Institute for Legislative Analysis

Ben Ray Lujan

This resolution sponsored by Sen. Rand Paul (R-KY) would enact a "Six Penny Plan" federal budget. The plan would balance on-budget outlays and revenues within five years by cutting six pennies off every dollar projected to be spent in the next five fiscal years. According to the sponsor, the plan would reduce spending by $329 billion in the first year, and accomplishes the balanced budget even with the provisions of the 2017 Tax Cuts and Jobs Act being made permanent. Support is the Limited Government Position as this measure represents an excellent pathway to restoring fiscal order to Congress. Lawmakers must rein in the out-of-control spending and $35 trillion in national debt, which, when coupled with the $200 trillion in federal liabilities, represents the greatest existential threat facing this country.

Restoring Fiscal Sanity through a "Six Penny Plan" Federal Budget that Makes Significant Cuts in Spending and Balances the Budget within Five Years.

This motion tables (defeats) the Sen. Ron Johnson (R-WI) amendment #1706 to the "Further Consolidated Appropriations Act, 2024". The amendment prohibits Labor, HHS, and Education funding from being provided to sanctuary cities that do not comply with requests from DHS to provide advance notice of date and time illegal immigrants are scheduled to be released from local custody. According to the sponsor, "in the last 4 months, we have seen a string of horrific crimes in which the suspects are illegal immigrants" which include individuals stabbed to death, murdered by gunfire, and beaten to death - such as Laken Riley. Oppose is the Limited Government Position as ensuring public safety and national defense is arguably the most important role of government. Failure to secure our nation's border and deport those residing in the country unlawfully not only has catastrophic implications on the ability to maintain law and order, but also creates countless other issues, ranging from welfare to the education system.

Providing Federal Funds to Sanctuary Cities Despite their Refusal to Comply with ICE Detainers for Illegal Immigrants.

The Johnson amendment #6559 to the "Consolidated Appropriations Act, 2023", which funds government through fiscal year 2023, would prevent border management funds from being utilized by the Department of Homeland Security (DHS) to transport Migrants within the U.S. unless to a deportation location or detention facility. The amendment is in response to a leaked DHS plan wherein the agency would pay to transport individuals who entered the country unlawfully to destinations away from the border and deeper into the U.S. Oppose is the Limited Government Position as, despite the need to grow the U.S. economy through reforms to the immigration system that increase the number of skilled individuals who may enter and work in our country, the promotion of an open-border immigration system places an immense drain on U.S. infrastructure and taxpayer resources ranging from welfare to the education system, while also creating serious law enforcement and national security issues.

Strengthening National Security by Prohibiting DHS from Utilizing Taxpayer Funds to Transport Immigrants that Enter the Country Unlawfully to Destinations Further Within the U.S.

The "Right to Contraception Act" sponsored by Sen. Ed Markey (D-MA) would create a new statutory right to obtain and use contraceptives and gives health care providers a right to provide contraceptives and share information about them. The bill also creates a new cause of action allowing anyone to bring a lawsuit if they believe their right to contraception has been infringed. Oppose is the Limited Government Position as while every person should have the freedom to utilize contraception, this bill creates a new avenue for individuals to abuse the legal system and bring frivolous litigation against businesses, religious organizations and other individuals.

Advancing Frivolous Litigation by Establishing a New Cause of Action under the "Right to Contraception Act".

The Sen. Kirsten Gillibrand (D-NY) amendment #1065 to the "National Defense Authorization Act (NDAA) for Fiscal Year 2024" provides an additional $450 million to the World Trade Center Health Program as well as expands the program (with another $200 million) to now cover the Pentagon and Shanksville. This program, which currently has over 120,000 enrollees, provides compensation for health conditions that individuals may develop who were near the Twin Towers on 9/11 or sometime over the following nine months, including first responders, residents, workers, teachers, students, tourists, etc. Due to the benefits of the program, such as compensation for physical and mental health conditions - including loss of income and pain and suffering that may have been incurred from the event - the trust fund continues to run low on funds and outpace expected expenditures. For example, just seven months earlier, the fund was provided with $1 billion in additional funding under a previous Gillibrand amendment to an appropriations bill that was expected to last until 2027. Oppose is the Limited Government Position as this well-intended program has been abused at the expense of both victims and taxpayers by greedy plaintiffs' attorneys who search for any individual who may have briefly been in the vicinity during the months following the event and then work to extract non-economic damages. First responders and workers who spent substantial time assisting with the clean-up of the tragedy deserve care for the health complications that they sustained due to their work. To ensure this, reforms should be implemented to stop this abuse before additional funding is provided.

Providing an Additional $676 million to the 9/11 Compensation Fund without Desperately Needed Reforms to Prevent Continued Cash Grabs by Law Firms.

The Toomey instruction for the senate conferees to the "United States Innovation and Competition Act (USICA)" requires establishing an exclusion process for any duties (tariffs) imposed through an action under Section 301 of the Trade Act. Under this process the Unites States Trade Representative (USTR) is required to consider the impact imposing a tariff has on U.S. companies and consumers, and then provide exclusions in circumstances where the tariff is expected to do more harm than good for the U.S. companies and consumers. Support is the Limited Government Position as this "protectionist" interference by government in the free market through tariffs (taxes on imports) unnecessarily drive-up product costs for both American manufacturers and consumers. Free trade has been a foundational principle of limited government dating back to Adam Smith, the father of modern economics, who identified the disastrous consequences of protectionist trade practices in the "Wealth of Nations" in 1776.

Protecting Consumers from Higher Taxation by Granting the USTR Flexibility to Provide Exclusions from Tariffs in Cases Where they Harm American Manufacturers and Workers.

