“One Big, Beautiful Bill” Has More Provisions That Violate the Byrd Rule, According to Senate Parliamentarian

WASHINGTON, D.C. – The Republicans’ “One Big, Beautiful Bill” continues to include provisions that violate the Senate’s Byrd Rule, according to the Senate Parliamentarian, and would be subject to a 60-vote threshold if they remain in the bill. The below provisions are in the Homeland Security & Governmental Affairs Committee title.

“There is no better way to define this Big Beautiful Betrayal of a bill than families lose, and billionaires win. Democrats are on the side of families and workers and are scrutinizing this bill piece by piece to ensure Republicans can’t use the reconciliation process to force their anti-worker policies on the American people,” said Ranking Member Jeff Merkley. “The Byrd Rule is enshrined in law for a reason, and Democrats are making sure it is enforced.”

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

Homeland Security & Governmental Affairs

State and Local Assistance. This subsection authorizes states to conduct border security and immigration enforcement, which are federal functions. (Section 90005(b))

Loss of Civil Service Protections for New Federal Employees. This section increases the Federal Employees Retirement System (FERS) contribution rate for new civil servants, effectively reducing take-home pay, if they do not agree to become “at-will” employees. (Section 90101)

Filing Fee for Merit Systems Protection Board Claims and Appeals. This section imposes a $350 fee for federal employees to file a case with the Merit Systems Protection Board (MSPB), which adjudicates appeals brought by federal civil servants to protect federal merit systems against partisan political and prohibited personnel practices. (Section 90102)

Bonuses for Cost Cutters. This section effectively grants authority to agencies to unilaterally rescind funds appropriated by Congress through the establishment of an incentive program for federal employees to identify “unnecessary expenditures,” and permits agencies to transfer such funds to the Treasury. (Section 90105)

Charging Labor Organizations for Use of Federal Resources. This section requires federal agency heads to charge federal employee unions a quarterly fee for the use of official time and agency resources by labor representatives. (Section 90106)

Executive Reorganization Plans. This section allows the executive branch to reorganize federal government agencies, which could include the transfer, consolidation, or elimination of whole agencies or functions, immediately and without Congressional oversight. (Section 90107)

Disposal of USPS Electric Vehicles. This section mandates the sale of all the United States Postal Service’s electric vehicles and infrastructure to support its electric vehicles. (Section 90109(a)-(c))

Review of Certain Federal Outlays Revenues. This section fundamentally changes the agency rulemaking process by prohibiting agencies from implementing, administering, or enforcing any rules with budgetary effects that are not explicitly required by statute. (Section 90201)

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.

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