The Budget and Accounting Act (1921)

     The Budget and Accounting Act of 1921 established the Bureau of the Budget (BB) within the Treasury Department (Shuman, 19). This legislation also created the General Accounting Office (GAO) which serves Congress as an internal auditing agency of the federal budget. The establishment of the Bureau of the Budget gave the President a great deal of influence over the budget in terms of the formulation of budget figures and priorities. In 1933, under Franklin Delano Roosevelt, executive power over the budget increased when the Bureau of the Budget was granted "power to make, wave, and modify apportionments of appropriations." (Shuman, 34)


The Executive Reorganization Plan-1 (1939)

     Under the Executive Reorganization Plan of 1939, the Bureau of the Budget was moved from the Treasury Department into the Executive Office of the President. Using the Bureau of the Budget, the Executive's power over the budget continued to increase and, under some administrations, this power was abused.
     The continued increase in the Executive's power over the budget is only one example of a twentieth century trend in which the power of the Executive Branch has increased markedly at the expense of powers given to Congress by the Constitution.


The Executive Reorganization Plan-2 (1970)

     Under President Richard Nixon, a second Executive Reorganization Plan was passed. Among other aspects of this reorganization, the name of the Bureau of the Budget was changed to the Office of Management and Budget. According to Executive Order 11541, issued by President Nixon, all functions formally assigned to the Bureau of the Budget were now delegated to the Director of the Office of Management and Budget.
     Under this new arrangement, all executive departments, agencies, and other bureaucratic units had to funnel their budget requests through the Office of Management and Budget and the President. The idea was to use the budget as a management tool. If bureaucratic units had to depend on the OMB and the President for the processing of their budget requests for the next year, these bureaucratic units would more likely follow the wishes of the President. This reorganization plan thus tended to centralize the budget making process within the Executive Branch and strengthen the hand of the President.
     In Congress, on the other hand, the budget was not treated as a single entity, but rather existed as the sum total of 13 separate appropriation bills drafted by the House and Senate Appropriations Committees, and various pieces of tax and other revenue raising legislation drafted by the House Ways and Means Committee and reworked by the Senate Finance Committee. Budget debate in Congress began each year on January 1 and was supposed to be completed by July 1, at that time the beginning of the federal fiscal (or budget) year. The budgetary process in Congress was generally both confusing and uncoordinated.


Federal Budget and Impoundment Control Act (1974)

     Due to the expansion of social spending programs under President Lyndon Johnson's Great Society program, the Vietnam War, and fiscal mishaps, annual budget deficits began to grow.
     In the early 1970s, with the imminent demise of President Nixon, reforms were passed by Congress in most areas of government. This reflected the continuing tug of war for power between the Executive and Legislative Branches--a struggle which also included the budget process. Under budget making procedures then in force, Nixon had been able to impound rural and urban subsidies, cancel programs, and secretly fund an invasion of Cambodia. (Shuman, 211)  
     With a strong reform minded Congress and a staggering economy, a window of opportunity existed for restructuring the budget making process within Congress. The Federal Budget and Impoundment Control Act of 1974 represented an attempt by Congress to centralize its budget making process, and to allow it to vie more effectively with the Executive Branch. The Act created a House and a Senate Budget Committee which were to draft annual budget resolutions setting maximums for spending in broad categories and minimums for revenues. In this way, it was hoped that the federal deficit could be more tightly controlled.
     The act also established a Congressional Budget Office (CBO) to assist the budget committees in preparing the budget resolutions. It was hoped that the CBO could help Congress counter the power of the Office of Management and Budget within the Executive Branch.
     Under the Budget and Impoundment Control Act of 1974, the new budget process was more structured and, it was hoped, better controlled by Congress. The process was structured around a fiscal year beginning October 1 of each year. It started with the Office of Management and Budget compiling figures for the President to formulate his budget message. By November 10, the President had to submit a base line budget for the next fiscal year. The President then drafted his budget message, including budget priorities and anticipated revenues and expenditures for the upcoming year. The President presented this message to Congress by mid-January.
     Next, the OMB figures were analyzed by the Congressional Budget Office and given to the House and Senate Budget Committees. These committees then send a budget resolution to the House and Senate for action by April 15. This budget resolution is internally binding. The House Ways and Means Committee and the Senate Finance Committee then present specific revenue raising legislation to the floor of their respective chambers, and the House and Senate Appropriations Committees present spending legislation by June 1. The House and Senate have until June 30 to pass the legislation. (Franklin, 38) Next--in line with the budget resolution and the previously passed appropriations and revenue bills--reconciliation legislation, bringing all figures into agreement, must be enacted by both chambers in order for the budget to take effect. The supposed deadline for all reconciliation legislation, and hence the final budget, is September 30. (Franklin, 36-39) Unfortunately, this deadline has not been met very often in recent years.
     In addition to Congressional motives to improve the economy and to reduce the deficit and the confusion of the old budget process, Congress also wanted to curtail the President's budgetary power. Since Nixon had grossly abused this power, under Title X of the Budget Act the Executive's impoundment power was greatly reduced. The president could defer or reserve funds. However, if Congress did not approve of the deferral, it has the power to overrule the President through an "impoundment resolution." (Shuman, 243-45) The President was also allowed to rescind funds, subject to approval by majority vote in both houses of Congress.


