Was the 90/10 Relief that passed the House as part of the original H.R. 3221 included in the final reconciliation bill?
No, the final language signed by the President did not contain the Andrews/Souder 90/10 Relief language. The fundamental procedural problem with the 90/10 provision and many others that were stripped from the original SAFRA bill was the so-called Byrd Rule in the Senate. The Byrd Rule stipulates that language in a reconciliation that arguably has no or minimal budget impact is subject to being removed by a point of order. Although we submitted a detailed memorandum to the appropriate Congressional offices arguing that the Andrews/Souder amendment should not be subject to the Byrd rule, the House stripped the bill of all provisions arguing that they posed a Byrd Rule danger in order to avoid grounds of sending the bill back to the House. Senate Republicans were successful in a Byrd Rule point of order on the Pell provisions in the reconciliation bill, as explained below, causing the bill to go back to the House for a final vote. However, the 90/10 Relief language was removed prior to th
