Senior Republican flags House GOP over megabill provision that must change

A key GOP Senate chairman has signaled that one of the most controversial provisions in President Donald Trump's "big, beautiful bill" doesn't comply with Senate rules — and can't be in the final product.

The language in question, tucked into Section 70302 without any clear relation to the rest of the bill's provisions on tax breaks for the wealthy or Medicaid and food stamp cuts — would make it almost impossible for federal judges to enforce civil contempt penalties against Trump administration officials who openly defy court orders, by requiring plaintiffs to pay a bond.

But although it passed in the House version of the bill, Sen. Chuck Grassley (R-IA), the chair of the Senate Judiciary Committee, is pouring cold water on this provision moving forward.

According to Politico's Jordain Carney, "Grassley tells me he had a meeting yesterday on House's contempt citation language tucked in reconciliation bill. 'The house plan isn't Byrdable' and at very least provision will have to be 'modified.'"

Carney added that Grassley said "he didn't hear a decision in the meeting about what will happen" with this text.

By "Byrdable," Grassley is referring to the Byrd Rule, a longstanding requirement that any element of a budget bill in the Senate must be primarily related to the budget, in order to be eligible to pass under reconciliation rules. This is essential because Republicans need to pass the legislation with Republican votes only, and don't have the votes to end a Democratic filibuster, which a reconciliation bill bypasses.

Several other elements of the bill are at risk of being stripped out under the Byrd Rule as well, including a "revenge tax" that imposes a higher rate on foreign companies. If this provision is ruled out of order by the Senate parliamentarian, it could blow a $116 billion hole in the bill and leave the GOP scrambling to make up that revenue somewhere else.

Editor's note: The headline of this article has been updated.