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WASHINGTON – U.S. Senator Jerry Moran (R-Kan.) today joined U.S. Senator Chuck Grassley (R-Iowa), Chairman of the Senate Judiciary Committee, and 51 Senators in expressing concern for a new proposal that would severely limit access to M855 rifle ammunition, which is primarily used for sporting purposes. This class of ammunition is protected from prohibition under a 1986 Law Enforcement Officer Protection Act exemption. The framework, proposed by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), would set arbitrary guidelines for determining whether certain ammunition meets the 1986 law’s “sporting purposes” exemption. As a result, this could result in limited access to rifle ammunition long considered to be primarily used for activities such as target shooting and hunting.
"Most troubling about the ATF’s proposal is how it intends to judge the ‘likely use’ of M855 ammunition," Sen. Moran said. "The ATF has proposed a blatantly subjective test that will undoubtedly provide them with the results they are looking for to confirm their biases – with no consideration of how this popular sporting ammo is actually used by law-abiding Americans, including many sportsmen and women in Kansas. The ATF’s framework is nothing more than a tool for increased gun restrictions that bypass Congress. I am proud to join Senator Grassley in signing this letter, and I will continue to support Second Amendment freedoms of all Americans."
In a letter to ATF Director Todd Jones, the senators charge that the new framework defies the intent of Congress when it passed the 1986 law. They also question ATF’s authority to establish such a framework and express concern for its impact on Second Amendment rights guaranteed in the Constitution.
“Second Amendment rights require not only access to firearms but to bullets. If law-abiding gun owners cannot obtain rifle ammunition, or face substantial difficulty in finding ammunition available and at reasonable prices because government entities are banning such ammunition, then the Second Amendment is at risk,” the senators wrote.
A signed copy of the letter is available here. Text of the letter is below.
March 9, 2015
The Honorable B. Todd Jones
Director
Bureau of Alcohol, Tobacco, Firearms, and Explosives
99 New York Avenue, N.E.
Washington, DC 20226
Dear Director Jones:
We take issue with the “ATF Framework for Determining Whether Certain Projectiles are ‘Primarily Intended for Sporting Purposes’ Within the Meaning of 18 U.S.C. 921(a)(17)(C),” to which ATF sought comment on February 13, 2015.
Congress in 1986 passed the Law Enforcement Officers Protection Act (LEOPA). It did so to protect law enforcement officers from a particular category of bullets – those that could be fired from handguns and pierce police officers’ body armor. Because rifle ammunition could also pass through police body armor, and some rifle ammunition could be fired from handguns, LEOPA protected common rifle ammunition by exempting from its scope projectiles “which the Attorney General finds [are] primarily intended to be used for sporting purposes.”
The “Framework” does not follow LEOPA. Without any support, it purports to create an “objective” test never before applied for delineating which projectiles are “primarily intended to be used for sporting purposes.” ATF will exempt a “.22 caliber projectile … if the projectile weighs 40 grains or less AND is loaded into a rimfire cartridge,” and will exempt other forms of ammunition if they are “loaded into a cartridge for which the only handgun that is readily available in the ordinary channels of commercial trade is a single shot handgun.” But even if a particular projectile satisfies these novel tests, ATF proposes to “retain[] the discretion to deny any application for a ‘sporting purposes’ exemption if substantial evidence exists that the ammunition is not primarily intended for such purposes.”
ATF would determine what amounts to “substantial evidence” and whether the “ammunition is not primarily intended for [sporting] purposes.” The statute was not enacted to give authority to ATF to do either. In 1986, the sponsors of the legislation were emphatic in stating that ammunition commonly used in rifles for target practice or hunting was not of the type of ammunition that the bill would ban. ATF seems to have decided to ban ammunition types that the law did not ban, then developed from whole cloth an “objective” test to supposedly provide it with the ability to ban the ammunition types it already had selected for prohibition.
