Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

What’s the Latest on the Federal Infrastructure Bill?

Author: Scarinci Hollenbeck, LLC

Date: March 29, 2021

Key Contacts

Back
What’s the Latest on the Federal Infrastructure Bill?

While improving the country’s highways, bridges, railways, and broadband networks has broad bipartisan support, the devil is in the details...

While improving the country’s highways, bridges, railways, and broadband networks has broad bipartisan support, the devil is in the details. The Biden Administration must work with Republicans to reach a consensus on how much money to spend, what programs qualify as “infrastructure,” and whether to raise taxes to pay for it.

Biden Administration’s Infrastructure Goals

When running from President, Biden called for a massive overhaul of the country’s infrastructure. His plan centered on modernizing infrastructure, increasing reliance on clean energy, while also creating jobs and using infrastructure investments to address racial disparities. At the time, Biden estimated that his clean energy infrastructure plan would cost $2 trillion over four years. 

Below are several infrastructure initiatives President Biden outlined while campaigning:

  • Investing in the repair of water pipelines and sewer systems, replacement of lead service pipes, upgrade of treatment plants, and integration of efficiency and water quality monitoring technologies;
  • Transforming the energy sources that power the transportation sector to electricity and clean fuels, including commuter trains, school and transit buses, ferries, and passenger vehicles;
  • Providing all Americans in municipalities of more than 100,000 people with quality public transportation by 2030; 
  • Installing 500,000 electric vehicle charging stations; and
  • Expanding broadband, or wireless broadband via 5G, to every American.

Challenges to Passing an Infrastructure Bill

Republicans, along with several business industry groups, have stated that they are willing to work with the Biden Administration to pass infrastructure spending of at least $1 trillion. Areas of agreement include funds for bridges, highways, rural broadband networks, and water/sewer systems. However, including broad climate change measures or unpaid leave is likely a more uphill battle.

While Republicans and Democrats may agree that the country’s infrastructure needs upgrades, legislation to make that happen will be subject to the same political divides that impact any other bill. The biggest hurdle is whether or not to raise taxes to fund infrastructure spending. Republicans have already pushed back at the prospect of tax hikes. Business groups are lobbying for alternatives to tax increases, such as private-public partnerships. The U.S. Chamber of Commerce has also proposed temporarily raising the gas tax as one way to pay for the infrastructure overhaul.

If the parties can’t reach a consensus, Democrats could seek to pass an infrastructure bill without any Republican support. The process of reconciliation allows for Democrats to pass legislation with a bare majority in the evenly divided Senate, without having to obtain the typical 60-vote supermajority required for bills. Vice President Kamala Harris’s vote would then break the tie and allow passage of the bill.

Reconciliation is intended to allow for expedited consideration of certain tax, spending, and debt-limit legislation. Reconciliation starts with the congressional budget resolution. If the budget calls for reconciliation, it tells certain committees to change spending, revenues, or deficits by specific amounts. Each committee writes a bill to achieve its target, and if more than one committee is told to act, the Budget Committee puts the bills together into one big bill.

The budget reconciliation process put bills on the fast-track. They can’t be halted by a filibuster, Senate debate time is limited, and only certain kinds of amendments can be offered. However, reconciliation is limited to certain circumstances — only policies that change spending or revenues can be included.

What’s Next?

Now that the COVID-19 stimulus bill is done, the Biden Administration has turned its attention to infrastructure. While President Biden has not yet unveiled his plan to fund an infrastructure bill, the White House and Department of Transportation officials have begun discussions with business leaders and Republicans. While not confirmed, Memorial Day has been floated as the date when President Biden would submit his proposal to Congress.  He is expected to preview the plan in April when he addresses a joint session of Congress. While there is no set deadline to pass an infrastructure package, the five-year Fixing America’s Surface Transportation Act (FAST Act), which funds highway and transportation programs, expires September 30, 2021.

If you have questions, please contact us

If you have any questions or if you would like to discuss the matter further, please contact me, Teddy Eynon, or the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
How Understanding Bankruptcy Trends Can Benefit Your Business post image

How Understanding Bankruptcy Trends Can Benefit Your Business

The bankruptcy legal landscape presents both challenges and opportunities for businesses navigating financial distress. Understanding current bankruptcy trends can help businesses make more informed and strategic decisions. Corporate Bankruptcy Filings Trending Upwards Bankruptcy filings continued to trend upwards in 2024. According to statistics released by the Administrative Office of the U.S. Courts, personal and business […]

Author: Brian D. Spector

Link to post with title - "How Understanding Bankruptcy Trends Can Benefit Your Business"
SEC Takes Actions Against Issuers for Failure to File Form D post image

SEC Takes Actions Against Issuers for Failure to File Form D

In December, the U.S. Securities and Exchange Commission (SEC) announced charges against two privately held companies for failing to file a Form D notice, which is generally utilized for exempt securities offerings. Here, the SEC’s enforcement sends a strong message: compliance with regulatory requirements is not optional and failure to comply can have significant consequences. […]

Author: Kenneth C. Oh

Link to post with title - "SEC Takes Actions Against Issuers for Failure to File Form D"
Redefining Labor Relations: NLRB's Pivot from Abruzzo’s Memoranda post image

Redefining Labor Relations: NLRB's Pivot from Abruzzo’s Memoranda

On February 14, 2025, the Office of General Counsel (OGC) of the National Labor Relations Board (NLRB) under Acting General Counsel William B. Cowen issued Memorandum 25-05, “New Process for More Efficient, Effective, Accessible and Transparent Case handling.” The Memorandum rescinds nearly all of the Memoranda issued by his direct predecessor, Jennifer Abruzzo, setting the […]

Author: Matthew F. Mimnaugh

Link to post with title - "Redefining Labor Relations: NLRB's Pivot from Abruzzo’s Memoranda"
What Are FIRPTA Withholding Requirements? post image

What Are FIRPTA Withholding Requirements?

If you purchase real property from a foreign person or entity, you may be required to withhold taxes from your payment to the seller under the Foreign Investment in Real Property Tax Act (FIRPTA). The federal tax law is designed to ensure that foreign sellers pay any applicable capital gains tax on profits realized from […]

Author: Jesse M. Dimitro

Link to post with title - "What Are FIRPTA Withholding Requirements?"
Does Your Homeowners Insurance Provide Adequate Coverage? post image

Does Your Homeowners Insurance Provide Adequate Coverage?

Your home is likely your greatest asset, which is why it is so important to adequately protect it. Homeowners insurance protects you from the financial costs of unforeseen losses, such as theft, fire, and natural disasters, by helping you rebuild and replace possessions that were lost While the definition of “adequate” coverage depends upon a […]

Author: Jesse M. Dimitro

Link to post with title - "Does Your Homeowners Insurance Provide Adequate Coverage?"
Understanding the Importance of a Non-Contingent Offer post image

Understanding the Importance of a Non-Contingent Offer

Making a non-contingent offer can dramatically increase your chances of securing a real estate transaction, particularly in competitive markets like New York City. However, buyers should understand that waiving contingencies, including those related to financing, or appraisals, also comes with significant risks. Determining your best strategy requires careful analysis of the property, the market, and […]

Author: Jesse M. Dimitro

Link to post with title - "Understanding the Importance of a Non-Contingent Offer"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!

Please select a category(s) below: