What is the Byrd Rule?

The Byrd Rule is a federal law and Senate rule that prohibits the inclusion of "extraneous" policy provisions in budget reconciliation bills. Codified under Section 313 of the Congressional Budget Act, the rule ensures that the expedited reconciliation process—which allows bills to pass with a simple majority and bypass the 60-vote filibuster—is used strictly for fiscal legislation rather than unrelated policy goals. 

The Six Tests of Extraneous Matter 

A provision is considered "extraneous" and violates the Byrd Rule if it meets any of the following six criteria: 

• No Budgetary Effect: It does not produce a change in federal outlays or revenues. 
• Deficit Worsening: It increases outlays or decreases revenue when the drafting committee failed to meet its structural budget instructions. 
• Jurisdictional Violation: It falls completely outside the legislative jurisdiction of the committee that submitted the language. 
• Merely Incidental: It changes spending or revenue, but that fiscal impact is minor or purely secondary to the larger, non-budgetary policy change. 
• Long-Term Deficit Increase: It increases the federal deficit in any fiscal year outside the standard "budget window" (typically 10 years into the future). 
• Social Security Changes: It proposes modifications or changes to the Social Security program. 

How the Rule is Enforced: The "Byrd Bath"

The Byrd Rule is not self-enforcing and relies on active challenges during legislative debate. 

1. Raising an Objection: Any Senator can raise a point of order on the Senate floor against a specific provision they believe is extraneous. 
2. The Parliamentarian's Review: The nonpartisan Senate Parliamentarian reviews the text and advises the Senate's presiding officer. This screening and scrubbing process is widely referred to as a "Byrd Bath". 
3. Surgical Removal: If the point of order is sustained, the non-compliant provisions—colloquially called "Byrd droppings"—are surgically excised from the bill, while the rest of the package moves forward intact. 
4. The 60-Vote Waiver: A provision violating the rule can only be saved if at least 60 Senators vote to waive the Byrd Rule restriction for that specific item.