Senate Republicans Propose Middle-Class Tax Relief, Financed by SALT Cap Extension

Capitol dome side flag overcast

Congressional Republicans this week proposed legislative measures—aimed at helping middle-class savers and spurring investment without further increasing inflation—as a precursor of GOP economic policies that may be promoted during the fall’s midterm elections. Senate and House announcements on inflation followed last week’s Labor Department report showing the consumer price index reached 8.6 percent in May. In response, the Federal Reserve raised interest rates  by 75 basis points, its largest hike since 1994. (Wall Street Journal and Tax Notes, June 14 | CNBC, June 15) 

Senate GOP Proposal 

  • This week, Sens. Chuck Grassley (R-IA), John Barrasso (R-WY), Steve Daines (R-MT), and James Lankford (R-OK) introduced the Middle-Class Savings and Investment Act.  The legislation aims to help the middle class through tax cuts and savings incentives, paid for by extending the current $10,000 cap on the deduction for state and local taxes. (Sen. Grassley news release, June 14) 
  • The Republican-introduced bill would:
    • Expand the Zero Rate Bracket for Capital Gains and Dividend IncomeThe legislation would increase the size of the zero percent tax bracket for long-term capital gains and qualified dividends. Under the proposal, a married couple with income under $178,000 would not owe tax on capital gains and dividend income. 
    • Provide Relief from the Net Investment Tax for a Married CoupleThe legislation would exempt the first $400,000 earned by a married couple from the 3.8 percent net investment income tax that otherwise applies to capital gains, dividends, and passive rental income. Currently, the first $200,000 earned by an individual and $250,000 earned by a married couple is exempt from the tax. 
    • Create and Expand Tax Relief for Interest Income and Retirement SavingsThe legislation would allow individuals to exclude up to $300 ($600 if married) of interest income from taxation. Additionally, the bill would expand the tax credit that encourages low-income taxpayers to contribute to a qualified retirement account. (Backgrounder on the Senate legislation)
  • The bill would be paid for by extending the current $10,000 cap on the deductibility of state and local taxes for three years, or however long is needed. The deduction is scheduled to expire at the end of 2025.  

House Republican Outline 

R Ways and Means Brady graphic

  • On June 14, House Ways and Means Committee Republicans released a one-page document outlining a six-point plan to combat inflation. The GOP calls for repurposing $170 billion in unspent pandemic federal aid for deficit reduction while pursuing permanent tax relief. The list of principles also urges policymakers to reject the Biden administration’s proposed overhaul of the tax code affecting corporations and wealthy individuals. (BGov, June 15)
  • The proposals to fight inflation by congressional Republicans seek to provide a contrast to the approach by Democrats, which includes cutting prescription drug costs and increasing taxes on oil company profits. (PoliticoPro, June 14) 

The Roundtable’s Tax Policy Advisory Committee (TPAC) met today in conjunction with The Roundtable’s 2022 Annual Meeting to discuss policy issues affecting the taxation of commercial real estate. (See story above). 

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DHS Warns of Increased Extremist Threats Through November Midterm Elections

DHS Bulletin June 7, 2022

The Department of Homeland Security (DHS) issued a National Terrorism Advisory System Bulletin this week, warning of a “heightened threat environment” affecting targets that encompass U.S. critical infrastructure, public gatherings, faith-based institutions, schools, racial, ethnic, and religious minorities, government facilities and personnel, the media, and perceived ideological opponents. (DHS Bulletin, June 7) 

CRE & Security Threats 

Cathy Lanier

Gun Violence

CEOs for Gun Safety

  • Three real estate CEOs who have served on The Roundtable’s Board of Directors joined 225 other national business leaders in a joint letter to the Senate yesterday, urging “bold urgent action” to address gun violence. (CBS News, June 10)
  • Roundtable members Owen Thomas (CEO & Director, Boston Properties/BXP), Scott Rechler, (Chairman and CEO, RXR) and William Rudin (Co-Chairman & CEO, Rudin Management Company) are signatories on the joint letter.
  • The letter states, “Taken together, the gun violence epidemic represents a public health crisis that continues to devastate communities—especially Black and Brown communities—and harm our national economy.” (CNBC, June 10) 

  • Roundtable President and CEO Jeffrey DeBoer issued a May 27 statement on gun violence in America, calling on Democrats and Republicans “… to pass common sense legislation to remove weapons of war from America’s cities and communities.” 

