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

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