legislative provisions to the spending package.

Analysis:   There are many glaring opportunities to cut back unconstitutional programs, starting, for example, with the federal expansions inaugurated under the Johnson administration, such as Housing and Urban Development.   Also the unconstitutional Department of Education established by President Jimmy Carter.

Energy and Water Development is a joke.  Since 1977 when President Jimmy Carter established the Department of Energy, the department has hampered realistic Energy Development (nuclear power and shale oil, as examples) in favor of investment in unrealistic low-energy substitutes.

Congressional leaders prefer hitting Congress with a last minute-appropriations package because they know that a return to regular order (votes on the 12 bills separately, and allowing amendments from the floor, would subject unconstitutional socialist spending to unwanted scrutiny.  Even worse, they attach subversive provisions that might not survive a separate vote.

One of the legislative provisions slipped into this Act extends the charter of the controversial U.S. Export-Import Bank for seven more years.   Contrary to its hype of advancing American interests, the Ex-Im Bank has a history of guaranteeing loans to help America’s enemies build up their manufacturing and industry.  Credible adversaries provide pretexts fort steps to Internationalist-controlled world government.

If Congress claims to be too busy to consider these measures individually on the floor, that would be just one more indication that the Federal government has become too big and invasive for even a Congress responsible to the people to manage.

Freshman Representative Chip Roy (R-Texas) voiced many of our objections to H.R. 1865 and the procedure for this and the other consolidated appropriations package during “consideration” of the measure (see excerpt below).

From the Congressional Record (House), December 17, 2019

Rep. Chip Roy (R-Texas), member Committee on the Budget:  “Mr. Speaker, I thank the gentleman from Oklahoma and the  gentleman from New York for yielding time, and I respect the amount of  work they have put into this legislation.   Mr. Speaker, I rise, without surprise to anyone in this room, in  opposition to the legislation.   I keep hearing this phrase: “this bill provides.” I keep hearing my  colleagues saying this. But this bill doesn’t provide anything. The  American people provide. This bill borrows, and it borrows at a time  when we can’t afford to borrow more.   Our Nation is $23 trillion in debt, now racking up more than $100 million of debt per hour.   We haven’t figured it all out yet, but it appears this bill spends  $50 billion more than 2019 spending levels. Don’t worry, everybody will  go back home and campaign on a balanced budget amendment that has no  prayer of passage.   This bill is filled with massive policy changes that we should debate  and vote on individually….

“The bill changes the tobacco age nationwide, turning federalism on  its head, with nary a whimper from Republicans who like to talk about  the 10th Amendment in speeches back home.  The bill extends the big giveaway to huge corporations like Boeing in  the form of Ex-Im for 7 years.   The bill funds bureaucrats who wish to target your Second Amendment rights.   It funds abortion through ObamaCare plans.   The biggest problem is, we haven’t read the bill.  Days like today, everyone declares bipartisanship. But in this  version of bipartisanship, it is the bipartisan smell of Christmas jet  fumes and everyone’s desire to get home fueling the worst kind of  bipartisanship, the kind that says: ‘To heck with it, keep spending  money we don’t have and leave it to our kids and grandkids to clean  up.’  No one has read the bill. It is a massive, unreadable, 2,313-page  bill filled with government-expanded goodies and spending, and it was  dropped on us yesterday afternoon at 4:30 p.m. My staff got their first  look at 4:30.   The bill is a blatant violation of the House’s 72-hour rule, a pretty  weak rule requiring that we have at least 72 hours to review  legislation — everyone back home is saying, ‘Are you kidding me?’ — in  this case, 2,300 pages….

“The President, last spring, about a massive omnibus, said: ‘I will  never sign another bill like this again. I’m not going to do it again.  Nobody read it. It’s only hours old. Some people don’t even know what  is in it.’ It was $1.3 trillion, the second largest ever.   Mr. President, I look forward to your veto.”

Freedom First Society:  Unfortunately, Rep. Roy and the nation did not get President Trump’s veto.  We invite you, however, to check out the encouraging voting record of Rep. Roy on our scorecard.

Bill Summary:  H.R. 1865, Further Consolidated Appropriations Act 2020, combines appropriations for eight of the 12 regular appropriations bills for the 2020 fiscal year (ending September 30, 2020).  The eight bills are: Agriculture, Rural Development, and FDA; Energy and Water Development (8% more than the FY 2019); Interior and Environment; Labor-HHS-Education; Legislative Branch; Military Construction and Veterans Affairs; State and Foreign Operations; and Transportation, Housing and Urban Development.

In addition, congressional leaders attached numerous legislative provisions to the spending package.

Analysis:   There are many glaring opportunities to cut back unconstitutional programs, starting, for example, with the federal expansions inaugurated under the Johnson administration, such as Housing and Urban Development.   Also, the unconstitutional Department of Education established by President Jimmy Carter.

Energy and Water Development is a joke.  Since 1977 when President Jimmy Carter established the Department of Energy, the department has hampered realistic energy development (nuclear power and shale oil, as examples) in favor of investment in unrealistic low-energy substitutes.

Congressional leaders prefer hitting Congress with a last minute-appropriations package because they know that a return to regular order (votes on the 12 bills separately, and allowing amendments from the floor, would subject unconstitutional socialist spending to unwanted scrutiny.  Even worse, they attach subversive provisions that might not survive a separate vote.

