E-mail:
Jack Balkin: jackbalkin at yahoo.com
Bruce Ackerman bruce.ackerman at yale.edu
Ian Ayres ian.ayres at yale.edu
Corey Brettschneider corey_brettschneider at brown.edu
Mary Dudziak mary.l.dudziak at emory.edu
Joey Fishkin joey.fishkin at gmail.com
Heather Gerken heather.gerken at yale.edu
Abbe Gluck abbe.gluck at yale.edu
Mark Graber mgraber at law.umaryland.edu
Stephen Griffin sgriffin at tulane.edu
Jonathan Hafetz jonathan.hafetz at shu.edu
Jeremy Kessler jkessler at law.columbia.edu
Andrew Koppelman akoppelman at law.northwestern.edu
Marty Lederman msl46 at law.georgetown.edu
Sanford Levinson slevinson at law.utexas.edu
David Luban david.luban at gmail.com
Gerard Magliocca gmaglioc at iupui.edu
Jason Mazzone mazzonej at illinois.edu
Linda McClain lmcclain at bu.edu
John Mikhail mikhail at law.georgetown.edu
Frank Pasquale pasquale.frank at gmail.com
Nate Persily npersily at gmail.com
Michael Stokes Paulsen michaelstokespaulsen at gmail.com
Deborah Pearlstein dpearlst at yu.edu
Rick Pildes rick.pildes at nyu.edu
David Pozen dpozen at law.columbia.edu
Richard Primus raprimus at umich.edu
K. Sabeel Rahmansabeel.rahman at brooklaw.edu
Alice Ristroph alice.ristroph at shu.edu
Neil Siegel siegel at law.duke.edu
David Super david.super at law.georgetown.edu
Brian Tamanaha btamanaha at wulaw.wustl.edu
Nelson Tebbe nelson.tebbe at brooklaw.edu
Mark Tushnet mtushnet at law.harvard.edu
Adam Winkler winkler at ucla.edu
President Trump, the CDC Budget, and Fiscal Irresponsibility
David Super
The President’s
critics have savaged his response to the novel coronavirus outbreak.Certainly his obsession with the stock
market, his assignment of his science-resistant Vice President to lead the coronavirus
task force, and his efforts to restrict the flow of expert information are
deeply disappointing.The exploitation
of this crisis to promote more ill-targeted tax cuts and anti-immigrant
measures is shameful.The world lost its
chance to prevent a coronavirus pandemic when one illiberal regime prioritized avoiding
political embarrassment over the public health; ours seemed determined to
repeat that mistake.
A narrower
but still important question that has arisen about whether the President has cut
the budget of the Centers for Disease Control.The Guardian ran a piece by former Labor Secretary Robert Reich
entitled “Coronavirus
is bad enough – Trump's cuts have made the danger far worse,” although its
text describes only cuts the President has proposed for next fiscal year.Some fact-checkers have criticized
Democratic presidential candidates for speaking as if those cuts had already
been enacted.
CDC’s
budget illustrates a broader pattern that has replicated itself numerous times
across the federal budget.To see this,
we should examine the CDC’s budget over the past ten years.This exercise has value beyond the immediate
crisis because the CDC is representative of federal government activities more
broadly:few people think much about it
most of the time but we urgently want it to be strong and effective when a
crisis arises.Were the current crisis of
a different type, we would be focusing on some other agency with the same sense
of urgency.
In fiscal
year 2010, the main CDC account received $6.7 billion.There is no reason to believe that was the “right”
number under any particular set of norms, but it is far enough back to provide a
useful point of comparison for subsequent events.(I am focusing on the main CDC account rather
than the total CDC budget to focus on activities most relevant to the current
crisis and to filter out some, although by no means all, of the volatility
resulting from one-time needs and from activities being transferred into or out
of the CDC’s budget.The story is not
significantly different if one aggregates all CDC accounts.All figures here are in budget authority.)
By 2012, the
CDC’s budget had shrunk to $6.5 billion as Republicans took control of the
House of Representatives.House
Republicans extracted reductions in non-defense discretionary spending from
President Obama as their price for approving increases to the debt limit.Another concession they won was the Budget
Control Act of 2011, which resulted in across-the-board discretionary cuts (“sequestration”)
in 2013.That reduced the CDC to less
than $6 billion, an 8.8% cut in a single year.
