Parliamentarian: 3 Provisions in GOP Tax Bill Violate Byrd Rule

Parliamentarian Determines Three Provisions in Republican Tax Bill Are Impermissible

WASHINGTON, Dec. 19 — The Senate parliamentarian advised Tuesday that three provisions in the Republican tax bill violate the Byrd rule, including a provision allowing for the use of 529 savings accounts for home-schooling expenses, the short title: “The Tax Cuts and Jobs Act,” and part of the criteria used to determine whether the endowments of private universities are subject to the legislation's new excise tax. These provisions may be struck from the conference report absent 60 votes.

Sen. Bernie Sanders (I-Vt.), ranking member of the Budget Committee, and Sen. Ron Wyden (D-Ore.), ranking member of the Finance Committee, issued a joint statement in response to the decision:

“In the mad dash to provide tax breaks for their billionaire campaign contributors, our Republican colleagues forgot to comply with the rules of the Senate. We applaud the parliamentarian for determining that three provisions in this disastrous bill are in violation of the Byrd rule. It is our intention to raise a point of order to remove these provisions from the conference report and require the House to vote on this bill again. Instead of providing tax breaks to the wealthiest people and most profitable corporations, we need to rebuild the disappearing middle class.”

Contacts: Josh Miller-Lewis (202) 224-5141 (Budget)
Rachel McCleery (202) 224-4515 (Finance)