Working to Modernize Congress, Improving Our Tsunami Alert System, and Investing in Safe, Reliable Transit Across Our Region
Hello Folks –
I hope you all enjoyed the Fourth of July holiday last week! As summer gets into the swing of things, it’s full steam ahead for me. There’s a lot to cover so let’s jump right in.
Ensuring Government Works for the American People
Earlier this month, we saw the U.S. Supreme Court issue a number of big decisions. That includes a controversial decision that essentially grants Presidents legal immunity for official acts. While the court also ruled that presidents don’t have immunity for unofficial acts, I found the decision concerning because it challenges the notion that “no one is above the law.”
As Justice Sonia Sotomayor wrote in her dissent, a President’s ability to shield himself from prosecution by utilizing his “official powers” gets us into murky territory at best, and dangerous territory at worst. She wrote, “Never in the history of our Republic has a President had reason to believe that he would be immune from criminal prosecution if he used the trappings of his office to violate the criminal law. Moving forward, however, all former Presidents will be cloaked in such immunity. If the occupant of that office misuses official power for personal gain, the criminal law that the rest of us must abide will not provide a backstop. With fear for our democracy, I dissent.”
Additionally, the Supreme Court issued another decision that overturned the long-standing legal doctrine called Chevron deference. Essentially Chevron deference gave federal agencies authority to reasonably interpret laws and – where there is ambiguity – decide the best way to apply the law. As a consequence of the recent court decision, experts within federal agencies who have decades of experience in their fields – workplace safety, financial regulation, environmental protection, etc. – will no longer have the ability to help their corresponding agency make technical decisions about how to best interpret and implement laws. Instead, now this authority could shift to the judicial branch, which has significantly fewer subject-matter expert personnel. That is, unless Congress itself writes explicit instructions in its laws outlining exactly how agencies implement those laws—reducing ambiguity. The problem, however, is that Congress has limited capacity to do that.
As many readers of this newsletter know, from 2018-2022, I had the honor of leading the House Select Committee on the Modernization of Congress (aka the “Fix Congress Committee”). As part of that work, our Committee looked at how Congress can reclaim and strengthen various aspects of the legislative process, so that it can effectively and efficiently carry out the duties it was charged with under the Constitution.
What we learned is that Congress is a long way from being able to do that – and a lot of that has to do with capacity. That’s why our Committee made recommendations for Congress related to staffing, technology, and evidence-based policymaking. Specifically, the Select Committee made recommendations to increase Congressional staff capacity—related to hiring, training, and retaining staff—with the goal of maintaining expertise. We also recommended bolstering the staff and resources of Congressional support agencies like the Congressional Research Service (CRS), Government Accountability Office (GAO), and Congressional Budget Office (CBO) that help the institution function by providing non-partisan information.
We also suggested harnessing better technology tools to solve challenges ranging from effective oversight software, to soliciting public and expert feedback on draft bills. Finally, we recommended Congress stand up a commission to study how data and evidence could be better integrated throughout the policymaking and oversight process to improve results.
The Court’s Chevron decision makes clear that the time to implement these recommendations and improve Congress’ ability to craft policy for the American people—is now.
Ensuring the safety of coastal communities
In our region, the ocean has sustained communities for hundreds – even thousands – of years. But we know that violent storms and tsunamis can flood communities, threaten local economies, and put public safety at risk. Now, more than ever, we’ve got to look at potential steps the government can take to help keep folks safe. That’s why I recently introduced new legislation to implement recommendations from the U.S. Government Accountability Office (GAO) that aim to help improve the ability to send tsunami alerts to the public.
In response to a review of how the National Oceanic and Atmospheric Administration (NOAA) sends tsunami alerts to local communities, the GAO recommended that NOAA (1) assess NOAA Weather Radio’s coverage of populated areas at risk of tsunamis and (2) collaborate with other government agencies to determine how to use existing public alert and warning systems to better deliver tsunami alerts to the public. My bill would take action on these recommendations, setting a clear expectation of communication and safety for residents of our coastal communities.
