Carper Statement on GAO Subjecting FHWA Memo to Congressional Review

WASHINGTON, D.C. — Today, U.S. Senator Tom Carper, Chairman of the Senate Environment and Public Works Committee, released the following statement on the conclusion by the U.S. Government Accountability Office (GAO) that a December 2021 memorandum from the Federal Highway Administration (FHWA) entitled “Policy on Using Bipartisan Infrastructure Law Resources to Build a Better America” is a rule subject to the Congressional Review Act (CRA):

“I am disappointed by GAO’s misguided decision subjecting an internal Federal Highway Administration policy memo to congressional review. While the Biden Administration has been clear about its desire to implement the Bipartisan Infrastructure Law in a way that prioritizes safety, equity, resilience, and sustainability, this memo did not place any new requirements or penalties on states. Rather, the memo reasserted the authority of states to invest in infrastructure projects that best meet their individual needs. Ultimately, Congress should not be in the business of disapproving internal policy documents from any administration, Democratic or Republican, through the use of the Congressional Review Act. I will oppose any efforts to do so in this case as it would interfere with our ability to rebuild our nation’s roads, highways, and bridges.”