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1 (October 22, 2002)

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                                                              Order Code  RS21316
                                                          Updated October 22, 2002



 CRS Report for Congress

              Received through the CRS Web



          Budget Enforcement Procedures:

       Senate Pay-As-You-Go (PAYGO) Rule

                              Bill Heniff Jr.
               Analyst in American  National Government
                   Government   and  Finance Division

Summary


     The Senate pay-as-you-go, or PAYGO, rule generally requires that any
 legislation increasing direct spending or reducing revenues be offset. A motion to waive
 the rule requires an affirmative vote of three-fifths of the membership (i.e., 60 Senators
 if no seats are vacant). The rule expired on September 30, 2002. On October 16,
 however, the Senate agreed to restore and extend the PAYGO point of order through
 April 15, 2003.

     Beginning in 1993, six points of order under the PAYGO rule have been raised
 against an entire bill or an amendment. Of these six points of order, four were sustained
 and two fell upon the adoption of a waiver motion.

     This report will be updated as developments warrant.

Introduction

    The Senate pay-as-you-go, or PAYGO, rule generally requires direct spending and
revenue legislation to be budget neutral over a 10-year period. Any increase in direct
spending or reduction in revenues resulting from such legislation must be offset by an
equivalent amount of direct spending cuts, tax increases, or a combination of the two.
Without an offset, such legislation would require the approval of at least 60 Senators to
waive the rule and be considered on the Senate floor.

    Direct spending is provided in substantive law, and funds such mandatory items as
Medicare, unemployment compensation, and retirement programs. It is distinguished
from discretionary spending, which is controlled through the annual appropriations
process.

    The Senate PAYGO  rule does not apply to direct spending or revenues generated
under existing law; it applies only to legislation considered by the Senate. Consequently,
direct spending may increase and revenues may decline in any fiscal year due to factors
beyond the control of the PAYGO rule.



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