Unit 2 Gov lecture

Subsystems

People who make policy on a given issue: -Agency -Committees -Scientists -Lobbyists -Interest groups

LRA of 1970

Sunshine laws that made government more transparent

Motion to Waive

Used to skip a rule

Earmarks

(Pork Barrel or Congressional Direct Projects) -Set of money set aside for a specific project. -Usually benefits the member's state or town. -*Committee Report:* Detailed spending of the Authorized budget. -Adding more earmarks to bills to add support from other members. -Currently there are fewer earmarks than before *Pro-reduction in earmarks* -Increases spending overall -Limit size of government -Reduce legislative corruption *Oppose reduction in earmarks* -Some people think bringing them back would increase cooperation on appropriations bills -Weakens ability to pass bills because less personal stake in bills passed -Estrange members from their districts -Constitution means elected officials should be able to represent constituents

Floor Action

*1. Legislation is placed on the Calendar* *House:* Bills are placed on one of four House Calendars. The Speaker of the House and the Majority Leader decide what will reach the floor and when. (Legislation can also be brought to the floor by a discharge petition.) *Senate:* Legislation is placed on the Legislative Calendar. There is also an Executive calendar to deal with treaties and nominations. Scheduling of legislation is the job of the Majority Leader. Bills can be brought to the floor whenever a majority of the Senate chooses. *2. Debate* *House:* Debate is limited by the rules formulated in the Rules Committee. The Committee of the Whole debates and amends the bill but cannot technically pass it. Debate is guided by the Sponsoring Committee and time is divided equally between proponents and opponents. The Committee decides how much time to allot to each person. Amendments must be germane to the subject of a bill - no riders are allowed. The bill is reported back to the House (to itself) and is voted on. A quorum call is a vote to make sure that there are enough members present (218) to have a final vote. If there is not a quorum, the House will adjourn or will send the Sergeant at Arms out to round up missing members. *Senate:* debate is unlimited unless cloture is invoked. Members can speak as long as they want and amendments need not be germane - riders are often offered. Entire bills can therefore be offered as amendments to other bills. Unless cloture is invoked, Senators can use a filibuster to defeat a measure by "talking it to death." *3. Vote* The bill is voted on. If passed, it is then sent to the other chamber unless that chamber already has a similar measure under consideration. If either chamber does not pass the bill then it dies. If the House and Senate pass the same bill then it is sent to the President. If the House and Senate pass different bills they are sent to Conference Committee. Most major legislation goes to a Conference Committee.

Post WWI Budget to 1970s

*1915:* -First executive budget created after WWI? (unclear in notes if 1915 or 1919) -Need to modernize naval fleet which needs money -Veterans need pension funds (increased pensions) -Taxes go up but a lot of taxpayers have a lot of exemptions -Federal spending increases dramatically into billions *1919:* -First executive budget is created? -Federal audits -Tax code becomes more complex -Decrease corporate taxes *1921* -Executive budget created to include president in budget decisions. -Great depression and New Deal come into play After the war, government tries really hard to reduce debt. *1946* Legislative Reorganization Act

Hamilton vs. Jefferon's Views on Debt

*Hamilton:* Didn't mind government debt that much If we're borrowing money from other governments, that must mean our credit is pretty good and other countries are cool with us borrowing *Jefferson:* saw it as a threat to limited government (debt causes social inequality)

Types of Resolutions

*Simple:* -Adopted by committees and never seen by Senate or House -HRes### or SRes### *Concurrent: * -Adopted by both committees and House/Senate -HConRes### or SConRes### *Joint:* -Adopted by both committees and House/Senate and signed by the president. -Becomes law -HJRes### or SJRes###

Views on Budget Failure

*Stockman*: Budget is a way to redistribute wealth. -Problem is automatic spending (which is compounded by larger economic trends that increase number of people who need to benefit from entitelements) -Solution is political consensus -About the actual results of budgeting *Penner*: A budget is information, show constituents what government supports (used to clarify policy issues) -Problem is bad information which creates bad decisions -Solution is get better information (balance of macro and micro budgeting? What type of goals do we approach with? -about the inputs of policy *Lott*: A budget is designed to control spending -problem is deficits -Solution is controlling deficits -all about outputs *Panetta*: deficits aren't a sign of failure, budgets just supposed to reflect targets/schedules/express priorities which doesn't have to be neutral. -The process is the purpose.