The Economic Recovery Tax Act (1981)

     In the wake on President Reagan's landslide election in 1980, his 1981 tax cuts were passed. The Economic Recovery Tax Act of 1981 dramatically cut taxes on wealthy Americans. This tax cut was based on supply side economics (or Reaganomics)--a theory that, if you cut taxes and at the same time reduce government spending, this will induce a vast improvement in the economy, and thus actually increase government revenues. Unfortunately, by 1982 the economy had not improved, and unemployment hovered around ten percent. (Shuman, 129-31)
     Although the 1981 tax cut did reduce taxes substantially for the wealthy, these tax cuts were not coupled with spending cuts. In fact, Reagan dramatically increased federal spending with his introduction of the Star Wars program, officially known as the Strategic Defense Initiative (SDI). This program was supposed to provide the United States with a protective shield which would nullify the nuclear arsenal of the Soviet Union. Even though the possibility of building such a deterrent was questioned by many scientists, the Initiative was carried forward anyway.
     The effect of this increase in military spending, combined with the 1981 tax cut, was to greatly increase the federal debt and therefore also to increase federal interest payments. As Howard Shuman puts it in Politics and the Budget : "If one had to choose a single watershed event that was the root of fiscal crisis and foretold the downfall of the 1974 act, it was the enactment of the President's Economic Recovery Tax Act of 1981. As passed, it gave away $750 billion in revenues over five years. This assured massive deficits and an uncontrolled budget policy for the foreseeable future."


Gramm-Rudman-Hollings: The Balanced Budget and Emergency Deficit Control Act (1985)

     The combination of Reaganomics, Star Wars spending, a rising deficit and debt, and a poor economy--spurred at one time or another by recession or inflation--created a major fiscal crisis. "The annual deficit grew from the $40 billion to $80 billion range . . . to the $127 billion to $220 billion level in the 1980s," and the national debt nearly doubled . (Shuman, 279)
     Congress's answer to this crisis was the passage of the Balanced Budget and Emergency Deficit Control Act of 1985 sponsored by Senators Gramm (R, TX), Rudman (R, NH) and Hollings (D, SC). This Act, also known as Gramm-Rudman-Hollings (or GRH), passed with bipartisan support. GRH established deficit reduction guidelines with a goal of reaching a balanced budget by 1991. (Shuman, 286)
     The enforcement mechanism of this legislation was sequestration. It altered the budget schedule slightly and provided for the Office of Management and Budget and Congressional Budget Office to examine the preliminary budget by August 15. If the budget did not attain the deficit reduction goals within a $10 billion leeway, a sequestration order could be given on September 1. Sequestration is when the Comptroller General, the Head of the GAO, recommends that the president issue an across the board, percentage based cut in all discretionary programs in the federal budget in order that the deficit reduction goal may be reached. (Shuman, 287)


Bowsher v. Synar (1986) (92 L. Ed. 2d 583)

     Immediately after the President signed the Gramm-Rudman-Hollings Act into law, Representative Michael Synar (D, OK) tested the constitutionality of the Act in the Supreme Court. The Court held that the Act was unconstitutional due to a violation of the separation of powers in the Bowsher v. Synar case (92 L. Ed. 2d 583). The Court said that the Comptroller General, Charles Bowsher (Head of the General Accounting Office--a Congressional office), was behaving in an executive manner. "By placing the responsibility for execution of the Balanced Budget and Emergency Deficit Control Act in the hands of an officer who is subject to removal only by itself, Congress in effect has retained control over the execution of the Act and has intruded into the executive function. The Constitution does not permit such intrusion." (Cushman, 109-11) Since the GAO is located within the legislative branch, only Congress has the power to remove the Comptroller General.


