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 to Garland: Investigate schools with ties to Chinese communists

Washington, D.C. — Senator Tom Cotton (R-Arkansas), along with seven of his colleagues, today sent a letter to Attorney General Merrick Garland to urge him to investigate cases of American institutions of higher education having ties to the Chinese Communist Party (CCP). In addition to investigating the current cases, the senators asked AG Garland for written responses on how the Department of Justice is working to mitigate the threat the CCP poses to the U.S. education system.

Senators Pete Ricketts (R-Nebraska), Rick Scott (R-Florida), Eric Schmitt (R-Missouri), Cynthia Lummis (R-Wyoming), Joni Ernst (R-Iowa), Marsha Blackburn (R-Tennessee), and Thom Tillis (R-North Carolina) co-signed the letter.

In part, the senators wrote:

“Undisclosed and unmonitored financial relationships between U.S. academia and the CCP are glaring national security risks. Such relationships leave the U.S. vulnerable to intellectual property theft, improper influence, and even espionage. It is imperative that DOJ take additional steps to swiftly address this concern.”

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

August 5, 2024 

The Honorable Merrick Garland
U.S. Department of Justice
950 Pennsylvania Ave., N.W.
Washington, DC 20530

Dear Attorney General Garland,

We write regarding reports that American institutions of higher education (IHEs) are failing to disclose financial ties with the Chinese Communist Party (CCP). Efforts to conceal CCP attempts to influence American students and steal intellectual property threaten our national security.

The Department of Justice (DOJ) has disclosed multiple cases where U.S. universities collaborated illegally with the CCP. On July 16, 2024, the U.S. Attorney’s office for the District of Maryland announced that the University of Maryland paid $500,000 to resolve allegations that it violated the False Claims Act by failing to disclose funding from Chinese companies, including Alibaba. On October 2, 2023, the same office announced that Stanford University paid $1.9 million to resolve allegations related to faculty’s ties with the CCP. In both cases, the universities knowingly defrauded federal agencies critical to national security.

Undisclosed and unmonitored financial relationships between U.S. academia and the CCP are glaring national security risks. Such relationships leave the U.S. vulnerable to intellectual property theft, improper influence, and even espionage. It is imperative that DOJ take additional steps to swiftly address this concern.

For those reason, please answer the following questions by September 2, 2024.

1. Has the frequency of IHEs committing False Claims Act violations as result of failing to disclose funding from CCP-affiliated entities increased since January 1, 2020?

2. What is the current assessment of the threats posed to American students and federal research initiatives by CCP involvement?

3. What steps does the DOJ take to mitigate CCP attempts to influence the U.S. education system?

4. How does the DOJ work with the rest of the interagency, including the Department of Defense, to evaluate and mitigate these threats?

Thank you for your prompt attention to this important matter.

Sincerely,

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. 

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.

Cotton, Colleagues to Biden: Hosting Iraqi Prime Minister is Inappropriate, Undermines Israel

Washington, D.C. — Senator Tom Cotton (R-Arkansas) and 7 of his congressional colleagues today sent a letter to President Joe Biden to express their deep concern with the White House’s plan to host Iraqi Prime Minister Mohammed Shia al-Sudani in April.

The letter notes that President Biden’s decision to meet with Prime Minister al-Sudani at this time sends the message that the Biden administration is more interested in appeasing Iran than supporting Israel defeat Hamas. The planned visit will occur even as Iraq continues to fund numerous terror groups and remains under significant Iranian influence.

Co-signing the letter were Senator Ted Budd (R-North Carolina), Senator Bill Hagerty (R-Tennessee), Senator Rick Scott (R-Florida), Congressman Jake Ellzey (Texas-06), Congressman French Hill (Arkansas-02), Congressman Mike Turner (Ohio-10), and Congressman Mike Waltz (Florida-06). 

Text of the letter may be found here and below.

March 28, 2024

President Joseph R. Biden
The White House,
1600 Pennsylvania Avenue NW
Washington, DC 20502

Dear President Biden,

We write to express our deep concern with your invitation to host Iraqi Prime Minister Mohammed Shia al-Sudani to the White House in April. 

Hosting the Iraqi Prime Minister, especially while failing to meet with leaders of some of our most trusted partners in the region, amplifies the message of your ongoing campaign to undermine Israeli Prime Minister Netanyahu: The Biden administration is interested in appeasing Iran, not supporting our allies. 

The Iraqi government remains under significant Iranian influence, and the Iraqi government provides some $3 billion per year to the Iran-backed Popular Mobilization Forces militias, including four U.S.-designated terrorist groups. These militias have attacked Americans and Kurdistan over 180 times just since October 7, 2023, resulting in three American servicemember deaths and over 100 casualties. Yet you continue granting sanctions waivers to the Iraqi government to import Iranian electricity and natural gas, all while using U.S. dollars transferred to Iraq from the Federal Reserve. And while you invite the Iraqi Prime Minister to visit Washington, you have refused to meet with Kurdistan Prime Minister Masrour Barzani, a critical partner and the host of the most U.S. forces in the region. 

The Iraqi government is actively working with Tehran against our Kurdish allies, including cutting off government funds and closing the Iraq-Turkey Pipeline, which represents most of Kurdistan’s economy. You should focus on reducing Iranian influence in Iraq and shoring up support for our partners in Kurdistan. As a precondition of any visit by Prime Minister al-Sudani, you should require the immediate reopening of the Iraq-Turkey Pipeline so that the Kurdistan Region is able to export oil and U.S. public and private financing are no longer threatened by Tehran’s influence in Baghdad. You should also require that the Iraqi government resume funding for the Kurdistan Region, the immediate sale of Kurdistan crude already at the Ceyhan port, and a full cycle of oil sales and payments to Kurdistan and its oil investors. Finally, you should not allow further U.S. dollar transfers to Iraq until the Treasury Department certifies that such transfers do not benefit the Iranian regime or its proxies.

Your appeasement of Iran has endangered American national security and weakened our relationship with our allies. While the corrective actions outlined here will not undo the damage you’ve caused, they represent an important first step.  Thank you for your attention to this important matter.

Sincerely,