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Build Back Better Act

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The Build Back Better Act (H.R. 5376) was a bill pending before the 117th Congress. It cleared the United States House of Representatives on November 19, 2021. The United States Senate did not take up the bill and it did not become law. To read the full text of the bill, click here.

House Democrats released a $1.75 trillion budget framework on October 28, 2021, for spending on climate change, childcare, and healthcare.[1][2] President Joe Biden (D) announced his support for the framework the same day.[3] Key spending included the following initiatives:[4][5]

  • $555 billion aiming to address climate change and renewable energy investment
  • $400 billion aiming to address childcare, childcare costs, and universal pre-K
  • $165 billion aiming to address healthcare and Medicare hearing expansion
  • $150 billion aiming to address public housing and affordability issues
  • $150 billion aiming to address home care

A second draft of the framework was presented in a November 3 meeting of the House Committee on Rules, which added provisions related to paid leave and Medicare prescription drug pricing.[6] Democrats introduced a $3.5 trillion version of the bill on August 11. To read about the initial $3.5 trillion budget proposal, click here.

The House passed the bill on November 19, 2021, in a 220-213 vote. One Democrat and 212 Republicans voted against the bill, and 220 Democrats voted in favor of the bill.

House Speaker Nancy Pelosi (D-Calif.) initially said in August that she would not take up the Infrastructure Investment and Jobs Act of 2021 in the House until the budget resolution was adopted.[7] The infrastructure bill was passed by the Senate on August 10.[8] Pelosi later scheduled and deferred several votes on the infrastructure bill at the end of September and October as Congress debated the content of both measures. Click here to read more about the dual track for the budget and infrastructure bills.

This page provides the following information about the budget resolution:

Details of the bill

Text of the bill

The following framework was released on November 3, 2021.

Estimated budgetary effects

The Congressional Budget Office (CBO) produced a report showing the estimated budgetary effects of the Build Back Better Act from 2022 to 2031 on November 18, 2021, which can be found here. An overview of reports released by the CBO related to the Build Back Better Act can be found here.

Congressional action

Timeline

The following section provides an abbreviated timeline of key actions related to the Build Back Better Act:

  • November 19, 2021: The House voted to approve the bill 220-213.[9]
  • November 3, 2021: The House Committee on Rules met to discuss the Build Back Better Act and released a second revised framework.[10]
  • October 28, 2021: A revised framework for the Build Back Better Act was released in a meeting of the House Committee on Rules.[10]
  • September 27, 2021: Rep. John Yarmuth (D-Ky.) introduced H.R. 5376, the Build Back Better Act, to the Committee on the Budget.[9]

Roll calls

House vote (11/19/2021)

The House voted 220-213 to pass the bill on November 19, 2021.[9]

  • 220 Democrats voted in favor of the bill
  • 1 Democrat, Rep. Jared Golden (D-Maine), voted against the bill
  • 212 Republicans voted against the bill
  • 1 Republican, Rep. Scott Perry (R- Pa.), did not vote

Reconciliation process

See also: Filibuster and reconciliation in the United States Congress

Budget reconciliation was created by the Congressional Budget Act of 1974. Under the act, reconciliation can be used on legislation that changes the federal debt limit, revenue, or spending. As it relates to spending, reconciliation can be used to consider changes in spending on entitlement programs with the exception of Social Security. Because appropriations under mandatory spending are typically codified, amendments to those laws are often required. Reconciliation has not been used to change 'discretionary' spending because the process to modify discretionary spending is typically addressed through the annual budgetary process.

Connection to infrastructure bill

See also: Infrastructure Investment and Jobs Act of 2021

Overview

The Build Back Better Act was working through Congress parallel with the Infrastructure Investment and Jobs Act of 2021, which the Senate passed on August 10, 2021, by a vote of 60-39. Previously, the infrastructure bill had been working through Congress parallel with the initial $3.5 trillion budget resolution bill.

On November 5, the House passed the infrastructure bill after House Speaker Nancy Pelosi (D-Calif.) called for the vote. Congressional Progressive Caucus (CPC) Chair Pramila Jayapal (D-Wash.) said the caucus would vote to approve the infrastructure bill without a vote on the final legislative text of the Build Back Better Act.[11]

Pelosi initially said she would not take up the infrastructure bill until the $3.5 trillion budget resolution had passed. Members of the Congressional Progressive Caucus also indicated that they would not support the infrastructure bill before the budget resolution.[12][13]

Nine House Democrats countered Pelosi, saying in a letter on August 12 that they would not consider supporting the budget plan until the infrastructure bill was made law. The letter was signed by the following representatives:[12]


In August, with three vacancies in the House, Democrats had a 220-212 majority in the chamber.

