A bill to extend and strengthen procedures to maintain fiscal accountability and responsibility.

Summary: Budget Enforcement Act of 2002 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to extend through FY 2007 the discretionary spending limits (spending caps) for specified nondefense categories in new budget authority and outlays.Extends the provisions of such Act for an additional five years, including the pay-as-you-go requirement. Prohibits sequestration in any surplus year.Amends the Congressional Budget Act of 1974 concerning budget evasion points of order against legislation which evades specified budget enforcement mechanisms such as the discretionary spending limits, pay-as-you-go, and directed scoring.

290 (106 Congress) is repealed.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.''.