The Sen. Rand Paul (R-KY) amendment #222 to the "National Defense Authorization Act (NDAA) for Fiscal Year 2024" clarifies that Article 5 of the North Atlantic Treaty does not supersede the constitutional requirement that Congress declare war before the United States engages in war. Support is the Limited Government Position as the ultimate decision as to whether the economy and, most importantly, American lives be placed at risk through warfare should be determined by Congress - as enshrined in the U.S. constitution - not a foreign entity.

Ensuring NATO Does Not Supersede Congress' Constitutional Authority to Declare War.

This bill, "making further continuing appropriations for fiscal year 2024", is a "CR" that funds portions of government through January 19, 2024 or February 2, 2024, depending on the department. The CR does not contain provisions demanded by conservative lawmakers, such as spending cuts or border security measures. Oppose is the Limited Government Position as this "kick the can down the road" approach weakens the ability of conservatives to obtain meaningful spending cuts. Lawmakers must rein in the out-of-control spending and $33 trillion in national debt, which, when coupled with the over $185 trillion in federal liabilities, represents the greatest existential threat facing this country.

Continuing Out-of-Control Spending through a CR Without Any Fiscal Restraints or Border Security Measures

This resolution, introduced by Rep. Andrew Clyde (R-GA), overturns the D.C. Council's Revised Criminal Code Act of 2022. The act contained several criminal justice reforms that would cut mandatory minimum sentences and reduced penalties for a range of violent crimes, including carjackings, robberies, and homicides. Support is the Limited Government Position as mandatory minimum sentences are critical measures that help combat the practice of "judge shopping" whereby career criminals attempt to have their cases moved to be heard by the most lenient judge to avoid significant penalties. The D.C. Council's criminal justice "reforms" would lead to skyrocketing crime rates, which has been the case of similar reform policies which have been advanced across the nation by George Soros and other left-leaning Billionaires through their funding of advocacy organizations.

Overturning a Package of Dangerous Criminal Justice Reforms in DC that Weaken Mandatory Minimum Sentences and Fuel Greater Lawlessness.

The "Extension of Continuing Appropriations and Other Matters Act, 2024" sponsored by Rep. Kay Granger (R-TX) would avert a partial government shutdown by extending government funding by a week (March 8) for six agencies and March 22 for others. The extension serves as a stopgap as the final details on a broader extension are finalized. According to bill opponents, the broader bill will not provide any substantial spending reductions at a time the nation is facing $1 trillion in annual interest payment on the debt. Oppose is the Limited Government Position as this measure merely kicks the can down the road to advance a fiscally irresponsible budget. Lawmakers must rein in the out-of-control spending and $35 trillion in national debt, which, when coupled with the $200 trillion in federal liabilities, represents the greatest existential threat facing this country.

Advancing a Fiscally Irresponsible Budget by Kicking the Can Down the Road through the "Extension of Continuing Appropriations and Other Matters Act, 2024".

The Sen. Rand Paul (R-KY) amendment #1347 to the Minibus Appropriations Package cuts roughly $30 billion in discretionary spending, placing it back at the level approved by the House Appropriations Committee. Additionally, the bill rescinds $25 billion provided for IRS enforcement in the 2022 climate and tax law. Support is the Limited Government Position as this amendment serves as a step in the right direction to restoring fiscal sanity in Congress. Lawmakers must rein in the out-of-control spending and $33 trillion in national debt, which, when coupled with the over $185 trillion in federal liabilities, represents the greatest existential threat facing this country.

Advancing Fiscal Responsibility through a $30 Billion Cut in Discretionary Spending within the Minibus Appropriations Package and Rescinding $25 Billion in IRS Funding.

This resolution, introduced by Sen. Ben Cardin (D-MD), removes the deadline for the ratification of the Equal Rights Amendment (ERA). The ERA was originally proposed in 1972 with a deadline that at least three-fourths of states ratify the amendment by 1982 (which did not occur). The amendment codifies protections from sex discrimination alongside other protected classes such as race, religion, and national origin. Oppose is the Limited Government Position as ratification of the ERA merely provides plaintiff's attorneys with a new tool to advance frivolous litigation. Examples include alleged discrimination and "rights" potentially ranging from taxpayer-funded abortion to special benefits from businesses and government.

Removing the 1982 Deadline for Ratification of the Equal Rights Amendment, which would Fuel Frivolous Litigation.

The Cruz amendment #4927 to the "Further Additional Extending Government Funding Act" prohibits the use of federal funding for schools and early childhood development facilities that enforce COVID-19 vaccine mandates on children. Support is the Limited Government Position as this measure helps protect individual liberties by ensuring it is parents - not government - making the medical decision on whether or not to vaccinate their child against COVID-19.

Protecting Individual Liberties and Parental Rights by Prohibiting Federal Funds from Being Used to Enforce COVID-19 Vaccination Mandates on Students.

The Braun amendment #4930 to the "Further Additional Extending Government Funding Act" prohibits the advancement of any budget resolution that does not reach a balanced budget within 10 years, unless approved by a two-thirds vote of the senate. Support is the Limited Government Position as the country can't afford to financially sustain the ever-growing budget deficit that has now grown to $1.4 trillion. Significant spending cuts must take place across government in order to reverse our $30 trillion national debt, which, when coupled with the over $185 trillion in unfunded federal liabilities, represents the greatest existential threat facing this country.

Reigning in the $1.4 Trillion Annual Budget Deficit through a "Balanced Budget Amendment".

The Sen. Rand Paul (R-KY) amendment #1829 to the "Reforming Intelligence and Securing America Act" would insert the language of the House-passed "Fourth Amendment Is Not For Sale Act". This provision prohibits law enforcement and intelligence agencies from purchasing personal information about customers or subscribers of electronic and remote computing service providers - such as email, social media, cell phone and cloud computing companies - without first obtaining a court order. According to the House sponsor, the bill "stops the federal government from circumventing Americans' Fourth Amendment right to privacy by closing loopholes that allow the government to purchase Americans' data from big tech companies without a search warrant". Support is the Limited Government Position as the U.S. Constitution explicitly protects Americans from unreasonable searches and seizure. This amendment helps strengthen civil liberties as protected under the Fourth Amendment.