This bill will empower coastal communities and Tribes to implement critical safety plans in the event of a tsunami and enable local residents to evacuate when a tsunami hits our shores. I’m hopeful that this legislation will pave the way towards a sustainable future for those who live in tsunami inundation zones and ensure that residents have adequate warning before disaster strikes. I’ll keep working to get this bill across the finish line.
Helping people and freight move better
In 2021, I proudly voted for the Bipartisan Infrastructure Law. Now, thanks to the passage of that historic piece of legislation, we are reaping the benefits here at home. At the end of June, I was thrilled to announce new federal investments for our region.
That included $17 million for Kitsap Transit to construct a full-service maintenance facility and purchase five double decker routed battery electric buses. For decades, Kitsap Transit has been utilizing a 1940s maintenance facility to maintain its bus fleet. That facility has become increasingly overcrowded and is inadequately equipped to handle the evolving needs of Kitsap Transit's expanding fleet – which is getting cleaner and greener. Now, this new federal funding will assist in Kitsap Transit’s effort to construct a new facility that can provide the necessary infrastructure to support the maintenance and charging requirements of the expanding electric bus fleet, ensuring the safety and efficiency of Kitsap Transit's operations.
The success of this project aims to not only fortify Kitsap Transit's vital transportation network in our region, but also contribute significantly to environmental sustainability and enhanced service for folks throughout Kitsap County.
And that’s not the only major win for our region. The US Department of Transportation also announced more than $1.3 million for the Makah Tribe to support the planning and design of a new multi-use barge loading facility in Neah Bay.
Currently, the Makah Tribe relies on SR 112, the only paved access to Neah Bay, for transportation in and out of Neah Bay, including all commercial supplies, tourist traffic, logging trucks, and local passenger vehicles. But the current condition of the road leaves the Makah Tribe and surrounding communities vulnerable to being cut off from the rest of the region due to the risk of washouts, landslides, fallen trees, and downed powerlines. This greatly impacts the economic vitality, public health and safety, and community well-being for the Makah Tribe.
A multi-use barge loading facility in Neah Bay would provide an alternate marine route for cargo transportation and provide key benefits to the Makah Tribe and the region. The facility would allow for loading of outgoing forestry products, delivery of emergency supplies transport into Neah Bay, and transportation of critical cargo for the community’s relocation efforts out of the Tsunami Inundation Zone and anticipated waste removal from the Warmhouse Superfund site.
By having the federal government invest in these local efforts, we are ensuring the resilience of the communities that rely on access to safe, reliable transportation options for both people and freight – without having the cost being borne entirely by taxpayers in our neck of the woods. That’s a huge win for our region.
Working for You
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Welcoming This Year’s Congressional Art Competition Winner to D.C.
Each year the Congressional Art Competition provides students with an opportunity to showcase their artistic abilities and earn a chance to have their artwork shown in the U.S. Capitol Complex in DC. The art submitted this year from our region was absolutely outstanding - and I want to thank everyone who participated! I was thrilled to welcome the winner of this year's Congressional Art Competition, Mera Foster from Charles Wright Academy in Tacoma, to D.C. to see her artwork displayed in our nation's Capitol. Mera’s piece is entitled “Piecing Together a Memory.” Congratulations Mera!
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Supporting Our Region’s Construction Industry
The construction industry is putting shovel to ground to improve our nation’s infrastructure. Thanks to the Associated Builders and Contractors of Western Washington for a great chat about workforce development and infrastructure investments! Count me on the home team.
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Checking in with Local Medical Providers
It was great to meet with the folks from Olympic Medical Center to discuss the challenges that rural hospitals in our region are facing. Ensuring that rural communities have access to quality medical care is essential. I’ll keep working to support the rural hospitals in our region.
OK – that’s it for now, folks. As always, I’m honored to represent you.
Sincerely,
Derek