More Provisions in Republicans’ “One Big, Beautiful Bill” Are Subject to Byrd Rule, Parliamentarian Advises

WASHINGTON, D.C. – Today, further advice was provided by the Senate Parliamentarian that provisions in the Republican “One Big, Beautiful Bill” violate the Senate’s Byrd Rule and would be subject to a 60-vote threshold if included in the bill. The below provisions are in the Senate Judiciary and Commerce Committee’s jurisdiction. The Senate Parliamentarian has not yet provided guidance for the remaining immigration-related provisions within the Judiciary title. The Parliamentarian has also provided guidance on the AI provision under the Commerce title.

“We continue to see Republicans’ blatant disregard for the rules of reconciliation when drafting this bill. Today, we were advised by the Senate Parliamentarian that several more provisions in this Big Beautiful Betrayal of a bill will be subject to the Byrd Rule – and Democrats plan to challenge every part of this bill that hurts working families and violates this process,” said Ranking Member Jeff Merkley. “Republicans’ relentless attack on middle class families in order to fund tax breaks for billionaires is a slap in the face to working families everywhere, and Democrats are fighting back.”

Provisions Subject to a 60-Vote Byrd Rule Point of Order

Judiciary

Appropriation: Eligibility. This subparagraph limits certain grant funding for “sanctuary cities,” and where the Attorney General disagrees with states’ and localities’ immigration enforcement. (Section 154, Paragraph 5, Subparagraph C)

Bridging Immigration-Related Deficits Experienced Nationwide Reimbursement Fund. Language in this section gives state and local officials the authority to arrest any noncitizen suspected of being in the U.S. unlawfully. (Offending language in Section 155)

Restriction on Enforcement. This section limits the ability of federal courts to issue preliminary injunctions or temporary restraining orders against the federal government by requiring litigants to post a potentially enormous bond. (Section 203)

Limitation on Donations Made Pursuant to Settlement Agreements to Which the United States is a Party. This section limits when the federal government can enter into or enforce settlement agreements that provide for payments to third parties to fully compensate victims, remedy harm, and punish and deter future violations. (Section 301)

Provisions Not Subject to a 60-Vote Byrd Rule Point of Order

Commerce, Science, and Transportation

Support for Artificial Intelligence. This provision provides federal aid to states under the condition that states agree not to regulate AI. (Section 0012)

The Parliamentarian’s advice is based on whether a provision is appropriate for reconciliation and conforms to the limitations of the Byrd Rule; it is not a judgement on the relative merits of a particular policy.

###