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WASHINGTON – U.S. Senator Jerry Moran (R-Kan.) this week introduced legislation honoring those who have made the ultimate sacrifice while serving our nation in the Army’s First Infantry Division. This bill authorizes these fallen soldiers’ names to be added to the First Division Moment located on White House grounds in Washington, D.C. The First Infantry Division was established in 1917 and has been on continuous active duty for more than 100 years.
“Since 1917, Big Red One soldiers have fought bravely to protect our nation from global threats and preserve freedom for all,” said Sen. Moran. “I am pleased to introduce legislation that will honor all fallen BRO soldiers at the monument that memorializes their sacrifice. As the Big Red One motto states: ‘No Mission Too Difficult, No Sacrifice Too Great, Duty First!’ I am proud to represent Fort Riley and work with the Society of the First Division on this effort.”
The First Division Monument was developed by the Society of the First Division to honor the heroic efforts of those who fought in World War I. Additions have since been made to commemorate soldiers from the First Infantry Division who lost their lives in World War II, the Vietnam War and Desert Storm. Future additions will honor members of the First Infantry Division killed in Operation Iraqi Freedom and New Dawn, Operation Enduring Freedom and future U.S. operations.
Item to note:
- U.S. Representative Roger Marshall (KS-01) last month introduced companion legislation in the House of Representatives.
- Last year, the Senate passed a resolution introduced by Sens. Moran and Pat Roberts (R-Kan.) to commemorate the Big Red One’s 100th Anniversary.
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Sen. Moran Floor Comments on S.J. Res 57
Apr 18 2018
WASHINGTON – U.S. Senator Jerry Moran (R-Kan.) – member of the Senate Committee on Banking, Housing, and Urban Affairs – today applauded Senate passage of his resolution of disapproval (S.J. Res. 57) under the Congressional Review Act to (CRA) undo an overstep by the Consumer Financial Protection Bureau (CFPB) to regulate car loans issued at auto dealerships. At issue is a 2013 guidance document on “indirect auto loans” – financing offered to a consumer through an automobile dealer, instead of directly from a consumer’s bank or credit union – issued by the CFPB.
In the 2010 Dodd-Frank financial reform law creating the CFPB, Congress specifically prohibited the new agency from regulating auto dealers; however, in 2013 the CFPB found a way around the ban. Without going through the customary rulemaking and public input processes, the CFPB published a “bulletin,” which has threatened auto dealers’ ability to negotiate the terms of these loans with their customers and has been used to sanction auto-financing companies.
“Congress is the link between the American people and the federal government, and this CRA effort is about making certain the form and function of the federal government is accountable to the American people,” said Sen. Moran on the Senate floor today. “All members of Congress ought to be committed to conducting oversight over the rest of the federal government – failure on the part of Congress to hold federal agencies to account when they stray from their statutory and Congressionally-intended jurisdiction means that de-facto legislation will be originated in the executive branch. Kansans hold me to account for the actions I take in Washington, D.C. on their behalf; in return, they expect me to hold other components of their government to account.”
“The CFPB wrongly used its over-reaching indirect auto-lending guidance as an enforcement weapon, proceeding down the path of an aggressive enforcement action in search of ‘market-tipping settlements,’” continued Sen. Moran. “Congress must reassert its role in policy-making and provide some stability to the auto-lending marketplace to provide lower costs for all car purchasers. I will continue to use the position that Kansans have entrusted to me to make certain that I am representing their interests in Washington, D.C., and I look forward to the House quickly passing and the president signing this CRA.”
To ensure agencies adhere to congressional intent, the CRA requires any rule to be transmitted to Congress for review. The CFPB never satisfied this statutory requirement despite the significant ramifications of a back-door regulation aimed at auto dealers. The Government Accountability Office (GAO) last year reviewed the CFPB’s bulletin and concluded that it qualified as a rule under the CRA, thereby making it eligible for rollback by simple majority vote in Congress.
