Senate Parliamentarian Advises on More Byrd Bath Violations in Republicans’ “One Big, Beautiful Bill”

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 under the following jurisdictions: Judiciary Committee and Commerce Committee.

“We have been successful in removing parts of this bill that hurt families and workers, but the process is not over, and Democrats are continuing to make the case against every provision in this Big, Beautiful Betrayal of a bill that violates Senate rules,” said Ranking Member Jeff Merkley. “Republicans are actively attempting to rewrite major sections of this bill to advance their families lose, and billionaires win agenda, but Democrats are scrutinizing all changes to ensure the rules of reconciliation are enforced. We cannot let Republicans succeed in betraying middle-class families across this country.”

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

Commerce, Science, and Transportation

NASA Space Vehicle Transfer. Subsection(b) detailing the transfer of the Space Shuttle currently on display at the Smithsonian Air & Space Museum to a nonprofit in Houston, Texas. (Section 0005) Commerce Republicans attempted to amend this provision, but it was again deemed subject to the Byrd Rule.

Sub-Provisions of Spectrum. The Parliamentarian advised that several sub-provisions are impermissible, including language on: how spectrum is selected or auctioned; duplicative savings clauses; and seeking input from other agencies on their spectrum uses. (several subsections of Section 0002)

Judiciary

Asylum Fee. This section imposes a novel, mandatory minimum $1,000 fee for anyone applying for asylum, without the option for waiver. (Section 102)

Fee for Continuances Granted in Immigration Court Proceedings. This section imposes a mandatory minimum $100 fee to request a continuance in immigration court – hampering due process rights, without the option for waiver. (Section 110)

Diversity Immigrant Visa Fees. This section requires the Department of Homeland Security to impose a mandatory minimum $250 fee to apply for the diversity visa lottery and a mandatory minimum $400 fee to process diversity visa applications (in addition to the current $330 fee administered by the Department of State). (Section 114)

Fee for Sponsors of Unaccompanied Alien Children Who Fail to Appear in Immigration Court. This section imposes a mandatory minimum $5,000 bond to sponsor an unaccompanied child, even on parents and relatives of that child, to be returned if the child does not receive an in absentia removal order. (Section 119)

Appropriation for the Department of Homeland Security – Expedited Removal of Criminal Noncitizens. This language expands expedited removal procedures to noncitizens merely arrested for a crime, regardless of how long they have been in the U.S. or their status. (language in Section 151(9))

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. The Parliamentarian found that the revised provision no longer violates the Byrd Rule. (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.

This press release has been updated.

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