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. 

Governor Sanders, Sen. Cotton speak to RNC on Tuesday

by Roby Brock (roby@talkbusiness.net)

On a night dedicated to law and order and toughness on crime, Republican convention-goers heard from a plethora of 2020 and 2024 Presidential candidates and two high-profile Arkansas politicians mentioned as future candidates for higher office.

Florida Gov. Ron DeSantis, Florida U.S. Sen. Marco Rubio, former United Nations Ambassador and former South Carolina Gov. Nikki Haley, former U.S. Housing Secretary Ben Carson, and Vivek Ramaswamy all took the stage to unite behind the Republican Presidential nominee, former President Donald Trump.

Carson was one of the few speakers to reference Trump’s recent convictions in New York on a case under appeal involving hush money payments to adult film star Stormy Daniels. Carson also noted the dismissal of a Florida special counsel case involving Trump’s handling of classified documents.

Governor Sanders, Sen. Cotton speak to RNC on Tuesday

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.

Cotton, Colleagues introduce bill to repeal Biden Administration’s Arms Embargo on Israel

Washington, D.C. — Senator Tom Cotton (R-Arkansas) today introduced the Israel Security Assistance Support Act, legislation that would force the Biden administration to send critical weapons to Israel. The bill comes after President Biden announced that his administration would withhold certain weapons from Israel if it conducted a full-scale ground invasion of Rafah in Gaza.

Senators John Barrasso (R-Wyoming), Katie Britt (R-Alabama), Ted Budd (R-North Carolina), Kevin Cramer (R-North Dakota), Mike Crapo (R-Idaho), Ted Cruz (R-Texas), Steve Daines (R-Montana), Joni Ernst (R-Iowa), Deb Fischer (R-Nebraska), Lindsey Graham (R-South Carolina), Josh Hawley (R-Missouri), John Hoeven (R-North Dakota), Cindy Hyde-Smith (R-Mississippi), John Kennedy (R-Louisiana), James Lankford (R-Oklahoma), Cynthia Lummis (R-Wyoming), Roger Marshall (R-Kansas), Pete Ricketts (R-Nebraska), Marco Rubio (R-Florida), Rick Scott (R-Florida), Dan Sullivan (R-Alaska), and Thom Tillis (R-North Carolina) are co-sponsors of the legislation. Congressman Ken Calvert (California-41) introduced companion legislation in the House.

“President Biden’s decision to impose a de facto arms embargo on Israel is a betrayal of one of our most important allies as it fights an existential war for survival. This bill will reverse Joe Biden’s arms embargo and withhold the salaries of officials who implement it,” said Senator Cotton.

“President Biden’s decision to withhold a portion of the Israel security aid just passed by an overwhelming and bipartisan majority of Congress projects the very weakness that has become a trademark of his presidency. If President Biden will not release these weapons, Congress must act to enforce the United States’ support for Israel in its efforts to eliminate Hamas. I thank Senator Cotton for his steadfast support for Israel and introduction of The Israel Security Assistance Support Act in the Senate,” said Congressman Calvert.

Bill text may be found here.

The Israel Security Assistance Support Act would:

• Force the Biden administration to complete the delivery of weapons to Israel.

• Cancel the salaries of any Biden administration official at the Department of Defense or Department of State who take any action to withhold the delivery of weapons to Israel.

Boozman, Rubio call on DoD to prioritize Defense Industrial Base needs

U.S. Senator John Boozman (R-AR) joined Sen. Marco Rubio (R-FL) and a bipartisan group of senators calling on the DoD to prioritize funding for industrial base renewal in its upcoming Fiscal Year 2025 budget request.

WASHINGTON – The U.S. Department of Defense (DoD)’s recently released National Defense Industrial Strategy (NDIS) points to some of the most significant challenges impacting the U.S. defense industrial base.  

In a letter to DoD Secretary Lloyd Austin the senators asked how the following challenges will be addressed:

• “The NDIS confirms what many observers have warned: since the end of the Cold War, our military’s ability to produce critical materiel, including commodities, basic munitions, and advanced weapons systems, has eroded.  

• As the NDIS states, ‘America’s economic security and national security are mutually reinforcing and, ultimately, the nation’s military strength depends in part on our overall economic strength.’”

In addition to Boozman and Rubio, the letter was also signed by Senators Rick Scott (R-FL), Richard Blumenthal (D-CT), Jacky Rosen (D-NV), Markwayne Mullin (R-OK), Mark Kelly (D-AZ) and Kyrsten Sinema (I-AZ).   

