Tommy Tuberville urges Supreme Court to rule Consumer Financial Protection Bureau’s funding structure unconstitutional
On Tuesday, U.S. Senator Tommy Tuberville joined Senator and presidential candidate Tim Scott in filing an amicus curiae brief to the U.S. Supreme Court in Consumer Financial Protection Bureau, et al., v. Community Financial Services Association of America, Limited, et al. The brief urges the Court to uphold the Fifth Circuit’s decision that the Consumer Financial Protection Bureau’s (CFPB) funding structure is unconstitutional and to make the Bureau’s funding subject to congressional appropriations. The brief states, “The Court need not determine which particular aspect of the CFPB’s funding scheme is the most problematic. This is the easy case. The CFPB ‘is in an entirely different league’ from other entities when it comes to its insulation from Congress… to the point that the CFPB currently operates as ‘a sort of junior-varsity Congress’ setting its own funding levels in perpetuity… Such insulation means that Congress itself is not determining the CFPB’s funding. The Court should affirm the judgment below, which will return the matter of the CFPB’s funding to the normal political and legislative channels, as Article I and the Appropriations Clause require.” Sen. Tuberville represents Alabama on the Senate Committee on Banking, Housing, and Urban Affairs, where Sen. Scott is the Ranking Member. Tuberville and Scott were joined in the brief by Chairman Patrick McHenry (R-North Carolina) of the House Financial Services Committee; Representative Andy Barr (R-Kentucky), the Chairman of the Subcommittee on Financial Institutions and Monetary Policy, and Representative Bill Huizenga (R-Michigan), the Chairman of the Subcommittee on Oversight and Investigations in a bicameral group of 132 members of Congress. “Thankfully, our government has a system of checks and balances, one of which includes congressional oversight and the power of the purse—appropriations,” Sen. Scott said. “In these important and trusted roles, we analyze and scrutinize the executive branch’s actions on behalf of the American taxpayer, so that the voices of the country’s citizens are heard and their viewpoints reflected. Unfortunately, the Consumer Financial Protection Bureau—or the CFPB—is a notable exception. It is not accountable to Congress or the American taxpayer through the appropriations process, and it routinely and brazenly acts outside of the scope of its authority.” Then U.S. Sen. Richard Shelby raised similar constitutional concerns over the independent funding mechanism of the CFPB when he was in office, and the Obama Administration created the CPFB. “For years, I have argued that supporters of Dodd-Frank sacrificed our Constitution in the name of bureaucratic independence,” Shelby stated. “While the court’s ruling today is a victory for accountability, it is meaningless without a President who is willing to rein in the unmatched authority of the CFPB’s Director.” Sen. Shelby concluded, “That is why it is critical for the Bureau to be subject to the congressional appropriations process and governed by a board of directors. Only then will Congress have the ability to conduct meaningful oversight to ensure that the CFPB is truly accountable.” Tommy Tuberville was elected to the Senate in 2020. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Jerry Carl and Barry Moore call on Homeland Security Secretary Alejandro Mayorkas to resign
U.S. Reps. Jerry Carl, Barry Moore, and 44 GOP colleagues sent a letter to Department of Homeland Security Secretary Alejandro Mayorkas, calling on him to resign. The group blames Mayorkas for the current border situation. According to Rep. Andy Barr (KY), under Mayorkas’ leadership, the Remain in Mexico Policy is largely ignored, despite court orders to restore the program. Additionally, border apprehensions have more than tripled over FY 2020, while deportations have dropped by 70%. FY2021 saw over 100,000 fentanyl overdose deaths, and border agents have apprehended over 11,000 pounds of fentanyl at the border in FY 2021. During Donald Trump’s presidency, the Remain in Mexico policy required tens of thousands of migrants seeking asylum in the U.S. to turn back to Mexico. It was meant to discourage asylum seekers, but critics said it denied people the legal right to seek protection in the U.S. The letter states, “In light of recent reports displaying your failure to execute the primary mission of the Department of Homeland Security (DHS) to secure our nation from its many threats through your inability and refusal to enforce the immigration laws, we call on you to resign as Secretary of Homeland Security.” The letter also states that Border Patrol agents are not feeling supported by Mayorkas. “A leaked recording from a recent meeting in Yuma, Arizona, confirmed the dwindling confidence Border Patrol agents have in the Department and its Secretary. In the recording, you acknowledged those agents are doing tasks outside of their job description and that their job is continually demonized. Additionally, they asserted that they feel no support from their Secretary. You have admitted to making border Patrol agents’ jobs more difficult, yet do nothing to ameliorate that problem. Instead, you make it exponentially harder for agents to do their job by implementing Biden administration directives that go against their