Biden's bipartisan deal faces Senate gauntlet

Biden's bipartisan deal faces Senate gauntlet
© Greg Nash

Senators are preparing to put the $1.2 trillion bipartisan infrastructure proposal backed by President BidenJoe BidenCDC chief clarifies vaccine comments: 'There will be no nationwide mandate' Overnight Defense: First group of Afghan evacuees arrives in Virginia | Biden signs Capitol security funding bill, reimbursing Guard | Pentagon raises health protection level weeks after lowering it Biden urges local governments to stave off evictions MORE through a legislative gauntlet as negotiators work to maintain, and potentially grow, their coalition.

Getting the bill through the Senate would be a win for Biden and a core group of centrists who have made big political bets on the ability of Congress to cut long-sought deals. And the negotiators are feeling increasingly bullish about their chances for success after overcoming two early hurdles.

But plenty of challenges lie ahead.

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Republicans are pushing for a lengthy Senate debate, including votes as potential changes to the bill, even as Senate Majority Leader Charles SchumerChuck SchumerAn August ultimatum: No recess until redistricting reform is done Biden to meet with 11 Democratic lawmakers on DACA: report Schumer's moment to transform transit and deepen democracy MORE (D-N.Y.) wants to wrap up the entire process in a matter of days. Not all of the 17 GOP senators who have helped advance the package have committed to sticking with it, and top progressives haven’t vowed their support.

“There’s going to be curveballs after curveballs,” said Sen. Bill CassidyBill CassidySenate starts infrastructure debate amid 11th-hour drama Top Democrat: 'A lot of spin' coming from White House on infrastructure The Hill's 12:30 Report - Presented by Facebook - US gymnast wins all-around gold as Simone Biles cheers from the stands MORE (R-La.), a member of the bipartisan group.

Asked about Schumer’s plan to pass the bill in a matter of days, Sen. John CornynJohn CornynSenate votes to take up infrastructure deal Biden officials pledge to confront cybersecurity challenges head-on Eight Republicans join Democrats to confirm head of DOJ environmental division MORE (R-Texas) added: “Oh, I think he’s being overly optimistic.”

The floor slog comes as senators have been negotiating late into the night to try to finalize the text of their agreement after they announced earlier this week that they had a deal on the “major issues” with Biden’s blessing. That major step forward came roughly a month after the core group of 10 senators announced an agreement on a framework for $1.2 trillion over eight years.

Sen. Rob PortmanRobert (Rob) Jones PortmanOn The Money: Justice Department says Trump's tax returns should be released | Democrats fall short of votes for extending eviction ban Photos of the Week: Olympic sabre semi-finals, COVID-19 vigil and a loris Senate starts infrastructure debate amid 11th-hour drama MORE (R-Ohio), after the group met with Schumer late Friday afternoon, said they had resolved two of the biggest sticking points: transit and broadband provisions.

“So we’re ready to go,” he said.

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But Republicans say they want to offer a substantial number of amendments. Senate GOP Leader Mitch McConnellAddison (Mitch) Mitchell McConnellThe Hill's Morning Report - Presented by Facebook - Biden sets new vaccine mandate as COVID-19 cases surge Democrats warn shrinking Biden's spending plan could backfire Trump takes two punches from GOP MORE (R-Ky.), who has voted to advance the bill so far, warned that his caucus wants a “robust, bipartisan floor process.”

Sen. John ThuneJohn Randolph ThuneSenate votes to take up infrastructure deal Senators say they have deal on 'major issues' in infrastructure talks Senators reach billion deal on emergency Capitol security bill MORE (S.D.), the No. 2 GOP senator, predicted that he and other Commerce Committee Republicans would likely have changes to the broadband language.

And Cornyn said he is drafting amendments to change how the bill is paid for, including looking at user fees, a revenue stream that Democrats have balked at putting on the table.

“We’re working on some ideas that maybe could help bolster the pay-fors,” he said.

