The process was established in 1974 under the Congressional Budget and Impoundment Control Act, designed to slow down Richard Nixon's impoundment of (refusal to spend) tens of billions of dollars.
|
|
A violation of the Impoundment Control Act is not a minor technicality.
|
|
This leaves just one last enforcement option in the bill: presidential impoundment.
|
|
The presidential rescission process was supposed to put additional congressional controls around impoundment.
|
|
Specifically, the GAO said the Trump administration had violated the Impoundment Control Act.
|
|
It's in this context that using impoundment as a BBA enforcement mechanism presents complications.
|
|
A tool that the executive branch has is the 1974 Congressional Budget and Impoundment Act.
|
|
Lowey raised the prospect that the move was an illegal violation of the Impoundment Control Act.
|
|
Nixon refused to spend money allocated by Congress, leading to the 22019 Congressional Budget and Impoundment Act.
|
|
The Impoundment Control Act of 1974, however, prohibits this reduction in staffing levels from saving any money.
|
|
By failing to spend the money, Pentagon officials believed they would be violating the Impoundment Control Act.
|
|
"This person expressed to me concerns about actions vis-à-vis the Impoundment Control Act," Sandy said.
|
|
The Congress has 45 days to act on the president's request as written in the Impoundment Control Act.
|
|
The modern budget process is a product of the Congressional Budget and Impoundment Control Act of 2023 (CBA).
|
|
It formulated procedures that provided for congressional control over the proposed impoundment of funds by the executive branch.
|
|
Under the Impoundment Control Act (ICA), the administration is obligated to spend the money as directed by Congress.
|
|
Some Democratic lawmakers have questioned whether Trump's actions ran afoul of laws like the Impoundment Control Act of 1974.
|
|
"We conclude that the ICA does not permit the impoundment of funds through their date of expiration," GAO wrote.
|
|
"It's a hard thing to get a word for because the E.P.A. calls it a 'surface impoundment,'" she said.
|
|
So far, President Trump has not taken any actions under the Impoundment Control Act of 1974 to rescind funding.
|
|
According to Sandy, one colleagues specifically disagreed with OMB general counsel about the application of the Impoundment Control act.
|
|
Historically, impoundment let presidents sequester funds in order to comply with constitutional imperatives — or just because they wanted to.
|
|
However, the Congressional Budget and Impoundment Control Act prohibits the President from withholding -- or impounding -- money appropriated by Congress.
|
|
In response, Congress passed the Congressional Budget and Impoundment Control Act of 1974, which reasserted its power over the purse.
|
|
At issue is the proper use of the reconciliation process which was created in the 2202 Budget and Impoundment Act.
|
|
Ships found in breach of the new rules will face fines or the risk of impoundment by IMO member states.
|
|
Other measures of the period include The Congressional Budget and Impoundment Control Act (93) which reasserted congressional control of spending.
|
|
As a technical matter, that is true, but the president must faithfully execute the laws, including the Impoundment Control Act.
|
|
Blankenship knew what he was doing; an engineer's legal testimony was that Blankenship wanted to save money in impoundment costs.
|
|
But a policy reason "is not permitted under the Impoundment Control Act" to withhold funds appropriated by Congress, GAO said.
|
|
The government has shut down 19 times since 1976, which is when Congress introduced the Congressional Budget and Impoundment Control Act.
|
|
The source of today's dysfunctions goes back more than 40 years, to the Congressional Budget and Impoundment Control Act of 1974.
|
|
In short, what the president did here was precisely the type of adventurism the Impoundment Control Act was designed to prevent.
|
|
Arguably, that's a violation of the 1974 presidential impoundment act, though Trump eventually relented to congressional pressure and released the money.
|
|
"If you are unable to obligate the funds, it will have been DoD's decision that cause any impoundment of funds," he wrote.
|
|
Short of changing the Impoundment Control Act of 1974 with a filibuster-proof majority, congressional Republicans could not prevent a GAO lawsuit.
|
|
Under the 85033 Impoundment Control Act (ICA), the president can ask Congress to rescind appropriated funds, which essentially cancels a previously-approved appropriation.
|
|
The nonpartisan Government Accountability Office reviewed the holdup of the Pentagon's aid for Ukraine and determined that it violated the Impoundment Control Act.
|
|
To assert greater influence over the nation's finances, Congress passed the Congressional Budget and Impoundment Control Act of 1974, establishing important new budgeting tools.
|
|
"Water is now exiting the cooling lake through breaches -- one large and several smaller -- on the southern end of the impoundment," the statement said.
|
|
The Democratic lawmakers want the inspector general to open an additional inquiry into whether White House interference violated the Impoundment Control Act (ICA) of 1974.
|
|
This was the year the Congressional Budget and Impoundment Control Act became law, allowing Congress to take an extension, known as a continuing resolution (CR).
|
|
The independent watchdog concluded that the funds were withheld to advance the president's own agenda, thus making it a violation of the Impoundment Control Act.
|
|
Last week, the Government Accountability Office concluded the Trump administration had violated the law, specifically the Impoundment Control Act, by withholding US security aid to Ukraine.
