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. 

Cotton, Colleagues to Garland: Terminate DOJ Official Who Committed Perjury

Washington, D.C. — Senator Tom Cotton (R-Arkansas) led nine of his Senate Judiciary Committee colleagues today in sending a letter to Attorney General Merrick Garland, urging him to terminate Kristen Clarke, the Department of Justice’s (DOJ) Assistant Attorney General for Civil Rights. The senators detailed how Ms. Clarke committed perjury during the nomination process for her current role by lying to Congress.

Wikimedia Image

Senators Lindsey Graham (R-South Carolina), Marsha Blackburn (R-Tennessee), Josh Hawley (R-Missouri), Mike Lee (R-Utah), Chuck Grassley (R-Iowa), Ted Cruz (R-Texas), Thom Tillis (R-North Carolina), John Kennedy (R-Louisiana), and John Cornyn (R-Texas) co-signed the letter.

In part, the senators wrote:

“During her nomination to her current role, Ms. Clarke was asked if she had ‘ever been arrested for or accused of committing a violent crime against any person.’ Ms. Clarke was unequivocal, responding under oath to the Senate Judiciary Committee, ‘No.’ That was a lie. Ms. Clarke has now admitted that she was arrested in 2006 for attacking and injuring someone with a knife. It has also recently come to light that, shortly before the full Senate voted on her nomination, Ms. Clarke and her publicist contacted the man she attacked in an attempt to cover up her false testimony.”

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

July 12, 2024

The Honorable Merrick Garland
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

Dear Attorney General Garland,

I write regarding an act of perjury committed by Kristen Clarke, Assistant Attorney General for Civil Rights. I call for Ms. Clarke’s immediate termination and removal from office.

During her nomination to her current role, Ms. Clarke was asked if she had “ever been arrested for or accused of committing a violent crime against any person.” Ms. Clarke was unequivocal, responding under oath to the Senate Judiciary Committee, “No.” That was a lie. Ms. Clarke has now admitted that she was arrested in 2006 for attacking and injuring someone with a knife. It has also recently come to light that, shortly before the full Senate voted on her nomination, Ms. Clarke and her publicist contacted the man she attacked in an attempt to cover up her false testimony.

Lying to Congress under oath is a felony.

The last time you were before the Senate Judiciary Committee, you said, “The integrity of our legal system is premised on adherence to the rule of law. In order to have confidence in our Department and in our democracy, the American people must be able to trust that we will adhere to the rule of law in everything that we do.” Ms. Clarke does not meet this standard and must be immediately terminated.

Thank you for your prompt attention to this important matter.

Sincerely,

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, 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,

Boozman, Crapo Urge Biden Administration to Withdraw EV Mandate

WASHINGTON - U.S. Senators John Boozman (R-AR), Mike Crapo (R-ID) and Ted Cruz (R-TX) led a bicameral group of 120 members of Congress in sending a letter to U.S. National Highway Traffic Safety Administration (NHTSA) Deputy Administrator Sophie Shulman calling for the withdrawal of the Biden administration’s proposed Corporate Average Fuel Economy (CAFE) standards for passenger cars and light-duty trucks. The proposed standards, which would require automakers to more than double average fleet-wide fuel economy in less than 10 years, do not comply with federal law, and would effectively mandate the mass production of electric vehicles (EVs) and a phase out of gas-powered cars and trucks.  

“We write to express our deep concern with the National Highway Traffic Safety Administration’s proposed Corporate Average Fuel Economy (CAFE) standards for passenger cars and light trucks, which represent yet another attempt by this administration to use the rulemaking process to impose its climate agenda on American families,” the lawmakers wrote. “NHTSA’s proposed standards, when coupled with the Environmental Protection Agency’s (EPA) distinct, extreme tailpipe emissions proposal, amount to a de facto mandate for electric vehicles (EVs) that threatens to raise costs and restrict consumer choice, harm U.S. businesses, degrade our energy and national security and hand the keys of our automotive industry over to our adversaries, especially China.”

“The proposal issued in July is mere virtue signaling for this administration’s extreme climate agenda, but it would actually have only limited impact on emissions while strengthening foreign adversaries and harming American workers and consumers,” the lawmakers concluded. “We strongly urge NHTSA to drop its attempt at central planning and instead put forth a workable proposal that complies with the law and better serves the American people.”

Click here to read the full letter.

The letter was also signed by Senator Tom Cotton (R-AR) and Congressman Rick Crawford (R-AR).

The lawmakers’ outcry accompanied other elected officials’ pushing back against the EV mandate. Arkansas Governor Sarah Huckabee Sanders joined a group of governors in sending a letter earlier this week to President Biden demanding he scale back the directive.

Industry leaders agree this action will prevent Americans from deciding what vehicles best fit their needs.

“The Biden administration is overseeing a whole-of-government campaign to effectively ban new gas, diesel and flex fuel vehicles,” said President and CEO of the American Fuel & Petrochemical Manufacturers (AFPM) Chet Thompson. “This agenda is bad for American families, bad for our economy and indefensible from a national security perspective. And what’s even more glaring is that both EPA and NHTSA—the agencies spearheading President Biden’s forced electrification agenda—do not have Congressional authorization to regulate internal combustion engine vehicles out of the market. AFPM supports efforts to reduce the carbon intensity of transportation and improve vehicle performance and efficiency for consumers. And unlike the Biden administration’s CAFE proposal, we believe successful, consumer-first policies must encourage real competition among all technologies and powertrains, including American-made, American-grown fuels.

“NHTSA’s proposal, combined with EPA’s proposed tailpipe emissions standards, would result in a de facto ban on the sale of new vehicles using gasoline and other liquid fuels,” said API Executive Vice President & Chief Advocacy Officer Amanda Eversole. “These rules will hurt consumers through potentially higher costs, fewer options and increased reliance on unstable foreign supply chains. 

Boozman is a cosponsor of the Choice in Automobile Retail Sales (CARS) Act to counter the Biden administration’s radical environmental agenda and executive overreach by preventing the implementation of a proposed rule and other regulations that seek to limit consumer vehicle choice.