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, Colleagues introduce bill to repeal tax on certain firearm purchases

Washington, D.C. — Senator Tom Cotton (R-Arkansas) today introduced the Repealing Illegal Freedom and Liberty Excises (RIFLE) Act, legislation that would remove a burdensome tax imposed on firearms regulated under the National Firearms Act.

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Senators John Barrasso (R-Wyoming), Marsha Blackburn (R-Tennessee), John Cornyn (R-Texas), Kevin Cramer (R-North Dakota), Steve Daines (R-Montana), Deb Fischer (R-Nebraska), Cynthia Lummis (R-Wyoming), Roger Marshall (R-Kansas), Markwayne Mullin (R-Oklahoma), Pete Ricketts (R-Nebraska), Marco Rubio (R-Florida), and Rick Scott (R-Florida) are co-sponsors of the legislation. Congresswoman Ashley Hinson (Iowa-02) introduced companion legislation in the House.

“Law-abiding Americans who exercise their Second Amendment rights should not be subject to unnecessary taxes and restrictions preventing them from doing so. Passed into law in 1934, the National Firearms Act needs to be amended. Our legislation will remove the red tape that places an undue financial burden on would-be gun owners,” said Senator Cotton.

“The federal government should not be placing financial barriers on the inalienable rights of Americans. This unconstitutional tax on certain firearm purchases is a direct violation of the Second Amendment and must be repealed. As the Biden Administration and Democrats push proposals that unfairly target law-abiding gun owners, I will continue to stand up for Iowans’ right to keep and bear arms,” said Congresswoman Hinson.

Text of the legislation may be found here.

Background:

• The 1934 National Firearms Act (NFA) regulates short-barreled shotguns and rifles, fully automatic firearms, suppressors, and a catchall category of explosives. In addition to background checks and registration, NFA regulated items have a $200 tax.

• The ATF has acknowledged the tax was intended “to curtail, if not prohibit, transactions” of firearms. The $200 tax, unchanged since 1934, is equivalent to $4,648 in today’s dollars.

• Since 2018, ownership of NFA regulated items have grown by more than 250% as more sportsmen, shooters and firearm enthusiasts exercise their Second Amendment right.

• The RIFLE Act does not modify the current checks and registration; it solely removes the federally mandated financial burden on law-abiding gun owners.

• The legislation is endorsed by the National Rifle Association and the National Shooting Sports Foundation.

Boozman, colleagues urge Senate leadership to advance legislation to protect National Security and support Marshallese and all COFA citizens

WASHINGTON – U.S. Senator John Boozman (R-AR) joined U.S. Senate Energy and Natural Resources Committee Chairman Joe Manchin (D-WV) and Ranking Member John Barrasso (R-WY) in calling on Senate leadership to support legislation renewing the Compacts of Free Association (COFA) with the Republic of the Marshall Islands, the Federated States of Micronesia and the Republic of Palau. 

Boozman is a long-time advocate for restoring access to federal benefits for COFA citizens legally living in the U.S. The largest population of Marshallese in the continental U.S. resides in Springdale, Arkansas.

Last year, the senator introduced the Compact Impact Fairness Act, legislation to renew eligibility for COFA citizens to receive public benefits they are entitled to.  

Congress has built on the foundation of the Boozman-backed legislation and negotiated a plan to renew the agreement, protect U.S. interests in the Pacific and block the People’s Republic of China’s efforts to expand its corrupting influence in the region.  

Boozman, Manchin, Barrasso and a bipartisan group of senators wrote a letter to Senate leaders urging them to advance the legislation. 

In addition to Boozman, Manchin and Barrasso, the letter is signed by Senators Ben Cardin (D-MD), Jim Risch (R-ID), Mazie Hirono (D-HI), Jack Reed (D-RI), Roger Wicker (R-MS), Ron Wyden (D-OR), Jerry Moran (R-KS), Tammy Duckworth (D-IL), Thom Tillis (R-NC), Tim Kaine (D-VA), Todd Young (R-IN), Kirsten Gillibrand (D-NY), Joni Ernst (R-IA), Brian Schatz (D-HI), Dan Sullivan (R-AK), Martin Heinrich (D-NM), Bill Cassidy, M.D. (R-LA), Catherine Cortez Masto (D-NV), Mitt Romney (R-UT), Gary Peters (D-MI), Rick Scott (R-FL), Jeff Merkley (D-OR) and Lisa Murkowski (R-AK). 

Full text of the letter is available here and below: 

Dear Leader Schumer, Leader McConnell, Chair Murray and Ranking Member Collins:

We write in support of legislation to renew the Compacts of Free Association (COFA) with the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau, including in any legislative vehicle.

Our COFA partnerships are critical to U.S. national security. Failure to pass the renegotiated Compacts as soon as possible imperils our relationships with the Freely Associated States and the entire Pacific Island region, who view the COFA as a barometer of the U.S. commitment to the region. They ensure that we, rather than a nation hostile to U.S. interests, maintain strategic control of the Pacific Ocean between Hawaii and the Philippines.

The People’s Republic of China (PRC) is engaged in active efforts to undermine Pacific Island nations’ confidence in the United States. Failure to act on COFA opens the door to more corrupting influence and funding by the PRC in the region. The PRC is pursuing military basing and policing agreements in the region and working to undermine recognition of Taiwan, and exerting corrupting influence in several other countries. Without the COFA agreements, these trends would accelerate.

These unique bilateral agreements are the product of nearly four years of negotiations under two Presidential Administrations, and year-long negotiations across eight primary committees of jurisdiction in the House and Senate and multiple others. The resulting bicameral, bipartisan legislation will secure U.S. national security in the Indo-Pacific for the next two decades.

We ask for your support in moving the COFA package forward with the urgency it requires. Thank you for your attention to this matter.