Earlier, ATF recognized the proper scope of LEOPA. ATF has always granted an exemption to the M855 5.56 x 45mm cartridge from the LEOPA ban because it recognized that this ammunition fell squarely within the “sporting purposes” test. It did so because factually, as well as legally under the legislative language, such cartridges were and are widely used by millions of law-abiding gun owners for “sporting purposes.” These cartridges are prevalent for one of the most commonly possessed rifles, the AR-15. Congress did not, and did not intend to, ban this form of ammunition.
ATF’s proposed restriction of the M855 cartridge is particularly serious in light of efforts to ban other forms of ammunition. The standards in the “Framework” would make use of ammunition containing materials other than lead more difficult. At the same time, various efforts to ban lead ammunition are proceeding apace. Second Amendment rights require not only access to firearms but to bullets. If law-abiding gun owners cannot obtain rifle ammunition, or face substantial difficulty in finding ammunition available and at reasonable prices because government entities are banning such ammunition, then the Second Amendment is at risk. An outright ban is an even more serious threat to the Second Amendment than the threat to the First Amendment’s protection of free press created by a tax imposed only on voluminous purchases of paper and ink. See Minneapolis Star Tribune Co. v. Commissioner, 460 U.S. 575 (1983).
It is not clear where ATF believes it has obtained the authority to issue general standards interpreting the meaning of “sporting purposes” under LEOPA as opposed to exempting or not exempting particular cartridges. Nevertheless, no federal statute, including LEOPA, interferes with the ability of law-abiding citizens to obtain ammunition commonly used for such legitimate purposes as target shooting, hunting, and shooting competitions. Nor could any such statute do so consistent with the Second Amendment. The “Framework” should not be adopted, and ATF should not propose in the future to ban any widely used form of ammunition used by law-abiding citizens for lawful purposes.
Sincerely,
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Sen. Jerry Moran to Speak at SXSW
2015 SXSW Panel: Politics of Innovation: DC, Tech Working Together
Mar 09 2015
WASHINGTON, D.C. – Today, U.S. Senator Jerry Moran (R-Kan.) announced he will speak at South-by-Southwest Interactive 2015 in Austin, Texas. Sen. Moran’s official SXSWi panel is titled, “Politics of Innovation: DC, Tech Working Together.”
“I look forward to being back at ‘South-by’ to connect with the entrepreneurs and innovators from across America who are creating businesses and bringing new ideas to life,” Sen. Moran said. “This year at SXSW, I will continue to rally support for my Startup Act legislation and seek insight from entrepreneurs about the challenges and opportunities they see ahead. Their technical knowledge and experiences will help drive my technology agenda in the U.S. Senate and educate my colleagues as we tackle critical issues like new business formation and data security.”
What: SXSWi Session: Politics of Innovation: DC, Tech Working Together
When: Saturday, March 14, 2015
9:30-10:30 a.m.
Where:
Omni Downtown
Capital Ballroom
700 San Jacinto
Austin, TX
Sen. Moran has attended SXSW each spring since 2012 where he promotes increased engagement between startups and policymakers in Washington. In 2014, CEA President and CEO Gary Shapiro dubbed Moran, "Mr. Innovation" and described him as "one of the biggest tech entrepreneurship leaders in the U.S. Senate." In 2015, Moran became Chairman of the Senate Commerce Subcommittee with jurisdiction over data security policy.
Past coverage of Sen. Moran at SXSW:
- PandoDaily: Republicans and keg stands: At this year’s SXSW, tech and politics collide
- National Review: Left by left center
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WASHINGTON – This week, U.S. Senator Jerry Moran (R-Kan.), member of the Senate Commerce, Science and Transportation Committee, invited Transportation Secretary Anthony Foxx and Commerce Secretary Penny Pritzker to visit Wichita, Kan., to learn more about the general aviation manufacturing sector in Kansas. Forty percent of all general aviation aircraft are manufactured in Wichita.
