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Political Science 345: The Legislative Process Class 17: Budgetary Politics II

Political Science 345: The Legislative Process Class 17: Budgetary Politics II. Professor Jon Rogowski. Reconciliation. Optional part of the budget process Instructions from Budget Committees to one or more committees are contained in the budget resolution

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Political Science 345: The Legislative Process Class 17: Budgetary Politics II

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  1. Political Science 345:The Legislative ProcessClass 17: Budgetary Politics II Professor Jon Rogowski

  2. Reconciliation • Optional part of the budget process • Instructions from Budget Committees to one or more committees are contained in the budget resolution • Instituted as part of the 1974 Budget Act • Committees recommend changes to entitlement spending and revenues to meet targets set in budget resolution • Budget Committee merges recommendations and sends to the floor • Passes under simple majority • In the House: considered under special rule • In Senate: • 20 hour time-limit for measure • 10 hour time-limit for Conference Report • Germaneness rule applies to both • No filibusters

  3. The Byrd Rule • Applies to Senate consideration • Named for Senator Robert Byrd (D, WV) • First used in 1985-86 • Made law in 1990 (Budget Enforcement Act) • Reconciliation bills must be consistent with instructions • No material outside of the committee(s) jurisdictions • No extraneous material • No provisions that increase deficit • Applies to both bill & amendments • Presiding Officer rules on objection • Advised by Parliamentarian (Alan Frumin) • Waiver requires 60 votes (3/5ths of members sworn)

  4. Impoundments, Deferrals, Recissions • What they are • Presidential notification to Congress of recissions and deferrals required • Acceptance requires both chambers to pass resolution within 45 days • Questionable constitutionality in light of INS v. Chadha(1983) • Declared legislative vetoes unconstitutional

  5. Beyond the Budget Resolution:Budgets and Appropriations in Normal Times

  6. The Ins-and-Outs of Budget Politics • Discretionary vs. Direct Spending • The Power of the Authorizing Committees • Budget Authority vs. Budget Outlays • Multi-year Outlays vs. Multi-year Authority

  7. Authorizations and Appropriations • Formal 2-step procedure by which money is allocated • Authorization Bill: describes programs and recommends funding levels • Appropriations Bill: allocates funding to the programs • Authorizations are intended to precede appropriations • Standing, multi-year, and single-year authorizations • Most appropriations for single year only

  8. Authorization-Appropriation Process • House Rule 21 prohibits intermingling of legislation and appropriations • Frequently waived by special rule • Also cannot appropriate for unauthorized programs • Senate Rule XVI requires that amendments to general appropriations bills be germane • But appropriations can be added to non-appropriations bills as amendments • Filibuster is a threat for all bills

  9. Why a “two step” budget process? • Early Legislatures tried to separate policy and spending. • Intermingled bills are often delayed longer • Policy should be debated with “cool minds,” etc. • Intermingling of the two is inevitable.

  10. Failure of the Two-Step • Bargaining: bundling policy and money • Logrolling/coalition building • Appropriations bills are “must-pass" • Authorization bills often die in Senate • Appropriations bills are better protected in the Senate • Authorizing committees require special rules in House

  11. Details of the Process • 12 Regular (“General") Appropriations Bills • - 1 for each Appropriations subcommittee • Several “emergency” supplemental appropriations bills per year • “Continuing resolutions" when needed • - 1995 showdown with Clinton • These deal with the approximately 30% of spending that is ”directly controllable."

  12. Other Dimensions of Budget Politics • Off-Budget status (e.g., Highway Trust Fund) • Borrowing & Contract authority (Obligations clause of U.S. Constitution) • Entitlements • automatic eligibility for federal benefits • “Tax expenditures" (tax breaks/incentives) • Limitation Riders • Allow Congress to forbid agencies from spending money for specific purposes

  13. Limitation Riders • Prohibitions on spending • ”None of the funds provided in this Act shall be used for…“ • Making Policy with Money • A tool for Congressional oversight of agencies • Limits on limitations under House Rules: • Cannot impose additional duties on agency officials • Cannot interfere with discretionary authority • Cannot require officials to make new determinations

  14. Examples of Limitation Riders

  15. Direct Spending • Not funded through the authorization-appropriation process, but through authorizing committee directly (bypassing appropriations); 3 types: • Contract authority: Agencies have power to enter into contracts that subsequently must be covered • Borrowing authority: Agencies can borrow money from the public or the Treasury • Mandatory Entitlements: Establish legally enforceable rights without reference to dollar amounts (over 1/2 all federal spending)

  16. Earmarks • What are they? • Congressionally directed spending • No-bid contracts • Choice of location or type of good • Limited tax benefits • Where are they? • Bills • Conference Reports • Committee and subcommittee reports

  17. Deficit Reduction Attempts, Briefly • Gramm-Rudman-Hollings (1985): triggered automatic sequesters if the deficits exceeded fixed targets; but mostly a series of accounting gimmicks • Budget Enforcement Act (1990): set of caps on annual appropriations and PAYGO • Undermined by “emergency spending“ • Disasters? Yes. • Wars? Maybe. • 2000 Census? Probably not. • Pay-As-You-Go (PAYGO) provisions • Budgetary proposals must be deficit neutral • FY1991-FY2002

  18. Deficit: Annual difference between revenues and spending Obama

  19. Continuing Resolutions and Budgetary Standoffs • If Congress and the president cannot agree on a budget, there are no funds for the government to operate • Clinton-Gingrich 1995-1996 http://abcnews.go.com/Politics/video/government-shutdown-what-happened-in-1995-13317250

  20. Continuing Resolutions • Provide a way to avoid government shutdowns by funding agencies at their current levels until the resolution expires or new funding is passed • Increasingly common • FY 2011 budget • 1st: Oct 1 through Dec 3, 2010 • 2nd: December 3-18, 2010 • 3rd: December 18-21 • 4th: December 21, 2010-March 4, 2011 • 5th: March 4-18 • 6th: March 18-April 8 • 7th: April 8-15 • April 15: “Dept of Defense and Full-Year Continuing Appropriations Act”

  21. Political Economic Cycles?

  22. Budgetary Politics and Electoral Incentives • Budgets allow MCs and the president to reward/punish supporters/enemies • MCs and the president rewarded/punished for the country’s economic conditions • How does this affect their incentives in budgeting? • Incentives for pandering?

  23. Write your own budget! http://www.nytimes.com/interactive/2010/11/13/weekinreview/deficits-graphic.html?hp

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