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Section 205
Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987

title II—BUDGET PROCESS REFORM
Sec. 205. Extraneous Provisions in the Senate.

(a) Prohibition of Extraneous Matters in Reconciliation Measures in the Senate.—Section 20001 of the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended by section 7006 of the Omnibus Budget Reconciliation Act of 1986, is amended in subsection (c) by striking out “January 2, 1988”and inserting in lieu thereof “September 30, 1992”.

(b) Provisions Considered To Be Extraneous in the Senate.—Subsection (d)(1)(A) of such section is amended by inserting before the period at the end thereof “; and (E) a provision shall be considered to be extraneous if it increases, or would increase, net outlays, or if it decreases, or would decrease, revenues during a fiscal year after the fiscal years covered by such reconciliation bill or reconciliation resolution, and such increases or decreases are greater than outlay reductions or revenue increases resulting from other provisions in such title in such year”.

(c) Application of Subsection (a) To Certain Senate Resolutions.—Nothing in the amendment made by subsection (a) shall be construed as limiting the manner in which S. Res. 286 (99th Congress, 1st  session), as amended by S. Res. 609 (99th Congress, 2d  session), shall apply to reconciliation bills and reconciliation resolutions considered on or after the date of the enactment of this joint resolution.


Counsel Notes
Codification

This section is not classified to the U.S. Code.

Joint Explanatory Statement (BBEDCRA 1987) 

The Joint Explanatory Statement of the Managers of Conference on the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987 included this description:

6. Extraneous Provisions in Reconciliation Legislation 

Current Law 

Title XX of the Consolidated Omnibus Budget Reconciliation Act of 1985 (P.L. 99-272), as amended by Section 7006 of the Omnibus Budget Reconciliation Act of 1986 (P.L. 99-509), established a temporary rule in the Senate-referred to as the “Byrd Rule”-to exclude extraneous matter from reconciliation legislation. The rule specifies the types of provisions considered to be extraneous, provides for a point of order against the inclusion of extraneous matter in reconciliation measures, and requires a three-fifths vote of the Senate to waive or appeal the point of order. The rule expires on January 2, 1988. 

Senate Amendment 

The Senate amendment (Section 228) amends the Byrd Rule (which applies only in the Senate) to include in the definition of extraneous matter provisions which increase net outlays or decrease revenues during a fiscal year beyond those fiscal years covered by the reconciliation measure and which result in a net increase in the deficit for that fiscal year. The Senate amendment also extends the expiration date of the Byrd Rule to September 30, 1992. 

Conference Agreement 

The House recedes and concurs in the Senate amendment. This rule applies only in the Senate.

It is the intent of the conferees that expiration after the reconciliation period of a revenue increase or extension provided for in a reconciliation bill would not, of itself, be considered a revenue decrease for purposes of this provision. It could, however, contribute to a finding that a spending increase or a positive revenue decrease in that legislation violated this rule.

U.S. House of Representatives, Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987: Conference Report to Accompany H. J. Res. 324, House Ways and Means Committee (H. Rept. 100-313) September 21, 1987.

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