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S 2465 RIS

To extend and strengthen procedures to maintain fiscal accountability and responsibility.

May 7, 2002

Mr. GREGG (for himself and Mr. FEINGOLD) introduced the following bill; which was read twice and referred jointly pursuant to the order of August 4, 1977, to the Committee on the Budget and Governmental Affairs, with instructions that if one Committee reports, the other Commmittee have thirty days to report or be discharged

To extend and strengthen procedures to maintain fiscal accountability and responsibility.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Budget Enforcement Act of 2002'.

SEC. 2. EXTENSION OF DISCRETIONARY SPENDING LIMITS.

(a) IN GENERAL- Section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 251) is amended by striking paragraphs (7) through (16) and inserting the following:

`(7) with respect to fiscal year 2003--

`(A) for the discretionary category: $766,169,000,000 in new budget authority and $758,880,000,000 in outlays;

`(B) for the highway category: $27,728,000,000 in outlays;

`(C) for the mass transit category: $6,256,000,000 in outlays; and

`(D) for the conservation spending category: $1,920,000,000 in new budget authority and $1,872,000,000 in outlays;

`(8)(A) with respect to fiscal year 2004 for the discretionary category: $784,425,000,000 in new budget authority and $814,447,000,000 in outlays; and

`(B) with respect to fiscal year 2004 for the conservation spending category: $2,080,000,000, in new budget authority and $2,032,000,000 in outlays;

`(9)(A) with respect to fiscal year 2005 for the discretionary category: $801,968,000,000 in new budget authority and $833,246,000,000 in outlays; and

`(B) with respect to fiscal year 2005 for the conservation spending category: $2,240,000,000, in new budget authority and $2,192,000,000 in outlays;

`(10)(A) with respect to fiscal year 2006 for the discretionary category: $819,740,000,000 in new budget authority and $845,056,000,000 in outlays; and

`(B) with respect to fiscal year 2006 for the conservation spending category: $2,400,000,000, in new budget authority and $2,352,000,000 in outlays;

`(11) with respect to each fiscal year 2002 through 2006 for the Federal and State Land and Water Conservation Fund subcategory of the conservation spending category: $540,000,000 in new budget authority and the outlays flowing therefrom;

`(12) with respect to each fiscal year 2002 through 2006 for the State and Other Conservation subcategory of the conservation spending category: $300,000,000 in new budget authority and the outlays flowing therefrom;

`(13) with respect to each fiscal year 2002 through 2006 for the Urban and Historic Preservation subcategory of the conservation spending category: $160,000,000 in new budget authority and the outlays flowing therefrom;

`(14) with respect to each fiscal year 2002 through 2006 for the Payments in Lieu of Taxes subcategory of the conservation spending category: $50,000,000 in new budget authority and the outlays flowing therefrom;

`(15) with respect to each fiscal year 2002 through 2006 for the Federal Deferred Maintenance subcategory of the conservation spending category: $150,000,000 in new budget authority and the outlays flowing therefrom;

`(16) for the Coastal Assistance subcategory of the conservation spending category:

`(A) with respect to fiscal year 2002: $440,000,000 in new budget authority and the outlays flowing therefrom;

`(B) with respect to fiscal year 2003: $480,000,000 in new budget authority and the outlays flowing therefrom;

`(C) with respect to fiscal year 2004: $520,000,000 in new budget authority and the outlays flowing therefrom;

`(D) with respect to fiscal year 2005: $560,000,000 in new budget authority and the outlays flowing therefrom; and

`(E) with respect to fiscal year 2006: $600,000,000 in new budget authority and the outlays flowing therefrom; and

`(17) with respect to fiscal year 2007 for the discretionary category: $840,993,000,000 in new budget authority and $858,266,000,000 in outlays.'.

(b) REPORTS- Subsections (c)(2) and (f)(2) of section 254 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 904) are amended by striking `2002' and inserting `2007'.

(c) LIMITATION OF EMERGENCY EXCEPTIONS- Section 205(g) of House Concurrent Resolution 290 (106 Congress) is repealed.

(d) EXPIRATION-

(1) GRAMM-RUDMAN-HOLLINGS- Section 275(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 note) is amended--

(A) by striking `2002' and inserting `2007'; and

(B) by striking `2006' and inserting `2011'.

