GAO Decision Makes it Easier for States to Spend Federal Infrastructure on Roads

An attempt by the Biden administration to control new infrastructure dollars has been foiled by the Congressional Review Act.

1 minute read

December 19, 2022, 8:00 AM PST

By James Brasuell @CasualBrasuell


Capitol Hill

Andriy Blokhin / Shutterstock

The Government Accountability Office (GAO) has delt a setback to the Infrastructure Investment and Jobs Act (IIJA) as part of the Congressional Review Act.

The GAO determined that a December 2021 memo from the Federal Highway Administration, intended to guide states in IIJA funding programs, went too far in establishing policy, rather than just listing legal requirements.

“Senate Environment and Public Works Committee ranking member Shelley Moore Capito (R-W.Va.), who requested the GAO analysis in February, said GAO's ruling means she will introduce a CRA resolution of disapproval of the memo, which has long been a source of angst for Republicans,” according to a paywalled article by Alex Duagherty that has been republished on the Senator Capito’s website. Capito is expected to take additional steps to solidify the Republican party’s intentions for the IIJA.

The GAO’s decision, published on December 15, is available online in addition to the December 2021 FHWA memo.

Thursday, December 15, 2022 in Politico Pro

Young Professional

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban and Environmental Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban and Environmental Planner

Get top-rated, practical training for planners

"Planetizen federal action tracker" logo superimposed over black and white image of US Capitol dome.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

September 16, 2026 - Zachary Whalen

Overlapping highways

The state-sanctioned urbicide of Austin

People don’t kill cities. Freeways do.

September 8, 2026 - Benjamin Schneider

Geese flock to a frozen pond in Aurora, Colorado. There are houses in the background.

Colorado’s Largest Data Center Could Rise Next to Homes — Without a Public Hearing

The proposed campus would consume 11 times the power of Denver International Airport; as it has across the country, opposition mounts.

September 17, 2026 - Capital & Main

The Gross Reservoir, a large body of water surrounded by trees and mountains.

Judges permit Denver to divert 77,000 acre feet from the Colorado River for reservoir expansion

Overuse and climate change have caused the Colorado River’s water levels to plummet.

7 hours ago - Inside Climate News

Passengers board an Amtrak train under a cloudy sky.

Amtrak, CN end decades-long dispute with eight-year agreement

The new operating agreement establishes an updated framework for the companies to work together, including processes to resolve disputes.

September 18 - Mass Transit

Federal Reserve Chair Kevin Warsh delivers remarks at his swearing-in ceremony in the East Room of the White House.

Raised interest rates may kill financially vulnerable construction projects

The chief economist at ConstructConnect warns that if construction project owners are negatively impacted by the raised rates, it could result in delayed payments to contractors.

September 18 - Construction Dive