Posted on 03/24/2018 5:47:01 PM PDT by research99
Checking the Congressional Budget Act of 1974 (Public Law 93–344, 88 Stat. 297, 2 U.S.C. §§ 601–688) online:
Part B, Section 1011-1012 and related (identified elsewhere as Title X) within the Act (also known as the Impoundment Control Act of 1974), specifies that the President may request that Congress rescind appropriated funds.
The timeline for approval by both the house and senate is 45 days.
Could this be a mechanism, for reversing some of the outrageous pork-barrel authorizations in last weeks' bill? Would a simple majority in Congress be able to pass a revision that would eliminate the worst of that spending?
Could we see a "Paul Ryan Act" within the next 45 days?
Or, more appropriately, a “Rand Paul Act of 2018”?
But more importantly Congress is reneging on its promises. The President can call one or both houses of Congress into session and keep them in session until they give him the funds he wants for the wall. See Article 2, Section 3. That is in his power.
Drastic? Yes. But if he means it voters will respect it.
bump
Does this rule apply since the Omnibus Bill isn’t a Budget Bill.
This topic arose from a discussion on a similar thread, where a knowledgeable poster responded to a question about process with a reference to the 1974 act.
Hopefully another poster (better informed than I) can provide a differentiation between "definitions" of omnibus vs. budget legislation.
I could, but I and others have done so in other threads. There is no difference in the end between the omnibus (actually consolidated appropriations) and passing 12 appropriations bills separately.
Could you provide links, to those threads?
The omnibus bill covers only one third of what an actual Budget bill covers. We have not had a budget since April 29,2009
> The omnibus bill covers only one third of what an actual Budget bill covers. We have not had a budget since April 29,2009
I’ve seen discussed elsewhere the whole issue that an omnibus bill IS NOT a Constitutionally mandated budget appropriation, and therefore the rules that pertain to budget appropriations/authorizations (such as, the President must spend according to Congress’ appropriations) do not apply to the omnibus. As evidence, they cite that Obunga regularly violated his continuing resolution spending bills. I have no idea if the notion has merit.
It is supposedly somehow related to this,
which some are saying is the President using emergency powers to redirect the spending of the omnibus. Again, I am not savvy enough to know if this is so.
I’ve also heard just the opposite of what I said in the prior post, so it will take a better understanding to make sense of it.
"The 1974 act and subsequent amendments are codified in 2 USC Sections 601 through 688. I haven’t gone through in detail but it appears 683 and 684 provide the process for the President to request rescission by a “special message” and at least section 688 governs the expedited process for consideration in each house and committee. Debate and amendment rules appear quite strict. Appears everything is a majority vote. No threat of filibuster appears available."
So there appears to be an available mechanism for a selected retraction of spending items in the bill, but that presumes there will be actual political action to introduce "rescission" legislation.
More realistically, I hope it at the least leads to further discussion by political media.
Thanks research99.
Rescission isn’t a new idea.
https://www.huffingtonpost.com/chris-weigant/rescission-could-be-a-bri_b_6188776.html
Looks like budget rescission may now be in play.
http://www.freerepublic.com/focus/f-news/3644662/posts
McConnell says he isn’t opposed to a discussion
http://www.freerepublic.com/focus/f-news/3646452/posts
A simple majority is all that is needed. But you would never get 50 votes in the Senate.
So far, “rescission” is an idea that hasn’t gone away.
http://www.freerepublic.com/focus/f-news/3648272/posts
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.