Senate Adopts Byrd Rule 96-0 to Block Extraneous Provisions in Reconciliation Bills

Senator Robert C. Byrd offered Amendment No. 878 to the Consolidated Omnibus Budget Reconciliation Act of 1985, creating what became known as the Byrd Rule. The Senate adopted it 96-0, establishing six tests for whether a provision is extraneous to reconciliation and therefore subject to a 60-vote point of order. The rule was made permanent in 1990 when Congress incorporated it as Section 313 of the Congressional Budget Act. The Senate parliamentarian became the de facto arbiter of what Congress can pass with a simple majority.