H.R. 2454 is an Assault by our Government on American Property Rights

By Jayne D. Frank

After reading several internet reports on the effects of H.R. 2454, the Cap and Trade Bill which the House passed and which is currently in the Senate for consideration, I decided to check out some of the “red flag warnings” that I had read and digest the latest version of the bill itself.  It took me several hours to get through it, but as my stomach ached and my pulse increased with each page of reading, I could not believe what I was reading, as though I was reading of someone else’s country.  I will, further on in this article, keep my focus on the U.S. property owner, but I was stunned at the language that gives preferential monies (taxpayer) for “providing infrastructure related to the delivery of electricity and hot water for structures lacking such amenities and for energy efficiency and energy conserving…” to Puerto Rico, Guam, D.C. Northern Mariana Islands, American Samoa, Trust Territories of the Pacific.”  This to me, alone, is a complete failure of our President to protect and defend the rights of the American citizens who live in the United States, and who voted him in.  Who does this President and this Congress think they are that they can continue to spend billions of taxpayers’ money on “global policy?”

H.R. 2454 is an all-out assault on the property rights of every American, done in the name of “saving our planet.”  Not only is this bill, if passed, going to cost every American taxpayer (except of course the subsidized low income or no income households) approximately $6800 according to the CBO, but more importantly, it will completely eliminate any rights you have as an existing homeowner.  It will also affect the rights of every potential homeowner trying to buy an existing home.  There are a myriad of draconian measures in this bill that will affect every farmer, single family homeowner, apartment or investment property owner, and every commercial and small business  owner.

You must read the bill yourself, because what is intended by this legislation is that the Federal Government alone, by its many EPA and other to-be-established agencies, will have the power over the States, who will in turn have the power over you as an individual (or else they will lose funding). The following is what you can expect if this bill passes.  Keep in mind that since the majority of improvements are made via ordinances and codes for your particular local area, they will all be changed to reflect the Feds requirements under the bill:

  • If you own an existing house, you will not be able to finance anything that will make life more comfortable for your family or increase your property’s market value UNLESS it is an improvement specifically certified to be energy saving.  That new deck or driveway won’t qualify, nor that new finished basement.
  • There are granted within this bill, thousands of Federal and local ENFORCEMENT dollars, and you can expect such code enforcement people to show up at your door, within a year or two after the law has passed, to see if you comply with existing green energy codes.
  • If you are given a second or modification mortgage as an existing homeowner, you will only be given those mortgages if and when you comply with all Federal codes relating to compliance with the new green energy regulations (increased insulation, replacement windows, doors, roof materials, power sources – every structural and mechanical part of your house must comply)
  • If you live in an existing mobile home completed after 1976, you are subject to the same regulations regarding energy efficiency standards as is the person in a stick-built house.
  • If you have a natural disaster, you will only be able to rebuild if you rebuild according to the prescribed regulations
  • Mostly silent, but undisputed, is the fact that if you want to sell your house, you must have upgraded all of your mechanical and structural elements to the new code in order to be able to be certified by an appraiser as “complying.”  Never mind that when the majority of people sell their house today, they need to downsize, they can’t afford their mortgages anymore, they have lost their jobs, or they are just retiring.  None of these situations suggest that people have money to burn let alone have thousands to put into their houses before they can get out of them!
  • H.R. 2454 also devotes many pages of the bill to talking about “trees” being a natural solution or replacement for cooling houses in that they provide shade and give off oxygen.  Isn’t this just a precursor for taking away our air conditioners and mandating that people who prefer to live in a sunny location plant trees around their property?

This legislation calls for “Green Banking Centers” to be established in every FDIC bank and credit union which must comply with the strict regulations in this bill that will either deny people who aren’t going to use money for making “green” improvements or won’t give mortgages to new buyers who want to buy an existing home that doesn’t have a proper “compliance label” on it as set by the Government. At least 10% of any mortgage amount obtained by a borrower must be in the area of “green improvements” or the “green” portion of the house.

This portion of H.R. 2454 gives “the Secretary of HUD superiority of rights over …. rights of any other person with respect to property…,” a clear violation of American’s property rights.

I found it also interesting that included in the bill is language that commands a yearly review of the “effect of this bill on older structure cities…with limited space for new housing.”  Is it Obama and Congress’ intent to eventually level our historic areas and cities to make way for only green housing?

The lack of attention being paid by Americans and the Media to this pending legislation is frightening; it is as costly and detrimental to the American way of life, or more so, than was the healthcare legislation.  It is in the interests of every citizen to keep tracking this legislation, and by all means, protest loudly and boldly in communications with your Senators, in blogs, in newspapers, in meetings and everywhere that your voice can be heard.

One Response

  1. May 12. 2010

    Senator Roger Wicker:

    I thank you for you positive response to my concerns about second amendment issues and you continuing support of firearm rights.

    I contact you today to discuss several issues I feel are of importance.

    First of all the “Cap & Trade” legislation being introduced today by Lieberman and Kerry poses an economic problem for your constituency in Mississippi. This legislation is nothing short of a joke. It’s true intention is to transfer wealth from those who use energy to the Marxist/democrat constituents, i.e., welfare recipients and third world countries. This act will not reduce so called “global warming gases”; it’s our Marxist presidents’ way of spreading the wealth of this nation around the world. Obama is hell bent on destroying this country and this is just another step in that direction.

    If you haven’t already voted against the financial regulation bill, I do urge you to do so. It appears to me to have a not so hidden agenda to establish nothing more than a bailout or slush fund of sorts, which will be used for political purposes.

    Speaking of financial reform and bailouts, I would like to see legislation that would no longer allow Fannie and Freddie Mac to be quasi government agencies. Break them up and sell them off to the highest bidders and no more government bailouts.

    Finally the issue of Kagan, the presidents’ choice for the Supreme Court. While I do not think it will be possible to keep another liberal of the court, I think we need to make sure that the nominees are not at best socialist and at worst out and out Marxist. Kagan’s ideology is dangerous and she could provide forty years of the continued undermining of our Constitution.

    I thank you for considering the issues of my correspondence.


    Frank Heuser

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