Category: US Senate

Source: United States Senator for Florida Marco Rubio

U.S. Senator Marco Rubio (R-FL) released a statement in advance of the 20th Chinese Communist Party (CCP) Congress, which begins on Sunday, October 16.

• “Xi Jinping’s tenure as the General Secretary of the CCP has been characterized by totalitarianism, genocide, slowed economic growth, and unprecedented aggression against the United States and its allies. If he succeeds in his bid for absolute control and achieves a third term, it should shred any remaining expectations of a ‘responsible power’ in the Indo-Pacific. Rather, we should expect a one man-ruled CCP to be more willing to wage war over Taiwan, more repressive at home and abroad, more dominating of business, and more insistent on overturning the U.S.-led rules-based world order.

• “This would have immense consequences for Americans, our allies, and our partners. We must treat the threat of Xi with the utmost seriousness, and deterring him must be our top international priority.” – Senator Rubio

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Source: United States Senator for New Hampshire Jeanne Shaheen

October 14, 2022

** Shaheen and NSF Director Panchanathan visited Mikros Technologies in Claremont in the afternoon to highlight the impact of the historic CHIPS Act for NH businesses**

(Hanover, NH) – U.S. Senator Jeanne Shaheen (D-NH) visited Dartmouth College today to view demonstrations of U.S. National Science Foundation (NSF) funded projects on campus with NSF Director Sethuraman Panchanathan. In the afternoon, Senator Shaheen and Director Panchanathan visited Mikros Technologies in Claremont to highlight the impact of the Creating Helpful Incentives to Produce Semiconductors (CHIPS) and Science Act of 2022 for New Hampshire businesses.

“It was wonderful to have Director Panchanathan in New Hampshire to see the groundbreaking work that NSF supports at Dartmouth, and similarly at other New Hampshire institutions. From underwater robotic construction to exploring the intersection between memory and perception, the research and development conducted by students and faculty at Dartmouth reaffirms why supporting this innovation through the NSF is so critical,” said Senator Shaheen. “It was also exciting to have Director Panchanathan in Claremont to tour Mikros Technologies and meet with staff to learn about their manufacturing capabilities and how they’ll be impacted by the historic CHIPS Act. It’s important for administration officials to see how federal funding and policies impact our communities directly, so I appreciate Director Panchanathan spending his day in New Hampshire to see these investments in action.”

“It has been an honor to be here today in New Hampshire with Chair Shaheen. I am so impressed with the STEM talent and innovations I have seen today, many of which were made possible by NSF investments. I am grateful to the Senator for all of her continued support for NSF and keeping our nation in the vanguard of innovation,” said NSF Director Panchanathan.

 

Senator Shaheen and National Science Foundation Director Sethuraman Panchanathan at Dartmouth earlier today.

As chair of the Senate Appropriations subcommittee that funds the NSF, Shaheen consistently secures robust funding for the agency, which supports science, engineering and mathematics research projects at New Hampshire institutions, including the projects she observed today. In Fiscal Year (FY) 2021 government funding legislation, the NSF awarded a total of $33.27M to New Hampshire, with a portion of this funding allocated to research projects at Dartmouth College.

     

Senator Shaheen and National Science Foundation Director Sethuraman Panchanathan at Mikros Technologies this afternoon.

In the afternoon, Senator Shaheen and Director Panchanathan visited Mikros Technologies in Claremont to highlight the passage of the CHIPS Act. The Senator and Director met with Mikros’ leadership team, where they discussed the impact of CHIPS on the company’s operations and projects. They also toured Mikros’ Research and Development building. Through her leadership as chair of the Senate Appropriations Subcommittee on Commerce, Justice, Science and Related Agencies, Senator Shaheen is a strong advocate for STEM education and scientific research funding priorities. In the CHIPS Act, Shaheen secured inclusion of language based on her bipartisan Supporting STEM Learning Opportunities Act to allow funds to support research and development of innovative STEM educational programming. 

Source: United States Senator for Nevada Cortez Masto

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Source: United States Senator for Nevada Cortez Masto

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Source: United States Senator for Illinois Dick Durbin

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Source: United States Senator for Rhode Island Jack Reed

WASHINGTON, DC – With colder weather around the corner and global energy costs projected to rise this winter, U.S. Senators Jack Reed (D-RI) and Susan Collins (R-ME) led a bipartisan coalition of 31 U.S. Senators in urging the U.S. Department of Health and Human Services (HHS) to release funds for the Low-Income Home Energy Assistance Program (LIHEAP) as swiftly and at the highest level possible.