Sens. Roberts, Heitkamp and Moran Introduce Bill Providing Ag Industry Relief from Transportation Regulation
Mar 04 2015
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WASHINGTON, D.C. – U.S. Senators Pat Roberts (R-Kan.), Heidi Heitkamp (D-N.D.), and Jerry Moran (R-Kan.) today introduced bi-partisan and bi-cameral legislation eliminating a burdensome regulation that requires agriculture industry professionals to obtain a hazardous material endorsement before transporting diesel fuel critical for a number of agricultural operations. “Our farmers and ranchers work tirelessly to provide the world with the most abundant and safest food supply in the world. The least we can do is remove frivolous government red tape that makes their efforts more onerous.” Roberts said. “Requiring our producers to treat a truck transporting large amounts of diesel fuel in a similar fashion to hauling radioactive material is patently absurd and is simply another example of the federal government’s overly burdensome regulations stifling the rural economy.” “Our farmers in North Dakota and across the country produce the crops that feed the nation, and they should be able to carry out basic functions of their jobs—like transporting their combines—without unnecessary government regulation,” said Heitkamp. “We can do that by lifting undue burdens that cost our farmers and agriculture workers time and money, making it difficult for them to do their jobs each day. That’s why this bipartisan, commonsense legislation would make sure our federal regulators differentiate between farmers and harvesters doing a day’s work in field operations, and a semi-truck hauling crude oil. As a result, our agricultural workers would be able to operate efficiently and have the fuel necessary to harvest their crops.” “As I travel across Kansas visiting with farmers and ranchers, regulatory overreach by the federal government is often cited as the greatest threat to our agriculture producers,” Sen. Moran said. “Those who work in the agriculture industry shouldn’t be forced to jump through hoops just to haul the necessary quantities of diesel required to fuel their operations. This common sense legislation would eliminate a burdensome regulation that adds unnecessary costs for farmers and ranchers and harms rural Kansas.” The Senators’ legislation exempts agribusiness participants from the requirement to obtain a hazardous material endorsement, while operating a service vehicle carrying diesel fuel in quantities of 1,000 gallons or less, if the tank containing diesel fuel is clearly marked. Exempted parties include all custom harvesters, agriculture retailers, agriculture business employees, agriculture cooperative employees, or agriculture producers who hold a Class A Commercial Driver’s License (CDL). Congressman Randy Neugebauer (R-Texas) and Congressman Collin Peterson (D-Minn.) are introducing companion legislation in the House of Representatives. The bill is also endorsed by the Agricultural & Food Transporters Conference, American Retailers Association, the American Farm Bureau Federation, the American Soybean Association, the Association of Equipment Manufacturers, Calmer Corn Heads, the Kansas Association of Wheat Growers, the Kanas Cooperative Council, the Kansas Corn Growers Association, the Kansas Grain Sorghum Producers Association, Kansas Soybean Association, National Association of Wheat Growers, National Barely Growers Association, National Corn Growers Association, National Sorghum Producers, National Sunflower Association, SD Wheat Incorporated, U.S. Canola Association, U.S. Custom Harvesters, Inc., U.S. Dry Bean Council, and the USA Dry Pea and Lentil Council. Under current regulations, any driver transporting more than 119 gallons of diesel fuel is required to obtain a Hazardous Materials endorsement on their Class A CDL. -30- |
WASHINGTON – U.S. Senator Jerry Moran (R-Kan.), member of the Senate Commerce, Science and Transportation Committee, recently sponsored bipartisan legislation to support pilots and general aviation. Over the past 10 years, 60,000 pilots have left the general aviation industry. Sen. Moran joined several of his Senate colleagues in introducing two bipartisan bills to help reverse this troubling trend – the General Aviation Pilot Protection Act and the Pilots Bill of Rights 2.
“These common-sense bills will allow general aviation to grow and prosper while providing vital protections to pilots and aircraft operators,” Sen. Moran said. “I am proud to be an original cosponsor of the General Aviation Pilot Protection Act and the Pilots Bill of Rights 2, two important steps toward ensuring a brighter future for general aviation.”
