Senate Republicans were dealt a major blow in their proposed plans to overhaul higher education this week. Two important provisions contained in the Senate Health, Education, Labor and Pensions’ reconciliation package have been deemed to violate the Senate’s Byrd Rule.
The Senate Parliamentarian — the nonpartisan official tasked with interpreting and issuing rulings on Senate rules — has ruled that the Workforce Pell and consolidated loan repayment provisions of the bill are in violation of the Byrd Rule.
The Byrd rule, officially known as Section 313 of the Congressional Budget Act, requires that reconciliation legislation comply with certain parameters, including that the provisions must directly relate to the budget, can’t contain unrelated policy priorities, and can’t grow the deficit beyond the budget window provided in the bill.
The Parliamentarian’s ruling means that, unlike the simple majority needed for passage of a reconciliation bill, these provisions would need to clear a 60-vote threshold if challenged on the Senate floor — which they almost certainly would be.
The proposed Senate loan repayment changes attempt to end the multiple existing income-driven student loan repayment plans. In their place, both current and future borrowers would be transitioned into one of two consolidated plans: a standard repayment plan, and a single income-driven repayment plan.
The Parliamentarian’s ruling determined that repealing these repayment plans for current borrowers was in violation of the Byrd rule. Senate lawmakers and committee staff will need to rewrite elements of the bill in order to comply. The proposed changes were expected to net over $200 billion in savings, which Republicans may now seek to find through other avenues.
While current borrowers will now likely be permitted to maintain their current repayment plan, the Parliamentarian’s ruling did not apply to future borrowers, meaning that borrowers who take out new student loans on or after July 1, 2026, may only have access to two repayment plans. One would be a Standard plan, with monthly payments stretched out over a term ranging from 10 to 25 years. The other would be a new income-driven repayment plan called the Repayment Assistance Plan, or RAP. RAP would use a repayment formula that differs in many ways from current IDR options and would in some cases have higher monthly payments.
The situation remains fluid. The Office of Federal Relations will continue to update with the status of the bill and changes.