Yesterday, the House of Representatives approved a continuing resolution (CR) to fund the federal government through Dec. 4. It is a move that avoids a potential government shutdown this fall, according to reporting by CBS News. But it adds uncertainty to the timeline for the BUILD America 250 Act. 

While the CR and the BUILD America 250 Act are separate pieces of legislation, the funding measure highlights the increasingly crowded congressional calendar as lawmakers balance government funding, defense legislation and other priorities ahead of the November midterm elections. 

Yesterday’s news means there is one question being asked in the roads and bridges construction industry: Will Congress bring the BUILD America 250 Act to the House floor before the Infrastructure Investment and Jobs Act (IIJA) expires on Sept. 30?  

The five-year reauthorization bill cleared the House Transportation & Infrastructure Committee earlier this year with bipartisan support. If enacted, it would establish federal highway, bridge and transit programs through fiscal year 2031, providing the long-term funding certainty that state departments of transportation, contractors, engineers and manufacturers have been seeking. 

The House's action on the CR does not delay or replace the transportation bill. However, with only a limited number of legislative days remaining before lawmakers leave Washington D.C. to campaign for the November election, the window for House consideration has narrowed. 

If the House does not vote on BUILD America 250 before the election, Congress could consider the legislation during a post-election lame-duck session. Lawmakers could also pass a short-term extension of the IIJA to keep federal transportation programs operating while negotiations continue on a long-term authorization. 

That scenario would not be unprecedented. Congress has repeatedly relied on temporary extensions of surface transportation law while negotiating multi-year reauthorization bills. 

Transportation organizations have consistently urged Congress to complete a long-term authorization before the Sept. 30 deadline. A multi-year bill provides state DOTs and local agencies with greater certainty as they develop capital improvement programs, advertise projects and award long-term construction contracts. 

The coming weeks will provide a clearer indication of Congress' intentions. If House leadership schedules BUILD America 250 for floor consideration before the August recess, the bill could still remain on track for passage before current law expires. If not, the industry may need to prepare for another temporary extension while lawmakers finish work on a broader transportation package. 

For now, the BUILD America 250 Act remains eligible for House consideration, but the House's decision to prioritize government funding seems to have made the timing of a vote less certain. 

With the expiration of the IIJA approaching, transportation stakeholders across the country will be closely watching Congress' next move. 

Sources: CBS News, Politico