For many pilots, the current process of obtaining a third-class medical certificate has become burdensome and expensive, while providing very little benefit to the industry. The General Aviation Pilot Protection Act of 2015 (S. 573), introduced by U.S. Senator John Boozman (R-Ark.), extends the 2004 Federal Aviation Administration (FAA) sport pilot rule to include slightly larger aircraft, provided certain safety requirements.
The Pilot’s Bill of Rights 2 (S. 571), introduced by U.S. Senator Jim Inhofe (R-Okla.), would expand the third-class medical exemption for recreational pilots and broaden the protections provided in the original Pilot’s Bill of Rights, which was signed into law in 2012. In addition, S. 571 represents a significant improvement in the due process rights and liability protections for volunteer pilots by ensuring certificate holders have the right to appeal FAA decisions through a new, merit-based trial in Federal Court.
General aviation is the largest industry in Kansas, generating nearly $3 billion in annual exports and manufacturing 40 percent of all general aviation planes.
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WASHINGTON – Today, U.S. Senator Jerry Moran (R-Kan.), member of the Senate Committee on Commerce, Science, and Transportation, questioned Secretary of Transportation Anthony Foxx at a hearing to discuss FY 2016 budget priorities for the U.S. Department of Commerce and U.S. Department of Transportation.
WASHINGTON – Today, U.S. Senator Jerry Moran (R-Kan.), member of the Senate Veterans’ Affairs Committee, sponsored bipartisan legislation led by U.S. Senators Claire McCaskill (D-Mo.) and Kelly Ayotte (R-N.H.) that would rescind bonuses paid to Department of Veterans Affairs (VA) employees who were involved in the manipulation of electronic waitlists. The House of Representatives passed a similar bill on Monday.
“VA personnel should be accountable for their actions – otherwise the current culture of manipulation will remain,” Sen. Moran said. “This legislation will help make certain that those who put veterans’ lives at risk will be held responsible and return bonuses they unjustly collected. I believe Kansas VA medical centers and CBOCs are filled with good, hard-working people who want to care for veterans by providing quality health care. But revelations of failures within the VA system demonstrate what can happen when bureaucracy gets in the way of an organization’s mission.”
The VA used wait-time metrics as a factor in determining employee bonuses, which incentivized some VA employees to maximize their bonus payments by using secret waitlists to artificially inflate compliance data. According to one report, employees at the Phoenix VA hospital received approximately $10 million in bonuses since 2011, while simultaneously using secret waitlists to hide delays in patients receiving care. In addition, the VA paid out $278 million in bonuses in 2013, millions of which went to employees in facilities being investigated for wait list manipulations.
The bill directs the VA Secretary to require employees who received bonuses in 2011 or later to repay those bonuses if they were involved in the deliberate manipulation of electronic wait lists. The employees’ superiors are also required to pay back bonuses if they knew, or reasonably should have known, of their subordinates’ purposeful omission of the names of veterans from electronic waitlists. The bill requires the VA Secretary to identify these VA employees through reports issued by the department’s Inspector General.
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WASHINGTON – U.S. Senator Jerry Moran (R-Kan.) recently sponsored legislation (S. 607) to extend the Rural Community Hospital Demonstration Program – an important Medicare initiative that helps certain rural hospitals in sparsely populated states expand care to patients in their communities open. Currently, 23 small, rural hospitals participate in the program including four in Kansas – Mercy Hospital Fort Scott in Fort Scott, Kan.; Mercy Hospital Independence in Independence, Kan.; Geary Community Hospital in Junction City, Kan.; and Bob Wilson Memorial Hospital in Ulysses, Kan.
“Making certain Kansans have access to quality health care in their home communities is one of my top priorities,” Sen. Moran said. “This legislation will enable the Kansas hospitals currently utilizing the Rural Community Hospital Demonstration to continue receiving Medicare reimbursements that more accurately reflect the true cost of providing care to their patients. To preserve medical access for Kansans and strengthen our communities, health care professionals must receive appropriate reimbursement for the care they provide.”
