GOP's food stamp plan is found to violate Senate rules. It's the latest setback for Trump's big bill
In another blow to the Republicans' tax and spending cut bill, the Senate parliamentarian has advised that a proposal to shift some food stamps costs from the federal government to states — a centerpiece of GOP savings efforts — would violate the chamber's rules.
While the parliamentarian's rulings are advisory, they are rarely, if ever, ignored. The Republican leadership scrambled on Saturday, days before voting is expected to begin on President Donald Trump's package that he wants to be passed into law by the Fourth of July.
The loss is expected to be costly to Republicans. They have been counting on some tens of billions of potential savings from the Supplemental Nutrition Assistance Program, known as SNAP, to help offset the costs of the $4.5 trillion tax breaks plan. The parliamentarian let stand for now a provision that would impose new work requirements for older Americans, up to age 65, to receive food stamp aid.
"We will keep fighting to protect families in need," said Sen. Amy Klobuchar of Minnesota, the top Democrat on the Senate Agriculture, Nutrition and Forestry Committee, which handles the SNAP program.
"The Parliamentarian has made clear that Senate Republicans cannot use their partisan budget to shift major nutrition assistance costs to the states that would have inevitably led to major cuts," she said.
The parliamentarian's ruling is the latest in a series of setbacks as staff works through the weekend, often toward midnight, to assess the 1,000-page proposal. It all points to serious trouble ahead for the bill, which was approved by the House on a party-line vote last month over unified opposition from Democrats and is now undergoing revisions in the Senate.
At its core, the goal of the multitrillion-dollar package is to extend tax cuts from Trump's first term that would otherwise expire if Congress fails to act. It also adds new ones, including no taxes on tips and or overtime pay. To help offset the costs of lost tax revenue, the Republicans are proposing cutbacks to federal Medicaid, health care and food programs — some $1 trillion. Additionally, the package boosts national security spending by about $350 billion, including to pay for Trump's mass deportations, which are running into protests nationwide.
Trump has implored Republicans, who have the majority in Congress, to deliver on his top domestic priority, but the details of the package, with its hodge-podge of priorities, are drawing deeper scrutiny.
All told, the nonpartisan Congressional Budget Office estimates the package, as approved by the House, would add at least $2.4 trillion to the nation's red ink over the decade and leave 10.9 million more people without health care coverage. Additionally, it would reduce or eliminate food stamps for more than 3 million people.
The parliamentarian's office is tasked with scrutinizing the bill to ensure it complies with the so-called Byrd Rule, which is named after the late Sen. Robert C. Byrd, D-W.Va., and bars many policy matters in the budget reconciliation process now being used.
Late Friday, the parliamentarian issued its latest findings. It determined that Senate Agriculture, Nutrition and Forestry Committee's proposal to have the states pick up more of the tab for covering food stamps — what Republicans call a new cost-sharing arrangement — would violate the Byrd Rule.
Many lawmakers said the states would not be able to absorb the new requirement on food aid, which the federal government has long provided. They warned many would lose access to SNAP benefits used by more than 40 million people.
Initially, the CBO estimated savings of about $128 billion under the House's proposal to shift SNAP food aid costs to the states. Cost estimates for the Senate's version, which made changes to the House approach, have not been publicly available.
The parliamentarian's office rulings leave GOP leaders with several options. They can revise the proposals to try to comply with Senate rules or strip them from the package altogether. They can also risk a challenge during floor voting, which would require the 60-vote threshold to overcome. That would be unlikely in the split chamber with Democrats opposing the overall package.
The parliamentarian's latest advice also said the committee's provision to make certain immigrants ineligible for food stamps would violate the rule. It found several provisions from the Senate Commerce, Science and Transportation Committee, which is led by Sen. Ted Cruz, R-Texas, to be in violation. They include one to provide $250 million to Coast Guard stations damaged by fire in 2025, namely one on South Padre Island in Texas.
Some of the most critical rulings from parliamentarians are still to come. One will assess the GOP's approach that relies on "current policy" rather than "current law" as the baseline for determining whether the bill will add to the nation's deficits.
Already, the parliamentarian delivered a serious setback Thursday, finding that the GOP plan to gut the Consumer Financial Protection Bureau, which was a core proposal coming from the Senate Banking, Housing and Urban Affairs Committee, would violate the Byrd Rule.
The parliamentarian has also advised of violations over provisions from the Senate Environment and Public Works Committee that would roll back Environmental Protection Agency emissions standards on certain vehicles and from the Senate Armed Services Committee to require the Defense secretary to provide a plan on how the Pentagon intends to spend the tens of billions of new funds.
The new work requirements in the package would require many of those receiving SNAP or Medicaid benefits to work 80 hours a month or engage in other community or educational services.
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