One of the legislative provisions slipped into this Act extends the charter of the controversial U.S. Export-Import Bank for seven more years.  Contrary to its hype of advancing American interests, the Ex-Im Bank has a history of guaranteeing loans to help America’s enemies build up their manufacturing and industry.  The existence of credible adversaries provides pretexts for steps to Internationalist-controlled world government.

If Congress claims to be too busy to consider these measures individually on the floor, that would be just one more indication that the Federal government has become too big and invasive for even a Congress responsible to the people to manage.

Freshman Representative Chip Roy (R-Texas) voiced many of our objections to H.R. 1865 and the procedure for this and the other consolidated appropriations package during “consideration” of the measure (see House Roll Call 689, 12-17-19).

We present here the remarks of two Republican Senators on opposite sides of the fence with regard to this legislation.   We begin with Senator Susan Collins (R-Maine), who provides her support for one of the most outrageous of the eight regular appropriation measures in the package.  The Housing and Urban Development Department is a great example of unconstitutional federal overreach that began with the Lyndon Johnson administration.

The federal government has no constitutional authority to involve itself with “rental assistance for low-income  seniors, homeless youths, and other vulnerable populations.”  Nor should it concern itself with lead paint in homes.

From the Congressional Record Senate, 12-19-19

Senator Susan Collins (R-Maine), member Senate Committee on Appropriations:  “Madam President, I rise today in support of the fiscal  year 2020 Appropriations bill for the Departments of Transportation,  Housing and Urban Development, and Related Agencies. This bill is  included in the appropriations package that is before this Chamber.   Let me begin my remarks by thanking Chairman Shelby and Vice Chairman  Leahy for their bipartisan leadership in successfully finishing the  conference and advancing all of these appropriations bills to the  Senate floor.   I also want to acknowledge the hard work and strong commitment of my friend and colleague Senator Jack Reed, the ranking member of the T-HUD  Subcommittee. We have worked closely together in negotiating this bill and have crafted a truly bipartisan product.

“The fiscal year 2020 transportation and housing appropriations bill  provides $74.3 billion to continue to improve our Nation’s infrastructure and maintain HUD rental assistance for low-income  seniors, homeless youths, and other vulnerable populations….

“Another important issue, particularly to Senator Reed and me, is  reducing lead paint in homes. That is of particular health concern to  families with children under the age of 6. The bill provides $290  million to combat lead hazards, a historic level of funding…. These grants will help communities protect children  from the harmful lifelong effects of lead poisoning.”

Freedom First Society:   Next, Senator Mike Enzi, Chairman of the Senate Committee on the Budget, raised an eloquent objection not only to the rushed process, but also to the out-of-control spending itself:

Senator Mike Enzi (R-Wyoming):  “Madam President, I rise to raise a point of order on the  Further Consolidated Appropriations Act of 2020, which provides funding  for eight appropriations subcommittees and includes numerous tax and  healthcare provisions and other new legislation called  ‘authorizations.’’ That is code for bills that haven’t been debated on the Senate floor. These are Christmas presents for everyone, all put on  the Federal credit card, which is overspent already.

“This legislation was unveiled Monday afternoon and totals more than  1,800 pages, and here we are on Thursday, with just hours to go before  a government shutdown, being asked to vote on a bill that has not been  subject to amendment or debate and that the Congressional Budget Office  tells us will increase deficits by more than $400 billion over the next  10 years. Actually, by the time you add in interest costs to this debt,  it is half a trillion in 10 years and $2.1 trillion on 20 years. That  is according to the Committee for Responsible Federal Budget, which  added in that interest. They added it up. So that will be half a  trillion dollars of new overspending in one vote, and what makes it so  expensive is that we are trying to do something here to buy everybody’s vote.

“This bill completely bypassed regular order and violates nearly all the Senate self-imposed budget rules with its billions of dollars in  giveaways and tax policy changes. We are legislating on funding bills. Legislation is supposed to be scrutinized differently, especially if  they pay out real money.

“I will remind my colleagues that our national debt stands at just  over $23 trillion, and the Congressional Budget Office tells us that  the Federal deficits are already on track to exceed $1 trillion this  year and every year thereafter. That is besides this $2.1 trillion add-on.   We should be talking about how to address the budgetary mess we are in, not pressing the gas on an unsustainable fiscal trajectory, which  is exactly what this bill does. We are making promises that can’t be fulfilled….

“This  is the second time this week that I have come to the floor to raise a  point of order against legislation that violates the budget. But to be  fair, from a budget perspective, this bill is exponentially worse than the Defense authorization bill we considered earlier this year. It is at least 50 times worse.  I oppose this legislation. I oppose adding to the already massive debt burden being placed on future generations.

“The pending measure, the House amendment to the Senate amendment to  H.R. 1865, the Further Consolidated Appropriations Act of 2020, would  cause a deficit increase of more than $5 billion in each of the four consecutive 10-year periods beginning in fiscal year 2030. This  increase violates section 3101 of the 2016 budget resolution. Therefore, I raise a point of order under section 3101(b) of S. Con.  Res. 11, the concurrent resolution on the budget for fiscal year 2016.   I have been here long enough to know that you will now hear a list of  wonderful things that are on this bill. You will not hear how to pay  for all of these Christmas presents. I yield the floor.

Freedom First Society:  The Senate immediately addressed  Senator Enzi’s point of order by voting to waive all applicable Senate requirements (3/5 vote required) (Senate Vote 314).  Senator Richard Shelby, Chairman of the Senate Appropriations Committee, made the motion.  His successful motion (see next) was immediately followed by a vote to concur in the House amendment — the Senate vote 415 we are scoring — concluding the matter.