Strengthening Civil Liberties by Inserting the "Fourth Amendment Is Not For Sale Act" into the FISA Bill thus Preventing Government from Purchasing Americans' Data without a Search Warrant.

This motion waives (defeats) Sen. Rand Paul (R-KY) Point of Order to the "National Defense Authorization Act (NDAA) for Fiscal Year 2024". The Point of Order removes the extension of Section 702 of the Foreign Intelligence Surveillance Act (FISA) from the bill. This section of FISA has been utilized to conduct surveillance on Americans without a warrant, including President Trump's previous campaign for president. Oppose is the Limited Government Position as this motion helps strengthen civil liberties. The reauthorization of this FISA section violates the protections provided to Americans against unreasonable searches and seizures under the Fourth Amendment of the U.S. Constitution.

Weakening Civil Liberties by Maintaining the FISA Provision within the NDAA, which has Allowed the Warrantless Surveillance of the Trump Campaign and Thousands of Other Americans.

This vote prevents consideration of the second article of impeachment against Department of Homeland Security Secretary Alejandro Mayorkas for "Breach of Public Trust". According to the House sponsor of impeachment Marjorie Taylor Greene (R-GA), "Mayorkas' policies have killed Americans, bankrupted communities, overrun schools, besieged towns, drowned hospitals, and incapacitated law enforcement while empowering cartels and foreign entities". Oppose is the Limited Government Position as Secretary Mayorkas has failed in his duties as Secretary of Homeland Security through the implementation of radical policies that have severely weakened our national security and devastated countless communities across the nation.

Blocking the Impeachment Trial of DHS Secretary Alejandro Mayorkas for Article II "Breach of Public Trust" for his Failure to Secure the Southern Border.

This resolution introduced by Sen. Roger Marshall (R-KS) utilizes the Congressional Review Act (CRA) to nullify the policy update issued by the Food and Nutrition Service (FNS) on May 5, 2022 relating to discrimination on the basis of gender identity and sexual orientation. According to the sponsor, this policy is "weaponizing funding for school lunch programs in an effort to force public schools to embrace Joe Biden's transgender agenda", such as "requiring biological boys to be given access to girls bathrooms and locker rooms or allow biological boys to compete against biological girls in girls' sports". Support is the Limited Government Position as federal funding should not be weaponized by unaccountable bureaucrats to advance politicized initiatives, especially those surrounding sensitive issues that should be handled at the local level by school boards accountable to parents.

Preventing the Weaponization of the Federal Appropriations Process by Bureaucrats Attempting to Push Policies Surrounding Transgenderism in Local Schools.

The "Domestic Terrorism Prevention Act of 2022" provides the Department of Homeland Security (DHS), the Department of Justice (DOJ), and the Federal Bureau of Investigation (FBI) a series of new powers and duties, including assessing the domestic terrorism threat posed by "white supremacist and neo-Nazi infiltration of federal, state, and local law enforcement agencies and the uniformed services." Oppose is the Limited Government Position as this bill provides employees within the DOJ, DHS, and FBI overreaching new surveillance and investigative powers and does not contain critical safeguards to protect civil liberties under the Fourth Amendment. Additionally, there have been numerous cases of recent politicized actions taking place within the FBI, including their support of a letter from the National School Boards Association that characterized parental engagement on school curriculums as "heinous actions" that "could be the equivalent to a form of domestic terrorism."

Weakening Civil Liberties by Providing the Department of Justice Overreaching New Powers Through the Domestic Terrorism Prevention Act.

This motion tables (defeats) the Sen. Ted Cruz (R-TX) amendment #1804 to the "Further Consolidated Appropriations Act, 2024". The amendment would prohibit the Biden administration from issuing waivers granting Iran access to escrowed accounts, including a $10 billion account related to Iraqi electricity. According to the sponsor, "The Biden administration has a pathological obsession with boosting the Iranian regime and undermining Israel" and the waivers have allowed Iran "to use that money to fund Hamas, Hezbollah, Iraqi militias, and other terrorist groups". Oppose is the Limited Government Position as this motion weakens national security by providing a top adversary nation of the U.S. with billions of dollars of resources that can be used to inflict harm on Americans or our allies such as Israel.

Providing Iran with Access to Billions of Dollars of Funds by Providing Waivers to Sanctions.

The "Continuing Appropriations and Extensions Act, 2025" sponsored by Tom Cole (R-OK) helps avert a shutdown by extending government funding through December 20, 2024. The bill extends disaster relief and contains $230 million in additional funding for Secret Service in response to the two assassination attempts against President Trump. However, the bill does not include a GOP-backed provision requiring proof-of-citizenship when registering to vote. Oppose is the Limited Government Position as this bill fails to include a critical provision needed to strengthen the integrity of elections and merely further "kicks the can down the road" on fiscal responsibility. Lawmakers must rein in the out-of-control spending and $35 trillion in national debt, which, when coupled with the $200 trillion in federal liabilities, represents the greatest existential threat facing this country.

Extending Government Funding without a Critical Provision to Strengthen Election Integrity or Other Fiscal Restraints through the "Continuing Appropriations and Extensions Act, 2025".

The Sen. Rand Paul (R-KY) amendment #438 to the "National Defense Authorization Act (NDAA) for Fiscal Year 2024" requires an independent and objective audit and investigation be conducted into the over $113 billion in funding the United States has provided Ukraine. The sponsor noted that, so far, departmental inspectors' generals have not substantiated any cases of fraud despite the enormous sums of cash delivered to the war-torn nation and cases of even Ukrainian journalists reporting fraud. Support is the Limited Government Position as all taxpayer funds, regardless of their purpose, should be properly accounted for and necessary safeguards should be established to protect against waste, fraud and, abuse.

