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94 IRET Byline 1 (1991)

handle is hein.taxfoundation/iretbyln0094 and id is 1 raw text is: February 4, 1991 No. 94
THE PRISONER OF OBRA
Operating on the conviction that every cloud must have
a silver lining, we have looked for a redeeming virtue in
1990's Omnibus Budget Reconciliation Act -- OBRA90. The
going was hard. We did, however, find some salutary
elements in the Act that warrant mention.
For one thing, OBRA90 shifts the emphasis in federal
budget policy from deficit reduction to curbing spending
growth. Deficit targets for the current and succeeding four
fiscal years remain in the law, but are much less of a driving
force in  budget decision making. Standing alone, this
downgrading of Gramm-Rudman-Hollings deficit targets
might be alarming; with the caps the Act imposes on the
principal, broad spending categories in fiscal years 1991-1993
and on total spending in 1994-1995, however, policy makers
appear to have recognized that it is government spending, not
the budget deficit, that is the fiscal mischief maker.
Another encouraging feature of OBRA90 is that the
imposition of caps on government spending downplays
spending baselines as a factor in decisions about spending
for any program. Baseline budgeting keys spending decisions
to the previous year's spending and the inflation rate. If last
year's spending on a program, when assessed against mean-
ingful criteria, was excessive, baseline budgeting almost
certainly will result in even greater excess in this year's
spending. Baseline projections of program outlays are useful
as indications of how large government programs will become
if not changed by legislation. They are not themselves,
however, appropriate guides for policy decisions about how
much to spend on a program in any particular period.
OBRA90's spending caps may indeed have been determined
primarily by reference to some baseline or other, but at least
for the present these caps appear to have made baselines far
less relevant to spending decisions.
If -- and it's a big if -- the spending caps remain intact,
they will prevent legislated spending excesses that aren't

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curtailed by sequester in the year they occur from boosting
spending in the succeeding fiscal year or years. Any such ex-
cess, presumably, will reduce spending caps in the following
fiscal year. Gaming the system by delaying budget decision
making to the last possible moment will no longer be an
effective device for evading the spending ceilings specified in
Congressional budget resolutions.
Spending curbs, moreover, are no longer to be merely a
matter of language in budget resolutions. The spending caps
specified in OBRA90 presumably apply to new budget autho-
rity and appropriations, as well. It will no longer be possible
for Congress to pretend fiscal prudence merely by resolving
not to spend; it must also suit its appropriations to its resolve.
Finally, OBRA90 appears to recognize that the major
element of budgetary excess is the seemingly uncheckable
expansion  of so-called  entitlement spending.  Under
OBRA90's pay-as-you-go, or PAYGO, provisions, new entit-
lement legislation that is estimated to increase the budget
deficit requires the President to issue a sequester order for
across-the-board cuts in nonexempt entitlement outlays.
Sequester, requiring the same across-the-board cuts, would
also be ordered should any tax legislation be estimated to
increase the deficit above target. PAYGO is far from an
unqualified blessing, but at least it suggests the possibility that
Congress recognizes the fiscal and economic peril in
unchecked increases in these entitlement outlays.
But we come to bury OBRA 90, not to praise it. The Act
suffers three signally important deficiencies. For one thing,
at a time when the expansionary steam clearly had gone out
of the economy and when the loosening of tax restraints on
the economy's growth was sorely needed, the Congress and
the Administration combined forces to saddle the American
people with the second-largest tax increase in the nation's
history. For another, instead of urgently needed, straight-
forward, meaningful reform of the budget-making process, the
Congress and the Administration fashioned an extraordinarily
complex set of rules to constrain tax and spending decisions
in fiscal years 1991-1995.
Thirdly, OBRA90 excludes Social Security trust fund
receipts and outlays from budget reckoning. Doing so makes
an artificial and false distinction between payroll taxes and all
other taxes in the federal revenue system and between social
security retirement benefits and all other federal transfer
payments. It gives credence to the mistaken notion that the
Social Security trust fund is a real trust fund with real
income-producing assets. In short, it perpetuates myths about
social security that have always seriously hampered good
public policy concerning provision for retirement income.
OBRA also ties the hands of tax policy makers. PAYGO
holds tax policy hostage to politically-favored nonexempt

IRET is a non-profit, tax exempt 501(c)(3) economic policy research and educational organization devoted to informing the
public about policies that will promote economic growth and efficient operation of the free market economy.
1331 Pennsylvania Ave., N.W., Suite 515, Washington, D.C. 20004  Phone: (202) 347-9570

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