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To: RandFan

“A 2018 Government Accountability Office legal opinion holds that if the President proposes a rescission, he or she must make the affected funds available to be prudently obligated before the funds expire, even if the 45-day clock is still running. This means, for example, that the President cannot strategically time a rescission request for late in the fiscal year and withhold the funding until it expires, thus achieving a rescission without Congressional approval”

It is likely he cant impound anything, because of this rule requiring funds be freed before january 3rd.

anything he can legally impound automatically un-impounds in 45 days unless congress passes a bill supporting recission.

Biden can undo the impoundment when he is sworn in on the 21st.


12 posted on 12/27/2020 6:22:46 PM PST by CharlesWayneCT
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To: CharlesWayneCT; Armscor38

Thank you!


18 posted on 12/27/2020 6:24:58 PM PST by RandFan
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To: CharlesWayneCT

From the same link:

The ICA defines a “deferral” as withholding, delaying, or – through other Executive action or inaction – effectively precluding funding from being obligated or spent. The ICA prescribes three narrow circumstances in which the President may propose to defer funding for a program: (1) providing for contingencies; (2) achieving budgetary savings made possible through improved operational efficiency; and (3) as specifically provided by law.

The ICA requires that the President send a special message to Congress identifying the amount of the proposed deferral; the reasons for it; and the period of the proposed deferral. Upon transmission of such special message, the funds may be deferred without further action by Congress; however, the deferral cannot extend beyond the end of the fiscal year in which the special message is sent. The ICA language on deferrals is long-standing budget law that allows the Executive branch to delay the obligation or expenditure of funding only for the specified reasons rather than policy reasons.

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Doesn’t the fiscal year for the US government begin October 1?


22 posted on 12/27/2020 6:26:12 PM PST by Spirit of Liberty (It's morning in America again!)
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To: CharlesWayneCT; BeauBo; little jeremiah

See post 12, BeauBo

How does this impoundment act effect the wall $$?


123 posted on 12/27/2020 9:19:58 PM PST by thinden
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To: CharlesWayneCT

Bitem will never be sworn in. What’s wrong with people...


124 posted on 12/27/2020 9:22:48 PM PST by little jeremiah (Thirst for truth is the most valuable possession and no one can take it away from you.)
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To: CharlesWayneCT

“Biden can undo the impoundment when he is sworn in on the 21st.”

That would be better than Trump owning this pile of manure.


136 posted on 12/27/2020 10:54:50 PM PST by aquila48 (Do not let them make you care! Guilting you is how they control you. )
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