Boozman, Cramer, Capito and colleagues file bicameral amicus brief to overturn FHWA’s unlawful rmissions rule

WASHINGTON – U.S. Senators John Boozman (R-AR), Kevin Cramer (R-ND) and Committee on Environment and Public Works Ranking Member Shelley Moore Capito (R-WV) led 27 of their colleagues in filing a bicameral amicus brief in the U.S. Court of Appeals for the Sixth Circuit opposing a final rule from the Federal Highway Administration (FHWA) that requires state departments of transportation and metropolitan planning organizations to measure greenhouse gas (GHG) emissions on the highway system and set declining targets for those GHG emissions. The brief requests that the Court uphold the April 2024, U.S. District Court decision finding that Congress did not grant the FHWA the authority to issue the rule.

The brief argues Congress explicitly debated providing the FHWA the necessary authority to issue this rule, but decided against doing so in the Infrastructure Investment and Jobs Act. The FHWA then intentionally misconstrued congressional intent and used unrelated statutory authorities to attempt to justify issuing its GHG performance measure rule. The lawmakers also contend the rulemaking is inconsistent with recent Supreme Court decisions paring back executive branch overreach, and that FHWA is ignoring principles of federalism at the expense of state governments to further its own policy agenda.

“Congress considered, and ultimately rejected, providing [FHWA] with the authority to issue a GHG performance measure regulation, but [FHWA] contorted ancillary existing authorities to impose one anyway,” the members argued. “In doing so, [FHWA] impermissibly usurped the Legislative Branch’s authority and promulgated the GHG performance measure without statutory authority delegated by Congress.” 

“Put simply, when [FHWA] established a GHG performance measure regulation, it exceeded the powers Congress authorized. And it did so both at the expense of separation of powers and in violation of the Administrative Procedure Act,” the members continued. 

Senate Republican Leader Mitch McConnell (R-KY) and Senators John Barrasso (R-WY), Mike Braun (R-IN), Katie Britt (R-AL), Ted Cruz (R-TX), Mike Crapo (R-ID), Steve Daines (R-MT), Joni Ernst (R-IA), Deb Fischer (R-NE), Lindsey Graham (R-SC), John Hoeven (R-ND), Cindy Hyde-Smith (R-MS), Cynthia Lummis (R-WY), Roger Marshall, M.D. (R-KS), Markwayne Mullin (R-OK), Pete Ricketts (R-NE), Jim Risch (R-ID), Mike Rounds (R-SD), Marco Rubio (R-FL), Rick Scott (R-FL), Tim Scott (R-SC), Dan Sullivan (R-AK), John Thune (R-SD), Tommy Tuberville (R-AL) and Roger Wicker (R-MS) – as well as U.S. Representatives Sam Graves (R-MO-06), Chairman of the Transportation and Infrastructure Committee, and Rick Crawford (R-AR-01), Chairman of the Highways and Transit Subcommittee – also cosigned the brief. 

Full text of the amicus brief is available here.

Background:

Shortly after the rule was finalized, 21 state attorneys general, including Arkansas, filed litigation challenging the regulation. The U.S. District Court found the Biden administration rule to be illegal, but FHWA appealed the decision to the Sixth Circuit Court of Appeals and it remains under further consideration. 

In April of this year, the U.S. Senate approved a Congressional Review Act (CRA) joint resolution of disapproval overturning the rule by a vote of 53-47. The bipartisan measure was led by Cramer and cosponsored by Boozman, Ranking Member Capito and dozens of their colleagues.

Cotton, Scott, Colleagues introduce bill to sanction Palestinian leadership and institutions that reward terrorism

Washington, D.C. — Senator Tom Cotton (R-Arkansas) and Senator Tim Scott (R-South Carolina) today introduced the PLO and PA Terror Payments Accountability Act, legislation that would impose sanctions on foreign persons and entities that provide payments to Palestinian terrorists and the families of terrorists as part of the Palestine Liberation Organization (PLO) and Palestinian Authority’s (PA) system of terror compensation. 

Senators Ted Cruz (R-Texas), Pete Ricketts (R-Nebraska), Ted Budd (R-North Carolina), Eric Schmitt (R-Missouri), Marco Rubio (R-Florida), Bill Hagerty (R-Tennessee), Kevin Cramer (R-North Dakota), Dan Sullivan (R-Alaska), Rick Scott (R-Florida), John Cornyn (R-Texas), and Lindsey Graham (R-South Carolina) are cosponsoring the legislation. Congressmen Mike Lawler (New York-17) and Doug Lamborn (Colorado-05) are introducing bipartisan companion legislation in the House with 27 cosponsors.