Senator Richard Shelby (R-Alabama):  “Madam President, pursuant to section 904 of the  Congressional Budget Act of 1974 and the waiver provisions of  applicable budget resolutions, I move to waive all applicable sections of that act and applicable budget resolutions for purposes of consideration of the message to accompany H.R. 1865, and I ask for the  yeas and nays.”

Analysis:  Several pretexts supported the renewed drive for federal land acquisition in recent decades, such as the UN’s Convention on Biodiversity developed at the 1992 UN “Earth Summit” in Rio de Janeiro.  As such, this drive for unconstitutional federal land acquisition supports two points of the plan laid out in Marx’s Communist Manifesto to build total government:

Point 1. “Abolition of private property and land and application of all rents of land to public purposes”;

Point 9. “Combination of agriculture with manufacturing industries; gradual abolition of the distinction between town and country by a more equitable distribution of population over the country.”

Senator Lee does not address the revolutionary agenda and forces behind the drive.  Here he speaks only of the alarming result.

From the Congressional Record (10-31-19) [Emphasis added]:

Senator Mike Lee (R-Utah):
“Mr. President, there is no doubt that we are blessed with beautiful, useful, and productive lands in our Nation. And there is no doubt that some of them should be preserved as what they are, which happen to be national treasures. But, unfortunately, the Federal  Government owns far too much land. It owns far more of these Federal public lands than it should own and far more of these lands than it can possibly take care of.   Let’s take a look at this map, for example….

“Notice, by the way, that in every State east of Colorado, the Federal Government owns less than 15 percent of the  land — in most States, significantly less. In every State west of  Colorado, the Federal Government owns more than 15 percent of the land, and in many cases, a whole lot more than 15 percent.

“The sheer volume of land that it owns is nothing short of staggering.  In fact, the Federal Government owns 640 million acres of land. This is a total larger than the entireties of France, Spain, Germany, Poland,  Italy, the United Kingdom, Austria, Switzerland, and the Netherlands combined. That is how much land the Federal Government owns just in America.  With such a vast estate, it is no wonder that there is currently a $19.38 billion maintenance backlog on those lands. Of that backlog, $11.92 billion is on lands owned and managed by just the National Park Service. In fact, there are National Park Service backlogs in every single State in the country, as this map demonstrates….

“The backlog for the parks in Rhode Island is just under $1 million. But at the other end of the  spectrum, California alone has a whopping $1.8 billion maintenance backlog just on its national parks alone. That is in just one State.  What does that mean? That means the damage from wildfires, ill-kept  roads and trails, and neglected facilities have actually kept citizens from accessing our national treasures — national treasures like Yosemite and Yellowstone, our National Mall and the Grand Canyon…..

“All the while, Washington continues to purchase ever more  land, so the maintenance backlog continues to grow.   This must not continue….

“If we continue on this path, we will only do greater  disservice to our citizens and to the lands themselves.  That is why I have introduced an amendment that would stop the Federal Government’s use of taxpayer dollars to acquire more lands in the next year. Specifically, it would prevent the money currently going to the Land and Water Conservation Fund, the Range Improvement Funds, the Fish and Wildlife Service, and the National Park Service from being used to acquire new lands that the Federal Government cannot properly care for.  It is important, when describing a piece of legislation — in this  case, an amendment to another piece of legislation — to explain both what it does and what it does not do. Let me be very clear in telling you what this amendment does not do. This amendment would not reduce the dollar amount being given to any of these programs — not one of them, not by one dollar. It would simply reauthorize the money to ensure that it is being used to care for the lands we already own and lands that need to be cared for so desperately….

“Voting against this amendment means you are willing to have the  gluttonous Federal Government continue to acquire more land, even while  it refuses to and professes itself to be utterly incapable of maintaining the land it has.”

Freedom First Society:  New Mexico Senator Tom Udall spoke in opposition to the Lee amendment.  Tom Udall’s father, Stewart Udall was Secretary of the Interior during the Kennedy-Johnson administrations.  Stewart Udall played a central role in the enactment of the Wilderness Act of 1964 and the establishment of the Land and Water Conservation Fund.

Senator Tom Udall (D-New Mexico):
“Mr. President, I rise to oppose the Lee amendment and efforts to undermine the Land and Water Conservation Fund. This amendment would  prohibit the Department of Interior from using land and water conservation funds to acquire Federal lands and waters. The underlying bill actually increases funding for the Land and Water Conservation Fund by $30 million, and it does so with deep bipartisan  support from a majority of Senators. The crucial point here is that this bill passed the Appropriations Committee 31 to 0, so this is a broadly supported program and a broadly supported bill.”

Analysis:  Several pretexts supported the renewed drive for federal land acquisition in recent decades, such as the UN’s Convention on Biodiversity developed at the 1992 UN “Earth Summit” in Rio de Janeiro.  As such, this drive for unconstitutional federal land acquisition supports two points of the plan laid out in Marx’s Communist Manifesto to build total government:

Point 1. “Abolition of private property and land and application of all rents of land to public purposes”;

Point 9. “Combination of agriculture with manufacturing industries; gradual abolition of the distinction between town and country by a more equitable distribution of population over the country.”

Senator Lee does not address the revolutionary agenda and forces behind the drive.  Here he speaks only of the alarming result.

