Several provisions fail to pass muster with Senate rules in ‘big, beautiful bill’

Several provisions in the Senate GOP’s version of President Donald Trump’s “big, beautiful bill” have run afoul of Senate rules and must be stripped if Republicans want to pass the package without the help of Democrats.

The bill is undergoing what’s called a “Byrd Bath,” when the parliamentarian meticulously combs through each section of the mammoth bill to determine whether policies comport with the Senate’s Byrd Rule.

The point of the budget reconciliation process is to skirt the Senate filibuster and pass a massive, partisan legislative package. But if provisions are left in that fail the test, Senate Republicans will have to meet the typical 60-vote threshold. Provisions that don’t pass muster can still be appealed, however.

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Senate Democrats vowed to use the Byrd Bath as a cudgel against the Senate GOP to inflict as much pain as possible and slow momentum as Republicans rush to put the colossal bill on Trump’s desk by July 4. 

Senate Majority Leader John Thune, R-S.D., could also overrule the parliamentarian but has remained adamant he would not attempt such a move. 

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Senate Parliamentarian Elizabeth MacDonough scrutinized three chunks of the megabill from the Senate Banking, Environment and Public Works and Armed Services committees and found numerous policies that failed to meet the Byrd Rule’s requirements.

Among those was a provision that would have eliminated funding for a target of the GOP’s since its inception in 2008, the Consumer Financial Protection Bureau, which would have effectively eliminated the agency. Doing so also would have slashed $6.4 billion in spending.

Senate Banking Committee Chair Tim Scott, R-S.C., said in a statement he would “remain committed to cutting wasteful spending at the CFPB and will continue working with the Senate parliamentarian on the Committee’s provisions.”

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Attempts to put guardrails on the $150 billion in Defense Department funding baked into the package also failed to pass muster. The language would have required that Pentagon officials outline how the money would be spent by a certain deadline or see the funding reduced.

Other provisions on the chopping block include language that cut $300 million from the Financial Research Fund and cut jobs and move the Public Company Accounting Oversight Board under the umbrella of the Securities and Exchange Commission, which would have saved roughly $773 million.

An attempt to change the pay schedule for Federal Reserve employees was also nixed, which would have saved about $1.4 billion.

Environmental standards and regulations set by the Biden-era Inflation Reduction Act were also determined to have run afoul of the Byrd Rule, including a repeal of tailpipe emissions standards for vehicles with a model year of 2027 and later.