House sends infrastructure bill with EV provisions to Biden; tax credit for union-built EVs delayed

The House late Friday passed the biggest U.S. infrastructure package in decades, marking a victory for President Joe Biden and unleashing $550 billion of fresh spending, including $7.5 billion for electric vehicle charging stations and $65 billion for upgrades to the nation's electric grid.

The vote was 228-206 and sends the legislation to Biden for his signature. Thirteen Republicans supported the bill and six Democrats voted against it, a sign of the intraparty strains that nearly derailed the legislation. It would not have passed without GOP votes.

Passage capped a day in which Speaker Nancy Pelosi was forced to deal with a last-minute standoff between progressive and moderate Democrats that took hours of intense negotiations and the president's intervention to resolve.

The president, in a statement early Saturday, called the bill's passage "a monumental step forward as a nation."

Pelosi and Biden, however, were unable to land a House vote at the same time on the $1.75 trillion Build Back Better Act that makes up much of the rest of Biden's domestic agenda, including a controversial bonus tax credit for union-built EVs. Automakers with U.S. factories that are not unionized, including Volkswagen Group of America and Toyota Motor North America, have publicly called the union-friendly incentive unfair.

The House instead approved a procedural measure teeing up a vote for after lawmakers return from next week's break and the Congressional Budget Office delivers a cost analysis.

That was a last-minute concession to a small group of moderates who refused to vote for the spending package without the CBO score. Progressives also made a concession by supporting the infrastructure legislation before a vote on the larger spending package.

Ford Motor Co. applauded the passage, saying in an emailed statement: "Last night's vote is great news for the United States' infrastructure and transition to a zero emissions transportation future. ... We look forward to seeing this bipartisan investment signed into law by President Biden and continuing to work with our government partners to combat climate change, make it easier for people to move, and support American workers and manufacturing."

UAW President Ray Curry said in an emailed statement he was encouraged by passage of the procedural rules for the Build Back Better Act: "We now look forward to swift passage by the U.S. House of the BBBA along with the Kildee/Stabenow Provision that when paired with this infrastructure bill will ensure that consumer EV subsidies for new EV products will be made in the United States by workers who have good paying union jobs."

Biden, in his statement, he said he looked forward to signing them into law and that "generations from now, people will look back and know this is when America won the economic competition for the 21st century."

His upbeat statement came after House leaders and the White House spent hours trying to keep the legislation on course, with both wings of the Democratic Party expressing wariness.

"I've spoken to the president a number of times today, and the president appreciates that we are working in good faith with our colleagues," said Rep. Pramila Jayapal, head of the Congressional Progressive Caucus. "We're going to trust each other because the Democratic Party is together on this; we are united that it is important for us to get both bills done."

A statement from the group of moderates, including Reps. Stephanie Murphy and Josh Gottheimer, said they would commit to voting for the economic package "in its current form" as long as a Congressional Budget Office score was consistent with White House estimates on cost and revenue.

The back-and-forth throughout the day and threats from both factions to scuttle any action left some lawmakers frustrated.

"We started this day thinking we had a deal, thinking that we were going to cast our votes — were excited to cast those votes," said Rep. Jared Huffman, a progressive from California. "And then a small cohort of our colleagues moved the goal posts."

Still, not all of the progressives were ready to go for the deal. The six Democratic "no" votes all were part of a group of progressives often referred to as the squad: Alexandria Ocasio-Cortez and Jamaal Bowman of New York, Ilhan Omar of Minnesota, Rashida Tlaib of Michigan, Cori Bush of Missouri and Ayanna Pressley of Massachusetts.

"I cannot in good conscience support the infrastructure bill without voting on the President's transformative agenda first," Omar said in a statement.

The 13 Republican "yes" votes included Fred Upton of Michigan, Jeff Van Drew of New Jersey and John Katko of New York.

With the vote in doubt for much of the day, Biden made calls to House Democrats and put off plans to leave Washington on Friday for his Delaware home. From the White House, he continued to lobby Democrats well into the night.

The public works bill totals more than $1.2 trillion when routine highway dollars are factored in. Biden has promoted it as a vital step to taking on the challenge of a rising China, and a test of Washington's policymaking abilities in a time of sharp partisan divides.

House Republicans argued that it didn't focus enough on roads and that passing it would "unlock" the social spending bill, which they said would generate inflation.

"The Senate infrastructure bill and the massive tax and spending spree are not the will of the American people," Cathy McMorris Rodgers, a Washington state Republican, said during floor debate. "The Democrats' radical agenda to spend a reckless amount of money will raise costs and make it even harder for people to build a better life." 

Passage of the bill came after Democrats failed to meet two deadlines in September and October to act on the bill, despite personal appeals by the president.

Progressives for months had effectively blocked the infrastructure bill, withholding their support — needed for passage — to gain leverage over party moderates in the fight over the bigger, Democrats-only bill.

The so-called reconciliation bill, providing an expansion of spending on social programs and measures to address climate change along with higher taxes on companies and the wealthy, now totals more than $1.75 trillion, down from an earlier $3.5 trillion.

Progressives had insisted on a deal — or even an actual vote — in the Senate on the reconciliation bill before they'd back the infrastructure legislation. With infrastructure passed, the risk is that liberals will no longer have sway over Senate moderates, who have raised doubts about Medicare, paid family leave, methane fees, nicotine taxes and immigration measures in the other bill.

"I think there's a major concern," Ocasio-Cortez said.

House Majority Leader Steny Hoyer said the legislation would be passed before the Nov. 25 Thanksgiving holiday. In their statement, moderates said they would allow for a vote no later than the week of Nov. 15.

Yet that could delay final action into December, when Congress must grapple with a Dec. 3 government funding deadline and raising the debt ceiling, both of which will spark conflict with Republicans. 

The Senate had passed the infrastructure plan Aug. 10 on a bipartisan 69-30 vote. The Senate bill introduced deadlines for the U.S. Department of Transportation to issue rules on automatic shut-off for keyless ignition systems, updated headlamp standards and a requirement for new vehicles to be equipped with drunken-driving prevention and impaired-driving prevention technology.

The Center for Auto Safety said in a statement Friday: "While our 51 years of fighting for consumer protection and safety from vehicle crashes has taught us that progress can be slow and painful at times, it is possible."

Nineteen Republicans, including Minority Leader Mitch McConnell, joined with all 50 senators who caucus with Democrats to support the bill.

The Congressional Budget Office said the bill would add $256 billion to the federal budget deficit over the next decade.

Bloomberg and Automotive News contributed to this report.