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Student Publications Homepage
ARTICLE CONTENTS
[Pages 863-934]
TOP OF ARTICLE
Introduction
I. Budget Rules
A. Tax Legislation and the Budget
B. Dueling Budgets
C. Budget Reconciliation
1. Reconciliation Instructions
2. Procedural Rules
a. Points of Order
b. Point-of-Order Waivers
c. Special Procedural Rules in the Senate
D. Additional Fiscal Constraints
1. Background
2. PAYGO Requirements
a. Introduction
b. Internal Senate Rule: PAYGO Point of Order
c. Statutory PAYGO Rules
d. Operation of PAYGO in Times of Surplus
II. The Tax Legislation That Wasn’t: A Case Study in Pathological Tax Legislation Through the
Budget Process
A. Introduction
B. The Law Prior to FY 2000 Budget Tinkering—Installment Method Reporting for Accrual Method Taxpayers
C. 1999 Amendments to the Installment Method Rules for
Accrual Method Taxpayers
D. The Aftermath
III. Pathologies in the Budget and Tax Legislative Process
A. Budget Policy Principles
B. Democracy-Oriented Goals of the Budget Process
1. Budget Formation as a Democratic Exercise
2. Enforceability
3. Accountability
4. Transparency
5. Openness and Durability
C. Assessing the Installment Sale Episode
1. Application of the Democracy-Oriented Criteria
a. Enforceability
b. Economic Accountability
c. Political Accountability
d. Transparency
e. Openness
f. Durability
g. Unified Budget
2. Power to Party Leaders at the Expense of Rank-and-File Members
3. Losing Tax Policy in the Shuffle
D. Two Possible Explanations for the Retroactive Repeal of the Repeal Episode
1. The Honest Mistake
2. A “Wink and a Nod” and the Art of the Deal
E. Dealmaking and the Budget
1. The Costs of PAYGO
2. Bypassing PAYGO
3. The “Statute as Contract”
F. Budget Reforms to Continue Fiscal Constraints and Respond to
Pathologies of the Current Process
1. PAYGO Reforms
a. PAYGO in Times of Surplus
b. Other PAYGO Reforms
2. Abandon Directed Scorekeeping
3. Information Failures
4. The Formal and Informal Summit
5. Tax Policy Reforms
Conclusion
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