Protecting Taxpayer Funds from Waste, Fraud and Abuse by Requiring an Audit and Investigation into the $113 Billion in U.S. Funding Provided to Ukraine.

The Sen. Rick Scott (R-FL) motion to the "Consolidated Appropriations Act, 2024" would instruct the Senate Committee on Appropriations to remove all Community Project Funding and Congressionally Directed Spending (commonly referred to as "earmarks) within the bill. The bill contains roughly 6,600 earmarks at a cost of $12 billion. According to the sponsor, "Earmarks are a corrupt practice" and "the American taxpayer should not be used as a political piggybank". Support is the Limited Government Position as earmarks fuel corruption within the political process and incentivize runaway and wasteful spending for lawmaker pet projects. Lawmakers must rein in the out-of-control spending and $35 trillion in national debt, which, when coupled with the $200 trillion in federal liabilities, represents the greatest existential threat facing this country.

Restoring Fiscal Responsibility in the Appropriations Bill by Cutting the 6,600 Earmarks that Total $12 Billion in Runaway Spending for Lawmaker Pet Projects.

The Sen. Mike Lee (R-UT) amendment #1623 to the "Consolidated Appropriations Act, 2024" would prohibit the use of funds to initiate or decline a Federal criminal charge based on impermissible considerations defined in the Justice Manual. According to the sponsor, the Justice Manual has been violated as "the Justice Department has been weaponized against the 45th President, President Biden's lead political opponent". Support is the Limited Government Position as tragically our justice system has been warped by politics at both the federal and local levels. This amendment and other measures are essential to reforming the "Department of Injustice" and restoring the faith of Americans of a fair and unbiased judicial system.

Combatting the Weaponization of the Criminal Justice System Against Trump and Others by Defunding Federal Criminal Charges that Fail to Comply with the Justice Manual.

The "Consolidated Appropriations Act, 2023", which was passed on December 23, 2022 funds government through the rest of fiscal year 2023. The package is over 4,000 pages long and included numerous earmarks, ultimately amounting to $1.7 trillion in spending. Spending increases included 5.5% in domestic spending and 10% in defense spending. Oppose is the Limited Government Position as this measure was voted upon only days before the new congress, which would likely have significantly cut spending within the bill due to Republicans taking control of the House. The bill also contained nearly $50 billion in additional spending on Ukraine (without safeguards to prevent corruption), bringing the year's total to $113 billion - totaling more than half the size of Ukraine's entire pre-war economy.

Bypassing the New Congress by Ramming Through $1.7 Trillion in Spending in the Final Days of the Lame Duck Session.

This motion on the "Freedom to Vote: John R. Lewis Act" defeats a change to the Senate rules, thereby protecting the "filibuster" or the requirement of 60 votes to invoke cloture (end debate) and advance most legislation. Due to the political make-up of the senate (50-50 party split with VP Kamala Harris the tie-breaking vote), the elimination of the filibuster, coupled with Democratic party control over the House of Representatives, significantly increases the likelihood of Democratic policy priorities. Support is the Limited Government Position as the elimination of the filibuster would allow for the passage of policy that would unprecedently expand the size and scope of government.

Blocking an Unprecedented Expansion of Government by Preserving the Senate Filibuster Rule.

The Sen. Roger Marshall (R-KS) amendment #110 to the Fiscal Responsibility Act adds a major border security provision modelled after the House-passed "Secure the Border Act". The amendment includes restarting border wall construction, hiring thousands of additional Border Patrol agents, equipping agents with better technology to detect drugs and illegal immigration, and additional E-Verify requirements. Support is the Limited Government Position as an unsecured southern border presents a major national security risk and places an enormous strain on taxpayer-funded resources, ranging from law enforcement to welfare to education. While lawmakers should work to boost merit-based immigration to expand the U.S. workforce and economy, major policy changes must be made to curb illegal immigration and prevent dangerous individuals from entering the country.

Combatting Illegal Immigration by Including the "Secure the Border Act" within the Debt Limit Bill.

This resolution, introduced by Rep. Andy Barr (R-KY), utilizes the Congressional Review Act (CRA) to nullify the Department of Labor rule titled "Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights". Under current law, managers of retirement plans are required to base their investment decisions on what is in the best interest of making their client's portfolios grow. Under the Biden administration rule, fiduciaries can now base their investment decisions on political environmental, social and governance (ESG) factors even if they are not in the best financial interest of their clients. Support is the Limited Government Position as, while all individuals should have the right to have their savings invested in the manor of their choosing, this politicized ESG rule will provide countless new avenues for deviant fiduciaries to act against their unknowing clients best interests and enrich certain companies and industries.

Overturning a Biden Administration Rule Authorizing Fiduciaries to Invest in Environmental, Social and Governance (ESG) Factors Against their Clients Best Interests.

The Sen. Rand Paul (R-KY) amendment #1614 to the "Extension of Continuing Appropriations and Other Matters Act, 2024" would prevent the Federal Reserve from purchasing the debt of states or municipalities through its Open Market Operations. According to the sponsor, "we now know that the Federal Reserve is not only buying the Federal debt; they are buying the debt of profligate, large-spending States like California, New York, and Illinois. It was never intended that Congress give the Fed the power, and we should make sure that it is explicit that the Federal Reserve cannot buy the debt of individual States." This action by the Federal Reserve generally lowers the borrowing costs for the states and localities the Fed purchases the debt. Support is the Limited Government Position as the reckless actions by the Federal Reserve to purchase state and local bonds places the entire U.S. financial system - including the U.S. dollar - at risk in the event of widespread defaults. The continued monetization of debt coupled with the enormous balance sheet of the Fed, merely heightens the risk of a hyper-inflationary event.