On August 24, the House agreed to a resolution to advance both the initial $3.5 trillion budget and infrastructure bills by a party-line vote of 220-212. The resolution also advanced the John R. Lewis Voting Rights Advancement Act and set September 27 as the deadline to consider the infrastructure bill.[14][15] That deadline was later extended through October 31.[16]

On October 28, a revised framework for the budget bill, the Build Back Better Act, was released. Pelosi said a vote on the infrastructure bill would be held that day, but no vote was held.[17][18] Rep. Pramila Jayapal (D-Wash.), the chair of the Congressional Progressive Caucus, released a statement reiterating the caucus' position that it would not vote on the infrastructure bill without a vote on the Build Back Better Act.[19]

Intraparty disagreement after the approval of the Infrastructure Investment and Jobs Act of 2021

Sen. Joe Manchin (D-W.Va.) announced during a December 19 appearance on Fox News Sunday that he would not support the Build Back Better Act. In a statement, he said his "concerns have only increased as the pandemic surges on, inflation rises and geopolitical uncertainty increases around the world."[20] The following day, Senate Majority Leader Chuck Schumer (D-NY) released a letter saying: "Senators should be aware that the Senate will, in fact, consider the Build Back Better Act, very early in the new year so that every Member of this body has the opportunity to make their position known on the Senate floor, not just on television."[21]


Intraparty disagreement prior to the approval of the Infrastructure Investment and Jobs Act of 2021

Progressive Democrats in both chambers urged party leadership to prioritize the budget reconciliation bill over the infrastructure bill. Rep. Pramila Jayapal (D-Wash.), the chair of the Congressional Progressive Caucus, said on September 21, 2021, that she and members of her caucus would vote against the infrastructure bill if the budget bill was not passed first.[22] She added that Congress should postpone the infrastructure vote because Congress needed more time to come to an agreement on the reconciliation bill.[23]

Eleven senators, including Senate Budget Committee Chairman Bernie Sanders (I-Vt.), Cory Booker (D-N.J.), Kirsten Gillibrand (D-N.Y.), Mazie Hirono (D-Hawaii), and Elizabeth Warren (D-Mass.), issued a joint statement on September 22, 2021, calling for party leadership to continue with the plan to pass the budget bill before the infrastructure bill. They said, "Congress must not undercut the president’s proposals that will create new opportunities for America’s families and workers."[24]

Moderate Democrats criticized the size and scope of the initial $3.5 trillion budget bill. Rep. Kurt Schrader (D-Ore.) said, "It would have to be way under $1 trillion for me to get remotely interested."[25] Sen. Kyrsten Sinema (D-Ariz.) similarly said, "“[W]hile I will support beginning this process, I do not support a bill that costs $3.5 trillion."[26]

Sen. Joe Manchin (D-W.Va.) wrote an op-ed in The Wall Street Journal opposing the initial $3.5 trillion budget bill. "Establishing an artificial $3.5 trillion spending number and then reverse-engineering the partisan social priorities that should be funded isn’t how you make good policy," Manchin said.[27]

On October 28, a revised version of the initial $3.5 trillion budget bill was released as the Build Back Better Act. Regarding the revised bill, Manchin said "I’ve worked on good faith and I look forward to continuing to work in good faith," and Sinema said negotiations "have made significant progress on the proposed budget reconciliation package."[28] Jayapal released a statement saying: "Congress needs to finish the job and bring both bills to a vote together. This cannot be accomplished without legislative text [for the Build Back Better Act] that can be fully assessed and agreed upon by all parties."[29]

Pelosi deferred the infrastructure vote from the initial deadline of September 27 to September 30. She said in an interview, “I’m never bringing a bill to the floor that doesn’t have the votes." Jayapal said she believed there were around 60 votes against the bill if it went to the floor before the budget bill passed.[30][31] That deadline was later extended through October 31.

