BPLA (Contents)

Budget Process Law Annotated (1993)

Budget Enforcement Act of 1990

TITLE XIII — BUDGET ENFORCEMENT

[Pages 740-744]

SEC. 13214. THE BYRD RULE ON EXTRANEOUS MATTER IN RECONCILIATION.

(a) The Byrd Rule on Extraneous Matter in Reconciliation.—Section 20001 of the Consolidated Omnibus Budget Reconciliation Act of 1985 is amended—

(1) in subsection (a)—

(A) by inserting after “(a)” the following: “In [p. 741] General.—”;

(B) by inserting after “1974” the following: “(whether that bill or resolution originated in the Senate or the House) or section 258C of the Balanced Budget and Emergency Deficit Control Act of 1983”;

(2) in subsection (d) by inserting after “(d)” the following: “Extraneous Provisions.—”;

(3) in subsection (d)(1)(A) by inserting before the semicolon “(but a provision in which outlay decreases or revenue increases exactly offset outlay increases or revenue decreases shall not be considered extraneous by virtue of this subparagraph)”;

(4) in subsection (d)(1)(D) by striking “and” after the semicolon;

(5) in subsection (d)(1)(E), by striking the period at the end and inserting””; and”;

(6) in subsection (d)(1) by adding at the end the following new subparagraph:

“(F) a provision shall be considered extraneous if it violates section 310(g).”;

(7) in subsection (d)(2), by inserting after “A” the first place it appears the following: “Senate-originated”; and

(8) by adding at the end the following new subsections:

 [P. 742]

[“…”]¹⁸²⁹

(b) Transfer of Byrd Rule.—(1) Section 20001 of the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended by subsection (a), is transferred to the end of title HI of the Congressional Budget Act of 1974, and designated as section 313 of that Act.

(2) Section 313 of the Congressional Budget Act of 1974 is amended by –

(A) adding at the beginning the following center heading:

“Extraneous Matter In Reconciliation Legislation”;

(B) striking subsection (b), subsection (c), and the last sentence of subsection (a); and

(C) redesignating subsections (d) (e), (f), and (g) as subsections (b), (c), (d) and (e), respectively.

(3) Subsection (a) of the first section of Senate-Resolution 286 (99th Congress, 1st Session), as amended by Senate Resolution 509 (99th Congress, 2d Session) is enacted as subsection (c) of section 313 of the Congressional Budget Act of 1974.

(4) Section 313 of the Congressional Budget Act of 1974 is amended—

(A) in subsections (a), (b)(1)(A), and (c), by striking “of the Congressional Budget Act of 1974”;

[P. 743]

(B) in subsection (a), by striking “(d)” and inserting “(b)”;

(C) in subsection (b)(2)(C), by adding “or” at the end thereof;

(D) in subsection (c), by striking “when” and inserting “When”;

(E) in subsection (c)(1), by striking “(d)(1)(A) or (d)(1)(D) of section 20001 of the Consolidated Omnibus Budget Reconciliation Act of 1985” and inserting “(b)(l)(A), (b)(1)(B), (b)(1)(D), (b)(1)(E), or (b)(1)(F)”; and

(F) in subsection (c)(2), by striking “this resolution” and inserting “this subsection”.

(5) The table of contents for the Congressional Budget and the item for section 312 the following new item: 

“Sec. 313. Extraneous matter in reconciliation legislation.”.

[P. 744 is blank.]

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1829. See supra pp. 216-246.

Counsel Notes

See the following for further information on the Byrd Rule: 

William G. Dauster — Byrd Rule Annotated including Section 313 of the Congressional Budget Act of 1974 (2005), Draft.

William G. Dauster— Section 313 (CBA) from the Budget Process Law Annotated (1993), pp. 198-246.

William G. Dauster —Special Section – The Byrd Rule from Budget Laws Annotated (1990)

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