Senate Parliamentarian Elizabeth MacDonough approved Senate Democrats’ use of budget reconciliation to pass President Joe Biden‘s American Jobs Plan infrastructure bill – and then use of the procedure at least two more times in the next two years – with a simple majority, giving a green light to pass more of Biden’s agenda through Congress.

A spokesperson for Senate Majority Leader Chuck Schumer (D-New York) confirmed on Tuesday morning that Democrats can reuse the budget reconciliation procedure that passed the American Rescue Plan COVID-19 stimulus bill, but specifying that “some parameters still need to be worked out.”

“The Parliamentarian has advised that a revised budget resolution may contain budget reconciliation instructions. This confirms the Leader’s interpretation of the Budget Act and allows Democrats additional tools to improve the lives of Americans if Republican obstruction continues,” the spokesperson said. “While no decisions have been made on a legislative path forward using Section 304 and some parameters still need to be worked out, the Parliamentarian’s opinion is an important step forward that this key pathway is available to Democrats if needed.”

Congressional Budget and Impoundment Control Act of 1974 says that “at any time after [a reconciliation bill] has been agreed to … and before the end of such fiscal year, the two Houses may adopt a concurrent resolution” to revise the legislation,” meaning that Senate Democrats will introduce their new infrastructure bill as an amendment of the already-passed American Rescue Plan.


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