The full text of the letter is here and below. 

Dear Secretary Austin:

We write with regards to the U.S. Department of Defense (DoD)’s recently released National Defense Industrial Strategy (NDIS), which calls for “generational change” to rebuild a resilient U.S. industrial base capable of meeting the threat from the People’s Republic of China (PRC). Reforms to the defense industrial base are needed to ensure our country is ready for the competition that will define the 21st century. Now, the DoD and Congress must prioritize this mission and chart a clear path forward. We expect defense-industrial base renewal to be included in the DoD’s funding requests in the upcoming Fiscal Year 2025 (FY25) budget request.

The NDIS confirms what many observers have warned: since the end of the Cold War, our military’s ability to produce critical materiel, including commodities, basic munitions, and advanced weapons systems, has eroded. This erosion has many causes, including consolidation in the defense industrial base, historically low defense spending as a share of the economy, and a decades-long shift in strategy from great-power competition to lower-intensity counter-insurgency. The decline of the U.S. defense industrial base coincided with the deterioration of the broader commercial industrial base, due to the failure of U.S. officials to prioritize manufacturing and protect our businesses from the aggressive policies of adversaries like the PRC. As the NDIS states, “America’s economic security and national security are mutually reinforcing and, ultimately, the nation’s military strength depends in part on our overall economic strength.”

The problems with our industrial base were exposed and worsened by the COVID-19 pandemic. These challenges were apparent in nearly every industry, from the lack of skilled personnel and investment in the submarine industrial base, to reliance on raw materials produced in the PRC for the U.S. military’s most advanced jets. The NDIS notes the unacceptable extent of our dependence on the PRC for vital materials. It is a tragedy that our nation’s security currently depends on a communist government that the DoD identifies as our “pacing threat” and that is actively working to undermine our military readiness, steal our technology, and destroy our way of life. The United States won protracted wars in the last century by overwhelming our enemies with materiel produced by the world’s largest industrial base. Now the tables have turned. 

The NDIS outlines several worthwhile ideas to restore the defense industrial base, many of which will require additional or altered budget authority. These ideas include diversifying the supplier base, investing in new production methods, and targeting development of critical skill sets in the domestic workforce. Further, the NDIS highlights the need for a cost-effective industrial ecosystem as cost overruns and delayed delivery timelines have hampered our ability to deliver the capability to the warfighter. I/we are committed to working with DoD on tangible steps to accomplish these priorities.

The NDIS notes the need for flexible acquisition planning, while enhancing economic security and integrated deterrence. The report recognizes that flexible acquisition planning can incentivize small businesses and non-traditional suppliers to work closely with DoD. Additionally, DoD must ensure that its current partners receive reliable and sustained support to ensure the partnership remains productive for both DoD and industry. The NDIS recognizes industry’s concerns and reiterates that DoD will seek to ensure acquisition strategies to consider the “health, capacity, and capability of the domestic manufacturing base,” and send clear demand signals to suppliers.  Clear demand signals should bolster DoD’s ability to work with industry on necessary aspects of deterrence like mobilization planning, stockpiling, and economic security arrangements with partners and allies.

As we consider the DoD’s FY25 budget request, the NDIS should serve as a rallying cry for Congress and the DoD to enact changes to the defense industrial base with urgency. As such, we expect that the DoD’s policy and funding requests will reflect the dire challenges outlined in the NDIS. To help us legislate effectively to this end, we request answers to the following questions. For each question, please note any authorities and appropriations DoD requires to accomplish this goal.

1. How does DoD track funding that has been spent on contracts over cost and/or incurred additional costs due to contracts running behind schedule?

2. How and when is DoD planning to define the requirements and set the conditions for potential mobilization, as mentioned in the NDIS, in order to address critical needs in potential crises? 

3. What does DoD need to identify and rectify supply-chain dependencies on the PRC?

4. What is DoD doing to forecast the materiel that would be needed in the event of a protracted war, and to assess the industrial base’s ability to supply that materiel?

5. What is DoD doing to stockpile commodities, munitions, and spare parts sufficient to supply our military between the start of a protracted war and the full mobilization of the industrial base?

6. After the DoD achieves greater visibility on its supplier base, how does it plan to address the risks of components with single suppliers?

We appreciate your attention to this important issue. 

Sincerely,