Amendments to GRH (1987)

     In light of Bowsher v. Synar , Congress changed the mechanism for triggering sequestration. A joint committee of Congress now reviewed the OMB and CBO figures. If necessary, the committee would produce a resolution containing the specifics of the sequestration for consideration on the floor of the House and Senate. Then, both chambers have to vote on the resolution with only limited debate and no amendments. The resolution is then sent to the President and the sequestration may be ordered. (Shuman, 291)
     Other amendments to GRH, The Emergency Deficit Control Reaffirmation Act of 1987 (also known as the Son of GRH or GRH, Jr.) included less Draconian measures than its parent legislation. According to this new Act, the deficit reduction targets now had to reflect current economic conditions, and be adjusted to take economic forecasts into account. (Franklin, 99) In addition, the deadline for a balanced budget was extended to 1993. Congress was fearful of another recession in light of the then recent stock market crash, and anticipated damaging results to the public if GRH forced deficit reduction to take priority over a strong social safety net during a potential recession or quasi-depression. Hoping for a quick recovery for the economy, the forecast provision was to be sunsetted, or eliminated, after three years.


The Budget Summit (1990)

     A massive budget crisis arose when, halfway through 1990, it was revealed that the OMB figures on which President Bush had based his budget were overly optimistic. The OMB did not factor in the recession or the impact of the savings and loan bailout. (Shuman, 315) The President was forced to call a bipartisan budget summit. The summit resulted in the Omnibus Budget Reconciliation Act of 1990 (OBRA) and the breaking of Bush's "no new taxes" election pledge of 1988. The Act's Title XIII, the Budget Enforcement Act of 1990 dramatically restructured budget procedure and priorities. The deficit reduction goals of GRH were drastically reduced with a goal of an $83 billion deficit by 1995 and the focus changed from deficit reduction to spending caps.
     The legislation also set up "fire walls" within the realm of discretionary spending. Three separate areas were established within discretionary spending: defense, domestic programs, and foreign aid. Under the concept of fire walls, a deficit in one of these budget areas could not be remedied by taking funds from another. Any savings which occurred in one area had to be used toward debt reduction.
     The 1990 Budget Act also established a pay-as-you-go or PAY-GO system. PAY-GO prevented the expansion of existing programs or the introduction of new ones unless Congress was willing to cut some other programs within its "fire walled" area. For example, if Congress wanted to increase funding for education, it would have to cut something else within the domestic budget.
     Under this Act, the Executive maintained all powers of sequestration, and could order it if the discretionary caps or deficit reduction goals were not met, or if PAY-GO violations occurred. However, since sequestration now occurs within the "fire walls," across the board budget cutting is limited by the legislation. (Shuman, 333-34)


Clinton's Budget Reconciliation Act (1993)

     The breaking of President Bush's "Read my lips, no new taxes" pledge contributed to the election of President Clinton in 1992. Because of troubles with the Republicans at the beginning of his administration, and because his budget plan included increasing taxes on the wealthy, the Omnibus Budget Reconciliation Act of 1993--which contained President Clinton's budget--passed by very narrow margins: by only two votes in the House, and by a tie breaking vote cast by Vice President Al Gore in the Senate.
     The deficit reduction measures in this Act include a goal of reducing the budget deficit over a five-year period by $496 billion. In this way, the annual deficit will be brought down to $212 billion by 1998. This five-year deficit reduction is to be achieved by $255 billion in budget cuts and $241 billion in revenue increases. However, most of the spending cuts will not kick in until 1996.
     The Clinton budget includes tightening spending, including reductions in the military budget; raising taxes on families with incomes over $115,000; and increasing interest payments on the national debt. Attempts at increased spending cuts are likely to be introduced in forthcoming sessions of Congress.


References

Berman, Larry. The Office of Management and Budget and the Presidency, 1921-1979. Princeton, NJ: Princeton University Press, 1979.

Cushman, Robert F. Cases in Constitutional Law. Englewood Cliffs, NJ: Prentice Hall, 1989.

Franklin, Daniel P. Making Ends Meet: Congressional Budget Making in the Age of Deficits . Washington, DC: Congressional Quarterly Press, 1993.

Shuman, Howard E. Politics and the Budget: The Struggle Between the President and the Congress . Englewood Cliffs, NJ: Prentice Hall, 1992.