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Ryan and Minkoff - Approps Policymaking

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Ryan and Minkoff - Approps Policymaking

Legislative Gridlock and Policymaking Through the Appropriations Process *Josh M. Ryan' Department of Political Science Utah State UniversityScott Min

Ryan and Minkoff - Approps Policymakingnkoff’ Department of Political Science SUNY New PaltzAbstractWe demonstrate that appropriations laws are used to make substantive legislative changes

when the authorizations process is gridlocked. Using an original dataset of appropriations laws, we measure the amount of new policy created given the Ryan and Minkoff - Approps Policymaking

distribution of preferences across the House. Senate, and president. The findings show that a larger gridlock interval promotes the use of appropriat

Ryan and Minkoff - Approps Policymaking

ions bills as substantive policymaking vehicles because of the uniquely extreme reversion point of appropriations. Consistent with a regime change pro

Legislative Gridlock and Policymaking Through the Appropriations Process *Josh M. Ryan' Department of Political Science Utah State UniversityScott Min

Ryan and Minkoff - Approps PolicymakingThere is no evidence strong party cohesion within the chambers increases the use of appropriations. The results provide empirical support for the clai

m that diverging preferences among lawmaking institutions affects legislative productivity, and suggests that winning coalitions can often make substa Ryan and Minkoff - Approps Policymaking

ntive policy changes despite ideological disagreement among pivotal actors.9,1X6 words‘Working paper, comments welcome. A version of this paper was or

Ryan and Minkoff - Approps Policymaking

iginally presented at the 2012 Midwest Political Science Conference and at Loyola University Chicago's "Approaches to Understanding Social Justice spe

Legislative Gridlock and Policymaking Through the Appropriations Process *Josh M. Ryan' Department of Political Science Utah State UniversityScott Min

Ryan and Minkoff - Approps Policymakingedu.:3009 Broadway Ave., New York. NY 10027; minkoffsQncupaltz.eduBesides the “textbook” legislative proeess where policy change is achieved through t

he standing committees which hold hearings and markup bills. Congress uses the appropriations process to make important policy changes. Appropriations Ryan and Minkoff - Approps Policymaking

bills frequently incorporate new substantive legislative provisions, stipulations or conditions on funding, restrict the discretion of bureaucratic a

Ryan and Minkoff - Approps Policymaking

gencies and administrators, and make changes to particular programs and policy provisions, l or example, in 1998 Congress passed the "Internet lax Fre

Legislative Gridlock and Policymaking Through the Appropriations Process *Josh M. Ryan' Department of Political Science Utah State UniversityScott Min

Ryan and Minkoff - Approps Policymaking part of an omnibus appropriations bill. In that single appropriations bill, the Congressional Research Service counts 27 different substantive legisl

ative provisions, dealing with issues ranging from children’s online privacy to fisheries. The recently enacted 2018 Consolidated Appropriations Bill Ryan and Minkoff - Approps Policymaking

included numerous substantive legislative provisions, including exemptions from labor laws for Major League Baseball's minor league players, an increa

Ryan and Minkoff - Approps Policymaking

se in the number of H-2B visas, new laws concerning privacy and government access to cloud computing data, and increased access to mental health care

Legislative Gridlock and Policymaking Through the Appropriations Process *Josh M. Ryan' Department of Political Science Utah State UniversityScott Min

Ryan and Minkoff - Approps Policymakingis also an important policy tool frequently used to bypass legislative gridlock in the traditional authorization process.This claim challenges the con

ventional wisdom that increasing ideological or preference differences ill-ways promote legislative gridlock by showing that appropriations become an Ryan and Minkoff - Approps Policymaking

alternative, supplemental policymaking venue when agreement is unlikely through authorizing legislation. The American separated system requires agreem

Ryan and Minkoff - Approps Policymaking

ent for passage from the House median. Senate filibuster pivot (because of that chamber’s supennajoritarian rules), and the president or one of the tw

Legislative Gridlock and Policymaking Through the Appropriations Process *Josh M. Ryan' Department of Political Science Utah State UniversityScott Min

Ryan and Minkoff - Approps Policymakingr veto override pivot (whichever is closer to the filibuster pivot), the status quo cannot be changed because any ’See Axisa. Mike, "Congress* ‘Save A

merica’s Pastime Act’ would allow teams to pity minor-lcagucrs less than minimum wage.” CBSSportsxom. Marell 22. 2018. Accessed Ul:http3;//www.cb33por Ryan and Minkoff - Approps Policymaking

t3.com/mlb/n6ws/ congress-save-americas-paatime-act-would-allow-teams-to-pay-minor-leaguera-leas-than-minimtnn-wage/ on May 17. 2018; Campoy. Anu. “Ti

Ryan and Minkoff - Approps Policymaking

le new US spending bill funds a liny bil of bolder wallbul creates up to 60,000 new visas," Quartz.com, March 23, 201X.Accessed at: httpa://qz.com/123

