[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2791 Referral Instructions Senate (RIS)]







107th CONGRESS
  2d Session
                                S. 2791

 To provide budget discipline and enforcement for fiscal year 2003 and 
                                beyond.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 25, 2002

 Mr. Domenici (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 Committees on the Budget and Governmental 
  Affairs, with instructions that if one committee reports, the other 
         committee have thirty days to report or be discharged

_______________________________________________________________________

                                 A BILL


 
 To provide budget discipline and enforcement for fiscal year 2003 and 
                                beyond.

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

SECTION 1. BUDGET DISCIPLINE AND ENFORCEMENT FOR FISCAL YEAR 2003.

    (a) Statutory Discretionary Spending Limits.--
            (1) In general.--Section 251(c) of the Balanced Budget and 
        Emergency Deficit Control Act of 1985 (2 U.S.C. 901(c)) is 
        amended by striking paragraph (7) and inserting the following:
            ``(7) with respect to fiscal year 2003--
                    ``(A) for the nondefense discretionary category: 
                $373,410,000,000 in new budget authority and 
                $372,224,000,000 in outlays;
                    ``(B) for the defense discretionary category: 
                $392,757,000,000 in new budget authority and 
                $380,228,000,000 in outlays;
                    ``(C) for the highway category: $28,922,000,000 in 
                outlays;
                    ``(D) for the mass transit category: $6,030,000,000 
                in outlays; and
                    ``(E) for the conservation spending category: 
                $1,922,000,000 in new budget authority and 
                $1,872,000,000 in outlays;''.
            (2) Special rule.--Section 250(c)(4)(D)(ii) of the Balanced 
        Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
        900(c)(4)(D)(i)) is amended by adding at the end the following: 
        ``Any budget authority for the mass transit category shall be 
        considered nondefense category budget authority or 
        discretionary category budget authority.''.
    (b) Repeal of Obsolete Provisions.--
            (1) Congressional budget act of 1974.--Section 314(b) of 
        the Congressional Budget Act of 1974 is amended--
                    (A) by striking paragraphs (2) through (5); and
                    (B) by redesignating paragraph (6) as paragraph 
                (2).
            (2) Balanced budget and emergency deficit control act of 
        1985.--Section 251(b)(2) of the Balanced Budget and Emergency 
        Deficit Control Act of 1985 is amended--
                    (A) by striking subparagraphs (C) through (F); and
                    (B) by redesignating subparagraph (G) as 
                subparagraph (C).
    (c) Conforming Amendments.--Section 254 of the Balanced Budget and 
Emergency Deficit Control Act of 1985 is amended--
            (1) in subsection (c)(2), by striking ``2002'' each time it 
        appears and inserting ``2003''; and
            (2) in subsection (f)(2)(A), by striking ``2002'' each time 
        it appears and inserting ``2003''.

SEC. 2. ENFORCEMENT EXTENSIONS.

    (a) Extension of Budget Enforcement Act Provisions.--
            (1) In general.--Section 275(b) of the Balanced Budget and 
        Emergency Deficit Control Act of 1985 (2 U.S.C. 900 note) is 
        amended to read as follows:
    ``(b) Expiration.--
            ``(1) In general.--Except as provided in paragraph (2), 
        sections 251 and 258B of this Act and sections 1105(f) and 
        1106(c) of title 31, United States Code, shall expire September 
        30, 2007. The remaining sections of part C of this title shall 
        expire on September 30, 2011.''.
            ``(2) Exception for on-budget surpluses.--If prior to 
        September 30, 2007, the Final Monthly Treasury Statement for 
        any of the fiscal years 2002 through 2006 reports an on-budget 
        surplus, section 252 shall expire at the end of the following 
        fiscal year and the President, in the next budget, shall submit 
        to Congress a recommendation for pay-as-you-go enforcement 
        procedures that the President believes are appropriate when 
        there is an on-budget surplus.''.
            (2) Conforming amendment.--Subsections (a) and (b)(1) of 
        section 252 of the Balanced Budget and Emergency Deficit 
        Control Act of 1985 is amended by striking ``2002'' each place 
        it appears and inserting ``2007''.
    (b) Extension of Supermajority Discipline in the Senate.--Section 
904(e) of the Congressional Budget Act of 1974 is amended by striking 
``2002'' and inserting ``2007''.

SEC. 3. SENATE ENFORCEMENT.

