By Jasmine Li

WASHINGTON -- Contentious provisions related to judicial powers, artificial intelligence, gun suppressors and transgender care tucked inside House Republicans' tax and spending megabill could be struck by the GOP-led Senate after it returns to work next week.

The final bill must comply with the Senate's Byrd Rule, named for the late West Virginia Democratic Sen. Robert Byrd, which prevents lawmakers from using the special budget reconciliation process to advance unrelated policies. Reconciliation allows Republicans to pass President Trump's "big, beautiful" bill with just 51 votes -- rather than the 60 usually required in the Senate -- but only if their provisions all have a meaningful fiscal impact that aren't "merely incidental."

"The House has to fit through a garage door, the Senate has to squeeze through a window in the garage door," Sen. Markwayne Mullin (R., Okla.) said on X. Sen. Ron Wyden (D., Ore.) said the bill is "stuffed full of policy" that may not be Byrd-compliant.

The Senate process is designed to scrub the GOP bill of items seen as having little impact on fiscal matters. In this "Byrd bath," any senator can raise a point of order to challenge a provision in the bill. The nonpartisan Senate parliamentarian will then make the final call, which Republicans are expected to abide by -- though in today's political environment, nothing is certain.

"During reconciliation, the minority party wants to cause as much trouble for the majority party, whenever and wherever possible," said Zach Moller, director of the economic program at center-left think tank Third Way. "That is the price of reconciliation."

The process has stripped out contentious provisions in past efforts. For instance, in 2021, Democrats' push to raise the federal minimum wage to $15 an hour was rejected by the parliamentarian.

These provisions tucked inside the GOP bill could be struck in coming weeks:

Limiting judges' contempt power

Republicans proposed blocking judges from holding litigants in contempt for defying court orders, unless they had ordered a bond previously. Some Democrats interpreted it as an effort to protect the Trump administration from judicial accountability as it faces off against federal courts. Since the proposal has no obvious fiscal impact, it is likely to be challenged and might not remain in the final version of the bill.

This is one of several provisions that have flown under the radar for some lawmakers in the tax and spending bill, even as Democrats decry them. Republican Rep. Mike Flood was questioned about the contempt issue at a town hall Tuesday in Seward, Neb. "This provision was unknown to me when I voted for that," Flood said. "And when I found out that provision was in the bill, I immediately reached out to my Senate counterparts and told them of my concern."

Sen. Joni Ernst (R., Iowa) said at a town hall Friday she didn't "see any argument that could ever be made that this affects mandatory spending" and didn't expect to see it in the final bill.

Deregulating gun silencers

A last-minute amendment would remove gun suppressors, or silencers, from the purview of the National Firearms Act. The change would eliminate some taxes and end a requirement that all suppressor purchases be registered. The effort has drawn guffaws and derision from Democrats.

"Quite frankly, what is in the reconciliation bill does more to support assassins than it does American families," said Rep. Jim McGovern (D., Mass.).

Rep. Andrew Clyde (R., Ga.), a gun-store owner who championed the legislation, said he believes the provisions will survive. "The taxation and registration of suppressors under the NFA are inextricably linked," he said. Backers say the devices, which muffle but don't silence gun shots, help protect the hearing of firearms users.

A moratorium on state laws regulating AI

The GOP bill includes a 10-year moratorium on state laws regulating artificial intelligence systems. Republicans have argued that it will help streamline regulations and prevent variations between states, making it simpler for companies to operate nationwide. The effort aligns with Trump's deregulation agenda -- he repealed Biden-era efforts to regulate the technology on his first day back in the White House.

"It's definitely something that would be in Byrd trouble," Moller said, given the lack of clear budgetary impact.

Transgender treatment and immigration fees

Republicans packed proposals that would advance Trump's political agenda into the megabill. Democrats are expected to challenge a provision to ban the use of Medicaid funding for transgender care, and another that would raise fees for visa and asylum applicants -- proposals that could generate $830 million in savings and $67 billion in revenue, respectively, over the next decade, according to the CBO.

An earlier Democratic attempt to use reconciliation to create pathways to citizenship for eight million people was rejected by the parliamentarian.

Tax provisions with little revenue impact

Several tax proposals in the bill would have negligible effects on revenue, according to estimates from the congressional Joint Committee on Taxation, making them more prone to challenges in the Senate.

These include a provision to halt bans or regulations on contingency fees -- used by tax professionals to pocket a percentage of the prospective tax refunds or savings they help clients obtain. The IRS has tried to crack down on these fees over the years, arguing that they motivate abuse among tax professionals. Other proposals estimated by the joint committee to have negligible fiscal impact include raising penalties for unauthorized disclosures of taxpayer information, and some tax adjustments for private foundations and nonprofit organizations.

Write to Jasmine Li at jasmine.li@wsj.com

(END) Dow Jones Newswires

June 01, 2025 05:00 ET (09:00 GMT)

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