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97 IRET Byline 1 (1991)

handle is hein.taxfoundation/iretbyln0097 and id is 1 raw text is: July 2, 1991 No. 97
Reserve (Slush-) Funds in Budget
Resolution Subvert OBRA90
The recently passed concurrent resolution on the
budget for fiscal year 1992 establishes so-called reserve
funds that pave the way for
increased spending in five favored
areas without running afoul of  The     reserve
one   of  the   key   spending  stage for a se
constraints in the Congressional  expensive       s
budget process. The effect of this  initiatives ar
provision is to make it far easier  i
to increase entitlement spending  increases
and taxes than was envisioned anywhere fro
under the 1990 budget agreement  $200     billion
(the    Omnibus      Budget     bust     the   bu
Reconciliation Act of 1990 -
OBRA90).                        and embarrc

Under OBRA90, caps were
specified  for   spending   for
defense,   international,  and
domestic discretionary outlays.

Members of C
President pri
elections.

These caps were translated into limits for various budget
functions, and became the ceilings for these budget
functions in the fiscal year 1992 budget resolution. The
OBRA90 rules governing discretionary spending are very
restrictive. With minor exceptions, it is not possible to
increase discretionary spending above the caps in the
budget agreement. If a bill breaching the discretionary
ceilings were to pass, it would, under OBRA90, trigger a
sequester of other spending in its category to bring the
total back in line with the cap.
Projections of outlays for entitlement programs under
current law were taken as upper limits under OBRA90,

IRET
Byline6

spending allowances
funds set the
ries of extremely
ocial spending
id matching tax
- totalling
'm $50 billion to
- designed to
dget agreement
ss conservative
'ongress and the
ior to the 1992

for the various Congressional
committees. Ordinarily, any bill
subsequently reported out by a
committee that increases spending
above the committee's allowance
is subject to a point of order
preventing the bill's consideration
on the House or Senate floor.
The point of order can    be
overcome by a simple majority
vote in the House, the same
number of votes the bill needs to
pass. However, in the Senate, the
bill must achieve a 60-vote super-
majority to overcome the point of
order.     Alternatively,  the
committee might seek to amend
the  budget resolution, which
requires action by both Houses, a

difficult process. The presence of this super-majority
point of order in the Senate under the rules implementing
the 1974 Budget Act was an important consideration in
setting up the OBRA90 enforcement provisions.
What the reserve funds do is create five categories of
entitlement spending that may be increased in the future
without being subject to the Senate's 60-vote point of
order governing breaches in the budget function ceilings.
Committees that report out bills to raise spending in the
five favored areas will not have to worry about breaching
their spending ceilings if the bills have been preceded by
passage of, or are accompanied by the reporting out of, a

Institute for
Research on the
Economics of
Taxation

and these projections became the ceilings for these budget
categories in the budget resolution. In contrast with the
rules for discretionary outlays, it is possible to pass a bill
increasing entitlement spending under OBRA90 if the bill
provides for either a tax increase of equal magnitude or a
reduction of other entitlements in equal amount to avoid
increasing the deficit. Otherwise, the added outlays would
trigger an offsetting  across-the-board  sequester of
entitlement spending to keep the deficit constant.
However, a bill raising taxes and entitlements would also
have to conform to the rules set up under the 1974 Budget
Act. In particular, raising entitlement spending could run
afoul of the budget resolution outlay ceilings.
A concurrent resolution on the budget sets ceilings on
outlays and budget authority for the various budget
functions. These functional ceilings are translated into

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.
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