S.J. Res. 57 is supported by the National Automobile Dealers Association, the Alliance of Automobile Manufacturers, the National RV Dealers Association, the National Independent Automobile Dealers Association, the Recreation Vehicle Industry Association, the American International Automobile Dealers Association, the National Auto Action Association, the Motorcycle Industry Council, the U.S. Chamber of Commerce, the American Financial Services Association, the Independent Community Bankers of America, the American Bankers Association, the American Financial Services Association, the Credit Union National Association and the National Federation of Independent Business.
Item to Note:
- Sen. Moran yesterday spoke on the Senate floor in support of S.J. Res 57 and today spoke on the Senate floor in favor of Congress reasserting its role in policy-making in relation to S.J. Res 57.
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WASHINGTON – U.S. Senators Jerry Moran (R-Kan.) and Richard Blumenthal (D-Conn.) – chairman and ranking member of the Subcommittee on Consumer Protection, Product Safety, Insurance, and Data Security – released the following statement after their hearing on “Olympic Abuse: The Role of National Governing Bodies in Protecting Our Athletes” today:
“We are grateful to these athletes today who shared their experiences with our committee. There are systemic failings that need to be addressed, not just with admonitions but with meaningful reforms. This committee is committed to making change and determining which flaws exist in the system so that these athletes’ experiences are not replicated in anyone else’s life. We will continue to work with these athletes as our investigation progresses to make certain their testimonies are used to protect the next generation looking to achieve success representing our nation.”
Item to Note:
- On May 22, 2018, Sens. Moran and Blumenthal will hold their next subcommittee hearing regarding this investigation. Further details to come.
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WASHINGTON – The Senate voted today to begin consideration to undo an overstep by the Consumer Financial Protection Bureau (CFPB) to regulate car loans issued at auto dealerships. The measure, formally known as a resolution of disapproval (S.J. Res. 57) under the Congressional Review Act (CRA), is being offered by U.S. Senators Jerry Moran (R-Kan.) and Pat Toomey (R-Pa.). At issue is a 2013 guidance document on “indirect auto loans” issued by the CFPB. An indirect loan is financing offered to a consumer through an automobile dealer, instead of directly from a consumer’s bank or credit union.
In the 2010 Dodd-Frank financial reform law creating the CFPB, Congress specifically prohibited the new agency from regulating auto dealers. However, in 2013 the CFPB found a way around the ban. Without going through the customary rulemaking and public input processes, the CFPB published a “bulletin” which threatens auto dealers’ ability to negotiate the terms of these loans with their customers and has been used to sanction auto financing companies.
“An ill-advised Obama-era auto-lending rule issued by the CFPB missed the mark on both process and substance,” said Senator Moran. “This resolution of disapproval provides Congress the opportunity to reverse this overreaching rule to return a sense of stability to the auto marketplace, ultimately providing a path to lower costs for all car purchasers. I encourage my colleagues on both sides of the aisle to support this resolution.”
At the request of Senator Toomey, the Government Accountability Office (GAO) last year reviewed the CFPB’s guidance and concluded that it qualified as a rule under the CRA, thereby making the bulletin eligible to be rolled back by simple majority vote in Congress. To ensure agencies adhere to congressional intent, the CRA requires any rule to be transmitted to Congress for review. The CFPB never satisfied this statutory requirement despite the significant ramifications of a back-door regulation aimed at auto dealers.
“The CFPB, under Richard Cordray, frequently overstepped its authority while snubbing Congress and the public in the process. This auto lending guidance is an example,” said Senator Toomey. “I appreciate the GAO’s decision in this matter and encourage my colleagues to support this CRA resolution.”
In 2015, similar legislation to S.J.Res.57 that would have repealed the guidance was overwhelmingly approved by the U.S. House of Representatives, with 88 Democrats supporting passage.
“S.J.Res. 57 continues the bipartisan effort that began years ago to preserve the ability of local dealerships to offer discounted auto loans to their customers, and we thank Senator Toomey and Senator Moran for their leadership on this issue,” said Peter Welch, President and CEO of the National Automobile Dealers Association (NADA). “America’s franchised auto dealers strongly believe that every customer deserves to be treated fairly, and that there is no room for discrimination of any kind in auto retailing -- period. This is a narrowly tailored resolution that in no way modifies or affects the enforcement of any fair credit laws or regulations. But it does take the important step of ensuring that consumer discounts in auto lending are safeguarded for every consumer.”
