Byrd rule

The Byrd rule, named for Senator Robert Byrd of West Virginia, is a provision of the Senate's budget law (Section 313 of the Congressional Budget Act) that restricts what may be included in a budget reconciliation bill. Any provision that is "extraneous" may be struck out unless 60 senators vote to waive the rule.

A provision is extraneous if, among other criteria, it produces no change in federal spending or revenue, has a change that is merely incidental to a nonbudgetary purpose, falls outside the jurisdiction of the committee that submitted it, or increases deficits after the years covered by the budget resolution. The Senate parliamentarian reviews bills in a process nicknamed the "Byrd bath" and advises the presiding officer on which sections violate the rule.

Because only a simple majority is needed to pass reconciliation but 60 votes are needed to waive the Byrd rule, the parliamentarian's advice is highly consequential. It is why policy proposals such as an increase in the minimum wage were removed from reconciliation in 2021. Members of the majority have occasionally urged overruling or firing the parliamentarian; leaders have generally declined, saying doing so would weaken the filibuster and the Senate's rules.