Key legislation during Biden administration

This section provides links to coverage of key federal legislation considered during the Biden administration. To be included, the bill must have met several of the following qualifying factors:

  • Collaboration between the president and congressional leadership on the bill
  • Use of the reconciliation process to pass the bill
  • Changes to the congressional procedure to pass the bill
  • Estimated cost of the bill as evaluated by the Congressional Budget Office
  • Extent of public relations campaign to promote the bill
  • Domestic and international policy ramifications

Legislation in the 118th Congress

Legislation in the 117th Congress

See also

Footnotes

  1. The White House, "The Build Back Better Framework," accessed October 29, 2021
  2. CBS News, "What's in Democrats' new $1.75 trillion social spending and climate bill?" October 28, 2021
  3. The White House, "President Biden Announces the Build Back Better Framework," October 28, 2021
  4. Yahoo News, "Biden Releases Trimmed Down ‘Build Back Better’ Framework — What’s Been Cut and How Revisions Will Offset Cost," October 28, 2021
  5. NPR, "What stays and what's gone from Biden's spending bill (so far)," October 29, 2021
  6. Associated Press, "Paid leave, immigration, tax changes added to Biden bill," November 4, 2021
  7. The New York Times, "House progressives won’t vote for the infrastructure bill unless the Senate approves $3.5 trillion in other spending," August 10, 2021
  8. Congress.gov, "H.R.3684 - INVEST in America Act," accessed August 3, 2021
  9. 9.0 9.1 9.2 Congress.gov, "H.R.5376 - Build Back Better Act," accessed October 29, 2021
  10. 10.0 10.1 House Committee on Rules, "H.R. 5376 - Build Back Better Act," October 28, 2021
  11. The New York Times, "Progressives withhold their support for the $1 trillion infrastructure bill, demanding more tangible progress.," November 9, 2021
  12. 12.0 12.1 Politico, "9 Dems threaten mutiny over Pelosi’s budget plan," August 13, 2021
  13. The New York Times, "House progressives won’t vote for the infrastructure bill unless the Senate approves $3.5 trillion in other spending," August 10, 2021
  14. CNN, "House approves $3.5 trillion budget plan in key step for Democrats to pass legislation expanding social safety net," August 24, 2021
  15. House Clerk, "Final Vote Results for Roll Call 258," accessed August 24, 2021
  16. The Hill, "Pelosi sets end-of-October deadline for infrastructure vote," October 2, 2021
  17. The Hill, "Pelosi vows to bring infrastructure to vote on Thursday," October 28, 2021
  18. Reuters, "U.S. House puts off vote on infrastructure bill leaders had aimed for," October 28, 2021
  19. Congressional Progressive Caucus, "Congressional Progressive Caucus Statement Regarding Vote on Infrastructure Bill and Build Back Better Act," October 28, 2021
  20. Senate.gov, "MANCHIN STATEMENT ON BUILD BACK BETTER ACT," December 19, 2021
  21. [washingtonpost.com/politics/schumer-vote-despite-manchin/2021/12/20/dcdd202c-6186-11ec-bf70-58003351c627_story.html The Washington Post, "Schumer vows vote on Build Back Better legislation despite Manchin’s opposition," December 20, 2021]
  22. CNN, "Progressives say they plan to vote against bipartisan infrastructure bill next week," September 21, 2021
  23. The Hill, "Jayapal says Sept. 27 vote on infrastructure is 'arbitrary deadline,'" September 22, 2021
  24. The Hill, "11 senators urge House to pass $3.5T package before infrastructure bill," September 22, 2021
  25. Roll Call, "Moderate Democrats not monolithic about their budget concerns," September 21, 2021
  26. The Washington Post, "Joe Manchin gets all the attention. But Kyrsten Sinema could be an even bigger obstacle for Democrats’ spending plans," September 15, 2021
  27. Wall Street Journal, "Why I Won’t Support Spending Another $3.5 Trillion," September 2, 2021
  28. The Hill, "Manchin, Sinema sidestep saying if they support Biden framework," October 28, 2021
  29. Congressional Progressive Caucus, "Congressional Progressive Caucus Statement Regarding Vote on Infrastructure Bill and Build Back Better Act," October 28, 2021
  30. The New York Times, "Pelosi Announces Vote on $1 Trillion Bipartisan Infrastructure Bill," September 26, 2021
  31. The Washington Post, "Pelosi punts infrastructure bill as progressives claim 60 votes against it," September 27, 2021