The general transcription factor II B (TFIIB) plays a central role in both the assembly of the transcription complex at gene promoters and also in the events that lead to transcription initiation. TFIIB is phosphorylated at serine-65 at the promoters of several endogenous genes, and this modification is required to drive the formation of gene promoter-3′ processing site contacts through the cleavage stimulation factor 3′ (CstF 3′)-processing complex. Here we demonstrate that TFIIB phosphorylation is dispensable for the transcription of genes activated by the p53 tumor suppressor. We find that the kinase activity of TFIIH is critical for the phosphorylation of TFIIB serine-65, but it is also dispensable for the transcriptional activation of p53-target genes. Moreover, we demonstrate that p53 directly interacts with CstF independent of TFIIB phosphorylation, providing an alternative route to the recruitment of 3′-processing complexes to the gene promoter. Finally, we show that DNA damage leads to a reduction in the level of phospho-ser65 TFIIB that leaves the p53 transcriptional response intact, but attenuates transcription at other genes. Our data reveal a mode of phospho-TFIIB-independent transcriptional regulation that prioritizes the transcription of p53-target genes during cellular stress.T he general transcription factor TFIIB plays a central role in the assembly of the transcription complex at the gene promoter (1-3). It has emerged in recent years that TFIIB also engages in contact with factors that are involved in transcription termination and facilitates the formation of loops between the gene promoter and terminator (4-6). The highly conserved Bfinger/reader region of TFIIB plays critical role(s) in transcription initiation, promoter-terminator contacts, and also transcriptional activation, suggesting that these events are linked (1).We recently reported that TFIIB is phosphorylated at ser-65 at the promoters of several endogenous genes and that this event is required for productive transcription (7). Moreover, phosphorylation of TFIIB ser-65 directly augments the interaction between TFIIB and the CstF complex and facilitates promoter-3′ processing site contacts. Whether or not these events are universally required for the transcription of genes by RNA polymerase II (RNAPII) is not known.Recent years have seen the emergence of multiple and distinct pathways to transcription (8-11). In this regard, the posttranslational modifications of the RNAPII carboxyl-terminal domain (CTD), specifically phosphorylation, and the enzymes responsible have revealed new gene-specific pathways in transcription control. This is particularly evident at p53-responsive genes, which require distinct events to ensure that the target genes involved in stressresponse pathways are robustly and rapidly induced under suboptimal cellular conditions (12-16).In this study we demonstrate that the phosphorylation of TFIIB ser-65 is not universally required for transcription, and that target genes under the control of p53 can bypass this ...