On November 5, 2021, the US House of Representatives passed the Bipartisan Infrastructure Investment and Jobs Act (H.R. 3654, IIJA). Considered a generational investment in our country’s infrastructure, the bill passed by a bipartisan vote of 228-206, and is off to President Biden’s desk for signing. Transportation Secretary Pete Buttigieg commented “Congress passed the most significant investment in jobs and infrastructure in my lifetime. This is a remarkable achievement. The Bipartisan Infrastructure Bill, along with the Build Back Better Framework, will deliver generational investments in the economy for working people. The infrastructure bill will rebuild and replace infrastructure that is decades, or even a century, old. It will promote safety, help us combat the climate crisis, and advance equitable access to transportation.”
The White House released state fact sheets that highlight the impact of the IIJA, and how the legislation will help states to repair roads and bridges, improve transportation options, build a network of EV chargers to accelerate the adoption of EVs, help connect to reliable high-speed internet, eliminate the nation’s lead service lines and pipes for clean drinking water, protect against extreme weather events and cyberattacks and improve the nation’s airports. A summary of estimated allocations for the Northeast states is provided.
After Senate passage of the IIJA, the legislation was forwarded to the House where leaders originally set a target date of September 30 to hold a vote on the bill. However, progressive Democrats refused to move forward until Congress establishes a framework for the President’s larger Build Back Better plan (previously a $3.5 trillion act, but being pegged somewhere between $1.5 and $1.9 trillion level). This action resulted in a day-long shutdown of some transportation functions and about 3,700 furloughed USDOT employees. House leadership set a new deadline of October 31 to vote on the dual-linked spending bills.
On October 2, Congress passed a surface transportation extension for 30 days, buying more time for lawmakers to reach agreement on comprehensive infrastructure funding legislation. The funding patch was enacted after negotiations on the IIJA stalled, while members of the Democratic caucus could not agree on how to proceed with the separate reconciliation bill. The surface transportation extension was passed shortly after Congress approved a continuing resolution (CR) to keep the government funded through December 3rd.
Last month, President Biden met with progressive Democrats and later with moderate Democrats in two separate meetings to expedite negotiations and pleaded with members to come to an agreement on a final framework, which programs get cut and a topline number for the reconciliation bill. After intense negotiations, the White House announced a framework for the Build Back Better Act at $1.75 trillion and stressed that it is fully paid for and will reduce the deficit. This is a scaled back version from the previous $3.5 trillion proposal dropping paid family leave and some Medicaid expansions, much smaller than what progressives wanted.
The framework will create jobs and includes historic investments in America’s future that will grow the economy. The plan includes more than $550 billion for clean energy and climate investments, and sets the stage for the U.S. to reduce emissions 50 to 52 percent below 2005 levels by 2030. It also provides $320 billion for clean energy tax credits to apply to transmission, storage, manufacturing, residential homes, passenger vehicles and commercial vehicles. It includes $100 billion to repair the broken immigration system. The plan also includes new aid to help families afford child care, extends the tax credit for another year, and expands access to universal preschool for three and four-year-old children. It expands the affordable health care coverage, expands Medicare to cover hearing benefits, and it makes the largest most comprehensive investment in affordable housing.
The House Rules Committee released draft text of the Build Back Better Act (H.R. 5376), but it remains unclear whether or not there is full support from Senators Manchin and Sinema, or how much of the text will be changed in the coming days.
Congress once again moved to extend the nation’s surface transportation programs through December 3 to avoid furloughs set to begin on November 1, allowing for additional time to finalize agreement on the two major bills. The House passed the extension 358 to 59. The Senate passed the House bill without amendments and President Biden signed it on October 31.
Finally on November 5, after months of delay, the House passed the Bipartisan Infrastructure legislation 228-206. Thirteen House Republicans voted for the bill and six Democrats voted against it, resulting in a win for the Biden Administration after Democrats suffered a defeat in Virginia’s gubernatorial election earlier in the week. President Biden is expected to sign the bill soon. After the bill was passed, the White House released this statement: This Bipartisan Infrastructure Deal will rebuild America’s roads, bridges and rails, expand access to clean drinking water, ensure every American has access to high-speed internet, tackle the climate crisis, advance environmental justice, and invest in communities that have too often been left behind. The legislation will help ease inflationary pressures and strengthen supply chains by making long overdue improvements for our nation’s ports, airports, rail, and roads.
The Build Back Better reconciliation bill had been linked to the Bipartisan Infrastructure package, but after a proposal from the Congressional Black Caucus (not much different from previous attempts), progressives finally agreed to allow a separate vote on the two bills, with an understanding to continue to work out discrepancies and await analysis of the Congressional Budget Office (CBO) score. Members agreed to commit to voting for the Build Back Better plan as soon as they get the CBO score, but in any event, no later than the week of November 15.
Notable comments from the Northeast Governors on passing the infrastructure deal:
Governor Lamont: “Passing the Bipartisan Infrastructure Bill is a BIG DEAL! Right here in CT, we’ll see commuting times speed up, new good paying jobs, and economic growth.”
Governor Hochul: “Congress has made good on its promise to deliver infrastructure funding through the Infrastructure Investment and Jobs Act, meaning New York will be able to make critical investments in our roads, bridges, and transit. This funding also helps make our infrastructure more resilient to climate change and will expand access to clean water, supporting New York’s economic growth and improving public health.”
Governor McKee: “Great news. Passage of the bipartisan infrastructure bill means RI will be able to make crucial infrastructure investments and create good-paying jobs.”
Governor Scott: “Vermont has made building out our EV infrastructure a priority. As we work to combat climate change, electrifying the transportation sector is key, and the bipartisan infrastructure package will significantly enhance these efforts.”