After Capito, Graves Pledge to Formally Challenge Federal Highways Memo, FHWA Issues Substantially Revised Replacement
For Immediate Release: February 24, 2023
Justin Harclerode (T&I) 202-225-9446
Peter Hoffman (EPW) 202-224-0146

Washington, D.C. - Today, U.S. Senator Shelley Moore Capito (R-WV), Ranking Member of the Senate Environment and Public Works (EPW) Committee, and U.S. Rep. Sam Graves (R-MO), Chairman of the House Transportation and Infrastructure (T&I) Committee, released the below joint statement after the Federal Highway Administration (FHWA) released a substantially revised replacement of its December 2021 policy memorandum which attempted to enact a wish list of policies intentionally negotiated out of the bipartisan Infrastructure Investment and Jobs Act.

“Today is a win for states, communities, and millions of Americans who stand to benefit from the flexibility provided in the Infrastructure Investment and Jobs Act. By issuing a revised memorandum, FHWA admitted that it was wrong in their attempts to undo the flexibility provided to states in the law by establishing preferences for certain policies and projects. We’re pleased FHWA recognized that when it comes to legislation of any kind that is passed and signed into law, an administration cannot ignore the role and will of Congress.

“We will continue to conduct rigorous oversight and ensure the infrastructure law is being implemented as Congress intended.”

In response to a February 2022 inquiry from Ranking Member Capito, the Government Accountability Office (GAO) concluded in December 2022 that the FHWA’s memo constituted a rule, subject to the Congressional Review Act (CRA). Ranking Member Capito then announced her intent to lead an effort in Congress to overturn the rule through a CRA resolution of disapproval.