“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.
Thank you!
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?
See post 12, BeauBo
How does this impoundment act effect the wall $$?
Bitem will never be sworn in. What’s wrong with people...
“Biden can undo the impoundment when he is sworn in on the 21st.”
That would be better than Trump owning this pile of manure.