 

The Senators say the federal LIHEAP funding is a crucial lifeline that assists low-income households and seniors on fixed incomes pay their energy bills and stay safe during the winter.

 

Reed and Collins, who are leading efforts to include $4 billion for LIHEAP in the fiscal year 2023 appropriations package making its way through Congress, worked with their colleagues to secure $1 billion in emergency funding for the program in the short-term “continuing resolution” (CR) funding package that President Biden signed into law last month.  This funding will provide an additional $7 million boost to Rhode Island and $8 million to Maine.  Under the CR, HHS will also be able to advance states funding equal to 90 percent of their FY 2022 allocation.

 

“Given the alarming increase in energy costs that is forecast for this winter, we worked to secure an additional $1 billion in emergency funding for LIHEAP in the recently enacted short term CR. It is critical that this funding, as well as the significant base funding available under

the CR, is distributed as quickly as possible so it reaches these households in time for the winter heating season.” the 31 Senators wrote. 

 

Nationwide, an estimated 5 million households received assistance with heating and cooling costs through LIHEAP in 2021.

 

Last year, between annual appropriations, the American Rescue Plan Act, and the Bipartisan Infrastructure Law, Senators Reed and Collins led successful efforts to provide a total of $8 billion for LIHEAP nationwide, resulting in $56 million for Rhode Island and more than $90 million for Maine.

 

Nearly 26,000 Rhode Island households and more than 30,000 Maine households benefitted from LIHEAP last year. 

 

LIHEAP is administered by states and accessed through local Community Action Agencies.  Eligibility for LIHEAP is based on income, family size, and the availability of resources.

 

Senior citizens and those receiving Social Security Disability or SSI benefits are encouraged to apply as early as possible, but applications will be open to everyone through spring of 2023 — or until the funding is exhausted.

 

In addition to Reed and Collins, the letter was signed by U.S. Senators: Michael F. Bennet (D-CO), Jeanne Shaheen (D-NH), Patrick Leahy (D-VT), Gary C. Peters (D-MI), Elizabeth Warren (D-MA), Chris Van Hollen (D-MD), Richard Blumenthal (D-CT), Robert P. Casey, Jr. (D-PA), Ron Wyden (D-OR), Tina Smith (D-MN), Sherrod Brown (D-OH), Christopher A. Coons (D-DE), Maria Cantwell (D-WA), Edward J. Markey (D-MA), Angus S. King, Jr. (I-ME), Mark Kelly (D-AZ), Christopher S. Murphy (D-CT), Debbie Stabenow (D-MI), Mazie K. Hirono (D-HI), Tammy Baldwin (D-WI), Kirsten Gillibrand (D-NY), Kyrsten Sinema (D-AZ), Joe Manchin III (D-WV), Benjamin L. Cardin (D-MD), Patty Murray (D-WA), Bernard Sanders (I-VT), Dianne Feinstein (D-CA), Amy Klobuchar (D-MN), and Catherine Cortez Masto (D-NM).

 

Text of the letter follows:

 

October 14, 2022

 

The Honorable Xavier Becerra

Secretary

U.S. Department of Health and Human Services

330 C Street, SW

Washington, D.C. 20416

 

Dear Secretary Becerra:

 

With the passage of the Continuing Resolution (CR), we write to urge the Department of Health and Human Services to release Low-Income Home Energy Assistance Program (LIHEAP) funds as quickly and at the highest level possible.

 

As the main federal program that helps low-income households and seniors with their energy bills, LIHEAP provides critical assistance during the cold winter and hot summer months. October marks the start of the heating season for many states, and with temperatures already dropping, low-income families and seniors are feeling additional strains on their household budgets.

 

Given the alarming increase in energy costs that is forecast for this winter, we worked to secure an additional $1 billion in emergency funding for LIHEAP in the recently enacted short term CR. It is critical that this funding, as well as the significant base funding available under

the CR, is distributed as quickly as possible so it reaches these households in time for the winter heating season.

