Republicans aim to strip salary from Biden climate official who kept job after failed Senate confirmation

Biden’s electric vehicle push has been ‘put into practice by unaccountable bureaucrats like Ann Carlson,’ Cruz said

EXCLUSIVE: Republican Senators Ted Cruz of Texas and Cynthia Lummis of Wyoming are introducing a bill, set to be presented as an amendment to a “minibus” appropriations package for fiscal year 2024, that seeks to remove the federal salary of a Biden administration official responsible for overseeing stringent fuel efficiency regulations.

The bill is targeted at Ann Carlson, who currently serves as the acting administrator of the National Highway Traffic Safety Administration (NHTSA), a subagency of the Department of Transportation. Cruz, along with other Senate Commerce Committee Republicans, including Lummis, have argued that the White House is circumventing constitutional requirements by allowing Carlson to lead NHTSA in an “acting” capacity.

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Earlier this year, Carlson’s nomination to permanently lead NHTSA faced significant opposition from both industry and congressional sources, leading to its withdrawal before reaching a floor vote. This withdrawal technically enables her to continue serving as acting administrator, a loophole that Cruz and Lummis’ bill aims to close.

In a recent letter to President Biden regarding Ann Carlson, Senator Cruz highlighted the Federal Vacancies Reform Act, which prohibits “any person nominated to fill any vacant office from performing the duties of that office in an acting capacity.” Cruz argued that Carlson’s failure to serve as first assistant to former NHTSA Administrator Steven Cliff for more than 90 days prior to her resignation should disqualify her from her current position.

Furthermore, Cruz argued that Carlson’s continued leadership of NHTSA raises questions about the legality of the agency’s actions. During her tenure, NHTSA proposed its most ambitious fuel economy standards, which some experts warned could significantly raise car prices and mandate purchases of electric vehicles. However, Carlson notes that these standards serve to “reduce harmful emissions.”

Senator Cruz has been highly critical of President Biden’s electric vehicle (EV) mandates and subsidies, attributing their inspiration to progressive politicians in deeply liberal states but implementation to unelected bureaucrats like Ann Carlson.

Cruz emphasized that the ongoing labor strike in the automotive sector underscores the disruptive effect of the left’s broader push against traditional gasoline-powered vehicles, which has raised concerns among workers about their long-term job security.

He blamed the strike on people like President Biden and Ann Carlson, whom he characterized as proponents of the Green New Deal with a radical agenda. Cruz argued that President Biden’s appointment of Carlson, who faced Senate concerns about his record and agenda, would lead to more mandates, higher costs for families, and a less dynamic economy.

Ann Carlson’s journey within the National Highway Traffic Safety Administration (NHTSA) is marked by several key events:

1. In January 2021, the Biden-Harris transition team appointed Carlson, who was an environmental law professor at UCLA at the time, to serve as NHTSA’s chief counsel. This position did not require Senate confirmation.
2. Carlson, in her role as NHTSA’s chief counsel, oversaw significant agency initiatives, including those related to fuel economy standards.
3. In February, President Biden nominated Carlson to be the administrator of NHTSA. Her nomination was formally transmitted to the Senate Commerce Committee a month later.
4. Carlson’s nomination faced substantial opposition from Senator Cruz and other Senate Commerce Committee Republicans. They cited concerns about her history of environmental activism and her vision for transforming NHTSA into a climate-focused agency.
5. On May 30, the White House announced the withdrawal of Carlson’s nomination for NHTSA administrator.
6. Despite the withdrawal of her nomination, Carlson continued to serve as NHTSA’s acting administrator.
7. Senator Cruz and 12 other Republicans penned a letter to President Biden, urging him to comply with the law by removing Carlson from her acting administrator position and subsequently nominating a well-qualified individual to lead NHTSA.

As of now, Carlson remains in her acting administrator role, with no replacement nominated by the White House, leaving her as the de facto head of the agency.