“The Palestinian Authority and the Palestine Liberation Organization continue to support terrorism against Israel by providing hundreds of millions of dollars per year in their reprehensible ‘pay-for-slay’ program. Anti-Semitic Palestinian terrorists know they can expect payment as a reward for killing Israelis and Americans–with thousands of Palestinian terrorists tied to October 7 eligible for these terror payments. Our bill will ensure that the PA, PLO and their institutions that reward acts of terrorism are punished,” said Senator Cotton.

“For years, the Palestinian Authority has incentivized brutal attacks against Israelis—and even American citizens—through its horrific 'pay for slay' policies. Strong words and failed negotiations aren’t enough to stop these acts of terror. We need to actually use the authorities at our disposal to impose real economic pain against those who support and facilitate so-called 'martyr payments,' and I am proud to partner with Senator Cotton and our Republican colleagues to do just that,” said Senator Scott.

Text of the bill may be found here.

The PLO and PA Terror Payments Accountability Act would impose sanctions on:

• Foreign persons who serve as an employee of the PLO and PA that has facilitated the payments, provided payments themselves, or knowingly provided significant financial, technological, or material support and resources as part of the PLO and PA’s system of compensation supporting acts of terrorism. 

• Entities that facilitate the PLO and PA system of compensation supporting acts of terrorism including the Commission of Prisoners and Released Prisoners, the Institute for the Care of the Families of the Martyrs and the Wounded, the Palestine National Fund, and National Association of the Families of the Martyrs of Palestine.

• Foreign financial institutions that participate in a financial transaction that is part of the PLO and PA’s system of compensation supporting acts of terrorism. 

Attempt to limit Arkansas PBS spending authority fails

KUAR | By Daniel Breen

Arkansas lawmakers have voted down an attempt to limit the spending authority of the state’s public television network.

Members of the Joint Budget Committee spent nearly an hour Thursday debating whether or not to cut Arkansas PBS’ cash appropriation by 20%, from just under $9 million to just over $7 million. The broadcaster would have needed approval from the Performance Evaluation and Expenditure Review (PEER) Subcommittee of the Arkansas Legislative Council to spend beyond that amount. The agency’s entire budget totals just over $15 million.

The proposal was presented as an amendment to Arkansas PBS’ budget for the upcoming fiscal year. The amendment’s author, Sen. Dan Sullivan, R-Jonesboro, said lawmakers should monitor the agency’s spending more closely given the results of a recent audit revealing questionable spending practices.

Attempt to limit Arkansas PBS spending authority fails

John Sykes/Arkansas Advocate

An attempt to limit the spending authority of Arkansas PBS failed in a legislative committee Thursday.

Cotton, Sullivan, Colleagues to Austin: NATO is Not a Charity

Washington, D.C. — Senator Tom Cotton (R-Arkansas), along with Senator Dan Sullivan (R-Alaska) and 20 of their Senate Republican colleagues, today sent a letter to Secretary of Defense Lloyd Austin requesting an update on how the Department of Defense evaluates U.S. activities as they relate to North Atlantic Treaty Organization (NATO) members’ defense expenditures, in compliance with the requirement in the FY24 NDAA.

Co-signing the letter were Senators Rick Scott (R-Florida), Marsha Blackburn (R-Tennessee), Joni Ernst (R-Iowa), Ted Budd (R-North Carolina), Kevin Cramer (R-North Dakota), Pete Ricketts (R-Nebraska), Mike Braun (R-Indiana), Ted Cruz (R-Texas), John Hoeven (R-North Dakota), Katie Britt (R-Alabama), Jerry Moran (R-Kansas), James Lankford (R-Oklahoma), Bill Hagerty (R-Tennessee), Marco Rubio (R-Florida), Tim Scott (R-South Carolina), Deb Fischer (R-Nebraska), Cynthia Lummis (R-Wyoming), Mike Rounds (R-South Dakota), Lindsey Graham (R-South Carolina), and Josh Hawley (R-Missouri).

In part, the senators wrote:

“NATO is not a charity; it’s a military alliance. All NATO members must bear a meaningful share of the burdens of collective defense.”

Full text of the letter may be found here and below.

April 4, 2024

The Honorable Lloyd J. Austin III
Secretary of Defense?
1000 Defense Pentagon
Washington, D.C. 20301-1000

Dear Mr. Secretary,

We write to you inquiring how the Department of Defense is implementing Section 1250 of the Fiscal Year 2024 National Defense Authorization Act (NDAA). This provision of law requires you to consider whether a NATO partner “has achieved defense spending of not less than 2 percent of its gross domestic product” when weighing decisions related to U.S. military basing, training, and exercises within the alliance.