From the Congressional Record (10-31-19) [Emphasis added]:

Senator Mike Lee (R-Utah):
“Mr. President, there is no doubt that we are blessed with beautiful, useful, and productive lands in our Nation. And there is no doubt that some of them should be preserved as what they are, which happen to be national treasures. But, unfortunately, the Federal  Government owns far too much land. It owns far more of these Federal public lands than it should own and far more of these lands than it can possibly take care of.   Let’s take a look at this map, for example….

“Notice, by the way, that in every State east of Colorado, the Federal Government owns less than 15 percent of the  land — in most States, significantly less. In every State west of  Colorado, the Federal Government owns more than 15 percent of the land, and in many cases, a whole lot more than 15 percent.

“The sheer volume of land that it owns is nothing short of staggering.  In fact, the Federal Government owns 640 million acres of land. This is a total larger than the entireties of France, Spain, Germany, Poland,  Italy, the United Kingdom, Austria, Switzerland, and the Netherlands combined. That is how much land the Federal Government owns just in America.  With such a vast estate, it is no wonder that there is currently a $19.38 billion maintenance backlog on those lands. Of that backlog, $11.92 billion is on lands owned and managed by just the National Park Service. In fact, there are National Park Service backlogs in every single State in the country, as this map demonstrates….

“The backlog for the parks in Rhode Island is just under $1 million. But at the other end of the  spectrum, California alone has a whopping $1.8 billion maintenance backlog just on its national parks alone. That is in just one State.  What does that mean? That means the damage from wildfires, ill-kept  roads and trails, and neglected facilities have actually kept citizens from accessing our national treasures — national treasures like Yosemite and Yellowstone, our National Mall and the Grand Canyon…..

“All the while, Washington continues to purchase ever more  land, so the maintenance backlog continues to grow.   This must not continue….

“If we continue on this path, we will only do greater  disservice to our citizens and to the lands themselves.  That is why I have introduced an amendment that would stop the Federal Government’s use of taxpayer dollars to acquire more lands in the next year. Specifically, it would prevent the money currently going to the Land and Water Conservation Fund, the Range Improvement Funds, the Fish and Wildlife Service, and the National Park Service from being used to acquire new lands that the Federal Government cannot properly care for.  It is important, when describing a piece of legislation — in this  case, an amendment to another piece of legislation — to explain both what it does and what it does not do. Let me be very clear in telling you what this amendment does not do. This amendment would not reduce the dollar amount being given to any of these programs — not one of them, not by one dollar. It would simply reauthorize the money to ensure that it is being used to care for the lands we already own and lands that need to be cared for so desperately….

“Voting against this amendment means you are willing to have the  gluttonous Federal Government continue to acquire more land, even while  it refuses to and professes itself to be utterly incapable of maintaining the land it has.”

Freedom First Society:  New Mexico Senator Tom Udall spoke in opposition to the Lee amendment.  Tom Udall’s father, Stewart Udall was Secretary of the Interior during the Kennedy-Johnson administrations.  Stewart Udall played a central role in the enactment of the Wilderness Act of 1964 and the establishment of the Land and Water Conservation Fund.

Senator Tom Udall (D-New Mexico):
“Mr. President, I rise to oppose the Lee amendment and efforts to undermine the Land and Water Conservation Fund. This amendment would  prohibit the Department of Interior from using land and water conservation funds to acquire Federal lands and waters. The underlying bill actually increases funding for the Land and Water Conservation Fund by $30 million, and it does so with deep bipartisan  support from a majority of Senators. The crucial point here is that this bill passed the Appropriations Committee 31 to 0, so this is a broadly supported program and a broadly supported bill.”

Bill Summary of the Senate amended H.R. 3055
(provided by the Congressional Research Services).
Shown Here:
Passed Senate (10/31/2019)
Commerce, Justice, Science, Agriculture, Rural Development, Food and Drug Administration, Interior, Environment, Transportation, and Housing and Urban Development Appropriations Act, 2020

This bill provides FY2020 appropriations for several federal departments and agencies. It includes 4 of the 12 regular FY2020 appropriations bills:

• the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2020;
• the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2020;
• the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2020; and
• the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2020.

The departments and agencies funded in the bill include

• the Department of Commerce;
• the Department of Justice;
• science-related agencies, including the National Aeronautics and Space Administration (NASA);
• the Department of Agriculture;
• the Food and Drug Administration;
• the Department of the Interior;
• the Environmental Protection Agency;
• the Forest Service;
• the Department of Transportation;
• the Department of Housing and Urban Development; and
• several additional related and independent agencies.

The bill also specifies restrictions and requirements for using funds provided by this and other appropriations Acts.

Analysis:  The work of the Appropriations subcommittees and amendments in this bill was temporarily abandoned when H.R. 3055 was transformed into a continuing resolution a few weeks later.   So there will be more votes on these four appropriation areas down the road.   However, the vote on this amended measure shows the Senate’s socialist bent.  We comment following each of two supporting excerpts from the Congressional Record.

From the Congressional Record (10-30-19) [Emphasis added]: 

Senator Susan Collins (R-Maine), member Senate Committee on Appropriations:
“Mr. President, I am about to offer the managers’ package for the four appropriations bills currently before us: Commerce, Justice, Science, Agriculture, Interior and the Transportation,  Housing, and Urban Development bill. This managers’ package includes 45 amendments, many of which — indeed, most of which — have been offered on a bipartisan basis. They have been cleared by both sides…. It is imperative that we move  these bills and go to conference with the House.”

Freedom First Society:   Bipartisan compromise with socialists should not be extolled as a virtue.  What the America people need in Congress is the backbone to reverse the ongoing rush to stifling, socialist big-government that will extinguish our freedoms.  Whether “imperative” or not, both the House and Senate agreed to transform this bill into a further Continuing Resolution, which became law on November 21.

