By Joseph Lord and Jackson Richman
Contributing Writer
With the “One Big Beautiful Bill” pending before the Senate, several provisions may be stripped out in what is known as a “Byrd Bath.”
The Byrd Rule, named for the late Sen. Robert Byrd, D-W.Va., restricts reconciliation bills, like the one the congressional GOP is looking to pass, to deal with matters related to the budget.
Following its passage by the House, the Senate is now examining — and modifying — the megabill. Any final package will need the support of at least 50 Republican senators, in which case a tie-breaking vote could be cast by Vice President JD Vance.
However, senators still have a way to go until they reach that point as they move ahead with the process in the upper chamber, where heavier restrictions on reconciliation are enforced than in the House.
Here are some provisions in the House bill that Senate Parliamentarian Elizabeth MacDonough could cut.
Process
Because reconciliation allows a bill to avoid the normal 60-vote filibuster threshold, lawmakers can’t just put anything into a reconciliation bill.
Under the Byrd Rule — adopted in 1985 and amended in 1990 to restrict the powerful reconciliation process — all provisions in a reconciliation bill must have an effect on the federal budget that is more than “merely incidental.”
In short, this means that lawmakers can’t simply put policy items in a budget bill that have no substantial and dedicated budgetary impact.
Whether a provision aligns with the Byrd Rule is determined by the parliamentarian. While Republicans technically could overrule MacDonough, Senate Majority Leader John Thune, R-S.D., has already strongly signaled that it’s not a route Republicans are considering.
Thus, it will fall to MacDonough to determine what makes it into the final package.
Artificial Intelligence
The bill currently includes a 10-year ban on state-level regulation of artificial intelligence — a policy change that would be difficult to describe as having an impact on federal revenues and outlays.
The provision states that “no state or political subdivision may enforce any law or regulation regulating artificial intelligence models, artificial intelligence systems, or automated decision systems.”
Despite several hearings on the topic over the past several years, Congress has until now made little legislative progress on the growing issue.
However, it’s not certain that this provision will survive the parliamentarian: It could be stripped out as it does not relate to budgetary matters and is purely policy — precisely what the Byrd Rule seeks to guard against.
Other provisions in the bill related to artificial intelligence would seek to implement the technology in government audits, shipbuilding and other sectors. These provisions are likely to pass muster.
Defunding Planned Parenthood
The bill would also seek to bar Medicaid recipients from receiving care at Planned Parenthood, which provides several services, including abortion.
The bill would also strip Medicaid funding for surgical and hormonal transgender interventions for minors.
Since the reconciliation bill is a budget bill and deals with mandatory spending, which funding for Planned Parenthood is not, a measure that would lead to ending federal funding for the organization might not be able to pass muster.
In the GOP’s bill in 2017 to repeal and replace Obamacare, which was ultimately unsuccessful, a provision similarly sought to restrict funding for Planned Parenthood. MacDonough ruled it as out of order.
Restricting Contempt
Amid the administration’s ongoing disputes with the judiciary — particularly on issues related to President Donald Trump’s operation to deport illegal immigrants — the bill would limit federal judges’ ability to hold members of the administration in contempt.
Specifically, the bill would require plaintiffs to provide a bond before a judge could enforce contempt orders. Under current federal court procedures, this fee can be waived depending on the nature of the case.
This requirement would be imposed retroactively upon enactment of the bill, and could limit the judiciary’s options to respond to administration’s failures to comply with a court order.
However, including this provision in the final legislation could be difficult, given that any federal revenues raised from the section could be labeled “merely incidental” by MacDonough — and thus ineligible for consideration under the Byrd Rule.
Firearm Silencer Fees Slashed
The legislation also includes a provision to remove the requirement to pay a tax on silencer attachments under the National Firearms Act of 1934.
Currently, such attachments — designed to reduce the sound a firearm makes when fired — are subject to a $200 excise tax. The Republican bill would eliminate that fee.
Though the provision has been celebrated by Second Amendment advocacy groups, it could also be challenged by MacDonough for not being primarily related to the federal budget.
