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1 1 (May 23, 2002)

handle is hein.crs/crsahts0001 and id is 1 raw text is: Order Code RS21084
Updated May 23, 2002

Budget Enforcement for FY2002:
An Overview of Procedural Developments
Robert Keith
Specialist in American National Government
Government and Finance

Summary

Budget Enforcement Procedures

Congressional Research Service **o The Library of Congress

CRS Report for Congress
Received through the CRS Web

Congressional action on budgetary legislation for FY2002 is subject to constraints
imposed by the 1974 Congressional Budget Act and the 1985 Balanced Budget Act, as
amended. The 1974 act requires that spending and revenue legislation adhere to policies
set forth in the annual budget resolution, while the 1985 act imposes limits on
discretionary spending and a pay-as-you-go (PAYGO) requirement on direct spending
and revenue legislation. Budget resolution policies are enforced by points of order and
reconciliation; the discretionary spending limits and PAYGO requirement are enforced
by sequestration, which involves automatic, largely across-the-board spending cuts.
The FY2002 budget resolution called for over $100 billion more discretionary
spending than the then-existing limits would have allowed, as well as large tax cuts and
significant increases in direct spending that would have caused a PAYGO violation in
excess of $100 billion. Budget resolution policies assumed that legislation increasing
the discretionary spending limits and preventing a PAYGO sequester for FY2002 would
be enacted later in the 2001 session. In late December 2001, the Defense Appropriations
Act for FY2002 was enacted (P.L. 107-117), which raised the discretionary spending
limits and set balances on the PAYGO scorecard for FY2001-2002 to zero, thereby
preventing sequesters. According to the Final Sequestration Report for FY2002, issued
by the OMB director on January 31, 2002, the revisions required by P.L. 107-117,
together with other required adjustments, yielded a new budget authority limit of $706.3
billion and an outlay limit of $731.3 billion for all FY2002 discretionary spending.
The House and Senate are considering supplemental appropriations for FY2002
during the 2002 session, but techniques such as emergency designations and offsets are
expect to be used to prevent a sequester from occurring. Further, the FY2002 effects of
any revenue or direct spending legislation enacted through September 30 will be
included in the calculations for any PAYGO sequester for FY2003, but a PAYGO
sequester likely will be avoided through directed scorekeeping, as has been done in past
years. This report will be updated as developments warrant.

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