Law

Description

Anti-Deficiency Act (enacted in 1870 as part of the legislative appropriations bill), 31 U.S.C. 1341-42; 1511-1519

Provides that no department or government official can make payments, or obligate the U.S. government by contract, in excess of congressional appropriations (with criminal penalties for violations). The Act enforces Congress' constitutional authority over the public purse. The Act also forces government shutdowns when Congress fails to appropriate funds by the beginning of a new fiscal year.

Budget and Accounting Act of 1921, P.L. No. 67-13, 42 Stat. 20 (June 10, 1921)

Centralized federal budgeting by creating the Bureau of the Budget (the predecessor to OMB) and codified submission of the President's Budget. Also established the General Accounting Office (now the Government Accountability Office) to provide Congress with an independent audit of executive accounts and to report on violations of fiscal statutes.

Legislative Reorganization Act of 1946, P.L. 79-601, §206, 60 Stat. 812, 837 (Aug. 2, 1946)

Directed the GAO to make expenditure analyses of executive branch agencies with reports to relevant congressional committees

Accounting and Auditing Act of 1950, P.L. 81-784, §117(a), 31 U.S.C. §3523(a)

Authorized the GAO to audit the financial transactions of most executive, legislative, and judicial agencies and to prescribe, in consultation with the President and the Secretary of the Treasury, accounting standards

Legislative Reorganization Act of 1970, P.L. 91-150, §204, 84 Stat. 1140, 1168 (Oct. 26, 1970)

Expanded the focus of GAO's audit activities to include program evaluations as well as financial audits

Congressional Budget and Impoundment Control Act of 1974, P.L. 93-344, 88 Stat. 297 (July 12, 1974)

Established the congressional budget process, including the requirement for an annual Budget Resolution, created the House and Senate Budget Committees and the Congressional Budget Office, and established rescission and deferral procedures to limit presidential impoundment authority

Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Holllings), P.L. 99-177, Title II, 99 Stat. 1037, 1038 (Dec. 12, 1985)

Established declining maximum deficit amounts (intended to lead to a balanced budget in FY1991) and a sequestration process (automatic budget cuts) as enforcement; also amended the '74 Budget Act

Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987, P.L. 100-119, 101 Stat. 754 (Sept. 29, 1987)

Moved the sequester trigger from GAO to OMB (due to a constitutional challenge) and revised and extended the deficit targets, aiming at balance in 1993. See Bowsher v. Synar (478 U.S. 714, 1986).

Budget Enforcement Act of 1990,

P.L. 101-508, Title XIII, 104 Stat. at 1388-573 (Nov. 5, 1990)

Replaced the ineffective G-R-H deficit targets with (1) discretionary spending limits and (2) a pay-as-you-go (PAYGO) requirement to offset entitlement increases and tax cuts—both enforced through automatic sequesters; enacted the Federal Credit Reform Act of 1990; and amended the '74 Budget Act

Government Performance and Results Act (GPRA) P.L. 103-62, 107 Stat. 285 (Aug. 3, 1993)

Requires agencies to submit to Congress multiyear strategic plans, annual performance plans and annual performance reports to promote performance-based budgeting. See chapter 2-7 for details.

Omnibus Budget Reconciliation Act of 1993, P.L. 103-66, Title XIV, 107 Stat. 312, 683 (Aug. 10, 1993)

Extended the discretionary spending limits and PAYGO process through FY '98

Unfunded Mandates Reform Act of 1995 (UMRA), P.L. 104-4, 109 Stat. 50 (Mar. 22, 1995)

Unfunded mandates are Federal statutes or regulations that require state or local governments or private sector entities to achieve certain goals or fulfill certain functions without being provided any Federal funding. UMRA (1) requires congressional committees and CBO to identify and provide information on potential unfunded Federal mandates in legislation and (2) permits Members of Congress to raise a point of order against unfunded mandates exceeding $50 million in new costs to state or local governments.

Line Item Veto Act, P.L. 104-130, 110 Stat. 1200 (April 9, 1996).

(ruled unconstitutional in 1998)

Granted the President authority to cancel discretionary spending, new direct spending, and limited tax benefits in legislation; later ruled unconstitutional by the Supreme Court

Budget Enforcement Act of 1997,

P.L. 105-33, 111 Stat. 251 (Aug. 5, 1997)

Extended the discretionary spending limits and PAYGO process through FY 2002. Amended the '74 Budget Act

TEA-21, P.L. 105-178, 112 Stat. 107 (June 9, 1998)

The Highway Bill (Transportation Equity Act for the 21st Century or “TEA-21”) established additional spending caps on highway and mass transit spending through 2003

FY 2001 Interior Appropriations Act, P.L. 106-291, 114 Stat. 922 (Oct. 11, 2000)

The FY 2001 Interior Appropriations Act established a set of caps on conservation spending through 2006 (including acquisition, conservation, and maintenance of Federal and nonfederal lands and resources as well as payments in lieu of taxes)

A bill to eliminate preexisting PAYGO balances, P.L. 107-312, 116 Stat. 2456 (Dec. 2, 2002)

Required the Director of the Office of Management and Budget to reduce to zero any PAYGO balances of direct spending and receipts legislation for all fiscal years under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act)