Ending a Reckless Federal Reserve Policy Jeopardizing the Stability of the U.S. Monetary System through the Purchase of State and Municipal Debt.

The Sen. Rand Paul (R-KY) amendment #107 to the Fiscal Responsibility Act replaces the bill's spending caps with a "Five Penny Plan" which caps and balances the budget within five years and limits the extension of debt to $500 billion. According to the sponsor, this plan is the "conservative alternative" that would reduce spending by $303 billion in the first year alone. Support is the Limited Government Position as this measure represents an excellent pathway to restoring fiscal order to Congress. Lawmakers must rein in the out-of-control spending and $33 trillion in national debt, which, when coupled with the over $185 trillion in federal liabilities, represents the greatest existential threat facing this country.

Restoring Fiscal Sanity through a "Five Penny Plan" that Makes Significant Cuts in Spending and Balances the Budget within Five Years.

The Sen. Ted Cruz (R-TX) amendment #421 to the "National Defense Authorization Act (NDAA) for Fiscal Year 2024" allows U.S. servicemembers who were dismissed as the result of the Biden Administration's COVID-19 vaccine mandate to seek reinstatement or a change in their discharge status. The amendment also restores their lost GI and VA benefits. Support is the Limited Government Position as not only was the COVID-19 vaccine ineffective in controlling the virus, but the mandate also resulted in the dismissal of over 8,400 service members and hurt recruitment. The COVID-19 vaccination mandate represented a clear example of government overreach and all service members who were dismissed should be allowed to once again serve their country.

Ensuring U.S. Service Members Dismissed as the Result of the COVID-19 Vaccination Mandate May Seek Reinstatement and Have their Discharge Statuses Changed.

The Sen. Mike Lee (R-UT) amendment #1840 to the "Reforming Intelligence and Securing America Act" would implement two reforms to the Foreign Intelligence Surveillance Act (FISA) court. First, it would bolster the role of amici curiae - outside experts who present a perspective other than the government and assist the FISA Court in evaluating arguments presented by the Department of Justice - by creating a presumption that amici should participate in certain particularly sensitive or important matters and by increasing amici's access to information. Second, it would require the disclosure to the court of all material, exculpatory evidence, or impeachment evidence. The sponsor noted that the provision mirrors an amendment that the Senate passed by a vote of 77-19 in 2020. It is noteworthy that while the NSA and FBI are prohibited from "intentionally" targeting Americans through its mass surveillance under FISA, these agencies acquire a huge amount of innocent Americans' communications "incidentally." These agencies can then conduct backdoor, warrantless searches of these "incidentally collected" communications. Support is the Limited Government Position as countless Americans have had their Fourth Amendment rights infringed through warrantless spying under Section 702 of the Foreign Intelligence Surveillance Act (FISA). This amendment helps protect civil liberties by strengthening government transparency and accountability.

Strengthening Government Transparency Under the Foreign Intelligence Surveillance Act (FISA) through Increased Oversight of the Program by Outside Experts (Amici Curiae).

The Sen. Mike Lee (R-UT) motion to the "Extension of Continuing Appropriations and Other Matters Act, 2024" would instruct the Senate Committee on Appropriations to adjust the bill into a full-year CR funding government through September 30, 2024. According to the sponsor, this adjustment would save taxpayers $130 billion and place regular nondefense at a level $40 billion less than in fiscal year 2023. Support is the Limited Government Position as this motion increases fiscal responsibility. Lawmakers must rein in the out-of-control spending and $35 trillion in national debt, which, when coupled with the $200 trillion in federal liabilities, represents the greatest existential threat facing this country.

Cutting Government Spending by $130 Billion by Extending the Duration of the CR through September of 2024.

The "Radiation Exposure Compensation Reauthorization Act" (RECA) sponsored by Sen. Josh Hawley (R-MO) would extend RECA for an additional six years past its current sunset date of June 7, 2024. RECA was enacted in 1990 under George H.W. Bush to compensate individuals exposed to fallout from nuclear weapons testing between 1947 and 1961. The bill also includes provisions which increase payouts and eligibility, as well as expand the regions covered to include the bill sponsor's district in St. Louis, Missouri. The bill does not contain any funding for the new entitlement, which is estimated to cost at a minimum of between $50 to $100 billion over the next ten years for the St. Louis region alone. Oppose is the Limited Government Position as expansion and creation of a new entitlement program that lacks critical safeguards and limits on eligibility will result in a fiscal catastrophe. Federal taxpayers have already experienced a similar fiscal nightmare and skyrocketing costs resulting from the poorly crafted World Trade Center Health Program, which requires constant additional taxpayer cash infusions. Unfortunately, greedy plaintiffs' attorneys seek out any individual who may be remotely impacted by an event and work to extract enormous payouts at the expense of taxpayers.

Threatening a Fiscal Nightmare through the Extension and Expansion of the Entitlement Program "Radiation Exposure Compensation Act" (RECA).

The Cassidy amendment #6558 to the massive lame duck spending bill, known as the "Consolidated Appropriations Act, 2023", implants the language of H.R. 1065 "Pregnant Workers Fairness Act" into the bill. This provision makes it an unlawful employment practice if an employer with 15 or more employees fails to provide a series of new benefits and accommodations to a pregnant employee or job applicant. For example, a cause of action can be brought against an employer if they fail to provide additional break periods, require an employee to take leave due to a pregnancy limitation if a reasonable accommodation could be provided, or do not provide certain amenities, such as a stool to sit on during the workday. Oppose is the Limited Government Position as employers are already incentivized to establish safe and productive work environments and this government overreach into the private sector unnecessarily exposes employers to new avenues of frivolous litigation that may be advanced by deviant plaintiffs\' attorneys.