In no way does the CRA resolution impact or amend the Equal Credit Opportunity Act. Companion legislation to S.J. Res. 57 also exists in the House (H.J. Res. 132).
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WASHINGTON – U.S. Senator Jerry Moran (R-Kan.) issued the following statement regarding the passing of Former First Lady Barbara Bush:
“Barbara Bush was a kind and gracious person who had the ability to make her views known and respected. She was a First Lady who made immense contributions to our nation and made Americans proud. May she rest in peace.”
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Sen. Moran Calls on Sec. Mnuchin to Use Postal Service Reform Act as Blueprint for Task Force Discussions
Apr 17 2018
WASHINGTON – U.S. Senator Jerry Moran (R-Kan.) today sent a letter to Secretary of the Treasury Steven Mnuchin encouraging the administration’s special task force on postal reform to consider his bipartisan Postal Service Reform Act of 2018 during its upcoming negotiations. Sen. Moran last month introduced the bipartisan legislation to stabilize, preserve and improve the Postal Service – an essential part of our nation’s infrastructure and economy.
“The Postal Service is a $1.7 trillion industry and employs over seven million people; however, it has been forced to make cuts to its operations while reporting net operating losses for 11 years in a row,” Sen. Moran wrote. “To solve these issues, the Postal Service needs a sustainable path forward that relieves financial pressure while protecting taxpayers from a future bailout… The Postal Service Reform Act preserves service quality and access requirements that Americans have come to rely upon. The Postal Service can only find its way out of its current financial situation with more and better quality service.”
Full text of the letter is below and available here.
April 17, 2018
The Honorable Steven Mnuchin
Secretary of the Treasury
U.S. Department of the Treasury
1500 Pennsylvania Avenue, N.W.
Washington, DC 20220
Secretary Mnuchin:
I appreciate the administration’s commitment to dedicating time and resources to the sustainability of the United States Postal Service through the creation of a special task force. Changes to postal service and rates significantly impact our nation’s economy and have an amplified impact on small towns and rural communities across America. To address the root causes of the Postal Service’s current financial state, I worked with my colleagues to draft the Postal Service Reform Act, a finely tuned piece of legislation crafted with and for customers and stakeholders while avoiding a taxpayer-funded bailout. I request that you review this piece of legislation and use it as a blueprint for your work.
The Postal Service is a $1.7 trillion industry and employs over seven million people; however, it has been forced to make cuts to its operations while reporting net operating losses for 11 years in a row. The downturn of the Postal Service’s financial stability is caused by a decline in volume and revenue of mail as well as the statutory requirement that the Postal Service prefunds its future retirees’ health benefits 75 years into the future – a standard not imposed on the Postal Service’s competition.
To solve these issues, the Postal Service needs a sustainable path forward that relieves financial pressure while protecting taxpayers from a future bailout. The Postal Service Reform Act presents a plan that achieves this by changing the prefunding payment schedule and requiring postal employees to enroll in Medicare. The bill also gives the Postal Service flexibility to generate income by, among other things, allowing the shipment of beer, wine, and spirits.
The Postal Service Reform Act preserves service quality and access requirements that Americans have come to rely upon. The Postal Service can only find its way out of its current financial situation with more and better quality service. Mandatory six-day delivery keeps our economy going and helps ensure the survival of small towns and rural communities. Post office closures and facility consolidation have already made a negative impact in these areas. We ought to mitigate this damage with assurances that service levels will remain consistent.
I appreciate your attention to these issues and the attention given to rural areas and small towns, in particular in the Executive Order establishing your task force. Promoting a sustainable and fiscally healthy Postal Service is crucial to individuals and businesses of all sizes. The Postal Service Reform Act is a piece of legislation that achieves our shared goals, which will prevent damaging rate increases, lower quality of service, and an additional burden on taxpayers.
