Udall, Heinrich, Introduce Bill to Prevent Emergency Declaration

News release U.S. Sen. Tom Udall's office ^ | February 4, 2019 | news release

[girlangler]

NEWS FROM THE UNITED STATES SENATE

FOR IMMEDIATE RELEASE: February 4, 2019

Udall, Heinrich, Senate Democrats Introduce Bill to Prevent President From Using Emergency Declaration to Raid Funds for Border Wall

RAIDER Act of 2019 stops President Trump from bypassing Congress and raiding as much as $35 billion from military construction and disaster response funds for land acquisition or construction of his wall

WASHINGTON – Today, U.S. Senators Tom Udall (D-N.M.) and Martin Heinrich (D-N.M.), along with U.S. Senators Kamala Harris (D-Calif.), Catherine Cortez Masto (D-Nev.), Jeff Merkley (D-Ore.), Ed Markey (D-Mass.), Richard Blumenthal (D-Conn.), Patty Murray (D-Wash.), Dianne Feinstein (D-Calif.), Cory Booker (D-N.J.), Robert Menendez (D-N.J.), Mazie Hirono (D-Hawaii), Debbie Stabenow (D-Mich.), Patrick Leahy (D-Vt.) and Jack Reed (D-R.I.) introduced the Restrictions Against Illegitimate Declarations for Emergency Re-appropriations (RAIDER) Act of 2019. The legislation prevents the president from utilizing the National Emergencies Act of 1976 to raid critical military construction and disaster response funds to construct his wall along the southern border.

The full text of the bill is available HERE. A summary of the legislation is available HERE.

Before, during, and after the Trump shutdown, President Trump has repeatedly threatened to declare a national emergency to bypass Congress and finance construction of his border wall, and recent press reports indicate a declaration is being drafted in the White House. Under the National Emergencies Act, the funds most at risk of being misdirected to build the president’s wall are U.S. Army Corps of Engineers (USACE) civil works funds and Military Construction (Milcon) funding. President Trump is threatening to take funds from critical disaster recovery, flood protection, and military base construction projects in states across the country.

This legislation would bar the transfer of any funding from U.S. Army Corps of Engineers or Military Construction accounts for construction, land acquisition or other activities related to President Trump’s border wall following any potential emergency declaration, unless Congress granted specific authority to do so. While the administration has not released precise figures, some estimates indicate there could be as much as $35 billion in congressionally appropriated but yet unobligated funding for DOD military construction projects and Army Corps disaster funds at risk from an emergency declaration move.

“After the Trump shutdown, it’s clear that President Trump will stop at nothing to try to build a wasteful, ineffective, and offensive wall that New Mexicans and the American people reject,” said Udall. “While declaring a national emergency to raid funds to build the wall would almost certainly be challenged in court, Congress should not wait for the courts to act. We must stand up and assert our role as a co-equal branch of government, and we must prevent the president from going around Congress to raid critical funds – funds we have appropriated for disaster recovery, flood protection, and military base construction projects – for a politically-motivated, unjustified national emergency declaration that isn’t based in reality.”

“We cannot allow President Trump to raid taxpayer dollars to pay for a wall that New Mexicans don’t want or need,” said Heinrich. “With this legislation, we can prevent funds designated for critical military construction and disaster response from being raided for a wasteful border wall under the false pretense of a national emergency.”

“The president simply cannot go around Congress to fund his ridiculous vanity project. I’m proud to introduce this bill today to stand up to the president as he considers abusing his power by stealing money from critical projects in California to finance the construction of a wall that Congress won’t fund and people on the border don’t even want,” said Harris. “This bill will stand up for Congress’ power of the purse and maintain important Army Corps of Engineers projects that will protect our communities from natural disasters.”

“President Trump shouldn’t be raiding essential funding from Americans recovering from natural disasters, or from our critical military infrastructure to pay for his vanity project,” said Cortez Masto. “Senate Democrats have already voted for bipartisan legislation that prioritizes effective border security. This, and any future President, shouldn’t be using politics to manufacture a crisis and take funds from critical programs that serve Americans.”

“The Constitution gives Congress, not the president, the power of the purse,” said Feinstein. “Congress dedicated funds for important water infrastructure and military construction projects and to prepare for the next major natural disaster. That’s how those funds should be spent. They certainly shouldn’t be diverted by President Trump for his wasteful, unworkable border wall.”

“As the President continues to spout lies about our challenges at the southern border as an excuse to build a wasteful wall and considering declaring a non-existent national emergency, Congress must protect vital projects in our nation’s defense,” said Menendez. “And there’s no way I’m going to let Trump to raid funds for New Jersey military installations, flood protection and major military construction projects – including the Joint Base McGuire Dix Lakehurst and Picatinny Arsenal – to pay for it.

A recent Monmouth University poll found that 64 percent of Americans oppose the president using an emergency declaration to build the wall, including 66 percent of independents, while only 34 percent support it. A recent CBS News poll found that “66 percent of Americans overall say President Trump should not declare a national emergency if Congress does not fund a border wall.”

The full text of the bill is available HERE. A summary of the legislation is available HERE.

[Thank You Rush]

In other words, “The Usual Suspects.” I wonder if they enjoy being open books...They are pretty darned transparent. We could probably tell them what they’re going to do BEFORE they do it.