The Roundtable’s 2022 Roundtable Policy Agenda states, “As a critical part of the nation’s infrastructure, real estate continues to face an array of threats from natural catastrophes, international and domestic terrorism, criminal activity, cyber-attacks, and border security. To address such threats, The Roundtable continues to help build a more secure and resilient industry against both physical and cyber threats.” 

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Roundtable Submits Comments to SEC on Climate Risk Disclosure Proposal

SEC logo and text

The Real Estate Roundtable submitted comments today to the U.S. Securities and Exchange Commission (SEC) on a proposed rule that would require all registered companies to disclose material financial risks related to climate change. The comments were developed with The Roundtable’s Sustainability Policy Advisory Committee (SPAC), chaired by Tony Malkin (Chairman, President and CEO of Empire State Realty Trust). (GlobeSt, March 22) 

Extensive Climate Risk Disclosures

  • The SEC’s proposal, “Enhancement and Standardization of Climate-Related Disclosures for Investors,” is a key component of the Biden Administration’s efforts to cut U.S. greenhouse gas emissions. (CBS-AP | Bloomberg Axios, March 21)

  • If the rule is finalized, compliance would phase-in over the next several years. All SEC registrants would be required to quantify their greenhouse gas (GHG) emissions, assess the economic impact of rising sea levels related to their assets, and report in SEC filings (for the benefit of investors) on these and other climate-related risks through annual 10-Ks and additional filings. (SEC News Release | Proposed Rule | Fact Sheet, March 22)

  • The SEC’s extensive draft rule has raised significant concerns throughout the U.S. business community. (ClimateWire, June 2). The proposal includes new disclosure requirements for “Scope 3” GHG emissions, which are generated outside a business’ direct control by partners, suppliers, and consumers that make up the “value chain” of that business. (EPA Scope 3 Inventory Guidance and Fourkites).

Roundtable Response

CRE building with tree and sunshine
  • The Roundtable’s comment letter is summarized as follows:

    • Registered Companies Should Not be Required to Report on Emissions From Sources They Do Not Own or Control.
      When applied to the CRE context, this means that a building owner should not be under a mandate to report on emissions attributable to the operations of tenants in leased spaces. For example, emissions from metered electricity in a tenant-leased space should not be the CRE owner’s responsibility to report to the SEC.  

    • Create a “Safe Harbor” for Emissions Calculated with U.S. Government Data and Tools.
      Reporting companies should be protected by a “safe harbor” that insulates emissions disclosures from liability—in both SEC enforcement as well as private litigation—when calculations are based on the best, available, and most recent data and tools released by the federal government.

    • There Should be No Scope 3 Reporting “Mandate.”
      Scope 3 disclosures typically depend on GHG data possessed by suppliers and other businesses in a reporting company’s value chain. Registrants should not be under any Scope 3 disclosure mandate because they frequently cannot get the basic data to quantify those “indirect” estimates.

    • Wait Until a Registrant has a Full Year of “Actual” Data Before Requiring Emissions Disclosures.
      The proposal as written effectively requires two separate emissions disclosures each fiscal year. The SEC should only require emissions filings once a year—after a company has all of the “actual” data it needs to support and verify its calculations.

    • Financial Risks from Severe Weather Events Should be Subject to “Principles-Based” ReportingAs Opposed to One-Size-Fits-All “Prescriptive” Rules.
      Risks from floods, droughts, and similar events should be subject to narrative, “principles-based” reporting. The SEC should drop its proposed “prescriptive” rule that registrants should precisely quantify impacts from climate-related events if they have a one-percent or greater impact on any line item in a financial statement.  

Policymaker Concerns

  • The Biden administration is expected to push forward with a final rule that could be issued later this year.

  • Senator Joe Manchin (D-WV), chairman of the Senate Committee on Energy and Natural Resources, sent a letter to the SEC on April 4 outlining his concerns with the proposal.

  • Senate Republicans also expressed their opposition to the SEC proposal in an April 5 letter.

