§238. Section 13214. The Byrd Rule on Extraneous matter in Reconciliation.

BEA 1990 (Contents)

Budget Enforcement Act of 1990

Section 13214

Title XIII—Budget Enforcement

Subtitle B—Permanent Amendments to the Congressional Budget and Impoundment Control Act 1974

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 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 1985”;

(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:

“(e) Extraneous Materials.—Upon the reporting or discharge of a reconciliation bill or resolution pursuant to section 310 in the Senate, and again upon the submission of a conference report on such a reconciliation bill or resolution, the Committee on the Budget of the Senate shall submit for the record a list of material considered to be extraneous under subsections (b)(1)(A), (b)(1)(B), and (b)(1)(E) of this section to the instructions of a committee as provided in this section. The inclusion or exclusion of a provision shall not constitute a determination of extraneousness by the Presiding Officer of the Senate.

“(f) General Point of Order.—Notwithstanding any other law or rule of the Senate, it shall be in order for a Senator to raise a single point of order that several provisions of a bill, resolution, amendment, motion, or conference report violate this section. The Presiding Officer may sustain the point of order as to some or all of the provisions against which the Senator raised the point of order. If the Presiding Officer so sustains the point of order as to some of the provisions (including provisions of an amendment, motion, or conference report) against which the Senator raised the point of order, then only those provisions (including provisions of an amendment, motion, or conference report) against which the Presiding Officer sustains the point of order shall be deemed stricken pursuant to this section. Before the Presiding Officer rules on such a point of order, any Senator may move to waive such a point of order as it applies to some or all of the provisions against which the point of order was raised. Such a motion to waive is amendable in accordance with the rules and precedents of the Senate. After the Presiding Officer rules on such a point of order, any Senator may appeal the ruling of the Presiding Officer on such a point of order as it applies to some or all of the provisions on which the Presiding Officer ruled.

“(g) Determination of Levels.—For purposes of this section, the levels of new budget authority, budget outlays, new entitlement authority, and revenues for a fiscal year shall be determined on the basis of estimates made by the Committee on the Budget of the Senate.”.

(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 III 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”;

(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)(1)(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 Impoundment Control Act of 1974 is amended by adding after the item for section 312 the following new item:

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

Section 13213 (BEA 1990)

Section 13301 (BEA 1990)

COUNSEL NOTES

Codification

This section was not classified to the U.S. Code since it enacted amendments to codified law.

Joint Explanatory Statement of Managers on the BEA of 1990

The Conference Report on the BEA 1990 stated the following:

The conference agreement … codifies the Byrd Rule on extraneous matter in reconciliation bills … section 20001 of the Consolidated Omnibus Budget Reconciliation Act of 1985, P.L. 99-272, 20001, 100 Stat. 82, 390-91 (Apr. 7, 1986), amended by the Omnibus Budget Reconciliation Act of 1986, P.L. 99-509, 7006, 100 Stat. 1874, 1949-1950 (Oct. 21, 1986), and amended by the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987, P.L. 100-119, 20.5, 101 Stat. 754, 784-85 (Sept. 29, 1987)).

U.S. House of Representatives, Omnibus Budget Reconciliation Act of 1990: Conference Report to Accompany H.R. 5835, House Report 101-964 (October 27, 1990).

LEGISLATIVE HISTORY NOTES

Pub. L. 101–508, title XIII, §13214, Nov. 5, 1990, 104 Stat. 1388, 1388-621; (Budget Enforcement Act of 1990).