House to Vote Again on Tax Bill After Byrd Rule Violations Found

congress-sanctuary-city-funding byrd rule taxThe historic GOP tax reform plan was passed by the House late Tuesday night and was subsequently sent to the Senate. However, it was later revealed that the House would have to vote once again.

Why? The legislation, titled the Tax Cuts and Jobs Act, was not compliant with a US Senate rule known as the Byrd Rule. After altering the bill to comply with the Senate rule, the bill will now go back to the House for a second vote.

What exactly is the Byrd rule, and why has it come up in this legislation? After all, not every bill goes through this process, and many Americans have been left scratching their heads in the wake of the news, having never even heard of the seemingly-obscure Senate rule.

The Byrd Rule is recognized as part of the Reconciliation Process. Named after Democratic Senator Robert Byrd, the rule amends the Congressional Budget Act of 1974 to allow Senators during Reconciliation to block legislation if there is a strong likelihood of the legislation significantly increasing the federal deficit beyond a ten-year term, or is otherwise deemed an “extraneous matter” as described in the Budget Act. The definition of what constitutes an “extraneous matter”, however, is subject to interpretation.

Created to prevent policymakers from abusing the reconciliation process, the Byrd rule can only be invoked against reconciliation bills and reconciliation conference reports.

There are six criteria that must apply in order for a provision to be considered “extraneous”, these being provisions that:

  • do not produce a change in outlays or revenue
  • produce changes in outlays or revenue which are merely incidental to the non-budgetary components of the provision
  • are outside the jurisdiction of the committee that submitted the title or provision for inclusion in the reconciliation measure
  • increase outlays or decrease revenue if the provision’s’ title fails to achieve the Senate reporting committee’s reconciliation instructions
  • increase net outlays or decrease revenue during a fiscal year after the years covered by the reconciliation bill unless the provision’s title remains budget-neutral
  • contain recommendations regarding the OASDI trust funds

Essentially, a provision is considered “extraneous” if it changes Social Security, increases the deficit beyond a ten-year period, or produces no change in revenues.

Due to this unexpected “Byrd Bath”– the nickname given to the Senate process— certain provisions of the Tax Cuts and Jobs Act will be changed, including the exemption for small colleges from a new excise tax, and changes to the 529 savings plan that would have permitted money in college-savings accounts to be used for homeschooling materials.

The House, which initially passed the bill along party lines in Tuesday’s vote, is scheduled to vote again on the amended bill today.

GOP officials have stated that they aim to get the bill on President Trump’s desk to finally be signed into law by Christmas, and are confident that even with this unexpected setback, they will prevail.

“This is one of the most important pieces of legislation Congress has passed in decades,” House Speaker Paul Ryan said following Tuesday’s vote. “This is a good day for workers, and a great day for growth.”



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The Byrd Rule. Robert Byrd himself was a violation of all rules; a supposedly “former” KKK member who used taxpayer money to immortalize his own name on nearly every public building in West Virginia, from libraries to schools to administrative buildings …. Byrd robbed the taxpayers of this great nation to enrich himself and become a “philanthropist” with their, not his money.

General Bull Krapper

The Grand Wizard (PooBah?) strikes from the grave. Even when they’re dead liberals are PITA’S.

Merry CHRISTmas!



“do not produce a change in outlays or revenue” seems to cover anything that the other points didn’t, This Byrd rule can be summoned for ANY piece of legislation – more demagoguery – political foot shuffling – it should allow for unearned Congressional overtime


Are we talking about that great proponent for civil rights for blacks, Robert ‘Sheets’ Byrd, former ‘Grand Wizard, Kleagle, or Dragon’ of the KKK??? The SAME guy with monuments to himself that none of the snowflakes or the professionally offended crowd have bothered to pull down in an ‘effort’ to erase ‘racism’???



It appears your reply button does not work properly. I replied to Kathy below to answer her questions and the post just vanished. Is this considered a new “feature” of your web site?

James Martin

…I know there’s a pony in there somewhere!


will we see the standard deduction go up this year when we do our taxes or will it be the next year, also the child care credit. will we see it this year when we file.


Anything that was put into law by Byrd, I’m against! Deficits never bothered a dimocrat, there must have been some sinister reason for it to have his name on it!