The Senate parliamentarian ruled Monday that Democrats can use special budgetary rules to avoid a GOP filibuster on two more pieces of legislation, setting the stage for 's infrastructure agenda to pass in two packages with simple-majority votes.
Top Schumer aides had argued to parliamentarian Elizabeth MacDonough last month that Section 304 of the Congressional Budget Act of 1974 allows them to revise the budget resolution for fiscal 2021 to create additional reconciliation instructions, setting up pathways to pass two more bills this year with only a simple majority in the 50-50 Senate.
"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," a spokesperson for Schumer said in a statement Monday.
Democrats used the budget reconciliation process earlier this year to pass Biden's $1.9 trillion coronavirus relief bill without any GOP votes, instead of the 60 votes needed to advance legislation in the upper chamber.
"I'm pleased by the parliamentarian's ruling that budget resolutions can be revised, allowing us to consider moving additional bills through the reconciliation process. The American people want bold action to address 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 a filibuster, from the same budget resolution.
After revising the 2021 budget resolution, Democrats could then pass a resolution for fiscal 2022, setting up a third budget resolution to pass the second half of Biden's infrastructure agenda and raise the federal debt limit by year's end.
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