  • House Republicans have called for a hearing on the SEC’s proposal—signaling heightened oversight should they win the majority in this November’s mid-term elections. (E&E News, May 10)

The Roundtable’s comments to the SEC will be a focus of the SPAC meeting on June 17, held in conjunction with The Roundtable’s Annual Meeting.

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President Biden Announces Plan to Fight Inflation With Federal Reserve in Lead Role

President Biden meets with Fed Chair Powell and Treasury Secretary Yellen on inflation

President Joe Biden affirmed this week that the Federal Reserve will take the lead role in his administration’s efforts to tame inflation. The Fed’s “Beige Book” of regional economic surveys also confirmed the economy is facing headwinds of high inflation, supply chain issues and labor market difficulties. (Barron’s, May 31 and MarketWatch, June 1)

Top Economic Priority

  • Biden announced a three-pronged plan to fight inflation as his “top economic priority” in a May 30 Wall Street Journal op-ed, where he noted the Fed will have the primary responsibility to control rising prices.
  • Biden stated his second goal is to push Congress to act on cost-reduction measures such as clean energy tax credits and a Housing Supply Action Plan recently proposed by the administration. Lastly, he listed that Congress must act to reduce the federal deficit, citing a May 25 report by the Congressional Budget Office. (CBO Budget and Economic Outlook: 2022 to 2032).
  • Federal Reserve Chair Jay Powell and Treasury Secretary Janet Yellen also met with President Biden this week (see photo with video link, above) to reiterate their “laser focus on addressing inflation.” Biden remarked, “With a larger complement of [Federal Reserve] board members now confirmed, I know we’ll use those tools of monetary policy to address the rising prices for the American people.” (White House remarks and video, May 31)
  • The next meeting of the Federal Open Market Committee is June 14-15, when it is expected that the Fed’s benchmark interest rate will be increased by half a percentage point. (AP, May 25)
  • The White House previously announced plans to combat inflation on May 10 that included proposals to increase taxes on large corporations and the wealthiest Americans – and possibly eliminate Trump-era tariffs on foreign imports. (White House Inflation Plan | News conference video | The Hill, May 10) 

Beige Book & Sentiment Index

Beige Book cover -  June 1 2022

  • In the Fed’s June 1 “Beige Book,” the majority of the twelve Federal Reserve Districts reported slight or modest growth. Survey respondents cited labor market difficulties as their greatest challenge, followed by supply chain disruptions. Rising interest rates, general inflation, the Russian invasion of Ukraine, and disruptions from COVID-19 cases (especially in the Northeast) round out key concerns impacting household and business plans, according to the Fed’s surveys.
  • Roundtable President and CEO Jeffrey DeBoer commented on similar findings in The Real Estate Roundtable’s Q2 2022 Economic Sentiment Index. “Our Q2 Sentiment Index reveals bright spots for lease demand in a wide swath of the economy, particularly regarding life sciences, industrial, multifamily, and data center assets. At the same time however, high inflation, rising interest rates, labor and supply chain shortages are increasing costs associated with all real estate development and operations. The impact of ongoing war in eastern Europe is another cloud tempering optimism.”
  • He added, “We urge national policymakers to focus on creating jobs and supporting strong real estate asset values. Both actions would buttress the overall economy and help local community budgets provide needed safety, education and transportation services.” (Roundtable news release, May 13)

CBO Projections

CBO Outlook website image

  • The CBO’s May 25 Budget and Economic Outlook noted that although the deficit is projected to fall to about $1 trillion — or 4.2 percent of GDP — in the current fiscal year from almost $2.8 trillion last year, demographic pressures and other factors will push deficits steadily higher in later years.
  • These pressures on the federal deficit could have an impact on the prospect for legislation addressing “tax extenders” later this year during a post-election, congressional “lame duck” session. 

Inflation, interest rates and other economic conditions will be a focus of discussion during The Roundtable’s Annual Meeting on June 16-17 in Washington, DC (all member meeting). 

