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Infrastructure deal at risk of crumbling

July 2021 employment law letter
Authors: 
the editors of Federal Employment Law Insider

As we "go to press," the bipartisan infrastructure bill is looking like much of the nation's infrastructure: teetering and at risk of completely crumbling.

By a strict party-line vote on a required procedural measure, the proposed multiyear, $1 trillion-plus bill was sidelined, as the persistent distrust between the political parties held sway. Republicans, including those supporting a bill, insisted more time was needed to create definitive legislative language and voted for delay. At the same time, many maintained the core principles of the bill—billions of dollars for roads, bridges, broadband, highways—were still within a 60-vote reach. Indeed, negotiators from both parties insisted the derailing vote was not critical and continuing talks will yield a bill both parties will support. But this is a high-wire act with all attendant risks.

Democrats are concerned these tactics are nothing more than a delay, such as the one that undermined the negotiations for the Affordable Care Act. They note the Republicans have already refused to add funds for the IRS to increase tax collections to pay for the bill but continue to insist any infrastructure bill must be "paid for." This leaves Democrats skeptical about the political message that will be sent about a "big-spending Democratic Administration."

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