 

As such, we request that you immediately release these LIHEAP funds so that low income households do not have to choose between paying for heat and affording other

necessities like food or medicine.

 

We look forward to continuing to work with you on this critical program, and thank you for your attention to our concerns and those of our constituents.

 

Sincerely,

Source: United States Senator for Vermont Patrick Leahy

Source: United States Senator for West Virginia Shelley Moore Capito

WASHINGTON, D.C. – Today, U.S. Senator Shelley Moore Capito (R-W.Va.), Ranking Member of the Senate Environment and Public Works (EPW) Committee, led 26 of her colleagues in sending a letter to Federal Highway Administration (FHWA) Deputy Administrator Stephanie Pollack voicing their strong opposition to the agency’s proposal to implement a greenhouse gas emissions performance measure on state departments of transportation and metropolitan planning organizations, despite having no authority from Congress to do so.

“Nowhere in the IIJA did Congress provide FHWA with any statutory authority to impose the performance measure or the requirement to set declining targets on state departments of transportation (DOTs) and metropolitan planning organizations (MPOs) contained in this proposal,” the senators wrote. “FHWA cannot create of its own choosing the authority that Congress debated, considered, and rejected.”

The senators continued, “FHWA’s attempt to create new authorities where Congress has not provided them would infringe on state DOTs’ necessary flexibility to meet the surface transportation needs of their residents.”

The full letter can be accessed here and below:

Dear Deputy Administrator Pollack,

We write to express our opposition to the Federal Highway Administration’s (FHWA) Notice of Proposed Rulemaking (NPRM) on a National Performance Management Measure; Assessing Performance of the National Highway System, Greenhouse Gas (GHG) Emissions Measure, Docket No. FHWA-20210004 (hereinafter “proposal”). FHWA’s proposal exceeds the agency’s limited statutory authority provided by Congress. We are especially troubled by this attempted overreach given the Supreme Court’s recent ruling in West Virginia v. US Environmental Protection Agency, 142 S. Ct. 2587 (2022), which made clear that agency actions implicating major questions require clear congressional authorization. The signatories of this letter, which include members of the Senate Committee on Environment and Public Works with oversight authority of FHWA, respectfully request FHWA withdraw the proposal.

Current law does not provide any authority to make this proposal. A regulatory action such as this one is particularly suspect when an agency suddenly discovers in statute an authority that “allow[s] it to adopt a regulatory program that Congress had conspicuously and repeatedly declined to enact itself.” Id. at 2610. Congress debated incorporating a greenhouse gas emissions performance measure and associated targets into title 23 of the United States Code (U.S.C.) during the development of the recent five-year surface transportation reauthorization legislation. The House passed legislation that would have provided FHWA with such authority. See H.R. 3684 section 1403 (as engrossed in the House on July 1, 2021). The legislation that the Senate and House ultimately passed and President Biden signed into law in the Infrastructure Investment and Jobs Act (P.L. 117-58; IIJA) did not. Nowhere in the IIJA did Congress provide FHWA with any statutory authority to impose the performance measure or the requirement to set declining targets on state departments of transportation (DOTs) and metropolitan planning organizations (MPOs) contained in this proposal. FHWA cannot create of its own choosing the authority that Congress debated, considered, and rejected.

FHWA’s attempt to create new authorities where Congress has not provided them would infringe on state DOTs’ necessary flexibility to meet the surface transportation needs of their residents. FHWA’s proposal is especially egregious because the agency seeks to “regulate a significant portion of the American economy” and potentially “require billions of dollars in spending” by private persons or entities.” See West Virginia, 142 S. Ct. at 2621 (internal quotation omitted). If finalized, the proposal would commandeer state DOTs’ authority by forcing them to reduce vehicle emissions, likely necessitating shifts in vehicle fuel type usage and transportation modes without clear statutory authority. The proposal would also impose significant changes on the American economy and private spending as it would incentivize switching to electric vehicles, reducing vehicle miles traveled, and restructuring transportation networks.