Asked if Republicans are going to want amendments, Sen. Kevin CramerKevin John CramerTrump takes two punches from GOP The Hill's 12:30 Report - Presented by Facebook - US gymnast wins all-around gold as Simone Biles cheers from the stands The Hill's Morning Report - Presented by Facebook - A huge win for Biden, centrist senators MORE (R-N.D.), who has been supporting the package, added: “Oh yeah, for sure, and so will the Democrats.”

Leadership is likely going to have to negotiate an agreement on how many amendments come up for a vote, and how to divide them up between Republicans and Democrats.

“I’ve talked to some colleagues on our side, and on their side, who have amendments that sound pretty reasonable to me,” Portman said.

The bipartisan deal has sparked backlash from conservatives, and former President TrumpDonald TrumpMeghan McCain: Democrats 'should give a little credit' to Trump for COVID-19 vaccine Trump testing czar warns lockdowns may be on table if people don't get vaccinated Overnight Health Care: CDC details Massachusetts outbreak that sparked mask update | White House says national vaccine mandate 'not under consideration at this time' MORE, who argue that by helping Democrats pass the $1.2 trillion plan, which includes $550 billion in new spending, they are making it easier for Democrats to pass an expansive $3.5 trillion plan. Democrats are planning to use budget rules that let them bypass Republicans in order to pass the larger bill, which will include some of the party’s top priorities, such as immigration reform, expanding Medicare and combating climate change.

GOP Sens. Rick Scott (Fla.), Mike LeeMichael (Mike) Shumway LeeHouse GOP stages mask mandate protest 228 Republican lawmakers urge Supreme Court to overrule Roe v. Wade Economic growth rose to 6.5 percent annual rate in second quarter MORE (Utah), Ron JohnsonRonald (Ron) Harold JohnsonTrump urged DOJ officials to call election corrupt 'and leave the rest to me' Chuck Todd is dead wrong: Liberal bias defines modern journalism Grassley pressured to run as Democrats set sights on Iowa MORE (Wis.), Ted CruzRafael (Ted) Edward Cruz228 Republican lawmakers urge Supreme Court to overrule Roe v. Wade GOP, Democrats battle over masks in House, Senate Human rights can't be a sacrificial lamb for climate action MORE (Texas), Josh HawleyJoshua (Josh) David Hawley228 Republican lawmakers urge Supreme Court to overrule Roe v. Wade Trio of Senate Republicans urges Supreme Court to overrule Roe v. Wade Atlanta-area spa shootings suspect set to be arraigned MORE (Mo.), Marsha BlackburnMarsha BlackburnBiden officials pledge to confront cybersecurity challenges head-on Biden's misinformation crackdown spotlights partisan divide on content reform White House looks to cool battle with Facebook MORE (Tenn.) and Mike BraunMichael BraunCDC backtracks with new mask guidance GOP senators invite Yellen to brief them on debt ceiling expiration, inflation Rand Paul introducing measure to repeal public transportation mask mandates MORE (Ind.) said in a joint statement they would not be supporting the bipartisan bill.

“Let’s not forget, this is just the first step in the Democrats’ plan to pass their $5.5 trillion tax and spend liberal wish list,” they added, referencing an analysis from budget watchdog group the Committee for a Responsible Federal Budget that found the $3.5 trillion bill could cost up to $5.5 trillion over a decade if made permanent.

And while 17 GOP senators have backed the $1.2 trillion bipartisan measure during procedural votes, several described themselves as tentative until they see the legislative text and an analysis by the Congressional Budget Office (CBO) on whether the provisions will cover the cost of the proposal.

“I can’t say until I see the statutory language. In fact, I can tell you that I told the whip organization that I’ll vote to move to the bill, but I’m not going to tell you how I’m going to vote for the bill yet,” said Sen. Chuck GrassleyChuck GrassleyThe Hill's 12:30 Report - Presented by Facebook - US gymnast wins all-around gold as Simone Biles cheers from the stands The Hill's Morning Report - Presented by Facebook - A huge win for Biden, centrist senators 'Blue wave' Democrats eye comebacks after losing reelection MORE (R-Iowa).

