Washington Waves: Inauguration Week

Washington, D.C.—Russell Vought, President Donald Trump’s pick to lead the powerful Office of Management and Budget, told members of Congress to stay tuned on what the new administration will decide on spending funds they approve. Still, Vought did not hold back on telling the Senate Budget Committee what Trump and he think of the decades-old law addressing a president’s ability to impound or not spend appropriations passed by Congress.

“The president ran on the notion that the Impoundment Control Act is unconstitutional,” Vought said, speaking to Sen. Patty Murray (D-Wash.). “I agree with that.”

Murray is the former chair and now ranking member of the Senate Appropriations Committee.

When pressed by Murray, Vought conceded that to his knowledge a court has never declared the 1974 law unconstitutional. Murray, who believes Trump on his first day in office ordered an illegal deferral of funds included in the Inflation Reduction Act and the Bipartisan Infrastructure Law, again expressed concern that the administration will not follow the impoundment law.

“It is the law of the land,” she said, adding Vought’s comments should be disconcerting to every lawmaker.

At a press conference the following day, Murray joined Senate Minority Leader Chuck Schumer (D-N.Y.) and other Democrats warning that, under the Vought approach, no government program will be safe from the chopping block.

Duffy Nomination

Former Rep. Sean Duffy’s nomination to serve as President Donald Trump’s secretary of transportation advanced out of a key Senate committee with a unanimous vote. Barring an unexpected glitch, that 28 to 0 roll call sent Duffy’s nomination to an expected easy confirmation vote on the Senate floor.

Before the panel’s vote, Democrats on the Senate Commerce, Science and Transportation Committee cited concerns over Trump’s executive orders they said could delay transportation project funding, but assurances from the former Wisconsin lawmaker clearly kept his nomination on track.

Fagan Out As Commandant

Adm. Linda Fagan, the first woman in U.S. history to lead a branch of the armed forces, was removed as commandant of the Coast Guard on Trump’s second day in office.

“She was terminated because of her leadership deficiencies, operational failures and inability to advance the strategic objectives of the U.S. Coast Guard,” read a statement provided by a senior Department of Homeland Security (DHS) official.

“Enumerated reasons” in that statement included ineffective deployment of Coast Guard assets to support national border security, insufficient coordination with DHS to prioritize operations along maritime borders, persistent delays and cost overruns in acquiring essential platforms and excessive focus on Diversity, Equity and Inclusion (DEI) policies.

Adm. Kevin Lunday was named acting commandant.

Fagan’s removal triggered criticism from congressional Democrats.

“I think it’s appalling,” Sen. Maria Cantwell (D-Wash.), the ranking member of the Senate Commerce, Science and Transportation Committee, said on CNN.

Cantwell said Fagan was fired for standing up against sexual assault and sexual harassment in the Coast Guard.

Rep. Rick Larsen (D-Wash.), ranking member of the House Transportation and Infrastructure Committee, said the decision to abruptly remove Fagan will hurt readiness in the Coast Guard, noting under her leadership the service exceeded its recruitment target.

Maritime Security Regulations

The Coast Guard is requesting comments on its final rule updating maritime security regulations by establishing minimum cybersecurity requirements for U.S.-flagged vessels, Outer Continental Shelf facilities and facilities subject to Maritime Transportation Security Act of 2002 regulations.

Effective July 16, the Coast Guard said, the rule addresses current and emerging cybersecurity threats by adding requirements to help detect risks and respond to and recover from cybersecurity incidents. The regulations include requirements to develop and maintain a cybersecurity plan, designate a cybersecurity officer and take measures to maintain cybersecurity within the marine transportation system, the service said.

In its posting in the January 18 Federal Register, the Coast Guard explained it is seeking comments on a potential 2- to-5-year delay for U.S.-flagged vessels. Those comments must be submitted by March 18 and may be submitted via www.regulations.gov under Docket No. USCG-2022-0802, where documents also can be viewed.

For additional information, including an alternative method for submitting comments, contact Commander Brandon Link at 202-372-1107 or by emailing MTSCyberRule@uscg.mil.

FMC Chairman

President Donald Trump designated Louis Sola to serve as chairman of the Federal Maritime Commission (FMC). First nominated to the FMC by Trump, Sola has served since 2019. He succeeds Daniel Maffei as chairman.

“I am humbled by President Trump designating me chairman, and I am grateful for his confidence in my ability to lead the Federal Maritime Commission,” Sola said. “There are many ways the commission contributes to the competitiveness of American businesses, access to foreign markets for U.S. vessels and companies and economic growth for the nation.”

DOT Rule

The Department of Transportation (DOT) announced the withdrawal of a proposed rulemaking issued on November 23, 2020, to amend its National Environmental Policy Act (NEPA) implementing procedures. DOT noted that on June 3 President Joe Biden signed into law the Fiscal Responsibility Act of 2023 that included revisions to the NEPA statute with the aim of streamlining the environmental review process.

In addition, DOT cited further refinements in agency best management practices in the environmental review and permitting process that should be incorporated into the DOT NEPA procedures prior to finalizing.

The withdrawal was effective January 17.

Documents and public comments can be viewed at https://www.regulations.gov under Docket No. DOT-OST-2020-0229. For additional information, contact April Marchese at 202-366-4416 or by email at april.marchese@dot.gov.

Fisheries Rule

The National Marine Fisheries Service (NMFS) withdrew a proposed rule on implementing provisions of the Illegal, Unreported and Unregulated (IUU) Fishing Enforcement Act and the Ensuring Access to Pacific Fisheries Act. The NMFS conceded it did not have sufficient time to finalize the rule before the Biden administration ended.

Issued on July 8, 2022, the rule was to assist the United States in combatting IUU fishing by identifying nations whose vessels undertake IUU fishing and enhancing the ability of nations to detect and intercept products of IUU fishing before they enter national and international markets. After the rule was issued, Congress amended the Moratorium Protection Act as part of the National Defense Authorization Act for fiscal year 2023.

For additional information, contact Terra Lederhouse at 301-427-8360 or at terra.lederhouse@noaa.gov.

Coast Guard Committee

The Coast Guard is resoliciting applications from those interested in serving on the National Offshore Safety Advisory Committee (NOSAC) to fill a vacant position representing entities engaged in offshore oil exploration and production on the Outer Continental Shelf adjacent to Alaska. Applications should be submitted via email with the subject line ‘‘Application for NOSAC’’ to Justin.P.Goff@uscg.mil and must be received by February 18. Those who responded to a previous request on February 20, 2024, do not need to reapply.

NOSAC advises the Homeland Security secretary on activities directly involved in the exploration of offshore mineral and energy resources within the jurisdiction of the Coast Guard.

For additional information, contact Lt. Justin Goff at 571-610-0130 or Justin.P.Goff@uscg.mil.