When the House-Senate conference committees do finally agree on the 12 appropriations bills, we can guarantee that there will be no effort to roll back unconstitutional spending.  Instead, Congress will seek to appropriate to the limits of the irresponsible Bipartisan Budget Act of 2019 (see our scorecard for House Roll Call 511, 7-25-19).  This has to change.  Only better informed voters can make it happen (so share this scorecard and introduce others to Freedom First Society).

From the Congressional Record (10-31-19) [Emphasis added]:

Senator Patrick Leahy (D-Vermont), vice-chairman Committee on Approprations:
“Madam President, I see my friend, the senior Senator from Alabama, on the floor. I want to offer my praise for him because we are going to vote on final passage of the fiscal year 2020 Senate Commerce, Justice, and Science appropriations bill, the Agriculture  appropriations bill, the Interior appropriations bill, and the Transportation, Housing and Urban Development appropriations bill. I urge all Members to vote aye.   These are good, bipartisan bills. They show that despite whatever political atmosphere we operate in, the Appropriations Committee can put partisan politics aside and do our work on behalf of the American people. These bills make responsible investments that build on what we were able to accomplish in fiscal year 2019 while strongly rejecting the shortsighted cuts the Trump administration proposed. They back up our commitment to invest in rural communities and farms, law enforcement, and the environment.”

Freedom First Society: As an aside, note Senator Leahy’s introductory observation about noticing Senator Shelby on the floor.   Unfortunately, it seems that today when a complex measure is introduced on the floor, many reps and senators are not present until called for the vote.  The senators have already decided whether or not to ratify the work of the subcommittees and their minds are little affected by these shallow campaign statements.

It would be great if most congressmen and senators were driven to “work on behalf of the American people.”  Such is definitely not the case in their drive to get reelected.  Senator Leahy’s comment about “our commitment to invest in rural communities and farms …” displays a dangerous, but common disregard for the proper role of the federal government, as limited by the U.S. Constitution.  In Senator Leahy’s view, amplified by much of today’s media, the role of the states is merely to serve the federal government — a massive federal power grab that desperately needs to be reversed.

Bill Summary of the Senate amended H.R. 3055
(provided by the Congressional Research Services).
Shown Here:
Passed Senate (10/31/2019)
Commerce, Justice, Science, Agriculture, Rural Development, Food and Drug Administration, Interior, Environment, Transportation, and Housing and Urban Development Appropriations Act, 2020

This bill provides FY2020 appropriations for several federal departments and agencies. It includes 4 of the 12 regular FY2020 appropriations bills:

• the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2020;
• the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2020;
• the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2020; and
• the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2020.

The departments and agencies funded in the bill include

• the Department of Commerce;
• the Department of Justice;
• science-related agencies, including the National Aeronautics and Space Administration (NASA);
• the Department of Agriculture;
• the Food and Drug Administration;
• the Department of the Interior;
• the Environmental Protection Agency;
• the Forest Service;
• the Department of Transportation;
• the Department of Housing and Urban Development; and
• several additional related and independent agencies.

The bill also specifies restrictions and requirements for using funds provided by this and other appropriations Acts.

Analysis:  The work of the Appropriations subcommittees and amendments in this bill was temporarily abandoned when H.R. 3055 was transformed into a continuing resolution a few weeks later.   So there will be more votes on these four appropriation areas down the road.   However, the vote on this amended measure shows the Senate’s socialist bent.  We comment following each of two supporting excerpts from the Congressional Record.

From the Congressional Record (10-30-19) [Emphasis added]: 

Senator Susan Collins (R-Maine), member Senate Committee on Appropriations:
“Mr. President, I am about to offer the managers’ package for the four appropriations bills currently before us: Commerce, Justice, Science, Agriculture, Interior and the Transportation,  Housing, and Urban Development bill. This managers’ package includes 45 amendments, many of which — indeed, most of which — have been offered on a bipartisan basis. They have been cleared by both sides…. It is imperative that we move  these bills and go to conference with the House.”

Freedom First Society:   Bipartisan compromise with socialists should not be extolled as a virtue.  What the America people need in Congress is the backbone to reverse the ongoing rush to stifling, socialist big-government that will extinguish our freedoms.  Whether “imperative” or not, both the House and Senate agreed to transform this bill into a further Continuing Resolution, which became law on November 21.

When the House-Senate conference committees do finally agree on the 12 appropriations bills, we can guarantee that there will be no effort to roll back unconstitutional spending.  Instead, Congress will seek to appropriate to the limits of the irresponsible Bipartisan Budget Act of 2019 (see our scorecard for House Roll Call 511, 7-25-19).  This has to change.  Only better informed voters can make it happen (so share this scorecard and introduce others to Freedom First Society).

From the Congressional Record (10-31-19) [Emphasis added]:

Senator Patrick Leahy (D-Vermont), vice-chairman Committee on Approprations:
“Madam President, I see my friend, the senior Senator from Alabama, on the floor. I want to offer my praise for him because we are going to vote on final passage of the fiscal year 2020 Senate Commerce, Justice, and Science appropriations bill, the Agriculture  appropriations bill, the Interior appropriations bill, and the Transportation, Housing and Urban Development appropriations bill. I urge all Members to vote aye.   These are good, bipartisan bills. They show that despite whatever political atmosphere we operate in, the Appropriations Committee can put partisan politics aside and do our work on behalf of the American people. These bills make responsible investments that build on what we were able to accomplish in fiscal year 2019 while strongly rejecting the shortsighted cuts the Trump administration proposed. They back up our commitment to invest in rural communities and farms, law enforcement, and the environment.”