[CedarDave]

Protecting our border and national security are “vanity” projects to Democrats. These people are insane.

Not to mention the projects are "immoral" according to Pelosi.

[CedarDave]

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[girlangler]

I am down in Caballo N.M. Dave. Been here eight years now. There are some rallies planned for some of the ports of entry this weekend. I am covering this for the media down here and may attend and report on one of the rallies.

[TheRightGuy]

VETO

[Pollster1]

Veto the bill. Declare a national emergency. Build the Wall. It’s time to end this nonsense.

[Dogbert41]

MASTO of Nevada. We just had 4 people murdered by an Illegal Alien and she has the gall to do this!!!

[TLI]

The president simply cannot go around Congress to fund his ridiculous vanity project.

1. National Security is PDJT's job, it is not a "vanity."

2. Yes, he "simply" can envoke his authority as President.

.

[elcid1970]

Separation of powers, you liberal jerks!!

[CedarDave]

Even the ABQ Journal has editorialized the need for a wall. See this thread:

Border staredown – nation needs its dug-in leaders to step up and find an immigration compromise 1/27/2019

Several hundred migrants climb over a small fence at the U.S.-Mexico border just after midnight. The fence, designed to stop vehicles, isn’t much of a deterrent. Some of the migrants toss belongings, while others pass children, over the fence.

This isn’t a narrative pushed by President Trump. It happened this month at Antelope Wells, N.M. The crossing was caught on video, and the video was released by the Border Patrol a couple of days after it happened. The group numbered 247. Less than 48 hours later, Border Patrol agents encountered another 115 at the same location. And just this past Thursday, more than 300 migrants turned themselves in to Border Patrol there.

Trump earlier offered temporary status for 700,000 Dreamers and 300,000 other undocumented residents in return for $5.7 billion in border security money, including for barriers. That’s an opening bid. But rather than come back with a counter, the Democrats – including our own delegation – insisted on playing politics, rejecting it out of hand because of their dislike of Trump.

There is no doubt a larger barrier – a fence or a wall – in strategic areas can serve as a deterrent to migrants who are choosing dangerous, remote places to enter this country. ...

Trump’s latest proposals no longer called for a “concrete wall from sea to shining sea,” but steel barriers in strategic places. And while Speaker of the House Nancy Pelosi labels a wall “immoral,” Democrats have funded such border barriers before. ...

Despite all the posturing in D.C. and photo ops at the border, this is real life in New Mexico, folks. It’s time our leaders – especially N.M.’s congressional delegation – start compromising.

[ProtectOurFreedom]

Try this Outline.com link: NM Democrats to give up prison firms’ donations. It avoids a lot of paywalls. If that link doesn't work for you, go to Outline.com and paste the link in.

[CedarDave]

[TrumpisRight]

NO!! Not even close!!

[ProtectOurFreedom]

“Tilting at windmills”

PR stunt. Playing to their rabid base.

[Brilliant]

Vote it down and then argue that the failure of the bill to pass evidences congressional intent that it is an emergency.

[SpaceBar]

They all just flunked remedial civics.

[SunkenCiv]

The legislation prevents the president from utilizing the National Emergencies Act of 1976 to raid critical military construction and disaster response funds to construct his wall along the southern border.

There should be an amendment requiring those who vote for the measure to house at least 25 illegals in each of their homes.

[oldasrocks]

He is just showing vividly the low IQ some congressmen have. he is almost on par with A.O.C.

[Political Junkie Too]

Either the Executive has the power or not. If the Executive does, Congress can’t pass a bill denying the power.

As I understand it, this is a delegated power from Congress. Therefore, Congress has the power to rescind that delegation.

Can they do it? It will take a Presidential signature or a Congressional veto override to happen. I doubt either case will happen.

Even if it were to happen, I doubt it could happen in time to prevent a declaration of emergency, and once declared, I don't think Congress can retroactively cancel the declaration by rescinding the authority.

-PJ

[Thank You Rush]

“The president simply cannot go around Congress to fund his ridiculous vanity project. I’m proud to introduce this bill today to stand up to the president as he considers abusing his power by stealing money from critical projects in California to finance the construction of a wall that Congress won’t fund and people on the border don’t even want,” said Harris. “This bill will stand up for Congress’ power of the purse and maintain important Army Corps of Engineers projects that will protect our communities from natural disasters.”

Critical projects in CA? That’s what you have a governor for - to take care of all those critical projects. He’s a democrat so you can depend on him, can’t you? No reason to depend on the feds to help you out.

Thus spoken by the JUNIOR SENATOR from CA with so much experience and knowledge of how things SHOULD work in DC. The people on the border don’t want a wall? Why doesn’t she make a trip down there to ask them - those who make their living along that border on ranches, not those dependent on SELLING products to the illegals. Those whose property is destroyed by illegal crossings. Or how about asking the law enforcement officers along those borders? Ask the border patrol if they want the wall. Don’t just flap your gums, Harris - show us some real class.

Could a field trip be planned to get “her highness” down to the border - WITHOUT anyone accompanying her except her staff - no law enforcement...take her to the area without any kind of barrier whatsoever! Preferably AT NIGHT TIME!

After all this, is she planning to get her bill signed by the president?