Exposing Employers to Frivolous Litigation by Creating Multiple New Avenues for Plaintiff's Attorneys of Pregnant Workers to Sue for Alleged Discrimination.

The Sen. Marco Rubio (R-FL) amendment #1237 to the Minibus Appropriations Package prohibits funding of the Department of Housing and Urban Development (HUD) rule titled ''Adoption of Energy Efficiency Standards for New Construction of HUD- and USDA-Financed Housing''. This HUD rule subjects housing projects financed or subsidized with federal funds to meet much more stringent energy efficiency standards. Support is the Limited Government Position as the new energy efficiency mandates imposed by HUD unnecessarily drive-up housing and taxpayer costs in order to advance a politicized climate change agenda.

Reducing Housing and Taxpayer Costs by Nullifying a Biden Administration Rule Imposing More Stringent Energy Efficiency Standards on Government Subsidized or Financed Housing.

This resolution invokes the Congressional Review Act (CRA) to nullify the rule implemented by the Centers for Disease Control and Prevention (CDCP) concerning COVID-19, which requires the use of face masks on public transportation including planes, trains, and busses. Support is the Limited Government Position as this measure strengthens individual liberties by allowing citizens to determine how best to cope and protect themselves from COVID-19, which has been around for over 2 years. This measure not only signals a return to normalcy but ensures that congress - which is accountable to voters - sets masking policy as opposed to unaccountable government employees within the CDCP.

Strengthening Individual Liberties by Ending the Public Transportation Mask Mandate Imposed by the Centers for Disease Control and Prevention.

The Sen. Josh Hawley (R-MO) amendment #93 to the Fiscal Responsibility Act imposes an additional tariff of 25 percent on all imports from China until the alleged trade deficit between the U.S. and China reaches zero. Oppose is the Limited Government Position as this measure will inflict tremendous harm on the U.S. economy through an additional 25 percent tax (tariff) on countless products used every day by Americans. It will also make U.S. businesses less competitive globally by hiking costs on materials sourced from China. Additionally, the amendment represents a misunderstanding of economic principles by attempting to reduce the "trade deficit" to zero, a level it is already at when accounting for factors such as Chinese investment in U.S. securities, stocks, real estate, services, and other items that do not physically cross the border. Free trade has been a foundational principle of limited government dating back to Adam Smith, the father of modern economics, who identified the disastrous consequences of protectionist trade practices in his 1775 book "The Wealth of Nations".

Spiking Business and Consumer Costs by Imposing an Additional 25% Tax on Imports from China to Balance a Fictitious Trade Deficit.

The Sen. Mike Braun (R-IN) amendment #91 to the Fiscal Responsibility Act adds a "No Default" provision to the bill. According to the sponsor, the amendment "removes the drama from debt ceiling negotiations by allowing the Treasury to continue to pay necessary obligations after an "X date" but will automatically cut 1% of discretionary spending every 30 days (not including entitlements) until Congress makes a deal, giving Congress an incentive to make a budget to avoid cuts to policy priorities from both parties." Support is the Limited Government Position as this measure serves as a step in the right direction to restore fiscal sanity to Congress. Lawmakers must rein in the out-of-control spending and $33 trillion in national debt, which, when coupled with the over $185 trillion in federal liabilities, represents the greatest existential threat facing this country.

Preventing Future Debt Limit Defaults by Enacting Automatic Cuts in Discretionary Spending.

The Braun amendment #4990 to the "Consolidated Appropriations Act, 2022" eliminates over 367 pages of earmarks within the spending package that funds government through the rest of the year. These earmarks, which total $8 billion, represent pet projects that individual members of congress have added into the bill. Support is the Limited Government Position as this measure will at least slightly improve the horrendous level of wasteful spending within the bill. However, much larger spending cuts must take place across government in order to reverse our $30 trillion national debt, which, when coupled with the over $185 trillion in unfunded federal liabilities, represents the greatest existential threat facing this country.

Protecting Taxpayers by "Cutting the Pork" in the Budget through the Elimination of All Earmarks within the 2022 Funding Package.

This resolution introduced by Rep. John James (R-MI) utilizes the Congressional Review Act (CRA) to nullify a Biden administration rule issued by the National Labor Relations Board on October 27, 2023, titled "Standard for Determining Joint Employer Status". The rule largely reestablished the broad Obama-era standard of "joint employment" whereby one company could be held legally liable for another businesses' employees even if they do not directly oversee them. This rule has a large impact on business and labor law, including collective bargaining, pay, scheduling and employer liability for unfair labor practices. Support is the Limited Government Position as the Biden administration rule inflicts significant harm on small businesses including higher compliance, legal and labor costs. This measure is critical to restoring a small-business friendly regulatory environment which boosts hiring and economic growth.

Utilizing the Congressional Review Act to Overturn Anti-Small Business Regulations Imposed by the Biden Administration Surrounding "Joint Employer Status".

This motion to "Waive All Applicable Budgetary Discipline" allows the "Social Security Fairness Act of 2023" to bypass Senate rules including the Congressional Budget Act of 1974 and Pay-As-You-Go (PAYGO), which enforce spending limits and deficit control. The Social Security Fairness Act eliminates two federal cost-control policies that barred employees with a public pension from then also collecting the full-level of benefits under the federal retirement program. The bill is estimated to increase taxpayer spending by $195.65 billion and shorten the window for insolvency of the Social Security Trust Fund by 6 months - triggering a 23 percent cut for all seniors in 2033. Oppose is the Limited Government Position as this bill largely serves as a political ploy to gain favorability from federal workers and labor unions while worsening the unfunded liability crisis of Social Security. Lawmakers must rein in the out-of-control spending and $35 trillion in national debt, which, when coupled with the $200 trillion in federal liabilities, represents the greatest existential threat facing this country.