Types of Legislation

-*Bills*: A legislative proposal that if passed by both the House and the Senate and approved by the President becomes law. Each bill is assigned a bill number. HR denotes bills that originate in the House and S denotes bills that originate in the Senate. -*Private Bill*: A bill that is introduced on behalf of a specific individual that if it is enacted into law only affects the specific person or organization the bill concerns. Often, private bills address immigration or naturalization issues. -*Public Bill*: A bill that affects the general public if enacted into law. -*Simple Resolution*: A type of legislation designated by H Res or S Res that is used primarily to express the sense of the chamber where it is introduced or passed. It only has the force of the chamber passing the resolution. A simple resolution is not signed by the President and cannot become Public Law. -*Concurrent Resolutions*: type of legislation designated by H Con Res or S Con Res that is often used to express the sense of both chambers, to set annual budget or to fix adjournment dates. Concurrent resolutions are not signed by the President and therefore do not hold the weight of law. *THE BUDGET RESOLUTION IS CONCURRENT* so the President doesn't have to do anything directly with it. The Resolution is, in effect, just an expression of Congressional priorities for the next year. -*Joint Resolution*: A type of legislation designated by H J Res or S J Res that is treated the same as a bill unless it proposes an amendment to the Constitution. In this case, 2/3 majority of those present and voting in both the House and the Senate and 3/4 ratification of the states are required for the Constitutional amendment to be adopted.

Branch Method

-Doesn't consider all possible options, based more on options proposed/supported by various groups -Branches from status-quo -More reflective of actual decision making abilities of people -(successive limited comparison) begins with the current situation and changes incrementally.

Root Method

-Fund/rank every aspect of an issue -Systematic/comprehensive analysis of options -Go through every alternative and aim at maximize the values of decision makers -effectiveness linked to the quality and amount of information available -starts from basic issues on every occasion and builds from the ground up

Punctuated Equilibrium

-Incrementalism doesn't take in the factors. -A lot of small changes and large changes. -Punctuated-equilibrium theory seeks to explain a simple observation: Political processes are generally characterized by stability and incrementalism, but occasionally they produce large-scale departures from the past. Stasis, rather than crisis, typically characterizes most policy areas, but crises do occur -Punctuations aren't always good things: they can lead to overreactions. One other insight from the theory is that rigid positions in politics almost always lead to big shifts in policy — punctuations — suddenly occurring. Generally less volatile since WWII though except during divided government -When President and government are of different parties changes tend to be more radical -Incrementalism implies consensus *Conditions to create "Punctuations"* -Change how people view a particular policy (through scientists and interest groups) ex. Tobacco policy: change in scientific thought on smoking -Change the policy venue: who is in charge of the issue Ex. FDA regulates tobacco now as opposed to department of agriculture

1970s onward

-More moderate republicans and conservative democrats -Younger more liberal members are tired of more conservative older democrats killing bills *LRA of 1970* *Subcommittee Bill of Rights* 1973 Democratic Caucus rule change that deprived committee chairs of their power, allowed sub-committees more power over budgets, area of subcommittee jurisdiction. 1972-1975: Congress did not pass a single appropriations bill -OMB isn't telling Congress everything -Nixon impounds money ($2B): tells agencies not to spend money Congress authorizes -Nixon signs law that says he can't impound money *Budget Impoundment and Control Act of 1974* -Creates CBO -Creates separate budget committees -Start fiscal year on October 1st -Called for 2 budget resolutions -Size of deficits decreasing but debt is increasing overall -Whoever's not in white house wants to cut spending while who is in House wants to bump up debt ceiling *Gramm-Rudman-Hollings 1985*: Require sequestration across the board to manage deficit with the exception of social security *Budget Enforcement Act of 1990*: part of Obra 90 -PAYGO -distinguish between discretionary and direct spending *2002*Paygo expires, around when Republicans enact large tax cuts Paygo reestablished in *2010* with *Statutory Pay As You Go Act*

Gramm-Rudman-Hollings 1985

-Require sequestration across the board to manage deficit with the exception of social security -Get 302b allocations and Byrd rule -Problem: relying on projected deficits not actual deficits -But we can easily get around projections

PAYGO

-enacted by *Budget Enforcement Act of 1990*; requires that all increases in direct spending or revenue decreases (tax cuts) be offset by other spending decreases or revenue increases -Match revenues and outlays

Steps in Committee

1. Comments about the bill's merit are requested by government agencies. 2. Bill can be assigned to subcommittee by Chairman. 3. Hearings may be held. 4. Subcommittees report their findings to the full committee. 5. Finally there is a vote by the full committee - the bill is "ordered to be reported." 6. A committee will hold a "mark-up" session during which it will make revisions and additions. If substantial amendments are made, the committee can order the introduction of a "clean bill" which will include the proposed amendments. This new bill will have a new number and will be sent to the floor while the old bill is discarded. The chamber must approve, change or reject all committee amendments before conducting a final passage vote. 7. In the House, most bills go to the Rules committee before reaching the floor. The committee adopts rules that will govern the procedures under which the bill will be considered by the House. A "closed rule" sets strict time limits on debate and forbids the introduction of amendments. These rules can have a major impact on whether the bill passes. The rules committee can be bypassed in three ways: -Members can move rules to be suspended (requires 2/3 vote) -A discharge petition can be filed -The House can use a Calendar Wednesday procedure.

