This page will be updated as more decisions are released and changes are made to the rejected provisions.
The bill carrying much of President Trump’s domestic agenda is facing examination by the Senate parliamentarian, a nonpartisan official who enforces the chamber’s complex rules — and who can effectively strip out parts of the bill that don’t comply.
Republicans will be able to push the tax and entitlement package through with a simple Senate majority, avoiding a Democratic filibuster, as long as it complies with the “Byrd Rule,” which has governed the budget reconciliation process they are using since the 1980s. Under the rule, each of the bill’s provisions:
Must produce a non-incidental change to the federal budget. In other words, it must primarily be a change to spending or revenue. Provisions with no or minimal budgetary impact, or that are mostly there for policy reasons, are supposed to be struck, but the decision can be subjective.
May not increase the deficit outside of the budget window. In this case, provisions can’t add to deficits past 2034.
May not make changes to Social Security.
The process of review is known informally in the Senate as the “Byrd bath.” So far, the parliamentarian, Elizabeth MacDonough, has determined that dozens of provisions do not pass muster to be included in the megabill, in most cases because they represent policy changes with only incidental effects on the budget.
Republican committee leaders have said they plan to rewrite some of the struck provisions to make them compliant.
Most of the struck provisions would have had a small effect on the bill’s bottom line, with some exceptions. Others were policy priorities for some Republicans, and their removal could make those lawmakers less enthusiastic about supporting the bill. What is likely to be the most consequential ruling, on whether Republicans may use a budget maneuver to exclude the cost of tax cut extensions, is still outstanding.
We’ve highlighted instances where Republicans have said they have made or are working on adjustments to the offending portions.
SNAP state matching funds
After the provision was rejected, Republicans said that they revised the language to comply with the rules. Democrats will have the opportunity to review the change and challenge it.
Elegibilidad de Snap para ciertos inmigrantes
Limit food aid benefits to citizens or lawful permanent residents, with certain exceptions
Autoridad de apoyo a precios permanente
A legislative mechanism usually addressed in the Farm Bill to prevent old agricultural laws from taking effect
State and local immigration enforcement
Funding for states to conduct border security and immigration enforcement
Republicans are working to adjust this provision to make sure it complies with the rules.
Elegibilidad de subvención de aplicación de la ley estatal y local
Autoridad estatal y local para arrestar a los no ciudadanos
Authority for state and local officials to arrest noncitizens suspected of being unlawfully present in the U.S.
Limitación de demandas contra el gobierno federal
Limit on preliminary injunctions or temporary restraining orders by requiring litigants to post potentially large bonds. This provision could have limited those seeking to block President Trump’s executive actions.
Limitación sobre la capacidad del gobierno para establecerse con terceros
Repeal of green energy and emissions reduction programs
The parliamentarian ruled that the bill may take away funding from Inflation Reduction Act programs, but it may not repeal their authorization, so Congress could provide funding to them in the future.
Derogación de la regla de emisiones de tubo de escape de la EPA
Repeal of an E.P.A. regulation limiting vehicle emissions
Revisiones ambientales
A provision would have allowed project sponsors to expedite environmental reviews and avoid judicial scrutiny for a fee. The judicial review portion was found to violate the rules.
Cumplimiento ambiental
Automatic compliance with the National Environmental Policy Act for oil and gas lease sales
Arrendamiento y regalías geotérmicas
Requirement for annual geothermal lease sales and changes to geothermal royalties
Minero Road en Alaska
Approval for construction of the Ambler Road
Exportaciones e importaciones de gas natural
Fee for natural gas exporters to have their project “deemed to be in the public interest” and approved
Arrendamiento de petróleo y gas en alta mar
Requirement that leases be issued within 90 days of a sale
Ventas de tierras públicas
Mandatory sales of Bureau of Land Management and U.S. Forest Service land to allow for more housing
Tarifas de energía renovable
Removal of the Interior secretary’s discretion to reduce fees for solar and wind projects on public land
Elimination of Consumer Financial Protection Bureau funding
Eliminación de la Oficina de Financiación de Investigación Financiera
The office is an independent bureau that is supposed to monitor risk on Wall Street
Eliminación de la Junta de Supervisión de Contabilidad de la Compañía Pública
The board is an auditing watchdog created after the 2001 Enron scandal
Reducción del pago de algunos empleados de la Reserva Federal
Limits on agency rulemaking
A version of the REINS Act, which would give Congress more power over federal agency rules
Reorganización de la agencia
Authorization for the executive branch to reorganize federal agencies
Contribuciones de jubilación y protecciones de los trabajadores
Increase in the rate of required contributions to the federal retirement system for those who do not give up some civil service protections
Bonos de costo
Incentive program for federal employees to identify expenditures to cut
Quejas de los trabajadores
Requirement that workers and former workers pay filing fees when they make complaints
Vehículos eléctricos de USPS
Requirement that electric vehicles used by the Postal Service are sold
Tarifas para sindicatos
New fee for federal worker unions’ use of agency resources
Defense spending plan enforcement
Reduction in appropriations if Defense Department spending plans are not submitted on time
Reparación de la estación de la Guardia Costera
The section in violation would apply to a specific damaged station on South Padre Island, Texas
Transferencia de vehículos espaciales de la NASA
Transfer of space shuttle to a nonprofit in Houston from the Smithsonian’s National Air and Space Museum