Congressionally-mandated responsibilities.” In a statement, Rep. Carl argued that Mayorkas had put the U.S. at risk. “The primary mission of Homeland Security is to keep our nation safe and secure from threats, but Secretary Mayorkas has utterly failed to execute this mission. Because of Secretary Mayorkas’ failures, hundreds of thousands of immigrants are attempting to cross our southern border every single month. “Many of these migrants are bringing crime and illegal drugs with them, and this is making America FAR less safe. My colleagues and I are calling for Secretary Mayorkas to immediately resign and for President Biden to finally get serious about fixing the crisis at our border.” Additional Members of the House of Representatives who signed the letter are Andy Barr (KY), Brian Babin (TX), Andy Biggs (AZ), Tom Tiffany (WI), Tom Rice (SC), Marjorie Taylor Greene (GA), Clay Higgins (LA), Yvette Herrell (NM), Bob Good (VA), Lauren Boebert (CO), Scott Perry (PA), Ronny L. Jackson (TX), Glenn Grothman (WI), Louie Gohmert (TX), Randy Weber (TX), Mary Miller (IL), Barry Loudermilk (GA), Doug LaMalfa (CA), Chris Jacobs (NY), Dan Bishop (NC), Tim Burchett (TN), Ben Cline (VA), Matthew Rosendale, Sr. (MT), Victoria Spartz (IN), Diana Harshbarger (TN), Cliff Bentz (OR), Jack Bergman (MI), Debbie Lesko (AZ), Roger Williams (TX), Bob Gibbs (OH), Byron Donalds (FL), Lisa McClain (MI), Bill Posey (FL), Madison Cawthorn (NC), Greg Murphy (NC), Ralph Norman (SC), Chip Roy (TX), John Rose (TN), August Pfluger (TX), Doug Lamborn (CO), Beth Van Duyne (TX), Carlos Giménez (FL), and Russ Fulcher (ID).
Congressman Mike Rogers joins colleauges to voice concern over safety of Olympic athletes in China
Congressman Mike Rogers joined China Task Force Chairman Michael McCaul and House Republican Leader Kevin McCarthy in sending a letter to Board Chair of the U.S. Olympic & Paralympic Committee (USOPC) Susanne Lyons. The letter expresses concern and the importance of ensuring U.S. Olympians are educated on how to stay safe during the Olympics. Additionally, they commented on the Chinese Communist Party’s (CCP) gross human rights abuses, including genocide. The letter specifically asks that Olympians are informated on how to keep themselves safe. The Beijing Organizing Committee and the CCP has made clear that they will have an unprecedented level of control over the athletes. The letter also asks that the USOPC prepare athletes with the knowledge they need about their rights while in China and also requests an explanation of what steps have been taken to ensure the safety of athletes who may exercise their freedom of speech. “The United States Olympic and Paralympic Committee (USOPC) has a responsibility to ensure our athletes are prepared for these unprecedented Olympic games,” the lawmakers wrote. “Congress legislatively empowered the USOPC with the exclusive privilege of representing the United States in the Olympic community. American values are a core part of the USOPC’s Congressional charter, including a duty to ‘promote a safe environment in sports.’ In recent weeks, Congress has acted to further increase the preparedness and safety of American athletes representing the United States in human rights-violating countries, by codifying the American Values and Security in International Athletics Act.” The Republican-led China Task Force aims to help reinforce Congressional efforts to counter current and emerging cross-jurisdictional threats from China. The letter was also signed by China Task Force Members Reps. Andy Barr (R-KY), Liz Cheney (R-WY), Mike Gallagher (R-WI), Michael Waltz (R-FL), Darin LaHood (R-IL), Guy Reschenthaler (R-PA), Chris Stewart (R-UT), Neal Dunn (R-FL), Mark Green (R-TN), Mike Garcia (R-CA), Austin Scott (R-GA), Diana Harshbarger (R-TN), and Young Kim (R-CA). Rogers stated on Twitter, “The abhorrent reality of the Olympics occurring in a genocidal state will leave a permanent stain on the legacy of Beining 2022 and the International Olympic Committee.” The full text of the letter is below: Dear Chair Lyons, The 2022 Winter Olympic Games in Beijing will be the first Olympic games to take place in a country that is conducting an ongoing genocide. Therefore, these games are an unprecedented threat to American values, inalienable human rights, and the spirit of the Olympics. It is vital that our athletes arrive fully informed about the reality of the genocide occurring in China, as well as the broad range of other human rights abuses and malign actions committed by the Chinese government and Communist Party. The United States Olympic and Paralympic Committee (USOPC) has a responsibility to ensure our athletes are prepared for these unprecedented Olympic games. Congress legislatively empowered the USOPC with the exclusive privilege of representing the United States in the Olympic community. American values are a core part of the USOPC’s Congressional charter, including a duty to “promote a safe environment in sports.”1 In recent weeks, Congress has acted to further increase the preparedness and safety of American athletes representing the United States in human rights-violating countries, by codifying the American Values and Security in International Athletics Act2. The abhorrent reality of the Olympics occurring in a genocidal state will leave a permanent stain on the legacy of Beijing 2022 and the International Olympic Committee. The USOPC