While the National Football League (NFL) season faced potential shutdowns due to the COVID-19 pandemic, the game of "political football" in Washington, D.C., continued unabated. The central issue? America's crumbling infrastructure, with the playing field set on Capitol Hill.
At the end of September, as the fiscal year drew to a close, the White House signed a one-year continuing resolution to extend the Fixing America's Surface Transportation (FAST) Act. This five-year federal surface transportation authorization was originally set to expire on September 30. On paper, this seemed like a positive development—but in reality, it fell far short of what’s needed. Merely kicking the can down the road, as is currently happening, is insufficient. More substantial changes are required.
With the election just weeks away, regardless of whether President Trump secures a second term or Democratic nominee Joe Biden emerges victorious, the new administration must immediately address this long-standing challenge.
The Partisan Divide
James Burnley, a partner at Venable LLP in Washington, D.C., and former Transportation Secretary under President Ronald Reagan, recently highlighted the partisan implications of the election on transportation infrastructure. "The outcome will directly influence key issues, such as the extent to which the Green New Deal becomes the foundation of legislation," Burnley stated bluntly. "If Democrats win the presidency and the Senate, I expect the Green New Deal to form the basis of the bill. If Republicans retain the Senate and the presidency while gaining seats in the House—even without a majority—I anticipate a bill more closely resembling the one released earlier this year by the Senate Environment and Public Works Committee, at least for highways."
Currently, proposed bills from both parties are stuck in gridlock. In July 2019, the Senate Environment and Public Works Committee unanimously approved a five-year, $287 billion surface transportation bill. However, three other Senate committees—Commerce, Science, and Transportation; Banking, Housing, and Urban Affairs; and Finance—all led by Republicans, have yet to act. Meanwhile, the Democrat-led House passed a five-year, $494 billion bill on July 20 without any Republican support. Senate Republicans have shown little interest in compromise.
The Funding Crisis
Beyond these typical (and concerning) stalemates, the core issue, as Burnley describes, is the unavoidable question of funding for any future authorization bill. This comes as no surprise. Even if progress is made, it may prove meaningless if the effort ultimately stalls.
"Unfortunately, this has been the case for a long time because the Highway Trust Fund is now deeply insolvent," Burnley explained. "Congress needs to propose new financing solutions—whether through raising the gas tax, adopting entirely new methods like a vehicle-miles-traveled (VMT) tax, or a combination of both—to fund future surface transportation projects."
Burnley emphasized that this situation cannot continue indefinitely. Congressional committees not involved in surface transportation, along with appropriations committees, are unlikely to indefinitely tolerate the increasing transfers from the general fund to the Highway Trust Fund. This approach has failed for years.
When asked whether the one-year extension of the FAST Act could be viewed as a positive step, Burnley noted that while it’s better than no extension—which would have precipitated a crisis—these short-term fixes, whether for a month or a year, do not solve the underlying problem for a multiyear authorization bill.
"In other words, we’ve reached a point where the gap between revenue and expenditures is too large... given the revenue shortfall," he said. "Whatever the next administration’s plan is, it must address this. I don’t think we can view this extension as Congress simply kicking the can down the road again. It’s not a positive signal—just more of the same. It doesn’t solve the problem."
The election results will place immense pressure on key decision-makers to bridge the widening gap between Highway Trust Fund revenues and actual needs. On this issue, Burnley’s perspective cuts to the core. As always, there are more questions than answers—but it’s fourth-and-long, and the punt team is back on the field...
Deep Dive: The Challenges Facing US Infrastructure
America’s infrastructure has long faced significant challenges. Aging bridges, congested roads, and inefficient public transit systems are increasingly hindering economic growth and quality of life. Yet despite broad consensus on the importance of infrastructure, political, economic, and social factors have repeatedly stalled legislative progress.
1. Political Polarization and Partisan Battles
In recent years, political polarization in the U.S. has intensified, with deep divisions between Democrats and Republicans on numerous issues—infrastructure included. The parties disagree on investment levels, funding mechanisms, and project priorities. Democrats favor increased spending on public transit and renewable energy, while Republicans prioritize highways and traditional energy sources. These clashes have led to legislative gridlock.
2. Funding Shortfalls and Financing Challenges
Infrastructure demands substantial funding, yet the federal government’s fiscal health is precarious. Chronic deficits and mounting debt have constrained infrastructure investment. Traditional funding methods, like the gas tax, are no longer sufficient. As vehicles become more fuel-efficient and electric cars gain popularity, gas tax revenues decline, leaving the Highway Trust Fund severely underfunded. New solutions—such as a VMT tax—are urgently needed.
3. Project Approval and Environmental Reviews
Infrastructure projects often face lengthy, complex approval processes involving multiple agencies and stakeholders. Environmental reviews, while critical, can also delay progress. Advocacy groups may oppose projects over ecological concerns, requiring extensive negotiations to reach consensus.
4. Innovation and Efficiency
Traditional construction methods are slow and costly. Adopting new technologies—like Building Information Modeling (BIM), drone surveying, and 3D printing—can boost efficiency, reduce expenses, and improve quality. Better project management and resource allocation are also key.
Solutions: Breaking the Stalemate
Resolving America’s infrastructure crisis demands a multi-pronged approach:
1. Rise Above Partisanship
Infrastructure is a national priority that transcends party lines. Both sides must collaborate on funding, scope, and project selection to pass meaningful legislation.
2. Innovate Financing
Beyond gas taxes, explore VMT fees, congestion pricing, public-private partnerships (PPPs), and infrastructure bonds to attract private capital.
3. Streamline Approvals
Simplify permitting by creating unified platforms and engaging early with environmental groups to balance ecological and developmental needs.
4. Embrace Technology
Leverage BIM, drones, and 3D printing to cut costs and timelines while upskilling workers.
5. Optimize Management
Implement agile or lean project management techniques and strengthen oversight to ensure timely, budget-compliant completion.
The Road Ahead
While challenges abound, opportunities also exist:
- Smart Infrastructure: Integrate IoT and AI for adaptive systems like intelligent traffic lights and grids.
- Sustainability: Prioritize renewables and eco-friendly materials in construction.
- Resilience: Design infrastructure to withstand climate extremes and disasters.
- Inclusivity: Ensure accessibility for all, including affordable housing and ADA-compliant transit.
Conclusion: Time for Action
America’s infrastructure stands at a crossroads. Inaction will exacerbate economic and social strains, while bold reforms could pave the way for renewal. Congress must pass comprehensive legislation; the government must secure funding; industry must innovate; and citizens must engage. As Burnley noted, it’s fourth-and-long—no more punting. The nation needs leaders who can unite beyond politics, innovate boldly, and invest wisely. Only then can the U.S. rebuild a foundation worthy of its future.