|
|
Not a crime, a violation of law The administration violated the Impoundment Control Act, but the law has no criminal penalties for people who break it.
|
|
The aides said that the Government Accountability Office report last week that said the President violated the Impoundment Control Act would be part of their case.
|
|
That same year, Congress enacted the Congressional Budget and Impoundment Control Act, (Budget Act), the law establishing most of the current budget process lawmakers still use today.
|
|
That committee's recommendations a year later led to the enactment of the Congressional Budget and Impoundment Control Act of 220006 (creating the very process now under fire).
|
|
The Congressional Budget and Impoundment Control Act of 1974, in fact, was designed to reassert the idea that Congress — not the Chief Executive — has authority over the budget.
|
|
For example, the Government Accountability Office recently concluded that Trump's secret hold on congressionally appropriated funds for Ukraine violated the Congressional Budget and Impoundment Control Act of 1974.
|
|
The government has now shut down a total of 21 times since Congress introduced the Congressional Budget and Impoundment Control Act, which established the federal budget process in 1976.
|
|
Earlier this month, the Government Accountability Office determined that the hold was illegal because it violated the Impoundment Control Act, which requires formal notification to Congress of any delay.
|
|
"In the immediate aftermath of the April 12 assault, federal law enforcement officers were forced to abandon the impoundment site, precluding them from conducting an immediate investigation," prosecutors said.
|
|
The GAO said that the White House budget office violated the Impoundment Control Act, a 1974 law that limits the White House from withholding funds that Congress has appropriated.
|
|
The White House budget office told the GAO that the money was withheld because they were reviewing the programs, meaning the delay wasn't subject to the Impoundment Control Act.
|
|
Smaller mining companies have to set aside cash, collateral or a surety bond to obtain permission to begin mining, which can leave behind impoundment ponds filled with toxic sludge.
|
|
Nixon was embattled by the Watergate scandal and unable to effectively push back, so in the end, the Congressional Budget and Impoundment Control Act of 1974 passed with huge majorities.
|
|
I know I put half of you to bed, but there is the Budget and Impoundment Act of 1974 that says if Congress appropriates money, you have to spend it.
|
|
The GAO concluded that the White House budget office had violated the Impoundment Control Act, a 1974 law that limits the White House from withholding funds that Congress has appropriated.
|
|
To ensure that the Trump administration is complying with the legally set appropriations levels, the Impoundment Control Act of 1974 empowers nonpartisan career staff in Congress to enforce the law.
|
|
The law that several officials feared the president was violating, the Impoundment Control Act, prohibits the president from blocking congressionally authorized funds from being paid out unless he notifies Congress.
|
|
The nonpartisan US Government Accountability Office on Thursday released a report that concluded the Trump administration broke the law, specifically the Impoundment Control Act, in freezing the aid to Ukraine.
|
|
An article on Friday about a report that said the White House violated a law by withholding aid to Ukraine described incorrectly the legislative history of the Impoundment Control Act.
|
|
"This person expressed to me concerns about actions vis-a-vis the Impoundment Control Act" over the Ukraine aid hold, Sandy said — suggesting the person was concerned the hold was illegal.
|
|
Anyone convicted of driving under the influence faces a 120-day license suspension, vehicle impoundment and an ignition interlock that will not allow a vehicle to start unless a driver is sober.
|
|
But Walk also worries about a structure that lies just 3 miles from his home — the Brushy Fork impoundment, a human-made "lake" filled with 8 billion gallons of coal waste water.
|
|
The DOJ also redacted several emails from McCusker near the end of August raising additional legal questions about withholding the aid and the possibility that Trump's actions violated the Impoundment Control Act.
|
|
Each faced more than a dozen charges for stopping a federally mandated impoundment of Cliven's cattle as payment for fines and fees, including conspiracy, assaulting and threatening federal officers and obstruction of justice.
|
|
The GAO, a nonpartisan watchdog that reports to Congress, said that the White House budget office violated the Impoundment Control Act, which limits the White House from withholding funds that Congress has appropriated.
|
|
The DOJ also redacted several emails from McCusker near the end of August raising additional legal questions about withholding the aid and the possibility that Trump&aposs actions violated the Impoundment Control Act.
|
|
There is a law, the Impoundment Control Act, that requires presidents to spend money that is appropriated by Congress, which would include the nearly $400 million in military and security aid for Ukraine.
|
|
The agency said the Office of Management and Budget violated the Impoundment Control Act when it withheld nearly $400 million for a "policy reason," even though the funds had been allocated by Congress.
|
|
The president, the lawyers believed, could ignore the requirements of the Impoundment Control Act and continue to hold the aid by asserting constitutional commander in chief powers that give him authority over diplomacy.
|
|
The prosecution described the defendants as armed, dangerous and intimidating to Bureau of Land Management and National Forest Service officers who were present to provide security during a court-ordered impoundment of Bundy's cattle.
|
|
The independent government watchdog released its report last week and concluded that by withholding the aid from Ukraine, the Office of Management and Budget (OMB) was in violation of the Impoundment Control Act (ICA).
