The Senate parliamentarian has rejected several more provisions in the Republican megabill to enact President Trump’s agenda, including language authorizing states to conduct border security and immigration enforcement, which traditionally have been duties of the federal government.
Parliamentarian Elizabeth MacDonough also ruled against language in the bill that would increase the Federal Employees Retirement Systems contribution rate for new civil servants if they do not agree to give up civil service protections to become at-will employees.
Additionally, the parliamentarian advised against a section of the bill that would allow the executive branch to reorganize federal government agencies — or eliminate whole agencies — without congressional oversight.
The parliamentarian ruled these provisions violate the Byrd Rule and are not eligible to pass the Senate with a simple majority vote on the procedural fast track known as budget reconciliation.
Sen. Jeff Merkley (D-Ore.), the ranking member of the Senate Budget Committee, hailed the parliamentarian’s rulings.
“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,” Merkley said in a statement.
“The Byrd Rule is enshrined in law for a reason, and Democrats are making sure it is enforced,” he said.
The parliamentarian additionally rejected a provision granting authority to agencies to unilaterally rescind funds appropriated by Congress by establishing an incentive program for federal employees to identify “unnecessary expenditures” and transfer savings back to the Treasury Department.
And she ruled against language in the bill mandating the sale of all U.S. Postal Service electric vehicles and charging infrastructure.
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