Senate parliamentarian will let Democrats bypass Republican obstruction in two more bills

The Senate congressman decided on Monday that Democrats could use special budget rules to avoid obstructing the Republican Party in two more laws, setting the stage for President bidenJoe BidenBiden should seek ‘Ostpolitik’ to negotiate with autocrats The Hill’s Morning Report – Biden’s infrastructure plan sparks debate over definition Memorandum: Biden’s bet on taxes MOREThe infrastructure agenda for will be approved in two packages with a simple majority vote.

It is a victory for Senate majority leader Charles Schumer (DN.Y.), which allows him to approve Biden’s $ 2.25 trillion package by reviewing the 2021 fiscal budget resolution.

Schumer could pass a budget resolution for fiscal year 2022 to make a third reconciliation package for the second half of Biden’s infrastructure agenda. Or the 2021 fiscal budget could be revised a third time to define a third reconciliation package.

Schumer’s top advisers argued with parliamentarian Elizabeth MacDonough last month that Section 304 of the 1974 Congressional Budget Law allows them to revise the budget resolution for fiscal year 2021 to create additional reconciliation instructions, setting out paths for approval of two more bills this year with only a simple majority in the 50-50 Senate.

“The congressman reported that a revised budget resolution may contain budget reconciliation instructions. This confirms the leader’s interpretation of the Budget Law and allows Democrats to have additional tools to improve Americans’ lives if the Republican obstruction continues,” said one Schumer’s spokesman in a statement Monday. “Although no decision has been made on a legislative path using Section 304 and some parameters have yet to be worked out, the parliamentarian’s opinion is an important step in making this key path available to Democrats if necessary.”

Democrats used the budget reconciliation process earlier this year to approve Biden’s $ 1.9 trillion coronavirus relief project with no Republican Party vote, instead of the 60 votes needed to push legislation through the House. high.

The new decision will allow Schumer and Speaker Nancy PelosiNancy PelosiLawmakers say fixing the border crisis is Biden’s job Suspect in Capitol car attack suffered delusions, suicidal thoughts: Schumer report: Car attack underscores Congress’ need to address security on Capitol Hill MORE (D-Calif.) To split Biden’s infrastructure proposal into two legislative packages.

The first installment, a $ 2.25 trillion measure released by the White House last month, includes more traditional infrastructure priorities. The second part, planned for the end of the year, will include more spending priorities focused on people favored by progressives, such as increased daycare centers, free community college, universal kindergarten and more accessible housing.

Both the Senate and the House will need to pass another simultaneous resolution to trigger an additional set of reconciliation instructions.

Democratic aides say a second infrastructure package will be needed if Biden’s $ 2.25 trillion proposal is cut in an effort to secure Republican votes or block support from Democratic centrists like Sen. Joe ManchinJoe ManchinGOP Senator hammers Biden’s proposal to increase corporate tax rate Obstruction can be conquered: I know – I helped do that Lawmakers say fixing the border crisis is Biden’s job MORE (W.Va.).

An adviser to Schumer said last week that the majority leader “wants to maximize his options to allow Senate Democrats to advance President Biden Build Back Better’s agenda if Senate Republicans try to obstruct or dilute a bipartisan deal.”

Chairman of the Senate Finance Committee Ron WydenRonald (Ron) Lee WydenWorried about China? Facilitate the source elsewhere Schumer says the Senate will move toward legalizing marijuana. Biden triggers a Capitol dispute over spending, taxes MORE (D-Ore.), Who has jurisdiction over the tax legislation Democrats plan to pass to pay for part of Biden’s infrastructure agenda, applauded the congressman’s decision late on Monday.

“I am satisfied with the parliamentarian’s decision that budget resolutions can be revised, which allows us to consider moving additional bills through the reconciliation process. The American people want bold action to tackle our country’s many challenges, and Democrats now have more options to overcome Republican obstruction and get things done, ”he said in a statement.

Senate Republicans argued that Democrats should not have been allowed to move two separate reconciliation packages, with special protections from an obstruction, from the same budget resolution.

“This is an abuse of the process and it is clearly not what reconciliation was designed to do, but they will move forward anyway,” said a Republican Party adviser.

The party that controls the White House, the House and the Senate generally seeks to advance only one reconciliation package per fiscal year budget. During the previous President TrumpDonald TrumpBiden should seek ‘Ostpolitik’ to negotiate with autocrats The Memorandum: Biden’s stake in taxes Why some Republicans think vaccine passports will backfire on Democrats MOREIn the first year of their term, Republicans used a budget resolution in fiscal 2017 to promote legislation that would have repealed parts of the Affordable Care Act, followed by a budget resolution for fiscal 2018 to enact the Tax Reductions Act. and Jobs.

Schumer used the first budget reconciliation package for fiscal year 2021 to approve the $ 1.9 trillion American Redemption Plan in a 50-49 vote on March 6.

MacDonough denied the Democrats a setback on that bill by deciding in late February that they could not add a clause raising the federal minimum wage to $ 15 an hour, a clause that Biden had included in his initial pandemic relief proposal.

The revision of the 2021 budget resolution will require 15 hours of debate in the Senate floor and another vote on the budget, which will consume valuable time on the calendar.

“There are 15 hours for the Senate plenary review. You still need to report, you still need to call, you still need to get the word out, you still have the possibility to vote, ‘said Bill Hoagland, a budget expert at the Center for Bipartisan Policy. “I’m not sure about the grand scheme of things that save you a lot in terms of time.”

After reviewing the 2021 budget resolution, Democrats could then pass a resolution for fiscal year 2022, establishing a third budget resolution to approve the second half of Biden’s infrastructure agenda and increase the federal debt limit by the end of the year.

Congress lifted the debt limit until July 2021, at which point the Treasury Department will begin using “extraordinary measures” to extend the federal government’s borrowing authority for a few months, probably until the end of the year.

While Democrats may include several reconciliation instructions in the 2022 budget resolution to approve both halves of Biden’s infrastructure agenda and raise the debt ceiling, leaders may have other priorities in mind for that resolution.

Updated at 19:05

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