Sen. Roy BluntRoy Dean BluntThe Hill's Morning Report - Presented by Facebook - Biden sets new vaccine mandate as COVID-19 cases surge Former Missouri Gov. Jay Nixon passes on Senate campaign The Hill's 12:30 Report - Presented by Facebook - US gymnast wins all-around gold as Simone Biles cheers from the stands MORE (Mo.), one of the two members of GOP leadership who supported starting debate on the bill, added, “I want to be a yes.”

And Cramer, asked if he will support the bill in a final vote, said “not yet… but I expect to land there,” absent big changes.

Members of the bipartisan group are hoping they will be able to pick up more support before a final vote. Some Republicans, like Sen. Pat ToomeyPatrick (Pat) Joseph ToomeyBlack women look to build upon gains in coming elections Watch live: GOP senators present new infrastructure proposal Sasse rebuked by Nebraska Republican Party over impeachment vote MORE (Pa.), have said they voted no earlier because they hadn’t seen the final legislation. And in a boon to the group, Cornyn, who has so far not supported the bill, predicted the Senate would pass the package.

“[Schumer’s] going to have to give people an opportunity to have a reasonable number of amendments … but I think that this is going to pass and I think it will pass before the end of next week,” he said.

Meanwhile, progressives have fumed at Democrats for using months of time trying to negotiate a bipartisan deal instead of focusing on moving everything on their own. Schumer has vowed to approve a budget resolution, which greenlights the larger package, before leaving for a weeks-long summer break, but passage of the $3.5 trillion spending bill will wait until at least September.

Lauren Maunus, advocacy director for Sunrise Movement, called the bipartisan deal “pathetic” and “comically and terrifyingly small.”

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Sen. Bernie SandersBernie SandersAngst grips America's most liberal city Democrats warn shrinking Biden's spending plan could backfire Democrats say they have the votes to advance .5T budget measure MORE (I-Vt.), who voted to advance the bill over two initial hurdles, declined to say if he would vote for it on final passage.

“We still have a work in progress here on amendments,” he said.

Democrats say they are expecting potential amendments from their side of the aisle on broadband and the drinking water language.

Sen. Tom CarperThomas (Tom) Richard CarperTop Democrat: 'A lot of spin' coming from White House on infrastructure Bipartisan framework remains mostly consistent on climate Nearly 140 Democrats urge EPA to 'promptly' allow California to set its own vehicle pollution standards MORE (D-Del.), who wants full funding included for his water infrastructure bill that previously passed the Senate and money for fixing lead pipe water contamination, said he had been talking with leadership and Senate Democrats more broadly.

“There are a couple of areas where I’ve consistently said we need to do more,” Carper said, adding that he was also “very much interested in the pay-fors.”

But senators are skeptical about how many, if any, changes get added to the bipartisan deal. In the House, Rep. Peter DeFazioPeter Anthony DeFazioThe Hill's Morning Report - Presented by Facebook - Biden sets new vaccine mandate as COVID-19 cases surge Top Democrat: 'A lot of spin' coming from White House on infrastructure Hoyer urges conference talks on bipartisan infrastructure bill MORE (D-Ore.) has been pushing for the Senate to enter negotiations to include provisions from his own House-passed infrastructure bill.

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But even Carper, who has been in frequent contact with DeFazio, acknowledged that there was unlikely to be a conference committee.

“In a perfect world we would want to go to conference….I don’t think that’s going to be an option,” Carper said, but added that he and DeFazio would have a “dialogue.”

Members of the bipartisan group say they have a general understanding that they will vote against potential amendments, which they might otherwise support, if it threatens the ability of the underlying bill to get the 60 votes needed to ultimately pass. And they are hoping the upcoming budget resolution, where any senator can force a vote, will take some of the pressure off the debate on their bill.

“We don’t want to change the fundamental issues,” Portman said.

Sen. Thom Tilllis (R-N.C.), who has been supportive of the proposal, added that the group should “maintain the integrity” of the bipartisan deal.

“I’m a big believer in the open amendment process,” he said. “I think what’s important for those of us who have agreed to the specific deal, that we maintain the integrity of it, unless somebody comes out with something that we all mutually agree makes it better.”