Freedom First Society: As an aside, note Senator Leahy’s introductory observation about noticing Senator Shelby on the floor.   Unfortunately, it seems that today when a complex measure is introduced on the floor, many reps and senators are not present until called for the vote.  The senators have already decided whether or not to ratify the work of the subcommittees and their minds are little affected by these shallow campaign statements.

It would be great if most congressmen and senators were driven to “work on behalf of the American people.”  Such is definitely not the case in their drive to get reelected.  Senator Leahy’s comment about “our commitment to invest in rural communities and farms …” displays a dangerous, but common disregard for the proper role of the federal government, as limited by the U.S. Constitution.  In Senator Leahy’s view, amplified by much of today’s media, the role of the states is merely to serve the federal government — a massive federal power grab that desperately needs to be reversed.

Bill Summary (excerpted from the Congressional Research Services Summary):

Shown Here:
Senate agreed to House amendment (11/21/2019)

Further Continuing Appropriations Act, 2020, and Further Health Extenders Act of 2019 

This bill provides continuing FY2020 appropriations to federal agencies through December 20, 2019, and extends several expiring health programs.

It is known as a continuing resolution (CR) and prevents a government shutdown that would otherwise occur if the FY2020 appropriations bills have not been enacted when the existing CR expires after November 21, 2019.

The CR funds most programs and activities at the FY2019 levels with several exceptions that provide funding flexibility and additional appropriations to various programs, including

• the 2020 Census,
• the Indian Health Service,
• Ebola preparedness and response activities,
• the Commodity Supplemental Food Program, and
• the Payment in Lieu of Taxes program.

The bill temporarily extends several authorities and programs, including

• several public health, Medicare, and Medicaid authorities and programs;
• the Temporary Assistance for Needy Families (TANF) program and related programs;
• certain provisions of the Foreign Intelligence Surveillance Act;
• the National Flood Insurance Program;
• several authorities related to immigration;
• the Calfed Bay-Delta Authorization Act;
• the National Advisory Committee on Institutional Quality and Integrity;
• the Export-Import Bank of the United States; and
• the U.S. Commission on International Religious Freedom.

The bill also provides a pay raise for the military, repeals a rescission of state highway funding, and modifies the U.S. Victims of State Sponsored Terrorism Fund.

Freedom First Society Analysis:  The Senate went along with this House-proposed CR extension without any debate – pro or con.   Senator Rand Paul was allowed to propose an amendment, which was immediately tabled. Then Senate Majority Leader Mitch McConnell (R-KY) asked for a vote on cloture to end the debate that had never started:  “I move to concur in the House amendment to the Senate  amendment to H.R. 3055.  [Cloture Motion]    I send a cloture motion to the desk for the motion to concur.”

The cloture motion passed 75 to 19, so the Presiding Officer announced:  “Under the previous order, all postcloture time is yielded back.   The question is on agreeing to the motion to concur [this Senate Vote 365].”

The Proper Course

If a majority of representatives, backed by informed constituents, were truly determined to roll back unconstitutional spending, the House could even today use its power of the purse without letting the big-spending socialists gain the upper hand.  The essential tactic is for the House to vote on the 12 appropriations bills independently (regular order) and then insist that the Senate deal with each.  A determined Senate could also force regular order by refusing to consider any aggregated House appropriations measures.

Even CR’s could apply to individual appropriation bills.  They should especially not include House bills already passed much earlier.

We agree with Kentucky Representative Thomas Massie, who voted against a May 2017 omnibus spending package.  After the vote, he explained what could be done, if informed voters supplied Congress with the needed backbone:

“House Leadership and the media have led the public to believe that passing one giant omnibus every year, at the last minute, is a legitimate way to fund the government and that anything else will result in a total government shutdown. Both are false. We should write, debate, amend, and pass 12 separate appropriations bills as the law prescribes, so that if any one bill fails to pass, only 1/12th of the Federal government shuts down.”

And even when not in the majority, the principled course for a Congressman is to vote no on bills where there is no effort to roll back stifling unconstitutional spending, and in particular to insist on regular order by voting no on all consolidated spending bills.

Again, for further explanation of what’s wrong with these continuing resolutions and with their supporting arguments, please read our analysis of the earlier CR, House Roll Call 538 (9-19-19).

Bill Summary (excerpted from the Congressional Research Services Summary):

Shown Here:
Senate agreed to House amendment (11/21/2019)

Further Continuing Appropriations Act, 2020, and Further Health Extenders Act of 2019 

This bill provides continuing FY2020 appropriations to federal agencies through December 20, 2019, and extends several expiring health programs.

It is known as a continuing resolution (CR) and prevents a government shutdown that would otherwise occur if the FY2020 appropriations bills have not been enacted when the existing CR expires after November 21, 2019.

The CR funds most programs and activities at the FY2019 levels with several exceptions that provide funding flexibility and additional appropriations to various programs, including

• the 2020 Census,
• the Indian Health Service,
• Ebola preparedness and response activities,
• the Commodity Supplemental Food Program, and
• the Payment in Lieu of Taxes program.

