§015b. (CB) Byrd Rule

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 Reconciliation; Reconciliation Bill; Reconciliation Instruction; Reconciliation Resolution.)