Q&A: Big, beautiful bill comes to the Senate
Q: What is the Big, Beautiful Bill Act?
A: The House of Representatives passed a 1,000-plus page bill in May that includes key measures to enact President Trump’s domestic policy agenda, including a once-in-a-generation opportunity to cut government bloat and prevent the biggest tax hike in American history. The package also boosts resources for the military, beefs up border security and unleashes American energy to help fuel economic growth. Now, the sausage-making gets underway in the U.S. Senate. Unlike in the House of Representatives, deliberations in the Senate must abide by specific rules that apply to a reconciliation package. Those parameters include a fast-track process that requires only 51 Senate votes instead of 60; and the bill also must directly impact federal spending or taxes. I’ll be giving a thorough scrubbing to the legislation, including its impact on the farm safety net and food stamp (SNAP) program and efforts to root out waste, fraud and abuse in health care.
Q: What is the Byrd rule?
A: The Byrd rule is named after former Sen. Robert Byrd of West Virginia, who was long recognized as the “conscience of the Senate” for his deep-seated commitment to parliamentary procedures to protect the institutional role of the Senate in our system of checks and balances. The Byrd rule sets restrictions on reconciliation legislation considered in the Senate and was included unanimously in a federal budget law adopted 40 years ago and made permanent in 1990.
Reconciliation legislation is used to change revenue and mandatory spending levels within budget resolution policies using an expedited timeline. Unlike the House of Representatives, debate in the Senate is limited to 20 hours and amendments must be germane. The Byrd rule was adopted to preserve the deliberative nature of the Senate and protect the integrity of the reconciliation process. It prevents abusive efforts to circumvent the process with non-budgetary policy matters that ought to be considered under regular order. For example, the Senate Democrat majority tried to use the reconciliation process to ram through mass amnesty for illegal immigrants. This massive policy proposal failed to pass the Byrd rule.
The Byrd rule allows any senator to raise a point of order against non-budgetary matters in a reconciliation bill. If a point of order is sustained, the provision is removed from the underlying legislation. An effort to waive the Byrd rule requires approval from three-fifths of the Senate. Over the years, the Byrd rule has created friction between the House and Senate. Don’t forget, the founders intentionally created a bicameral legislature to guarantee the rights of the minority party. The rules of the Senate are built around consensus, as opposed to the House of Representatives where the majority party dominates. As the story goes, George Washington told Thomas Jefferson that “we pour legislation into the senatorial saucer to cool it.” Keeping intact the institutional role of the Senate is an important check in our separation of powers. The Byrd rule is one of those pillars that prevents unrelated legislative agendas from evading Senate deliberation. Whereas the House had a tough row to hoe to pass the reconciliation package, the Senate has an even narrower row to cultivate to get to the finish line.
U.S. Sen. Charles Grassley, a Republican, represents Iowa.