The bill temporarily extends several authorities and programs, including

• several public health, Medicare, and Medicaid authorities and programs;
• the Temporary Assistance for Needy Families (TANF) program and related programs;
• certain provisions of the Foreign Intelligence Surveillance Act;
• the National Flood Insurance Program;
• several authorities related to immigration;
• the Calfed Bay-Delta Authorization Act;
• the National Advisory Committee on Institutional Quality and Integrity;
• the Export-Import Bank of the United States; and
• the U.S. Commission on International Religious Freedom.

The bill also provides a pay raise for the military, repeals a rescission of state highway funding, and modifies the U.S. Victims of State Sponsored Terrorism Fund.

Freedom First Society Analysis:  The Senate went along with this House-proposed CR extension without any debate – pro or con.   Senator Rand Paul was allowed to propose an amendment, which was immediately tabled. Then Senate Majority Leader Mitch McConnell (R-KY) asked for a vote on cloture to end the debate that had never started:  “I move to concur in the House amendment to the Senate  amendment to H.R. 3055.  [Cloture Motion]    I send a cloture motion to the desk for the motion to concur.”

The cloture motion passed 75 to 19, so the Presiding Officer announced:  “Under the previous order, all postcloture time is yielded back.   The question is on agreeing to the motion to concur [this Senate Vote 365].”

The Proper Course

If a majority of representatives, backed by informed constituents, were truly determined to roll back unconstitutional spending, the House could even today use its power of the purse without letting the big-spending socialists gain the upper hand.  The essential tactic is for the House to vote on the 12 appropriations bills independently (regular order) and then insist that the Senate deal with each.  A determined Senate could also force regular order by refusing to consider any aggregated House appropriations measures.

Even CR’s could apply to individual appropriation bills.  They should especially not include House bills already passed much earlier.

We agree with Kentucky Representative Thomas Massie, who voted against a May 2017 omnibus spending package.  After the vote, he explained what could be done, if informed voters supplied Congress with the needed backbone:

“House Leadership and the media have led the public to believe that passing one giant omnibus every year, at the last minute, is a legitimate way to fund the government and that anything else will result in a total government shutdown. Both are false. We should write, debate, amend, and pass 12 separate appropriations bills as the law prescribes, so that if any one bill fails to pass, only 1/12th of the Federal government shuts down.”

And even when not in the majority, the principled course for a Congressman is to vote no on bills where there is no effort to roll back stifling unconstitutional spending, and in particular to insist on regular order by voting no on all consolidated spending bills.

Again, for further explanation of what’s wrong with these continuing resolutions and with their supporting arguments, please read our analysis of the earlier CR, House Roll Call 538 (9-19-19).

Bill Summary (excerpted from the Congressional Research Services Summary):
Shown Here:
Passed House (09/19/2019)
Continuing Appropriations Act, 2020, and Health Extenders Act of 2019 

This bill provides FY2020 continuing appropriations to federal agencies through November 21, 2019.

It is known as a continuing resolution (CR) and prevents a government shutdown that would otherwise occur when FY2020 begins on October 1, 2019, if the 12 regular appropriations bills that fund the federal government for FY2020 have not been enacted.

The CR funds most projects and activities at the FY2019 levels with several exceptions that provide funding flexibility and additional appropriations to various programs.

Additionally, the CR extends several programs that are scheduled to expire at the end of FY2019, including

• several health programs,
• the National Flood Insurance Program,
• the Temporary Assistance for Needy Families (TANF) program and related programs,
• several authorities related to immigration,
• the Calfed Bay-Delta Authorization Act,
• the Department of Education’s National Advisory Committee on Institutional Quality and Integrity,
• the Export-Import Bank of the United States, and
• the U.S. Commission on International Religious Freedom.

The bill also includes a provision that permits the Department of Agriculture to continue making payments to farmers affected by retaliatory tariffs by accelerating reimbursements to the Commodity Credit Corporation for certain net realized losses sustained in FY2019.

Freedom First Society Analysis:   Thankfully,16 GOP senators voted against this resolution to continue appropriations at current levels through November 21.  However, regardless of their individual reasons, our strong objection is that the extension was not designed to buy time to roll back unconstitutional spending.  No such effort was underway.  (Instead, the plan is to spend to the new bipartisan budget caps.)

Until there are plans to implement the critical rollback of unconstitutional programs and spending, no senator or representative should approve anysignificant appropriations measure.  Otherwise, they are violating their oath of office to uphold the Constitution.

Senate Needed More Time?
The House blamed the Senate for the “need” to approve a Continuing Resolution (CR):  In her opening remarks (9-19-19), House Appropriations Committee Chairwoman Nita Lowey (D-NY) charged:   “Mr. Speaker, while the House did its work and passed 12  appropriations bills through committee and 10 off the floor, the Senate appropriations process is far behind. Because of this delay, we must  pass a continuing resolution to avoid another government shutdown like the one that started late last year which caused real harm to our economy and to hardworking Americans.”

Ranking [Appropriations Committee] Member Kay Granger (R-Texas) agreed, but excused the Senate’s failure:  “Because the budget agreement did not get enacted until August, the  Senate began working on the fiscal year 2020 appropriations bills only last week. As a result, there is simply not enough time to complete the  appropriations process by the September 30 deadline.”  Yet the House was able to move ahead (even though its bills were terrible)!

Of the 313 Senate votes so far this session, more than three-quarters were devoted to confirming nominations.  Perhaps, that is more evidence that Congress has created a federal bureaucracy too large for Congress to govern.