    (a) Allocations to the Committee on Appropriations of the Senate.--
Upon the enactment of this Act, the Chairman of the Committee on the 
Budget of the Senate shall file allocations to the committee on 
Appropriations of the Senate consistent with this Act pursuant to 
section 302(a) of the Congressional Budget Act of 1974.
    (b) Restrictions on Advance Appropriations in the Senate.--
            (1) In general.--Except as provided in paragraph (2), it 
        shall not be in order in the Senate to consider any reported 
        bill or joint resolution, or amendment thereto or conference 
        report thereon, that would provide an advance appropriation.
            (2) Exception.--An advance appropriation may be provided--
                    (A) for fiscal year 2004 for programs, projects, 
                activities, or accounts identified in the joint 
                explanatory statement of managers accompanying this Act 
                under the heading ``Accounts Identified for Advance 
                Appropriations'' in an aggregate amount not to exceed 
                $23,159,000,000 of new budget authority; and
                    (B) for the Corporation for Public Broadcasting.
            (3) Application of point of order in the senate.--
                    (A) Waiver and appeal.--In the Senate, paragraph 
                (1) 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 paragraph (1).
                    (B) Form of the point of order.--A point of order 
                under paragraph (1) may be raised by a Senator as 
                provided in section 313(e) of the Congressional Budget 
                Act of 1974.
                    (C) Conference reports.--If a point of order is 
                sustained under paragraph (1) against a conference 
                report in the Senate, the report shall be disposed of 
                as provided in section 313(d) of the Congressional 
                Budget Act of 1974.
            (4) Definition.--In this subsection, the term ``advance 
        appropriation'' means any discretionary new budget authority in 
        a bill or joint resolution making general appropriations or 
        continuing appropriations for fiscal year 2003 that first 
        becomes available for any fiscal year after 2003.
    (c) Prohibition on Diverting Crime Victims Fund.--
            (1) Purpose.--The purpose of this subsection is to ensure 
        that amounts deposited in the Crime Victims Fund are 
        distributed in a timely manner to assist victims of crime as 
        intended by current law and are not diverted to offset 
        increased spending when such offset devices produce no 
        permanent budgetary or economic effects.
            (2) Budgetary rule.--For purposes of points of order under 
        the Congressional Budget Act of 1974 with respect to fiscal 
        year 2003 and any subsequent fiscal year, any reduction in 
        spending in the Crime Victims' Fund (15-5041-0-2-754) enacted 
        in appropriations legislation shall not be scored as 
        discretionary savings.
    (d) Pay-As-You-Go Point of Order in the Senate.--
            (1) Purpose.--The Senate declares that it is essential to 
        continue the pay-as-you-go enforcement system.
            (2) Point of order.--
                    (A) In general.--It shall not be in order in the 
                Senate to consider any direct spending or revenue 
                legislation that would cause or increase the on-budget 
                deficit for any 1 of the 3 applicable time periods as 
                measured in subparagraphs (E) and (F).
                    (B) Applicable time periods.--For purposes of this 
                subsection the term ``applicable time period'' means 
                any 1 of the 3 following periods:
                            (i) The budget year.
                            (ii) The period of the budget year and the 
                        following 4 fiscal years.
                            (iii) The period of the 5 fiscal years 
                        following the 5 fiscal years described in 
                        clause (ii).
                    (C) Direct-spending legislation.--For purposes of 
                this subsection and except as provided in subparagraph 
                (D), the term ``direct-spending legislation'' means any 
                bill, joint resolution, amendment, motion, or 
                conference report that affects direct spending as that 
                term is defined by and interpreted for purposes of the 
                Balanced Budget and Emergency Deficit Control Act of 
                1985.
                    (D) Exclusion.--The terms ``direct-spending 
                legislation'' and ``revenue legislation'' do not 
                include--
                            (i) any concurrent resolution on the 
                        budget; or
                            (ii) any provision of legislation that 
                        affects the full funding of, and continuation 
                        of, the deposit insurance guarantee commitment 
                        in effect on the date of enactment of the 
                        Budget Enforcement Act of 1990.
                    (E) Baseline.--Estimates prepared pursuant to this 
                subsection shall--
                            (i) use the baseline used for the most 
                        recently adopted concurrent resolution on the 
                        budget; and
                            (ii) be calculated under the requirements 
                        of subsections (b) through (d) of section 257 
                        of the Balanced Budget and Emergency Deficit 
                        Control Act of 1985 for fiscal years beyond 
                        those covered by subparagraph (B).
                    (F) Prior surplus.--If direct spending or revenue 
                legislation causes or increases the on-budget deficit 
                when taken individually, then it must also cause or 
                increase the on-budget deficit when taken together with 
                all direct spending and revenue legislation enacted 
                since the beginning of the calendar year not accounted 
                for in the baseline under subparagraph (E)(i), except 
                that direct spending or revenue effects resulting in 
                net deficit reduction enacted pursuant to 
                reconciliation instructions since the beginning of that 
                same calendar year shall not be available.
            (3) Waiver.--This subsection may be waived or suspended in 
        the Senate only by the affirmative vote of three-fifths of the 
        Members, duly chosen and sworn.
            (4) Appeals.--Appeals in the Senate from the decisions of 
        the Chair relating to any provision of this subsection shall be 
        limited to 1 hour, to be equally divided between, and 
        controlled by, the appellant and the manager of the bill or 
        joint resolution, as the case may be. 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 
        subsection.
            (5) Determination of budget levels.--For purposes of this 
        subsection, the levels of new budget authority, outlays, and 
        revenues for a fiscal year shall be determined on the basis of 
        estimates made by the Committee on the Budget of the Senate.
    (e) Exercise of Rulemaking Powers.--The Senate adopts the 
provisions of this section--
            (1) as an exercise of the rulemaking power of the Senate 
        and as such they shall be considered as part of the rules of 
        the Senate, and such rules shall supersede other rules only to 
        the extent that they are inconsistent therewith; and
            (2) with full recognition of the constitutional right of 
        the Senate to change those rules at any time, in the same 
        manner, and to the same extent as in the case of any other rule 
        of the Senate.
    (f) Additional Enforcement.--Section 205(g) of H.Con.Res.290 (106th 
Congress) is repealed.

SEC. 4. REPEAL OF OBSOLETE PROVISIONS.

    (a) In General.--Section 253 of the Balanced Budget and Emergency 
Deficit Control Act of 1985 is repealed.
    (b) Conforming Amendments.--
            (1) Congressional budget and impoundment control act of 
        1974.--Section 312 of the Congressional Budget and Impoundment 
        Control Act of 1974 is amended--
                    (A) by repealing subsection (c); and
                    (B) by redesignating subsections (d) through (f) as 
                subsections (c) through (e).
            (2) Balanced budget and emergency deficit control act of 
        1985.--The Balanced Budget and Emergency Deficit Control Act of 
        1985 is amended--
                    (A) in section 251(a)(1), by striking ``and section 
                253''; and
                    (B) in section 252(b)--
                            (i) in paragraph (1), by striking ``or 
                        section 253''; and
                            (ii) in paragraph (2)(B), by striking ``or 
                        section 253''.
                                 <all>