has a responsibility to ensure our athletes know that Congress and the Administration have designated the Chinese Communist Party’s crimes against Uyghurs as genocide, a term the U.S. government reserves for history’s most grave human rights atrocities. Over one million Uyghurs and members of other religious and ethnic minorities have been forced into concentration camps, been subject to abusive brainwashing and political indoctrination, have had their families forcibly separated, have been put to forced labor, and have been subject to sexual violence and efforts to reduce their population’s birth rate. We also remain seriously concerned that the American delegation to Beijing may be unprepared for personal security risks, particularly for individuals who exercise their freedom of speech. The “closed loop management system” enforced by the Beijing Organizing Committee – allegedly in response to the pandemic – will give the Chinese government an unprecedented level of control over international athletes, while at the same time hindering access by the U.S. State Department. The Department has been forthright that its consular access to athletes in need remains uncertain, and that the entirety of its China Travel Advisory applies to the games, including major threats of arbitrary detention “for sending private electronic messages critical of the PRC government,” a lack of due process, and the use of propaganda campaigns to target U.S. citizens. These risks are very likely to be heightened given the Chinese government’s total control inside the “closed loop” and the pervasive surveillance the CCP demands over events prioritized in its external propaganda efforts. This week, a Beijing Organizing Committee official issued a veiled threat to those who would speak out, saying “Any behavior or speech that is against the Olympic spirit, especially against the Chinese laws and regulations, are also subject to certain punishment.” Public statements from yourself and other USOPC officials acknowledge the danger, but sadly such statements indicate that our athletes are being encouraged to self-censor: “The laws of China are distinct and different… The expectation is we abide by the rules of that country.” Rather than push American athletes to follow the CCP’s party line, the USOPC should empower Team USA with the resources to understand the human rights crisis they face when representing our country in China and take action to ensure their safety. We urge you in the strongest terms to ensure that Team USA is fully informed about the human rights situation in China, including its ongoing genocide, and request that you reply with: An explanation of USOPC’s efforts to educate American participants in Beijing 2022 about the Chinese Communist Party’s malign actions including its
Jerry Carl supports bill to allow flexibility in spending COVID-19 funds
Congressman Jerry Carl announced he has co-sponsored a bipartisan bill to give state and local officials flexibility and time to spend the remainder of COVID-19 relief dollars. The State, Local, Tribal, and Territorial Fiscal Recovery, Infrastructure, and Disaster Relief Flexibility Act, introduced by Reps. Dusty Johnson and Carolyn Bourdeaux, aims to make various infrastructure investments eligible for payment with these funds. The legislation recently passed the U.S. Senate unanimously. Under the CARES Act, Congress did provide some flexibility for how COVID-19 funds could be spent, but the funds were not able to be used for infrastructure projects. This bill will give state and local officials additional flexibility and time to spend the remaining COVID-19 relief dollars responsibly. Carl supports the effort to add infrastructure spending as part of the COVID funding. Carl said in a statement, “South Alabama has a desperate need for investments in true infrastructure such as roads, bridges, ports, waterways, and broadband. As a former county commissioner, investing in our nation’s infrastructure is a top priority for me, so I’m proud to cosponsor this bipartisan bill to give states like Alabama the flexibility they need to spend unused COVID-19 relief dollars on critical investments in our nation’s infrastructure. “Unfortunately, Nancy Pelosi is holding the American people hostage by blocking this bill from being considered on the House floor. Despite passing the U.S. Senate unanimously and being introduced in the House by a large, bipartisan group, Nancy Pelosi is focused on raising our taxes, bankrupting America, and playing political games. It’s time to put the American people first and pass this bipartisan, commonsense bill.” South Dakota congressman Dusty Johnson posted on Twitter, “We need to cut the federal red tape. State governments need flexibility to administer remaining COVID-19 relief funds for critical infrastructure. Our bill would make that a reality & it’s already passed the Senate. Congress can get it done.” This legislation is cosponsored by Reps. Steve Scalise, Henry Cuellar, Rick Allen, Suzan DelBene, David Rouzer, Marilyn Strickland, Randy K. Weber, Jared Huffman, Steven Palazzo, Sanford D. Bishop, Jr., Andy Barr, Joseph Morelle, Dan Meuser, Albio Sires, Carlos A. Gimenez, Antonio Delgado, David B. McKinley, Kim Schrier, Peter Meijer, Darren Soto, Chris Pappas, Rick Crawford, Betty McCollum, William Timmons, Josh Gottheimer, Brad Wenstrup, Derek Kilmer, Don Young, and Tom O’Halleran.