We are committed to the historic NATO alliance and are encouraged that NATO countries collectively increased defense spending by 11% in 2023. However, a total of only 11 out of 32 NATO countries presently meet their defense spending commitments under the 2014 Wales and 2023 Vilnius Summit Declarations. According to optimistic estimates, 18 NATO nations are expected to meet their defense spending commitments this year. This means that barely half of NATO members will meet the deadline to increase defense spending to a minimum of two percent of gross domestic product—a deadline that was self-imposed and agreed to by unanimous consent.

Many wealthy NATO members have chronically shortchanged their own militaries and relied on other members of the alliance, particularly the United States, to make the investments necessary to achieve collective defense. The United States cannot be expected to satisfy its financial obligation if other NATO members are unwilling or unable to do the same. Our government must hold these allies accountable and Section 1250 of the FY24 NDAA is an important step in that direction.

NATO is not a charity; it’s a military alliance. All NATO members must bear a meaningful share of the burdens of collective defense.

We therefore request an update no later than April 25 on how the Department of Defense evaluates U.S. activities as they relate to NATO members’ defense expenditures, in compliance with the requirement in the FY24 NDAA.

We appreciate your attention to this important matter.

 Sincerely,

Arkansas Senate narrowly passes bill to end state affirmative action programs

KUAR | By Sonny Albarado / Arkansas Advocate

State Sen. Dan Sullivan’s bill to “end state-sponsored discrimination” squeaked through the Senate on Thursday by a single vote.

Senate Bill 71 now goes to the House for consideration. The bill, which passed the Senate 18-12, prohibits state and local government agencies, including schools and universities, from taking into consideration race, sex, color, ethnicity or national origin in employment, public education and procurement matters. Violating its provisions would be a Class A misdemeanor.

The Jonesboro Republican said his legislation makes everyone equal, “and we’re going to determine what equal means based on your merit, not those other qualities.”

https://www.ualrpublicradio.org/local-regional-news/2023-03-10/arkansas-senate-narrowly-passes-bill-to-end-state-affirmative-action-programs

Tess Vrbin/Arkansas Advocate

Arkansas state Sen. Dan Sullivan (R-Jonesboro) defended his bill to end "state-sponsored discrimination" in the Senate on Thursday, March 9, 2023. This shows him testifying on another bill in February.

Arkansas bill could regulate, criminalize librarians who harbor ‘obscene’ materials

KUAR | By Josie Lenora

A bill advanced by the Arkansas Senate Judiciary Committee Monday could criminalize library employees who “distribute obscene materials,” and require schools to create a committee to review challenged books.

Contrary to state law, Senate Bill 81 would also allow parents to look at their children's book checkout history. Republican Sen. Dan Sullivan, the bill’s sponsor, said he felt it was a common-sense measure.

“We don't let kids smoke we don't let kids drink, we don't let them drive,” he said. “This book seeks to add library material that's inappropriate to that list of things.”

https://www.ualrpublicradio.org/local-regional-news/2023-02-20/arkansas-bill-could-regulate-criminalize-librarians-who-harbor-obscene-materials

Chris Hickey/KUAR News

A bill advanced by a legislative committee Monday could put criminal penalties on librarians in Arkansas who provide "obscene" materials.

Controversial bills move forward in legislature

by Roby Brock (roby@talkbusiness.net)

State senators moved two controversial bills forward in the Senate Judiciary Committee on Monday (Feb. 20).

SB 199, by Sen. Gary Stubblefield, R-Branch, creates a “private right of action” allowing people to sue individual healthcare providers after receiving transgender medical treatment if they can prove “injury.” The bill was amended to shorten the period of time for a civil action to be filed from 30 years to 15 years. Senate Judiciary members, who have previously approved the bill, moved it forward again to the full Senate.

The majority of the committee’s time was spent debating SB 81, by Sen. Dan Sullivan, R-Jonesboro. His bill would create a system for local oversight of materials available at public and school libraries. On Monday, Sullivan amended his bill to remove language that he said would clarify if someone intentionally violated a decision made by a review board.

https://talkbusiness.net/2023/02/controversial-bills-move-forward-in-legislature/

Arkansas Lawmakers Advance Bill Dissolving State Medical Board

By STEVE BRAWNER / TALK BUSINESS & POLITICS

The Senate Public Health, Welfare and Labor Committee advanced a bill Wednesday that would dissolve the State Medical Board at the end of this year and let House and Senate leaders each appoint one-third of its members.

Senate Bill 570 by Sen. Dan Sullivan, R-Jonesboro, would end the terms of each of the members of the Arkansas State Medical Board by Dec. 31. They would be replaced or reappointed by that date.

The governor, Senate president pro tempore, and speaker of the House each would appoint five members. The governor currently appoints all the members of the panel that oversees the state’s medical community and licensing.

https://www.ualrpublicradio.org/post/arkansas-lawmakers-advance-bill-dissolving-state-medical-board

CREDIT PIXABAY / WIKIMEDIA COMMONS