On this important vote, which included extending several bad programs (see below), the Senate devoted all of the allotted general debate time to other topics. With one exception.  Senator Rand Paul (R-KY) proposed an amendment to cut spending across the board by 2 percent in order to eliminate deficit spending.   His statement in defense of his amendment is instructive. Program managers were willing to handle a two percent cut if that would curtail the deficit. But the lack of Senate Democratic support for any reduction in spending speaks volumes.

Nevertheless, the Paul amendment is far from the solution needed; it merely addresses the current deficit for the duration of the CR. Of greater concern is the unconstitutional spending and the lack of respect for the constitution, thus liberating Congress from the wise restraints in that document.

Expiring Programs
Congress had reasons for not making certain programs permanent, instead requiring them to be reviewed periodically and to expire if they no longer had support. Each of the programs set to expire on September 30th (see the list in the CRS  Summary above) could and should have been considered individually on its own merits. Instead, the entire group was extended here with virtually no accountability.  Yet some have limited support.  Here is one of the most glaring travesties.

Export-Import Bank
In recent years, the “Bank” had become the target of weak conservative opposition, which merely characterized the Bank as a “bad idea”, as “promoting corporate welfare,” or as “crony capitalism.”  In reality, the Export-Import Bank has served the internationalist Conspiracy for decades as a workhorse, funding America’s enemies, including Communist China, and advancing internationalist objectives.

Bill Summary (excerpted from the Congressional Research Services Summary):
Shown Here:
Passed House (09/19/2019)
Continuing Appropriations Act, 2020, and Health Extenders Act of 2019 

This bill provides FY2020 continuing appropriations to federal agencies through November 21, 2019.

It is known as a continuing resolution (CR) and prevents a government shutdown that would otherwise occur when FY2020 begins on October 1, 2019, if the 12 regular appropriations bills that fund the federal government for FY2020 have not been enacted.

The CR funds most projects and activities at the FY2019 levels with several exceptions that provide funding flexibility and additional appropriations to various programs.

Additionally, the CR extends several programs that are scheduled to expire at the end of FY2019, including

• several health programs,
• the National Flood Insurance Program,
• the Temporary Assistance for Needy Families (TANF) program and related programs,
• several authorities related to immigration,
• the Calfed Bay-Delta Authorization Act,
• the Department of Education’s National Advisory Committee on Institutional Quality and Integrity,
• the Export-Import Bank of the United States, and
• the U.S. Commission on International Religious Freedom.

The bill also includes a provision that permits the Department of Agriculture to continue making payments to farmers affected by retaliatory tariffs by accelerating reimbursements to the Commodity Credit Corporation for certain net realized losses sustained in FY2019.

Freedom First Society Analysis:   Thankfully,16 GOP senators voted against this resolution to continue appropriations at current levels through November 21.  However, regardless of their individual reasons, our strong objection is that the extension was not designed to buy time to roll back unconstitutional spending.  No such effort was underway.  (Instead, the plan is to spend to the new bipartisan budget caps.)

Until there are plans to implement the critical rollback of unconstitutional programs and spending, no senator or representative should approve anysignificant appropriations measure.  Otherwise, they are violating their oath of office to uphold the Constitution.

Senate Needed More Time?
The House blamed the Senate for the “need” to approve a Continuing Resolution (CR):  In her opening remarks (9-19-19), House Appropriations Committee Chairwoman Nita Lowey (D-NY) charged:   “Mr. Speaker, while the House did its work and passed 12  appropriations bills through committee and 10 off the floor, the Senate appropriations process is far behind. Because of this delay, we must  pass a continuing resolution to avoid another government shutdown like the one that started late last year which caused real harm to our economy and to hardworking Americans.”

Ranking [Appropriations Committee] Member Kay Granger (R-Texas) agreed, but excused the Senate’s failure:  “Because the budget agreement did not get enacted until August, the  Senate began working on the fiscal year 2020 appropriations bills only last week. As a result, there is simply not enough time to complete the  appropriations process by the September 30 deadline.”  Yet the House was able to move ahead (even though its bills were terrible)!

Of the 313 Senate votes so far this session, more than three-quarters were devoted to confirming nominations.  Perhaps, that is more evidence that Congress has created a federal bureaucracy too large for Congress to govern.

On this important vote, which included extending several bad programs (see below), the Senate devoted all of the allotted general debate time to other topics. With one exception.  Senator Rand Paul (R-KY) proposed an amendment to cut spending across the board by 2 percent in order to eliminate deficit spending.   His statement in defense of his amendment is instructive. Program managers were willing to handle a two percent cut if that would curtail the deficit. But the lack of Senate Democratic support for any reduction in spending speaks volumes.

Nevertheless, the Paul amendment is far from the solution needed; it merely addresses the current deficit for the duration of the CR. Of greater concern is the unconstitutional spending and the lack of respect for the constitution, thus liberating Congress from the wise restraints in that document.

Expiring Programs
Congress had reasons for not making certain programs permanent, instead requiring them to be reviewed periodically and to expire if they no longer had support. Each of the programs set to expire on September 30th (see the list in the CRS  Summary above) could and should have been considered individually on its own merits. Instead, the entire group was extended here with virtually no accountability.  Yet some have limited support.  Here is one of the most glaring travesties.

Export-Import Bank
In recent years, the “Bank” had become the target of weak conservative opposition, which merely characterized the Bank as a “bad idea”, as “promoting corporate welfare,” or as “crony capitalism.”  In reality, the Export-Import Bank has served the internationalist Conspiracy for decades as a workhorse, funding America’s enemies, including Communist China, and advancing internationalist objectives.