GOP memo: Congress likely can't slash certain infrastructure law programs for tax cuts

Lawmakers likely can't count on yanking back some portions of 2021 infrastructure law spending to pay for tax cuts or other GOP priorities like border security as part of a forthcoming reconciliation bill, according to an analysis by the House Transportation Committee’s GOP staff.

The memo, obtained by POLITICO, makes clear that scaling back the law's $184 billion in advanced appropriations designated as emergency spending for DOT-administered programs would not translate into direct savings and can't be used to offset direct spending because of the way the budget is scored.

Though just a fraction of the law's total $1.2 trillion in spending, it represents a blow to the GOP's quest to yank back what they see as wasteful spending in the law. In addition, the House Republican Conference is eager to use the reconciliation process to effectuate their big policy priorities, including fortifying the border and overhauling taxes, but how those will be paid for is a big question.

There is also a possibility that because the spending was "charged" to the Appropriations Committees, Senate Democrats could say that any rescission would violate the Byrd rule, the memo noted.