Republicans’ “One Big, Beautiful Bill” Includes Additional Provisions That Violate the Byrd Rule

WASHINGTON, D.C. – Today, the Senate Parliamentarian again advised that several provisions in the Republicans’ “One Big, Beautiful Bill,” would be subject to a 60-vote threshold if they remain in the bill. The below provisions are in the Health, Education, Labor, and Pensions Committee’s jurisdiction.

“The Byrd Rule must be enforced, and Republicans shouldn’t get away with circumventing the rules of reconciliation,” said Ranking Member Jeff Merkley. “Democrats will continue to make the case against every provision in this Big, Beautiful Betrayal of a bill that violates Senate rules and hurts families, students, and workers. Democrats are fighting hard against Republicans’ plans to increase out-of-pocket health care costs and restrict access to reproductive care. Republicans are scrambling to rewrite parts of this bill to continue advancing their families lose, and billionaires win agenda, but Democrats stand ready to fully scrutinize any changes.”

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

Health, Education, Labor, and Pensions

Student Aid Eligibility for Immigrant Students. This section removes federal student aid eligibility from certain immigrants who are not citizens. (Section 80001)

Loan Repayment Plans. This section establishes that beginning July 1, 2026, federal student loan borrowers will have only two repayment options: a standard plan with fixed payments over 10-25 years or a new income-based repayment (IBR) plan, Repayment Assistance Plan (RAP). These provisions cannot be applied to current borrowers under the Byrd Rule. (Section 82001)

Public Service Loan Forgiveness (PSLF) Updates. This section prohibits loan payments made while students are in medical or dental internships/residencies from qualifying for PSLF. (Section 82004(b))

Workforce Pell Grants. This section expanded Pell Grants to programs at unaccredited and for-profit institutions. (Section 83002)

Ending Silver Loading: This section appropriates funding for federal cost-sharing reduction payments to Affordable Care Act Marketplace insurers beginning in 2026, changing the financing arrangement from the longstanding practice of “silver loading” to direct payments, which would make coverage less affordable for many. (Section 87001)

Abortion Restrictions for Cost-Sharing Reduction Payments: This section contains Hyde amendment language to prohibit federal cost-sharing reduction payments to qualified health plans that cover abortion services. (Section 87001)

Still Under Review

Repeal of Borrower Defense to Repayment Rule. This section repeals the Borrower Defense to Repayment rules issued in 2022 and reinstates previous rules in effect as of July 1, 2020, for forgiving federal student loans when schools mislead or defraud students. (Section 85001)

Repeal of Closed School Discharges Rule. This section repeals the Closed School Discharge rules and reverts regulations back to those in effect prior to November 1, 2022. (Section 85002)

Limitation on Authority of Department of Education Secretary. This section permanently restricts the Secretary of Education from issuing regulations that are “economically significant,” meaning their annual effect on the economy is at least $100 million or they “adversely” affect the economy. (Section 86001)

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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