Initiated in 2004, the Rural Community Hospital Demonstration Program was a five-year program created to help rural hospitals in the country’s 10 most sparsely populated states. The program was renewed for another five years in 2010 and expanded to include 20 of the most sparsely populated states. This program, which is budget neutral, enables participating hospitals to test the feasibility and advisability of a cost-based payment model for acute-care inpatient services. Eligible hospitals must be located in a rural area and within one of the 20 most sparsely populated states. It must also have fewer than 51 inpatient beds, must offer 24-hour emergency care services, and is not eligible for designation as a Community Access Hospital.
Kansas was not initially selected as one of the states to participate in the program. In October 2009 when Sen. Moran was serving in the U.S. House of Representatives, he introduced the Enhanced Rural Health Care Extension Act (H.R. 3806) to extend the Rural Community Hospital Program and allow Kansas hospitals to be considered for participation in the program.
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Sens. Moran, Inhofe Lead Freshman Senators in Telling White House Senate Opposition to U.N. Arms Trade Treaty Remains Strong
A group of 55 U.S. Senators have now voiced their opposition to ratification of the U.N. ATT and have told President Obama that the Senate will not be bound by its obligations.
Mar 03 2015
WASHINGTON, D.C. – Today, U.S. Senators Jerry Moran (R-Kan.) and Jim Inhofe (R-Okla.) announced the support of 12 freshman Senators in joining the Senate’s strong opposition to the U.N. Arms Trade Treaty (ATT). A group of 55 U.S. Senators have now voiced their opposition to ratification of the U.N. ATT and told President Obama that the Senate will not be bound by its obligations. The letter sent to the President today and signed by the 12 new Republican Senators builds on the opposition voiced by a bipartisan group of 50 U.S. Senators in 2013 when the Administration signed the U.N. ATT in direct disregard of the Senate’s declared intent to reject ratification. Every member of the Senate Republican Conference has now voiced their opposition to the U.N. ATT.
“Throughout this process, it has been disturbing to watch the Administration reverse U.S. policies, abandon its own ‘red line’ negotiation principles, admit publicly the treaty’s dangerous ambiguity, and hastily review the final treaty text,” Sen. Moran said. “The Senate opposition to this Treaty in the 114th Congress remains strong and continues to grow. I am proud to lead the new Senate majority in fighting to uphold the fundamental individual rights of Americans by reiterating our rejection of the ATT.”
“The entire Senate Republican Caucus in the 114th Congress is now on record as opposing the U.N. Arms Trade Treaty,” Sen. Inhofe said. “Despite this clear opposition, the president continues to mislead the U.N. by keeping the United States as a signatory nation of a treaty the Senate will not ratify. As threats to our security and that of our allies continues to grow, serious questions surround the treaty regarding its implementation and its effect on our ability to aid and arm our allies, and raises serious concerns regarding our Second Amendment rights. I will continue to work with my colleagues to prevent ratification and ensure our ability to defend ourselves and our allies.”
In the original 2013 letter to the President, the Senators outlined the six reasons why they will not give advice and consent to the treaty, and are therefore not bound to uphold the treaty’s object and purpose. Today all twelve freshmen Republican Senators have added their signatures to support the effort in opposition of the ATT.
“On October 15, 2013, fifty of our Senate colleagues wrote to you, summarizing the six reasons why they could not give their advice and consent to this treaty. We share their concerns, and we join with them in urging you to notify the treaty depository that the United States does not intend to ratify the Arms Trade Treaty and is therefore not bound by its obligations,” the 12 freshman Republican Senators wrote to President Obama.