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Discussions Gain Momentum on Reconciliation Package

Capitol building spring

Congress returns to Washington next week as talks on a scaled-back reconciliation package between Senate Majority Leader Chuck Schumer (D-NY) and Sen. Joe Manchin (D-WV) have reportedly gained momentum, with a focus on climate and energy provisions, deficit reduction, and lowering prescription drug costs. (Wall Street Journal, May 28 and Axios, May 27)

 The Reconciliation Route 

  • Axios reported last night that Manchin’s separate talks with several Republican Senators on the contours of a pared-down, bipartisan legislative package have reached an end. (Axios, June 2 and Roundtable Weekly, May 6)
     
  • Manchin, who stymied the Build Back Better (BBB) Act from moving forward last year, is the key to a possible alternative Democratic reconciliation bill that could pass the 50-50 Senate on a party-line vote. 
  • Sen. Manchin and Sen. John Thune (R-SD), who holds the number two position in Senate Republican leadership, will be among the guests during The Roundtable’s Annual Meeting on June 16. 
     
  • Sen. Kyrsten Sinema (D-AZ) is also a crucial centrist vote. She discussed policy issues at The Roundtable’s April 25 Spring Meeting. (Roundtable  Weekly, April 29) 

Scaling Back 

Sens. Joe Manchin and Chuck Schumer

  • The Schumer-Manchin discussions are now reportedly addressing a pared-down package involving $800 million to $1 trillion in revenue from a new minimum tax on large company profits and increased IRS enforcement. Half of these revenues would go to deficit reduction. (Wall Street Journal, May 28 and Axios, May 27) 
  • Some of the remaining revenues would reportedly focus on possible tax incentives for reducing carbon emissions and support for existing energy sources. An extension is also under consideration for Affordable Care Act health insurance subsidies, which are scheduled to expire later this year as the November mid-terms approach. 
  • The most significant portion of the moribund BBB Act’s proposed spending was focused on climate policies. The Roundtable on Nov. 16, 2021 sent a letter to congressional tax writers detailing five recommendations on green energy tax provisions affecting real estate that were part of the BBB Act. (Roundtable Weekly, Nov. 19, 2021) 

Time is short to move any new legislative package via reconciliation with midterms looming. Manchin has stated the only deadline is Sept. 30 to pass a spending bill, although other policymakers have signaled it would have to be done before the August recess. (Wall Street Journal, May 28 and Reuters, May 27) 

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Roundtable-Supported Fed Liquidity Facility Bolstered CRE Finance During Pandemic

Fed Building DC

A report published this week by the Dallas Fed concludes that the Federal Reserve’s Term Asset-Backed Loan Facility (TALF) played a key role in bolstering commercial real estate finance during the pandemic. The Federal Reserve added outstanding CMBS as eligible collateral for lending through the TALF in 2020 after urgent requests from business coalitions that included The Real Estate Roundtable. (Roundtable Weekly, April 17, 2020 and Joint Trades letter, March 24, 2020) 

TALF & CRE

  • The report by three authors with the Federal Reserve Bank of Dallas’ Research Department states the value of CRE assets at the onset of the pandemic in Feb. 2020 – particularly office towers, retail centers and hotels – suddenly became uncertain. The TALF’s subsequent support of asset-backed securities successfully anchored CMBS prices and helped to steady CRE finance during a tumultuous economic environment.
  • The TALF, previously used during the 2008 financial crisis, was relaunched by the Fed on March 23, 2020 in response to the Covid-19 crisis.
  • A business coalition that included The Roundtable on March 24, 2020 urged the Federal Reserve, Treasury, and Federal Housing Finance Agency to immediately expand the TALF to include non-agency CMBS – including legacy private-label conduit and single-asset single borrower (SASB) assets. The coalition stated the inclusion of private-label assets would stabilize asset prices and shore up the balance sheets of market participants. (Joint Industry letter)
  • On April 9, the Federal Reserve announced the range of TALF-eligible collateral would expand to include triple-A rated tranches of both outstanding (legacy) CMBS, commercial mortgage loans and newly issued collateralized loan obligations. However, the updated term sheet excluded single-asset single borrower (SASB) CMBS and commercial real estate collateralized loan obligations (CRE CLOs). (Federal Reserve news release and Term Sheet)
  • Six real estate industry organizations, including The Roundtable, wrote again to federal regulators on April 14, 2020 about the urgent need to include a wider range of investment grade commercial real estate debt instruments in the Fed’s TALF.
  • The 2020 letter stated, “Commercial and multifamily real estate assets that were perfectly healthy just weeks ago now face massive stress and a wave of payment and covenant defaults.”