Legislative Gridlock and Policymaking Through the Appropriations Process *Josh M. Ryan' Department of Political Science Utah State UniversityScott Min

Ryan and Minkoff - Approps Policymakingal lieallh care for olher-lhan-hvnorable vets.” The Military ’limes, March 22, 201X. Accessed at: https://www.Bilitarytime8.com/vet.firanfi/2018/03/22

/ budget-omnibus-includes-new-mental-health-care-for-other-than-honorable-vets/ on May 17. 2018: Hautala, I.aura, "Cl.01)11 Act becomes law, increases Ryan and Minkoff - Approps Policymaking

government access to online info," CNET.com. Accessed at: https: //vvu. cnet.com/newfi/cloiid-act-becomes-l aw-incrfiafifis-goviirnment-accfififi-to-

Ryan and Minkoff - Approps Policymaking

fimail-intfirnfit-microfioft/ on May 17.2018.new policy would leave at least one pivotal actor worse off than they would be under the status quo. As t

Legislative Gridlock and Policymaking Through the Appropriations Process *Josh M. Ryan' Department of Political Science Utah State UniversityScott Min

Ryan and Minkoff - Approps Policymakinghas focused almost exclusively on authorizations legislation, appropriations and authorizations are imperfect substitutes because the reversion point

for appropriations bills is not the current status quo. but an extreme outcome where funding is zero and the program or policy ceases to exist. As a r Ryan and Minkoff - Approps Policymaking

esult, appropriations bills are "must pass” legislation.Our contribution is first, demonstrating that appropriations bills are more than budgetary too

Ryan and Minkoff - Approps Policymaking

ls and usually cany extensive substantive policy changes. Second, we theorize that appropriations arc used to make substantive policy changes when the

Legislative Gridlock and Policymaking Through the Appropriations Process *Josh M. Ryan' Department of Political Science Utah State UniversityScott Min

Ryan and Minkoff - Approps Policymakingo ideological differences between institutions, legislative procedures offer alternative methods of creating new policy. Though authorizing legislatio

n is the “work horse" of congressional policy change (Adler & Wilkerson 2012), appropriations offer flexibility when the authorizations process is blo Ryan and Minkoff - Approps Policymaking

cked by House, Senate, and presidential ideological divergence. Additionally. the theory and results here offer a possible explanation of recent brink

Ryan and Minkoff - Approps Policymaking

manship over appropriations legislation (c.g., the government shutdown during the Obama administration over funding of the Affordable Health Care Act.

Legislative Gridlock and Policymaking Through the Appropriations Process *Josh M. Ryan' Department of Political Science Utah State UniversityScott Min

Ryan and Minkoff - Approps Policymakinglimited empirical support (Gray & Jenkins 2017).To properly consider the role of appropriations in policymaking, we create a new dataset of all laws f

rom the 80th through 112th Congresses. Wc measure overall policymaking contained within each law (appropriations and authorizations) using a word coun Ryan and Minkoff - Approps Policymaking

t of each law’s text and find that appropriations laws become longer under gridlock conditions, while there is no effect for authorizations laws. Grea

Ryan and Minkoff - Approps Policymaking

ter ideological differences between the filibuster pivot and the veto override pivot’ produce more substantive policymaking through appropriations. Co

Legislative Gridlock and Policymaking Through the Appropriations Process *Josh M. Ryan' Department of Political Science Utah State UniversityScott Min

Ryan and Minkoff - Approps Policymakingslative avenue for policymaking as there arc many well-documented reasons why the normal authorization process serves the needs of members under many

circumstances. For example, using the authorization process allows the standing committees to provide more information on the likely effects of the pr Ryan and Minkoff - Approps Policymaking

oposed policy and allows members lo more carefully consider the electoral implications of passage. Additionally, if the proposed change through approp

Ryan and Minkoff - Approps Policymaking

riations is substantial, outweighing the benefits of avoiding the extreme reversion point, other pivotal actors will not acquiesce.’Pivotal politics t

Legislative Gridlock and Policymaking Through the Appropriations Process *Josh M. Ryan' Department of Political Science Utah State UniversityScott Min

Ryan and Minkoff - Approps Policymakinge is the more extreme of the veto override pivots or the more moderate of that pivot and the president. Since the XOth Congress, where our sample begi

ns, the more extreme veto override pivot is more moderate than the president, and hence sets the bound on the gridlock interval.2for a new “presidenti Ryan and Minkoff - Approps Policymaking

al regime.” we find that a switeh in the party of the president deereases the conditional effect of ideological distance on appropriations word counts

Ryan and Minkoff - Approps Policymaking

. There is no evidence that the use of appropriations to implement policy has fundamentally changed over lime as a result of stronger, more ideologica

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