Conference Committee

1. Members from each house form a conference committee and meet to work out the differences. The committee is usually made up of senior members who are appointed by the presiding officers of the committee that originally dealt with the bill. The representatives from each house work to maintain their version of the bill. 2. If the Conference Committee reaches a compromise, it prepares a written conference report, which is submitted to each chamber. 3. The conference report must be approved by both the House and the Senate.

Subcommittee Bill of Rights

1973 Democratic Caucus rule change that deprived committee chairs of their power, allowed sub-committees more power over budgets, area of subcommittee jurisdiction.

Reconciliation Bill

A bill that changes law of reconciliation instructions on a budget resolution. If the legislation does not match the budget, reconciliation instructions direct other committees to bring in line with budget priorities. Used as a way to reduce the deficit. Way for the majority in congress to make policy quickly. -These don't always happen -Just because there's reconciliation instructions in budget doesn't mean that those have to be followed -If budget committee tells multiple committees that they all have to do things to change current law, all those committees must act, then goes back to budget committee, then goes out again to the floor *In House* -Very restricted rules, few if any amendments can be offered (debate from 1-3 hours), in house, bans non-germane amendments *In Senate* -limit debate for 20 hours, equally controlled by majority and minority party -*Privledged*: no matter what Senate is doing, they have to start debating budget reconciliations if someone wants to -Get a *voterama* in the senate (pile up amendments and spend hours doing nothing but voting on amendments) -More *points of order* -*Byrd rule* prohibits extraneous provisions and things that would increase the deficit for longer than 10 years (though we can always move to waive*

Motion to Recommit

A motion that requests a bill be sent back to committee for further consideration. Normally, the motion is accompanied by instructions concerning what the committee should change in the legislation or general instructions such as that the committee should hold further hearings.

Discharge Petition

A petition that if signed by a majority of the House, 218 members, requires a bill to come out of a committee and be moved to the floor of the House.

Veto

A power that allows the President, a Governor or a Mayor to refuse approval of a piece of legislation. Federally, a President returns a vetoed bill to the Congress, generally with a message. Congress can accept the veto or attempt to override the veto by a 2/3 majority of those present and voting in both the House and the Senate.

Authorization Bills

Authorizes the activities of various agencies in the Federal Government but DOES NOT APPROPRIATE ANY MONEY -Are temporary in order to allow for trial runs -allows candidates to pressure for some programs to show interest -helps Congress manage its agenda *Discretionary*: -Requires Appropriation bills -Changes law -Tells agencies they can spend money -Has a limited time in action *Direct Spending*: -No Appropriation bills required -Contract/borrowing Authority Entitlements

House of Appropriations

Created in 1865 after Civil War -Used to manage budget. -Known as Guardians of the Treasury

2010 Statutory Pay As You Go Act

Exempted a lot of stuff, mostly discretionary spending, some direct, not Social Security (at same time House instituted CUTGO)

How a Bill becomes a Law

First, someone has an idea, tells a member of congress -Written by staffers, interest groups *1. Introduction of bill:* -Bill is put in the *hopper* in the House by a representative -In the senate, members must gain recognition of the presiding officer to announce the introduction of a bill during the morning hour. If any senator objects, the introduction of the bill is postponed until the next day. *2. Bill gets referred to appropriate committee(s)* (Congress doesn't actually read the full bill; that's why we have a committee system) - The bill is referred to the appropriate committee -Most bills don't make it out of committee -Congressional hearings in committee (Public unless it's intelligence committee) and could be sent for a Markup session (private). -Do nothing and the bill "dies". *3. Bill is sent to the Floor* *House:* First goes to the Rules committee which decides if it should be debated, who is in charge, and who can amend. -*Open:* anyone can offer amendment -*Closed:* no amendments -*Restricted/Structured:* some people can offer amendments -Minority party is guaranteed *Motion to Recommit*; usually seen as a way to kill the bill, send the bill back to committee with instructions for certain changes *Senate:* no previous question motion -*Filibusters* happen in the senate due to the lack of open/closed amends. Has voice vote. *4. After one chamber votes, it's moved to the other chamber* -Bill can die when other chamber doesn't like *5. If both chambers pass the bill, it gets sent to Conference Committee to resolve differences.* *6. President approves or vetoes bill.*

