President Biden expressed support last week for breaking up the Build Back Better Act into smaller pieces of legislation. However, this strategy is problematic since the bill was designed to be passed using reconciliation, which can only be used a limited number of times per year and avoids a filibuster in the Senate by requiring only 51 votes. Republicans have resisted negotiating an omnibus FY22 with the BBB Act unresolved, and House and Senate appropriators have struggled to overcome issues in determining top-level funding numbers and including policy riders, like the Hyde Amendment. Another continuing resolution (CR) after the current one ends on February 18, 2022, is possible as House and Senate appropriators work to strike a deal. Congress is also considering including additional supplemental COVID-19 relief funding as well as telehealth flexibility extensions in an omnibus appropriations bill.