(2) CONGRESSIONAL BUDGET ACT- Section 904(e) of the Congressional Budget Act of 1974 (2

U.S.C. 621 note) is amended by striking `2002' and inserting `2007'.

SEC. 3. EXTENSION OF PAY-AS-YOU-GO REQUIREMENT.

Section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 902) is amended --

(1) in subsections (a) and (b)(1), by striking `enacted before October 1, 2002,' and inserting `enacted before October 1, 2007'; and

(2) in subsection (b) by inserting at the end thereof the following:

`(3) EXCEPTION- Notwithstanding any other provision of law, there shall be no sequestration under this section for any fiscal year in which a surplus exists (as measured in conformance with section 13301 of the Budget Enforcement Act of 1990).'.

SEC. 4. POINT OF ORDER TO REQUIRE COMPLIANCE WITH THE DISCRETIONARY SPENDING LIMITS AND PAY-AS-YOU-GO.

Section 312(b) of the Congressional Budget Act of 1974 (2 U.S.C. 643(b)) is amended to read as follows:

`(b) DISCRETIONARY SPENDING LIMIT AND PAY-AS-YOU-GO POINT OF ORDER IN THE SENATE-

`(1) IN GENERAL- Except as otherwise provided in paragraph (6), it shall not be in order in the Senate to consider any bill or resolution or any separate provision of a bill or resolution (or amendment, motion, or conference report on that bill or resolution) that would--

`(A) exceed any of the discretionary spending limits set forth in section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 or any suballocation of such limits among subcommittees under section 302(b); or

`(B) for direct spending or revenue legislation, would cause or increase a deficit (as measured in conformance with section 13301 of the Budget Enforcement Act of 1990) for any one of the following three applicable time periods:

`(i) the first year covered by the most recently adopted concurrent resolution on the budget;

`(ii) the period of the first 5 fiscal years covered by the most recently adopted concurrent resolution on the budget; or

`(iii) the period of the 5 fiscal years following the first five fiscal years covered in the most recently adopted concurrent resolution on the budget.

`(2) BUDGET RESOLUTIONS- Except as otherwise provided in paragraph (6), it shall not be in order in the Senate to consider any concurrent resolution on the budget (or amendment, motion, or conference report on that concurrent resolution) that would exceed any of the discretionary spending limits set forth in section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985.

`(3) POINT OF ORDER AGAINST A SPECIFIC PROVISION- If the Presiding Officer sustains a point of order under paragraph (1) with respect to any separate provision of a bill or resolution, that provision shall be stricken from the measure and may not be offered as an amendment from the floor.

`(4) FORM OF THE POINT OF ORDER- A point of order under this section may be raised by a Senator as provided in section 313(e).

`(5) CONFERENCE REPORTS- If a point of order is sustained under this section against a conference report the report shall be disposed of as provided in section 313(d).

`(6) EXCEPTIONS- This subsection shall not apply if a declaration of war by the Congress is in effect or if a joint resolution pursuant to section 258 of the Balanced Budget and Emergency Deficit Control Act of 1985 has been enacted.'.

SEC. 5. ENFORCEMENT AGAINST BUDGET EVASION.

(a) IN GENERAL- Title III of the Congressional Budget Act of 1974 is amended by inserting at the end the following:

`BUDGET EVASION POINT OF ORDER

`SEC. 316. (a) DISCRETIONARY SPENDING LIMITS- It shall not be in order to consider any bill or resolution (or amendment, motion, or conference report on that bill or resolution) that waives or suspends the enforcement of section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985 or otherwise would alter the spending limits set forth in that section.

`(b) PAY-AS-YOU-GO- It shall not be in order to consider any bill or resolution (or amendment, motion, or conference report on that bill or resolution) that waives or suspends the enforcement of section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 or otherwise would alter the balances of the pay-as-you-go scorecard pursuant to that section.

`(c) DIRECTED SCORING- It shall not be in order in the Senate to consider any bill or resolution (or amendment, motion, or conference report on that bill or resolution) that directs the scorekeeping of any bill or resolution.

`(d) WAIVER AND APPEAL- This section may be waived or suspended in the Senate only by an affirmative vote of three-fifths of the Members, duly chosen and sworn. An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under this section.'.

(b) TABLE OF CONTENTS- The table of contents for the Congressional Budget Act of 1974 is amended by inserting after the item for section 315 the following:

`316. Budget evasion point of order.'.

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