  • The Fed on May 12, 2020 broadened the range of leveraged loans that could be used as collateral for the TALF to include new Triple-A rated collateralized loan obligations (CLOs) with leveraged loans. (Fed news release and Term Sheet)

TALF Lessons 

Federal Reserve Building up close

The report published this week concludes the TALF proved especially important in supporting commercial real estate finance. “The TALF program structure provided needed liquidity to investors at the height of the pandemic, but it incentivized borrowers to exit as normal market conditions returned, allowing the program to quickly unwind,” the article states. 

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Roundtable Calls for Common Sense Gun Policy

Jeffrey DeBoer, Real Estate Roundtable President and CEO

Roundtable President and CEO Jeffrey DeBoer, above, issued a statement today on gun violence in America. 

  • “Enough is enough. Congress must set politics aside. We call on Congress to use its moral authority to help make our schools, places of worship, work, shopping and recreation more safe from gun violence.”
     
  • “Democrats and Republicans must come together, in a national act of healing, and pass common sense legislation to remove weapons of war from America’s cities and communities. Enough is enough,” DeBoer said. 

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New Legislation to Reauthorize the National Flood Insurance Program Released Before House Committee Hearing

urban Flood Hurricane Sandy

The House Subcommittee on Housing, Community Development, and Insurance held a hearing on May 25 to address the reauthorization and reform of the National Flood Insurance Program (NFIP). Funding for the program is set to expire on Sept. 30 if reauthorization is not passed by Congress. (Hearing Webcast and Committee Memorandum)

  • Since the last major reauthorization expired at the end of fiscal 2017, there have been 19 short-term NFIP extensions and several brief lapses, according to the committee’s memo.
  • Five draft bills were released in conjunction with the hearing, including two from House Financial Services Committee Chair Maxine Waters (D-CA). Her first bill would reauthorize the program for five years, renew flood risk mapping and mitigation funds, and offer discounted rates to lower-income households. Water’s second bill would cancel the indebtedness of the NFIP. 

The Roundtable View
NFIP logo

  • The Roundtable supports a long-term reauthorization of the NFIP with appropriate reforms that create long-term stability for policyholders, improved accuracy of flood maps, improved mitigation, enhanced affordability, and the acceptance of non-NFIP policies for commercial properties. (Roundtable website)
  • Under the current NFIP, commercial property flood insurance limits are very low – $500,000 per building and $500,000 for its contents. Lenders typically require this base NFIP coverage, and commercial owners must purchase Supplemental Excess Flood Insurance for coverage above the NFIP limits.
  • The Roundtable and its coalition partners support NFIP reauthorization with the inclusion of provisions that permit a voluntary “commercial exemption” for mandatory NFIP coverage if commercial property owners currently maintain adequate flood coverage.
  • Given the low coverage amounts provided to commercial properties, it is important to permit larger commercial loans to be exempt from the mandatory NFIP purchase requirements.

Congress will face the possibility of yet another NFIP funding extension before September 30 if policymakers cannot agree on reforming the program through legislation.

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Healthy Workplaces Policy Coalition Launches With Roundtable’s Backing

Healthy workplace with employees at table

The “Healthy Workplaces Coalition” launched this week with the backing of The Real Estate Roundtable to support federal policies that promote health and safety in offices and other work environments. (Coalition news release and 1-pager, May 25) 

Roundtable Support 

  • More than 40 national organizations, industry leaders and trade associations will collaborate on federal policies to support the health and well-being of employees, customers and the public in workplaces and across the built environment.
  • The International WELL Building Institute (IWBI) and ISSA–The Worldwide Cleaning Industry Association lead the Coalition. The Roundtable and Building Owners and Managers Association (BOMA) International join them on the Steering Committee, and the American Hotel & Lodging Association (AHLA) is among the Coalition’s founding members.   
  • “Revitalizing downtown communities hit hard by the pandemic depends on getting America’s workers back to the office place – and supporting the mom-and-pop restaurants and stores that serve our central business districts,” said Jeffrey D. DeBoer, President and CEO of The Real Estate Roundtable. “Policies that support investments to improve indoor air quality and other healthy building strategies will not only accelerate the return to the workplace, but improve the long-term resiliency of our nation’s built environment.”
  • The Healthy Workplaces Coalition launch announcement cited a recent Honeywell survey, which showed 72% of office workers worldwide worry about air quality in their workplaces’ buildings.
  • Back-to-the-workplace issues were the focus of a Roundtable virtual town hall in March with U.S. Department of Labor Secretary Martin Walsh and Roundtable Chair John Fish (Chairman and CEO, Suffolk). Town hall participants Fred Seigel (President and CEO, Beacon Capital Partners) and Owen Thomas (CEO, Boston Properties), emphasized the importance of healthy building strategies as key measures necessary to prompt workers’ return to office environments. (Watch video discussion | Roundtable Weekly, March 18) 

