CBO says tax piece of GOP megabill could violate Senate Byrd Rule

The Congressional Budget Office Indicates GOP's Major Tax Bill May Breach Senate Byrd Rule

The CBO anticipates that the tax component of President Trump’s highly-promoted legislation would increase deficits beyond 2034, which is outside the 10-year budget frame, potentially breaching the Senate’s Byrd Rule. 

In a letter addressed to Sen. Jeff Merkley (D-Ore.), the top Democrat on the Senate Budget Committee, CBO Director Phillip Swagel clarified that the congressional budget office “forecasts that title VII,” the section of the bill overseen by the Finance Committee, “would lead to deficit increases in the years following 2034.”

Democrats asked the CBO to score the budgetary impact of making the 2017 expiring Trump tax cuts permanent by using a current-law baseline.

According to existing law, the Trump tax reductions are set to lapse at the conclusion of this year, meaning any prolongation of these tax measures would be considered as exacerbating the deficit after 2034.

Democrats will argue that this is a violation of the Senate’s Byrd Rule, which determines what legislation is eligible to pass the Senate with a simple-majority vote on the reconciliation fast track.

The Byrd Rule requires that legislation considered as a reconciliation package not increase the deficit for a fiscal year beyond the “budget window” covered by the measure.

The budget window for the One Big Beautiful Bill Act spans from 2025 to 2034.

Merkley’s staff said the Republican bill is out of compliance with the rules of reconciliation by exceeding the spending limits outlined in their budget resolution by trillions of dollars and adding to the deficit beyond the 10-year window.

Swagel, who was appointed to his post during Trump’s first term, told Merkley that the tax portion of the bill would increase the deficit by nearly $3.5 trillion from 2025 to 2034.

Merkley could attempt to raise 60-vote point of order against the bill on the floor in an effort to block the legislation.

But Senate Majority Leader John Thune (R-S.D.) and Senate Budget Committee Chair Lindsey Graham (R-S.C.) feel confident that the tax portion of the bill complies with the Byrd Rule.

Thune says Graham has authority under Section 312 of the Congressional Budget Act “to determine baseline numbers for spending and revenue.”

Graham has judged the extension of the 2017 expiring Trump tax cuts as a continuation of “current policy” and therefore as not adding to the deficit.

Republicans say they have offset the cost of language to make expired corporate tax cuts permanent by finding more than $1.6 trillion in spending cuts, including an estimated $930 billion in cuts to Medicaid.

Graham received a letter from Swagel on Saturday estimating that the Finance portion of the “big, beautiful bill” complies with the reconciliation instructions for the 10-year budget window and does not add to the deficit after 2034.

Swagel informed Graham that when using the current-policy baseline favored by Republicans, the Finance Committee’s text would increase deficits by not more than $1.5 trillion over the 2025-2034 period.

“In addition, CBO projects that the legislation and each individual title would not increase on-budget deficits after 2034,” he wrote.

Republican staff on the Senate Budget Committee have pointed to a publication on the congressional budget process issued by then-Budget Committee Chair Bernie Sanders (I-Vt.), who caucuses with Democrats, stating that the Budget chair “makes the call on questions of numbers.”

That Democratic publication asserted that the Budget Committee chair has the job of advising the Senate’s presiding officer to decide what estimates of the CBO and Joint Committee on Taxation should be used to decide procedural questions on the floor.

The bill narrowly advanced in the Senate late Saturday night, teeing it up for an expected final vote on Monday.

You May Also Like

Tree limb that injured NYC hotdog vendor was just inspected: city

NYC Says Tree Limb That Hurt Hot Dog Vendor Was Recently Inspected

The tree limb that struck a hot dog vendor near the Museum…
DC man killed newborn, tried framing autistic son, 6, for murder: prosecutors

Prosecutors: DC Man Killed Newborn, Tried to Frame His 6-Year-Old Autistic Son

A Washington, D.C., man allegedly beat his girlfriend’s 2-month-old daughter to death…
University of Texas drops three gender studies majors

University of Texas Eliminates Three Gender Studies Majors

The University of Texas at Austin, the state’s flagship public university, is…
Cuba plunges into total blackout as electrical grid collapses again, US Embassy warns

Cuba’s Grid Collapses Again, Causing Total Blackout Nationwide

Cuba was hit by a nationwide blackout Friday after the country’s electrical…
NYC truck strikes two teens riding Citibike killing one on Manhattan LES

NYC Truck Hits Two Citi Bike-Riding Teens on Lower East Side, Killing One

Two teenage girls riding together on an electric bike were struck by…
Cuba's Power Grid Completely Collapses

Cuba’s Power Grid Collapses Nationwide, Leaving Millions in Dark

We have previously reported on the growing challenges facing Cuba’s communist regime…
Hasan Piker calls Bin Laden a ‘spoiled brat,’ labels 9/11 ‘blowback’ in Axios interview

Hasan Piker Calls Bin Laden ‘Spoiled Brat,’ Describes 9/11 as ‘Blowback’ in Axios Interview

Hasan Piker, the online streamer and YouTube commentator known for his progressive…
Families honor Tristyn Bailey, Trenton Stewart at St. Johns County football game

Families Honor Tristyn Bailey and Trenton Stewart at St. Johns County Football Game

Two St. Johns County families came together at a high school football…
California animal rescuer charged after 300 dogs, cats found in filthy home

California Animal Rescuer Charged After 300 Pets Found in Filthy Home

The operator of a Lake Hughes animal rescue where authorities seized more…
Trump signs Russia sanctions bill championed by Lindsey Graham

Trump Signs Russia Sanctions Bill Backed by Lindsey Graham

Washington — President Trump on Friday signed a sweeping Russia sanctions bill…
Law professor's killer stalked him 'like a shark circling' before ex-mother-in-law's murder-for-hire ambush

Law Professor Stalked Before Ex-Mother-in-Law’s Murder-for-Hire Ambush

Dan Markel left the gym expecting a routine trip home. Instead, the…
Montana teen drowns after saving sister while river tubing

Montana Teen Dies Saving Sister in River Tubing Accident

A 13-year-old Montana boy died in a river Wednesday after rescuing his…