Bipartisan Senate Infrastructure Bill in Sight

July 26, 2021

The bipartisan infrastructure bill continues to be negotiated by a group of 22 senators. Legislative text is (finally) expected this week once the Congressional Budget Office (CBO) “scores” the bill to calculate its cost and revenue. Negotiations continued over the weekend, although some senators left Washington. Politico reported that President Biden credited Senator Rob Portman, (R-OH) at a CNN town hall in Cincinnati, saying that the senator was a “…decent, honorable, man” and that he takes Republicans at their word and believes a deal with them would come together. The proposed deal nears $1.2 Trillion with $579 Billion in new spending.

After an earlier plan to pay for the spending through increased IRS enforcement fell apart, Senators found a new way to fund the missing revenue: delay a costly Trump-era Medicare regulation that reduces out-of-pocket costs for patients outside Medicare. Delaying the rule reduces expenditures by the Medicare program and produces a budgetary windfall the negotiators can use to help pay for roads, bridges, and other projects, according to Bloomberg.

Outstanding Issues

Democrats in the House and Senate are still pressing for further changes to the bipartisan bill. The biggest disagreement is over the ratio of transit funding in relation to highway funding down to 18% from 20%. Senators Sherrod Brown (D-OH) and Tom Carper (D-DE) say, “Robust funding for transit must be included in the legislation. We will not support any package that neglects this fundamental part of our nation’s infrastructure.” Other disputes, according to Punchbowl News involve broadband money, water funding, Davis-Bacon (labor union) requirements, and rescinding unspent COVID relief funds.

Republicans last week blocked a procedural vote on the bipartisan bill that had been forced by Senate Majority Leader Chuck Schumer (D-NY) to kick negotiations into higher gear. The gambit seems to have worked as the first vote failed, and enough Republicans are expected to support a similar vote this week to move forward after negotiations continued.

Plan B

Senate Majority Leader Chuck Schumer (D-NY) continues to talk openly about keeping the Senate in session into August to pass the bipartisan infrastructure bill and a budget that will allow Democrats to craft their reconciliation bill saying:
My colleagues on both sides should be assured: as majority leader, I have every intention of passing both major infrastructure packages – the bipartisan infrastructure framework and a budget resolution with reconciliation instructions – before we leave for the August recess.
If the bipartisan bill again fails a procedural vote, the Senate is likely to switch gears and focus on individual infrastructure bills for water, highways, rail, and energy.

Biden Legacy

Politico reported Sen. Chris Murphy (D-CT) said President Biden, “wants to bend over backwards to get a bipartisan agreement,” and that the White House’s posture has been to project “calm to the point of it becoming a mantra inside the White House: Settle down. Take a breath. We’re not giving up on it. If a deal on the massive bill materializes next week, as several senators involved in talks are suggesting, it would represent the most significant validation to date of Biden’s commitment to bipartisanship.”

Please contact Justin Ailes at jailes@crefc.org with any questions on infrastructure legislation.

Contact

JUSTIN AILES
Managing Director, Government Relations
202.448.0853
jailes@crefc.org
The biggest disagreement is over the ratio of transit funding in relation to highway funding down to 18% from 20%.
The information provided herein is general in nature and for educational purposes only. CRE Finance Council makes no representations as to the accuracy, completeness, timeliness, validity, usefulness, or suitability of the information provided. The information should not be relied upon or interpreted as legal, financial, tax, accounting, investment, commercial or other advice, and CRE Finance Council disclaims all liability for any such reliance. © 2021 CRE Finance Council. All rights reserved.

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