This may be something, or nothing but... if you go to the explanation of the ICA, there is this section on deferrals:
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.****
Now, read the letter President Trump sent to Pelosi and Pence tonight:
Dear Madam Speaker: (Dear Mr. President:)
In accordance with section 6(a) of the Consolidated Appropriations Act, 2021 (H.R. 133; the “Act”), I hereby designate as emergency requirements all funding (including the rescission of funds) so designated by the Congress in the Act pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as outlined in the enclosed list of accounts.
The details of this action are set forth in the enclosed memorandum from the Director of the Office of Management and Budget.
Sincerely,
DONALD J. TRUMP
*******
Am I way off base or did the President just invoke a deferral in his letter which ties up these rescissions until the end of the fiscal year? (9/21)
Nah, President Trump just held up these funds for 45 days,
After that they will be spent as this law (which he signed) says.
Unless both Houses of Congress pass bills supporting the President- which won’t happen LOL!
Either end of fiscal year or new session of Congress.
He had to keep govt funded because the 2020 fiscal year ended September 2020. A CR was passed through the end of year.
The new Congress will appropriate through September 2022. A new Congress has the prerogative to appropriate its session as it deems fit.
Federal workforce is paid this month for time in November. Funds today pay them in January for December. Won’t need another CR but if necessary it can be done as late as late February.
They tried to trap POTUS with need to keep govt open mashed with pork and COVID stimulus.
So it appears he dispatched a team to brainstorm a way to counter and they came up with the 1974 Impoundment Control Act.
The letter you posted appears to have been used before this current round. I could be wrong but when the CCP controlled media cycles out, the public will see POTUS came through. Figure by end of week.