Senate Parliamentarian Advises Several Provisions in Republicans’ “One Big, Beautiful Bill” Are Not Permissible, Subject to Byrd Rule

WASHINGTON, D.C. – Today, the Senate Parliamentarian advised that the following 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 jurisdiction of the following Senate Committees: Banking, Housing, and Urban Affairs; Environment and Public Works; and Armed Services.

“Tonight, the Senate Parliamentarian advised that certain provisions in the Republicans’ One Big, Beautiful Betrayal will be subject to the Byrd Rule – ultimately meaning they will need to be stripped from the bill to ensure it complies with the rules of reconciliation. As much as Senate Republicans would prefer to throw out the rule book and advance their families lose and billionaires win agenda, there are rules that must be followed and Democrats are making sure those rules are enforced,” said Ranking Member Jeff Merkley. “We will continue examining every provision in this Great Betrayal of a bill and will scrutinize it to the furthest extent.”

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

Banking, Housing, and Urban Affairs

Funding Cap for the Consumer Financial Protection Bureau. This section cuts $6.4 billion by reducing the CFPB’s maximum funding to 0% of the Federal Reserve's operating expenses, eliminating the agency. (Sec. 30001)

Pay and Benefits of Employees of the Federal Reserve System. This section cuts $1.4 billion by reducing the pay of Federal Reserve staff. (Sec. 30002)

Financial Research Fund. This section cuts $293 million by reducing the Office of Financial Research funding. (Sec. 30004)

Transfer of Public Company Accounting Oversight Board. This section cuts $771 million to eliminate the PCAOB and transfers its authority to the Securities and Exchange Commission. (Sec. 30005)

Environment and Public Works

Funding Repeals. These sections repeal statutory authorizations for Inflation Reduction Act programs and rescind funds. The repeals of authorizations, but not the rescissions, violate the Byrd Rule. (Secs. 01 and 03-25)

Repeal of Multipollutant Emissions Standards for Model Years2027 and Later Light-Duty and Medium-Duty Vehicles. This section repeals EPA’s rule that sets limits on the air pollution emissions of passenger vehicle models manufactured, sold, or operated in the United States. (Sec. 27)

Judicial Review portion of Project Sponsor Opt-In Fees for Environmental Reviews. This subsection allows environmental projects to skirt judicial review if they pay a fee. (Sec. 28)

Armed Services

Multi-Year Operational Plan. This section reduces appropriations to the Department of Defense if spend plans are not submitted on time. (Sec. 20014)

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