The six reasons for opposing ratification of the ATT include:
- The treaty failed to achieve consensus, and was adopted by majority vote in the U.N. General Assembly. This violates the red line drawn by the Obama Administration;
- The treaty allows amendments by a three-quarters majority vote, circumventing the power and duty of the U.S. Senate to provide its advice and consent on treaty commitments before they are assumed by the United States;
- The treaty includes only a weak non-binding reference to the lawful ownership, use of, and trade in firearms, and recognizes none of these activities, much less individual self-defense, as fundamental individual rights. This poses a threat to the Second Amendment;
- The State Department has acknowledged that the treaty is “ambiguous.” By becoming party to the treaty, the U.S. would therefore be accepting commitments that are inherently unclear;
- The criteria at the heart of the treaty are vague and easily politicized. They violate the right of the American people, under the Constitution, to freely govern themselves. The language restricts the ability of the United States to conduct its own foreign policy and allows foreign sources of authority to impose judgment or control upon the United States; and
- The State Department has acknowledged that the treaty includes language that could hinder the United States from fulfilling its strategic, legal and moral commitments to provide arms to key allies such as the Republic of China (Taiwan) and the State of Israel.
The letter sent to the White House today is signed by 12 freshman Republican Senators, including: Shelly Moore Capito (R-W.Va.), Bill Cassidy (R-La.), Tom Cotton (R-Ark.), Steve Daines (R-Mont.), Joni Ernst (R-Iowa), Cory Gardner (R-Colo.), James Lankford (R-Okla.), David Perdue (R-Ga.), Mike Rounds (R-S.D.), Ben Sasse (R-Neb.), Dan Sullivan (R-Alaska) and Thom Tillis (R-N.C.).
Please click below to view the letter to the president, or find the full text below:
March 2, 2015
President Barack Obama
1600 Pennsylvania Avenue, NW
Washington, DC 20500
Dear President Obama:
We write to express our opposition to the Arms Trade Treaty, and to join the bipartisan majority in the United States Senate that is already committed to opposing its ratification.
On October 15, 2013, fifty of our Senate colleagues wrote to you, summarizing the six reasons why they could not give their advice and consent to this treaty. We share their concerns, and we join with them in urging you to notify the treaty depository that the United States does not intend to ratify the Arms Trade Treaty and is therefore not bound by its obligations.
As members of the Senate, we pledge to oppose the ratification of this treaty, and we give notice that we do not regard the United States as bound to uphold its object and purpose.
We appreciate your consideration on this issue and look forward to your response.
Sincerely,
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WASHINGTON – U.S. Senator Jerry Moran (R-Kan.) today joined Roger Wicker (R-Miss.) and Pat Roberts (R-Kan.) today in introducing key legislation to enact a permanent, government-wide prohibition of taxpayer funding for abortion. Currently, similar policies, such as the Hyde Amendment, require annual passage and do not apply to Obamacare.
The No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act also includes a provision championed by Senator Roberts requiring all health insurance plans offered by Obamacare exchanges to disclose coverage of elective abortion procedures and the abortion surcharge embedded into abortion-covering plans.
“Life is precious and deserves our respect and protection,” Sen. Moran said. “I have serious concerns that Obamacare is forcing millions of Americans to violate their religious beliefs by making it difficult to discern whether the health care plans offered on the Obamacare exchanges cover abortion procedures. This legislation would not only make it illegal for taxpayer dollars to be used to fund the end of innocent human life, but would also make certain consumers can make informed health insurance choices that conform to their moral beliefs.”
The legislation is the Senate companion to H.R. 7, authored by Representative Chris Smith, R-N.J., and Dan Lipinski, D-Ill. That bill passed the House by a vote of 242-179 on January 22, 2015.
Existing laws that would also be made permanent under the No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act include the Smith FEHBP amendment (which prohibits funding for elective abortion coverage for federal employees) and the Dornan amendment (which prohibits use of congressionally appropriated funds for abortion in the District of Columbia).
Last year, the nonpartisan Government Accountability Office issued a report showing that taxpayer dollars paid for more than 1,000 health insurance plans that included elective abortion.
The bill is supported by the National Right to Life, the Family Research Council, the Susan B. Anthony List, Americans United for Life, March for Life, and U.S. Conference of Catholic Bishops, among others.
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