Bypassing Senate Fiscal Restraints to Advance the "Social Security Fairness Act" which Quickens the Insolvency of Social Security.

This resolution introduced by Sen. John Kennedy (R-LA) utilizes the Congressional Review Act (CRA) to nullify a rule issued by the Consumer Financial Protection Bureau titled "Small Business Lending under the Equal Credit Opportunity Act (Regulation B)". This rule implements a section of the Dodd-Frank Act and requires banks to collect and report data on race, ethnicity, and sex across 81 fields. The sponsor noted this rule imposes a significant additional cost on lenders and creates privacy concerns for small businesses that do not want such information made public. Support is the Limited Government Position as this Biden Administration rule further worsens the draconian regulatory framework of Dodd-Frank, while unnecessarily driving up lending costs and infringing privacy rights.

Combatting Regulatory Overreach by Nullifying Biden Administration Rules Forcing Banks to Report and Publish Additional Data Pertaining to Race, Ethnicity, and Sex.

This resolution introduced by Rep. Sam Graves (R-MO) utilizes the Congressional Review Act (CRA) to nullify the Environmental Protection Agency rule titled "Revised Definition of 'Waters of the United States'". This Biden administration rule overturned the reforms implemented by the Trump administration and provides the EPA with much more expansive regulatory authority than it was initially granted under the Obama administration. As a result, the EPA's regulatory authority includes not only rivers and wetlands, but ephemeral streams and ditches under the Clean Water Act. Support is the Limited Government Position as the Biden and Obama administrations granted the EPA carte-blanche authority to regulate practically any standing amount of water, which resulted in property rights being infringed and enormous additional costs for landowners.

Strengthening Property Rights by Overturning Biden Administration Regulations Providing the EPA Overreaching Authority under the Waters of the United States Rule.

This resolution introduced by Rep. Bob Good (R-VA) utilizes the Congressional Review Act (CRA) to nullify the rule issued by the Department of Education on October 12, 2022, that suspends federal student loan payments and discharges debt. The Congressional Budget Office estimates that the total cost of the Biden administration's student loan forgiveness plan is between $500 billion and $650 billion. Support is the Limited Government Position as the Biden administration's plan further expands wealth redistribution through higher education. While it is a necessary role for government to provide quality K-12 education, individuals who elect to pursue activities other than higher education - such as those who start their own businesses or work in the trades - should not be forced to pay for others' college tuition. Lawmakers must rein in the out-of-control spending and $33 trillion in national debt, which, when coupled with the over $185 trillion in federal liabilities, represents the greatest existential threat facing this country.

Protecting Taxpayers by Blocking $650 Billion in Student Loan Forgiveness Authorized by the Biden Administration.

This bill, the "National Defense Authorization Act (NDAA) for Fiscal Year 2024", lays out how the Pentagon will be funded for the next year and includes $886 billion in defense spending. Most notably, this conference version of the bill removes Republican provisions that end Pentagon practices that facilitate abortion, enable taxpayer-funded sex reassignment surgeries, and promote Critical Race Theory (CRT) and Diversity, Equity and Inclusion (DEI) in the armed forces. Furthermore, the bill reauthorizes the Foreign Intelligence Surveillance Act (FISA), which has been utilized to conduct surveillance on Americans without a warrant, including President Trump's previous campaign for president. Oppose is the Limited Government Position as Pentagon funding should be contingent on both a full audit, due to reports of tens of billions of taxpayer funds being "misplaced", and safeguards that protect funds from being utilized for politicized and other improper purposes. The FISA reauthorization violates the protections provided to Americans against unreasonable searches and seizures under the Fourth Amendment of the U.S. Constitution.

Authorizing a Defense Bill without the Removal of Countless Radical Left Policies Surrounding Abortion, Transgenderism, Critical Race Theory, and Civil Liberty Violations.

The Sen. John Kennedy (R-LA) amendment #104 to the Fiscal Responsibility Act makes the food stamp work requirement within the bill permanent by removing the sunset provision. Support is the Limited Government Position as, while significant reforms must be made to government welfare programs to reduce government dependency, the existing work requirements should be, at the very least, enforced. Programs, such as the federal SNAP program, crowd out the private sector, which is much more effective and better equipped to solve underlying challenges faced by individuals and making them self-sufficient.

Promoting Self-Sufficiency by Making Permanent the Work Requirement Provisions within the Debt Limit Bill.

The "Postal Service Reform Act of 2022" repeals a key fiscal safeguard implemented in 2006 which requires the United States Postal Service to prepay future retirement health benefits (i.e. "pay as you go"), thus now allowing USPS to further grow the over $60 billion in unfunded liabilities on its books. Oppose is the Limited Government Position as the repeal of this essential safeguard will result in even less fiscal accountability at the agency and further balloon the already enormous amount of unfunded liabilities, which will ultimately become the responsibility of taxpayers.

Eliminating a Key Fiscal Safeguard within the U.S. Postal Service Resulting in $60 Billion in Unfunded Liabilities being Placed on Taxpayers.

The Merkley amendment #6595 to the massive lame duck spending bill, known as the "Consolidated Appropriations Act, 2023", places a series of new regulations on private companies concerning accommodations for breastfeeding up to a year after the birth of an employee's child. For example, employers must provide reasonable break times and a shielded location other than a bathroom for employees to express breast milk. Oppose is the Limited Government Position as employers are already incentivized to establish safe and productive work environments and this government overreach into the private sector unnecessarily exposes employers to new avenues of frivolous litigation that may be advanced by deviant plaintiffs\' attorneys.

Imposing Overreaching New Federal Mandates on the Private Sector Concerning Workplace Breast Feeding.