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WASHINGTON – U.S. Senator Jerry Moran (R-Kan.) and U.S. Representative Roger Marshall (KS-01) this week led a bipartisan group of colleagues in calling on Director of the National Guard Lieutenant General Timothy J. Kadavy to support the Military Funeral Honors (MFH) program after the Army Guard announced its intention to eliminate MFH coordinator positions in eight states and to consolidate operations through other state coordinators. U.S. Senator Pat Roberts (R-Kan.) and U.S. Representatives Lynn Jenkins (KS-02), Kevin Yoder (KS-03) and Ron Estes (KS-04) all signed the letter.
“Providing professional military funeral honors to our veterans is a service tradition that demonstrates our nation’s gratitude to those who have faithfully defended and protected our country,” the members wrote. “We were disappointed to learn that earlier this year, the NGB announced a plan to eliminate the MFH coordinator positions in eight states (ID, KS, ME, NH, RI, WY, SD, and WV) based on the recommendations of a 2016 Army Auditing Agency (AAA) audit that does not take into account the totality of coordinator responsibilities we have outlined. Eliminating these positions provides no tangible benefit to the NGB and would negatively impact the Department’s ability to properly perform the statutory requirement of providing military funeral honors to veterans in these states.”
The letter was also signed by U.S. Senators Mike Crapo (R-Idaho), Jim Risch (R-Idaho), Joe Manchin (D-W.Va.), Shelley Moore Capito (R-W.Va.), Mike Rounds (R-S.D.) and U.S. Representative Alex Mooney (WV-02).
Full text of the letter is below and available here.
April 13, 2018
Lieutenant General Timothy J. Kadavy
Director, Army National Guard
National Guard Bureau
111 S. George Mason Drive
Arlington, VA 22204
Dear LTG Kadavy,
We write to respectfully request your support for the Military Funeral Honors (MFH) program and coordinator resourcing in each state National Guard. As you consider proper resourcing to administer the MFH program, we believe that each state National Guard must be allocated at least one MFH coordinator and states with increased workload should receive additional resources as the National Guard Bureau (NGB) determines appropriate.
Providing professional military funeral honors to our veterans is a service tradition that demonstrates our nation’s gratitude to those who have faithfully defended and protected our country. These ceremonial honors demonstrate our nation’s respect to each veteran’s next of kin and surviving loved ones during their tremendous time of loss. MFH coordinators are critical to the proper rendering of honors to our veterans and their families. While their primary responsibility is to determine the eligibility and appropriate honors for the deceased veteran for their service, their responsibilities are far more encompassing as the face and primary point of contact for the Department’s MFH program. To accurately characterize the functions of the MFH coordinator, we urge you to consider the full breadth of their responsibilities including: training service members who perform the military funeral honors; the coordination with Veterans Service Organizations (VSO) and units within the state that are key partners in performing MFHs; and providing immediate attention (24/7/365) to families in need of assistance, referrals and follow-up services regarding a variety of family-related issues and benefits.
We were disappointed to learn that earlier this year, the NGB announced a plan to eliminate the MFH coordinator positions in eight states (ID, KS, ME, NH, RI, WY, SD, and WV) based on the recommendations of a 2016 Army Auditing Agency (AAA) audit that does not take into account the totality of coordinator responsibilities we have outlined. Eliminating these positions provides no tangible benefit to the NGB and would negatively impact the Department’s ability to properly perform the statutory requirement of providing military funeral honors to veterans in these states. As you know, the 2016 AAA audit found that of the funerals sampled, the Department failed to perform honors for 88 deserving veterans. One missed service is one too many and eliminating these coordinator positions will only increase the risk that additional veterans do not receive the honors they have earned.
Our veterans deserve the best our nation has to offer and their families deserve to lay them to rest with military funeral honors that are coordinated and executed faithfully. We do not believe there is any justification that would validate the removal of these positions and urge you to resource each state with at least one MFH coordinator.
Thank you for your consideration of this matter and for all you do to ensure our veterans and their families are properly honored.
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