Tuesday, July 20, 2021

Senate Takes up HR 3684 – INVEST in America Act

Yesterday the Senate began the process for the consideration of HR 3684, the INVEST in America Act. The Senate will be using this as the vehicle for their still-being-crafted bipartisan infrastructure bill. A cloture motion for the debate on the motion to proceed to consideration of the bill was filed with a cloture vote scheduled for some time Wednesday after the Senate deals with the nomination Bonnie D. Jenkins, of New York, to be Under Secretary of State for Arms Control and International Security. That is, of course assuming that compromise can be worked out on the substitute language that will be considered for HR 3684.

The House language for the bill will not be considered in the Senate, Republican opposition to the bill would ensure that. The bill passed in the House on a party-line vote. If a Republican supported (at least 10 votes worth of support) compromise cannot be worked out, HR 3684 will die in the Senate.

It is unlikely that all (or perhaps any) of the cybersecurity provisions that were worked into HR 3684 would make it into the substitute language. They could come back in the conference language that would have to be worked out before the bill is sent to President Biden.

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