Social Policy vs. Defense

If people think we're spending too much on defense they think we're not spending enough on social policy and vice versa -Defense spending mirrors public preferences pretty well -More defense spending with republican presidents -Social spending also mirrors public preferences pretty well -More reflective of which social issue people are concerned about at a given time (Other issues like crime, space, and foreign aid aren't as reflective)

Appropriations Bills

Legislation that allows the government to spend money; discretionary spending needs appropriations bills. When money is proposed for an organization, these bills make it official 3 types: -*Regular:* bulk of the spending. Regular appropriations bills are the twelve standard bills that cover the funding for the federal government for one fiscal year and that are supposed to be enacted into law by October 1. If Congress has not enacted the regular appropriations bills by the time, it may pass a continuing resolution, which generally continues the pre-existing appropriations at the same levels as the previous fiscal year (or with minor modifications) for a set amount of time. -*Supplemental:* disaster relief, unexpected spending, add additional funding above and beyond what was originally appropriated at the beginning of the fiscal year. Also used to fund the War in Afghanistan and the Iraq War. -*Continuing and permanent:* When a new fiscal year starts on October 1 and Congress has not passed some or all of the regular appropriations bills, Congress extends their funding and budget authority from the previous year, with possible minor modifications, using a continuing resolution. If all twelve regular appropriations bills have been passed, a continuing resolution will not be necessary.

Byrd Rule

Named after Robert Byrd; adopted in 1985, it amended the *Congressional Budget Act of 1974* and allowed senators to raise objection to an "extraneous" provision.

Rule Change

Raise objection to different provision or future legislation, i.e. this kind of objection can be raised against the budget

1946 Legislative Reorganization Act (LRA)

Reduce the number of committees; Senate by 1/2 and House by 1/3 Created a subset of permanent committees.

The President and a bill becoming a law

The bill is sent to the President for review. A bill becomes law if signed by the President or if not signed within 10 days and Congress is in session. If Congress adjourns before the 10 days and the President has not signed the bill then it does not become law ("Pocket Veto.") If the President vetoes the bill it is sent back to Congress with a note listing his/her reasons. The chamber that originated the legislation can attempt to override the veto by a vote of two-thirds of those present. If the veto of the bill is overridden in both chambers then it becomes law.

Budget Resolution

The final Budgetary Product (President > Congress > President); blueprint for the appropriations process

Budget aggregates and functional allocations:

Total money we want to spend and how it is going to be allocated in different government programs -Budget aggregate: tax revenues,

Point of Order

When debate rules are broken, a point of order may be raised; a point of order related to the budget act may be waived by 3/5th's of the senate. -Order things are supposed to happen, things you're allowed to do and not allowed to do -Raise an order that says "hey, we're violating the rules of procedure we agreed to" and colleagues need to agree or disagree with you -House rules prohibit putting substantive provisions in an appropriations bill -Can't legislate in an appropriations bill -In Senate you're not allowed to add non-germane amendments, unless votes that you can

Budget Control Act of 2011

caused by United States debt-ceiling crisis of 2011; spending was reduced more than the increase in the debt limit

CUTGO

changes the PAYGO emphasis; requires that increases in mandatory spending be offset only by equal or greater decreases in mandatory spending

Nonbinding "senses of congress"

express policy preference without having to pass a bill. e.g. no money should be spent for overseas, tax cannot be lowered, etc

Gramm-Rudman and Hollings (1985-87)

first binding spending constraints on the federal budget; aimed to cut US budget deficit and called for "sequestration" (cancellation of budgetary resources) if the total discretionary appropriations exceeded the budget spending thresholds

Budget Enforcement Act of 1990

part of Obra 90 -PAYGO: all government spending should be deficit neutral -distinguish between discretionary and direct spending

Budget and Accounting Act of 1921

required the President to submit to Congress annually a proposed budget for the federal government created the Bureau of Budget (later OMB)

Congressional Budget and Impoundment Act of 1974

strengthened and centralized Congress' budget authority and reduced the President's impoundment authority; was a response to Nixon's abuse of the impoundment rule

Office of the Inspector General

the oversight division of a federal agency; aimed at preventing inefficient or illegal operations in their parent agency and charged with identifying, auditing, and investigating fraud, waste, abuse, embezzlement and mismanagement of any kind

Continuing Resolutions

type of Appropriations legislation passed when the President and Congress cannot come to a Budget Resolution to PREVENT the Federal Government for shutting down.

Baseline Budget

uses current spending to predict future spending; established in 1974