Cyclopedia of Congressional Budget Law

Byrd Rule

Summary 

The Byrd Rule is set forth in section 313 of the Congressional Budget Act of 1974, which establishes a point of order, applying only in the Senate, against provisions of reconciliation bills or resolutions which are determined to be “extraneous” to the measure. Reconciliation bills and resolutions are given special procedures which limit debate and amendment in the Senate. “Extraneous” provisions have six tests, as set forth in section 313(b)(1)(A) through (F). The term “Byrd Rule” is derived from its author, the late Senator Robert Byrd (D-WV).


 GAO Glossary of Terms and Definition (September 2005)

Byrd Rule

A rule of the Senate that allows a senator to strike extraneous material in, or proposed to be in, reconciliation legislation or the related conference report. The rule defines six provisions that are “extraneous,” including a provision that does not produce a change in outlays or revenues and a provision that produces changes in outlays or revenues that are merely incidental to the nonbudgetary components of the provision. The Byrd Rule was first enacted as section 20001 of the Consolidated Omnibus Budget Reconciliation Act of 1985 and later transferred in 1990 to section 313 of the Congressional Budget Act (2 U.S.C. § 644). The rule is named after its primary sponsor, Senator Robert C. Byrd. (See also ReconciliationReconciliation BillReconciliation InstructionReconciliation Resolution.)

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Byrd Rule Documents

CRS – The Budget Reconciliation Process: The Senate’s “Byrd Rule” (RL30862) November 22, 2016

Byrd Rule Annotated by William G. Dauster (2005)

Special Section – The Byrd Rule from Budget Laws Annotated (1990)

Section 7006 from the Omnibus Budget Reconciliation Act of 1986 (Pub. L. 99-509)

Section 20001 from the Consolidated Omnibus Budget Reconciliation Act of 1985 (99th Congress)Pub.L. 99–272, 100 Stat. 82,, on page 930.

S. Res. 509 (99th Congress) – Byrd Rule Resolution from History of BBEDCRA 1987 (1993) applying rule to Conference Reports


CRS Reports on the Byrd Rule

CRS – The Budget Reconciliation Process: The Senate’s “Byrd Rule” (RL30862) November 22, 2016

CRS – The Budget Reconciliation Process: The Senate’s “Byrd Rule”  (RL30862) September 13, 2010

CRS – The Budget Reconciliation Process – The Senate’s “Byrd Rule” (Bob Keith RL30862) July 8, 2009

CRS – The Budget Reconciliation Process – The Senate’s “Byrd Rule” (Bob Keith RL30862) Updated March 20, 2008

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