The Warnock amendment #5262 to the "Inflation Reduction Act of 2022" would expand Medicaid under Obamacare (free healthcare for individuals earning up to 138% of the federal poverty level) to the 12 red states that have not yet expanded Medicaid, including Texas, Florida, Wisconsin, Georgia, South Carolina, Mississippi, Kansas, Wyoming, Alabama, Tennessee, North Carolina and South Dakota, with the latter two states passing expansion in 2023. Oppose is the Limited Government Position as the federal government should not strong-arm the residents of states that, through their electoral and legislative processes, have chosen to not expand their Medicaid systems, which is extremely costly to federal taxpayers and results in an even greater number of individuals being trapped into government dependency.

Increasing Government Dependency by Expanding Medicaid Under Obamacare to the 12 Red States that Have Refused Expansion.

This resolution, introduced by Sen. Deb Fischer (R-NE), utilizes the Congressional Review Act (CRA) to nullify the Environmental Protection Agency rule titled "Control of Air Pollution From New Motor Vehicles: Heavy-Duty Engine and Vehicle Standards". The rule, covering commercial trucks imposes much stricter emissions standards covering nitrogen oxides and other air pollutants, including particulate matter, hydrocarbons, and carbon monoxide. According to the sponsor, the rule "saddles the trucking industry with an onerous regulation" and that "the prices of newer vehicles will escalate, incentivizing truckers and businesses to hold onto their older, higher-emitting trucks". Support is the Limited Government Position as the rule imposed by bureaucrats within the Biden administration represents regulatory overreach and unnecessarily hike truck prices in order to promote a politicized climate change agenda.

Nullifying an Onerous Truck Emission Regulation Imposed by the Biden Administration that Results in Significant Commercial Vehicle Price Hikes.

The "Further Additional Extending Government Funding Act" funds the federal government through March 11, 2022 and serves as the third short-term continuing resolution passed since early October. Without passing a continuing resolution, a partial government shutdown would occur, providing advocates of fiscal responsibility greater leverage in budget negotiations. Oppose is the Limited Government Position as forcing a hard deadline on budget negotiations raises awareness of the nation's out-of-control spending and helps hinder passage of other wasteful spending measures such as the COMPETES act. Substantial cuts must be made to the budget to eliminate the $1.4 trillion deficit and begin the process of paying down our $30 trillion national debt, which, when coupled with the over $185 trillion in unfunded federal liabilities, represents the greatest existential threat facing this country.

Avoiding Fiscal Responsibility through the Continual Passage of Short-Term Government Funding Bills

The Sen. Ted Budd (R-NC) amendment #134 to the Fiscal Responsibility Act rescinds roughly $17 billion in unspent COVID-19 relief funds, allowing the monies to be used elsewhere instead of new spending. Support is the Limited Government Position as this amendment serves as a step in the right direction towards spending reprioritization. Lawmakers must rein in the out-of-control spending and $33 trillion in national debt, which, when coupled with the over $185 trillion in federal liabilities, represents the greatest existential threat facing this country.

Promoting Fiscal Responsibility by Rescinding Unused COVID-19 Funds and Reprioritizing Spending.

The Sen. Ted Budd (R-NC) amendment #1243 to the Minibus Appropriations Package prohibits funds from being used to enforce President Biden's Executive Order # 14019, "Promoting Access to Voting". According to the sponsor, the executive order empowers federal agencies to use taxpayer funds to implement or enter into agreements with partisan organizations that conduct voter mobilization activities. Support is the Limited Government Position as taxpayer resources should not be utilized to advance partisan politics. Such actions undermine our election process and democracy.

Safeguarding Democracy by Defunding Biden's Executive Order that Utilizes Taxpayer Resources to Advance Partisan Politics through Voter Mobilization Activities.

The Johnson instruction for the senate conferees to the "United States Innovation and Competition Act (USICA)" requires the conferees to eliminate any provisions within the final version of the bill that prohibit the possession, acquirement, receipt, transportation, sale, or purchase of mink raised in captivity in the United States for fur production. The motion is in response to actions taken in the House to ban mink farms due to allegations that they increase the spread of COVID-19. Support is the Limited Government Position as a blanket ban on all mink farming represents government overreach, especially considering the fact the Centers for Disease Control and Prevention has called the reported cases of infected mink, hamsters, and deer spreading the disease rare occurrences. While there is a role of government to combat clear and deliberate cases of animal cruelty and abuse, such actions should be carefully tailored to only address bad actors.

Blocking a Proposed Overreaching Ban on "Mink Farming" Based on Allegations of Increased COVID-19 Transmission Risks.

The "Further Additional Continuing Appropriations and Other Extensions Act, 2024" would avoid a shutdown by extending government funding through either March 1 or March 8, 2024 depending upon agency. Notably, the bill does not contain border security provisions advocated by conservatives. Oppose is the Limited Government Position as this bill maintains fiscal irresponsibility by kicking the can down the road, while also failing to include the critical border security provision. Lawmakers must rein in the out-of-control spending and $35 trillion in national debt, which, when coupled with the $200 trillion in federal liabilities, represents the greatest existential threat facing this country.

Maintaining Fiscal Irresponsibility through the "Further Additional Continuing Appropriations and Other Extensions Act, 2024" that Fails to Include a Critical Border Security Provision.

Year
2024	—	0.00	0.00	—	33.33	0.00	33.33	0.00	—
2023	0.00	0.00	—	0.00	8.33	25.00	0.00	4.76	0.00
2022	0.00	—	0.00	0.00	0.00	0.00	0.00	0.00	33.33

Year	Score	Role	Party
2024	6.06	Sen	D
2023	7.14	Sen	D
2022	2.56	Sen	D

Ben Ray Lujan

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