Thread by @ChadPergram

1) User’s Manual to a Possible Preliminary Decision About Reconciliation for Infrastructure

2) Fox is told that we could in fact get guidance today from Senate Parliamentarian Elizabeth MacDonough as to whether Senate Democrats can push the envelope and re-use a budget reconciliation package for components of the infrastructure bill.

3) This would enable Democrats to sidestep a filibuster, potentially a third or fourth time with fiscal-related bills which qualify for the budget reconciliation process. It may be the only way Democrats can advance portions of their agenda.

4) The Budget Act of 1974 contains a provision – heretofore unused - which potentially allows lawmakers to dip back into a reconciliation measure which has already been used, update it, and re-run it on the floor for ANOTHER piece of legislation.

5) So, MacDonough’s possible ruling today would be preliminary. It would essentially tell Democrats that they can or can’t do a triple or quadruple dip.

Note, that any ruling at this stage DOES NOT address policy. It simply speaks to PROCEDURE and POSSIBILITIES for Democrats.

6) Before now, it was generally understood that lawmakers got two options at budget reconciliation in a two-year Congress. There are two budgets for each fiscal year. Thus, a reconciliation vehicle is an option with both budgets.

7) Democrats already used one budget for their coronavirus package in March. Democrats are now planning to use the Fiscal Year ’22 budget reconciliation vehicle for infrastructure. But Democrats will likely break that measure into multiple pieces.

8) Thus, Democrats likely need more than the UPCOMING budget reconciliation package for their TOTAL infrastructure plan. That’s why Democrats are angling for a positive decision by MacDonough to see how many bites at the apple they get.

9) That said, any decision on this particular score only gives Democrats options. It DOES NOT address what Democrats may or may not pack into any reconciliation bill.

10) The actual text of the bill(s) would have to be resubmitted to MacDonough to see if various provisions qualify for the budget reconciliation process.

11) Budget reconciliation forbids policy decisions. Items in a reconciliation measure must be fiscal in nature and budget “neutral,” not adding to the deficit over an extended window.