FHWA attempts to justify the proposal based on a misguided and erroneous interpretation of section 150 and other sections in title 23, U.S.C. The 2012 surface transportation reauthorization law, the Moving Ahead for Progress in the 21st Century (MAP-21), Pub. L. 112-141, mandated a performance management approach for certain programs administered by the FHWA. Specifically, Congress established national goals and stipulated how those goals, the performance measures, and associated performance targets would be integrated into certain programs and federal transportation planning requirements. Section 150(b) sets forth the national goals of the federal-aid highway program, including “environmental sustainability,” which is defined as activities “to enhance the performance of the transportation system while protecting and enhancing the natural environment” (emphasis added). Section 150(c)(3) provides FHWA with authority to establish performance measures for conditions of pavement and bridges and performance of the Interstate System and National Highway System (NHS). The authority in 23 U.S.C. 150(c)(3) contains no reference to greenhouse gas emissions. Similarly, the National Highway Performance Program (NHPP) authorized in 23 U.S.C. 119, which FHWA tries to cite as providing authority for this proposal, does not include any discussion of environmental performance, let alone a reduction in greenhouse gas emissions.

FHWA wrongly asserts that section 150(c)(3) provides the agency with the regulatory authority necessary to pursue a GHG performance measure. The agency claims that because Congress did not define the term “performance” and because “environmental sustainability” is a national goal, FHWA has the authority to determine the nature and scope of “performance.” FHWA claims “performance” of the Interstate System and NHS under NHPP includes “environmental performance.” This interpretation of “performance” is contradicted by a plain text reading of 23 U.S.C. 150. “Performance” throughout section 150 was not intended to mean “environmental performance” which is evident by the environmental sustainability goal in section 150(b). The later part of the goal, would not be necessary if Congress intended “performance” to include “environmental performance.”

FHWA also asserts that President Biden’s Executive Orders 13990 and 14008 provide justification for the proposal and direct state DOTs and MPOs to set targets that align with those orders. Those orders can provide no further authority for FHWA to enact this proposal absent statutory authority. To tie performance measures and corresponding targets to executive orders creates long-term uncertainty for state DOTs and MPOs. Policy that is mandated in such a manner shifts with each change in administration, further demonstrating the pitfalls of attempting to enact policy absent specific congressional authorization.

Even if FHWA had authority to issue this proposal, the proposal would still be unreasonable in its execution. The proposal diverges from the construct of other performance measures established in 23 U.S.C. 150(c) by requiring state DOTs and MPOs to set declining (emphasis added) targets for greenhouse gas emissions. This requirement restricts the ability for state DOTs and MPOs to set targets using a data-driven approach. Further hindering compliance, the proposal directs greenhouse gas emission targets to be set by October 1, 2022, before the comment period is even closed. The changes state DOTs and MPOs would need to make to achieve declining greenhouse gas emissions targets for each Transportation Performance Management four-year reporting period would take years of planning and execution.

FHWA has selected 2021 as the reference year to calculate the performance measure, making it even more difficult for state DOTs and MPOs to achieve a declining target. While we understand that 2021 was the most recent year for which data will be complete and available, the nation was still recovering from the COVID-19 pandemic at that time, which significantly impacted roadway travel. During the nationwide lockdown in 2020, there was a historic drop in light duty travel that totaled almost 355 billion vehicle miles, a reduction of over 12 percent from 2019, according to FHWA. While total vehicle miles traveled (VMT) rose in 2021 to almost pre-pandemic levels, VMT was still lower than 2019 levels and lower than what was predicted pre-pandemic. If those models stand true, and VMT gradually adjusts to predicted levels, the 2021 reference year would disadvantage all state DOTs’ and MPOs’ ability to achieve declining targets.

The proposal also lacks a rural state exemption, taking a one-size-fits-all approach to addressing greenhouse emissions. When Congress debated providing FHWA with the authority for a greenhouse gas performance measure, an exemption for states with certain population densities was considered. FHWA’s proposal disadvantages rural states and places an unreasonable burden on them by failing to recognize the unique situation of those states. For example, one theoretical way to reduce greenhouse gas emissions in urban areas is to increase usage of alternative transportation options, such as public transit and biking. However, in rural areas, modal shifts are often not feasible and do not improve connectivity and safety in the way they might in a large urban area.

In sum, FHWA does not have the statutory authority to proceed with this proposal. The agency’s actions demonstrate a complete disregard for the law and an overreach of its authority provided by Congress. Again, we request that you withdraw this proposal immediately and instead focus staff time and resources on the implementation of the IIJA as enacted by Congress.

Sincerely, 

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