Byrd Rule
Further information: Sunset provision: The Budget Act and the Byrd Rule
Reconciliation generally involves legislation that changes the budget deficit (or conceivably, the surplus). The "Byrd Rule" (2 U.S.C. § 644, named after Democratic Senator Robert Byrd) was adopted in 1985 and amended in 1990 to outline which provisions reconciliation can and cannot be used for. The Byrd Rule defines a provision to be "extraneous" (and therefore ineligible for reconciliation) in six cases:
if it does not produce a change in outlays or revenues;
if it produces an outlay increase or revenue decrease when the instructed committee is not in compliance with its instructions;
if it is outside the jurisdiction of the committee that submitted the title or provision for inclusion in the reconciliation measure;
if it produces a change in outlays or revenues which is merely incidental to the non-budgetary components of the provision;
if it would increase the deficit for a fiscal year beyond those covered by the reconciliation measure; and
if it recommends changes in Social Security.
Any senator may raise a procedural objection to a provision believed to be extraneous, which will then be ruled on by the Presiding Officer, customarily on the advice of the Senate Parliamentarian.
A vote of 60 senators is required to overturn the ruling
.