For the
next several years, many domestic discretionary programs stayed close to their
sequestration levels, sometimes with modest inflation adjustments.The CDC might well have suffered a similar
fate but for the Ebola epidemic in west Africa.Because the CDC possessed much of the federal government’s expertise on
communicable diseases, President Obama and Congress routed a large part of the
funding for this country’s response to Ebola through the CDC.Its budget returned to $6.7 billion in 2014
and shot up to $8.7 billion in 2015.These
increases were facilitated by two-year bipartisan agreements that traded cuts
in entitlement spending for a modest relaxation in caps on defense and
non-defense discretionary spending.
As the
crisis receded, the CDC’s budget fell to $7.6 billion in 2016 and $7.2 billion
in 2017.In theory, fiscal year 2017 should
have been the last year whose funding President Obama would have negotiated
with Congress; in fact, he and congressional Republicans never came close to
agreement and final spending levels were set in May
2017 by President Trump and Congress.Although the nominal level for 2017 was greater than that for 2010, it
actually provided the CDC with significantly less purchasing power:adjusting the CDC’s 2010 budget for inflation
would have required almost $7.5 billion by 2017.
OMB Director Mick Mulvaney, a former
congressional “deficit hawk”, recently admitted
that Republicans care about deficits only when a Democrat is in the White
House.Sure enough, they have been
relatively lenient with discretionary spending for both defense and non-defense
accounts since President Trump took office.One can see this in the CDC’s budget, which rose to $8.0 billion in 2018
before sliding to $7.3 billion and $7.6 billion the last two years.This year’s CDC appropriation is roughly $200
million less than in 2010 after adjusting for inflation.It is virtually the same in nominal terms,
and a bit less than $400 million dollars after adjusting for inflation, relative
to the 2016 figure in the last annual appropriation President Obama
signed.A truly apples-to-apples comparison
would require removing spending on the Ebola crisis from the 2016 figure and spending
on the opioid crisis from current figures as well as adjusting for transfers of
funding and responsibility.That would
require a deep dive into the fine points of the CDC’s budget but probably not
change the bottom line much.
It
therefore seems fair to say that the CDC has been financially weakened under
President Trump’s watch, although not dramatically so.On the other hand, the White House’s furious
denials that he cut the CDC are a bit hard to accept when he has repeatedly
tried to do just that.His budget
for fiscal year 2021 calls for cutting the CDC budget to $6.4 billion, a 21%
cut in purchasing power from 2010 and a 24% real cut from the 2016 level.Last year, his budget
would have cut the CDC’s budget to $6.1 billion.The year before that, his budget
proposed cutting the CDC to $5.2 billion.And his first budget
proposed $5.9 billion for the CDC.If
the CDC’s budget has only shrunk by moderate amounts under President Trump, it
certainly is not for his lack of trying to do much more.
Moreover, this
is in no way a complete accounting of President Trump’s treatment of the
CDC.Agencies can be undermined in many
different ways.President Trump’s first CDC
director resigned
after it was disclosed that she had bought tobacco stocks after taking her
position, creating an untenable conflict of interest.President Trump’s current CDC director’s
appointment was opposed
by some public health organizations based on accusations
of scientific misconduct and his advocacy of HIV/AIDS policies based on
religious teachings rather than science.I am not qualified to assess the merits of these concerns.
The broader
lesson here is that our current approach to funding federal programs is not
just irrational but dangerous.No one –
and certainly not generalists like voters, journalists, Members of Congress,
and Presidents – can possibly know what all the agencies in the federal
government do.We thus have no basis for
assuming that continual cuts to funding for non-defense discretionary programs
can be achieved without harm.Today, in
light of the coronavirus epidemic, starving the CDC looks foolish.Were the headlines instead about collapsing
bridges, or contaminated food, or leaking nuclear power plants, our parsimony
with other agencies would get the attention.One of the most frustrating aspects of the Benghazi embassy tragedy is the
near-universal failure to mention the role of deep cuts in diplomatic security
funding.
We need to
abandon the ill-informed, and often tragically wrong, assumption that there is
always fat to be cut in federal programs.Where specific excesses are identified, or where we decide we want to
curtail a particular activity, by all means we should cut.But budgetary caps requiring unidentified cuts
in federal programs’ purchasing power are much more likely to hollow out
agencies we may need than they are to eliminate actual waste.