Policy Focus logo - Healthy Workplaces Coalition

  • The coalition will support federal incentives and other policies that help businesses defray some of the extra costs they incur for heightened sanitization and safety practices prompted by the spread of COVID-19.
  • For example, the coalition aims to build support for legislation such as the bipartisan Healthy Workplaces Tax Credit Act (S. 537), introduced by Sens. Rob Portman (R-OH) and Kyrsten Sinema (D-AZ), backed by The Roundtable since the height of the pandemic. Companion legislation pending in the House (H.R. 1944) is sponsored by Reps. Stephanie Murphy (D-FL) and Darin LaHood (R-IL).
  • The Portman-Sinema bill would provide a refundable tax credit against payroll taxes for 50 percent of the costs incurred by a business for adhering to health guidelines, as well as support for training and education on the prevention of virus transmission.
  • Similarly, the recently introduced Airborne Act  sponsored by Rep. Don Beyer (D-VA) would provide a tax credit for businesses to conduct indoor air quality assessments, and create a voluntary certification program for CRE owners that meet heightened ventilation standards. (Beyer news release, May 9) 

Reopening businesses and the country is an important priority in The Roundtable’s 2022 Policy Agenda: “Connection, Commitment, and Collaboration – Supporting Federal Policy Through Experience and Innovation in 2022” – and will be a focus of discussion during The Roundtable’s all-member Annual Meeting on June 16-17 in Washington. 

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Biden Administration Marks Six-Month Anniversary of Bipartisan Infrastructure Law

Biden cabinet members IIJA

White House Infrastructure Coordinator Mitch Landrieu led a group of Biden administration cabinet officials this week in recognizing the six-month anniversary of the $1 trillion infrastructure package, noting the 4,300 projects underway with more than $110 billion in allocated funding. (White House Fact Sheet and YouTube news conference, May 16) 

Implementation Efforts 

  • The Biden Administration has published an interactive map showing where the $110 billion will be spent. Of that total amount, $52.5 billion is for federal highway funding this fiscal year, $20.5 billion for public transit, and $27 billion over five years for bridges, airports, ports, the electric grid, and other infrastructure programs.
  • Ninety percent of funding authorized by the $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) enacted last November will be implemented by governors and mayors. In January, the White House requested state and local leaders appoint infrastructure coordinators to manage the flow of funds. (White House Fact Sheet, May 16)
  • A White House guidebook to IIJA-funded programs released on Jan. 31 provides a key tool for states and local governments to apply for federal grants, loans, and public-private partnership resources under more than 375 infrastructure investment programs.  (The Hill, Jan. 31 and Roundtable Weekly, Feb. 4)
  • Department of Transportation (DOT) Secretary Pete Buttigieg stated on March 28 that the administration’s budget includes $100 million in recommended funding for the Hudson Tunnel commuter rail project, which is part of the Gateway Program, a series of strategic rail infrastructure investments along the Northeast Corridor. (Railway Age, March 29 and The Center Square, March 30) 

Roundtable Support

Infrastructure Projects interactive map

  • The Roundtable has long supported federal transportation infrastructure investments to spur economic growth, support local communities and enhance America’s competitiveness. (Roundtable Weekly, Nov. 12, 2021) 
  • The Roundtable’s 2022 Policy Agenda states, “The IIJA allows $550 billion in new infrastructure investments, estimated to create around 2 million jobs per year over the next decade. This long-term investment in physical infrastructure can re-imagine how we can productively move people, goods, power and information from home to work, business to business, community to community – and building to building.” 

Landrieu noted that many large infrastructure projects funded by the law will take years to build out. “This is going to be Infrastructure Decade,” he said. (Reuters, May 16) 

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