|
|
At issue in GAO's legal opinion is how the Ukraine aid pause gels with the Impoundment Control Act of 1974, a law that sharply curbs the executive branch's authority to alter congressionally appropriated funds.
|
|
Let's sue everyone Scott attempted to force the impoundment of ballots and voting machines in Broward County, a motion rejected by a judge Monday, and a similar motion involving Palm Beach County was rejected Tuesday.
|
|
In his April 2014 confrontation with federal authorities, "Bundy organized and led over 400 followers to assault BLM officers as they guarded the impoundment site, all for the purpose of getting cattle back," prosecutors said.
|
|
Both have championed the idea -- Mulvaney on the administration side, McCarthy on Capitol Hill -- of deploying the Congressional Budget and Impoundment Control Act of 1974 to impose spending cuts that could make it through Congress.
|
|
" The Government Accountability Office (GAO) report claimed that Trump's decision to freeze the release of the security assistance violated the Impoundment Control Act (ICA) because funds approved by Congress were withheld "for a policy reason.
|
|
With mounting evidence of President Trump violating the Impoundment Control Act of 1974, I encourage GAO to investigate the Trump administration and ensure compliance with the appropriation levels to which President Trump has already agreed.
|
|
Here, she warned about potential violation of the Impoundment Control Act of 1974, which established procedures to prevent the President and other government officials from substituting their own funding decisions for those of the Congress.
|
|
Rand Paul (R-Ky.) went further, arguing that GAO got it wrong when the agency concluded the White House violated the Impoundment Control Act by declining to notify Congress of the delay in appropriated funds.
|
|
The president cannot independently cut spending — that power is reserved for Congress, as they control the purse strings — but under the Impoundment Control Act of 28500, the president has the authority to propose rescissions to Congress.
|
|
The Government Accountability Office released a report Thursday saying the Office of Management and Budget withheld the appropriated funds last summer in order to advance the president's own agenda in violation of the Impoundment Control Act.
|
|
"These parchment barriers are only as effective so far as when people in power hold themselves to the law," said James P. Pfiffner, a professor at George Mason University who wrote a book about the impoundment act.
|
|
A violation of the Impoundment Control Act in connection with the Ukraine funds is directly relevant to the first article of impeachment because it is a mechanism by which the president executed the alleged abuse of power.
|
|
The GAO found in its report that the White House had violated the Impoundment Control Act, which lays out the specific mechanism through which the executive branch can request that Congress reconsider the way it's allocated funds.
|
|
A. The term originated in the Congressional Budget and Impoundment Control Act of 603, which was intended to give Congress more control over the budget process by allowing lawmakers to set overall levels of spending and revenue.
|
|
And before the Ukraine affair came to light, lawyers in the White House budget office developed a legal theory that Mr. Trump had constitutional authority to withhold congressionally mandated military aid from Ukraine, overriding the Anti-Impoundment Act.
|
|
The GAO, a nonpartisan congressional watchdog, said in a decision issued Thursday that the White House budget office violated the Impoundment Control Act, a 1974 law that limits the White House from withholding funds that Congress has appropriated.
|
|
"This person expressed to me concerns about actions vis-à-vis the Impoundment Control Act," Sandy testified, adding that the lawyer said she had resigned in part because of the terms of the hold on Ukraine security assistance.
|
|
To fix the process itself, we must update the outdated Congressional Budget and Impoundment Act of 1974 (also known as the Budget Act), which is the framework we work within to exercise our Article I power of the purse.
|
|
Although the House and Senate convene in January, the outdated Congressional Budget and Impoundment Control Act of 1974, mandates that unless the Congress agrees on a budget resolution first, lawmakers cannot even consider these spending measures until May 15.
|
|
While the officially released version was heavily redacted — and the center is contesting the censorship in further litigation — the visible portions showed, among other things, that Pentagon officials had worried that holding the funds could be an illegal impoundment.
|
|
The Impoundment Control Act of 1974 was written to ensure that the practice of reserving funds did not become a way for reckless presidents (like Richard Nixon) to further their own policies and priorities at the expense of Congress's.
|
|
If Trump had wished to withhold funds to Ukraine for legitimate reasons of policy, he could have followed that process, but he broke the impoundment law rather than notifying Congress and making the case for delaying or rescinding funds.
|
|
The House adopted important bills while the Judiciary Committee did its work, including the War Powers Resolution, the Comprehensive Employment and Training Act, the Endangered Species Act, the Water Resources Development Act, and the Congressional Budget and Impoundment Control Act.
|
|
Some senators apparently view as no big deal President Trump's encouraging a foreign government to damage a political rival, regardless of the fact that, according to the General Accountability Office, he violated the Impoundment Control Act of 1974 by doing so.
|
|
The documents released by Van Hollen (D-Md.) indicate that GAO had asked the White House budget office for details on how the hold on military aid complied with the Impoundment Control Act, the law the GAO argues Trump violated.
|
|
Yesterday, the Government Accountability Office issued a legal decision finding that the White House's Office of Management and Budget violated the Impoundment Control Act when it withheld from obligation the portion of Ukraine assistance funds appropriated to the Department of Defense.
|
|
"I believe we have rights under the Impoundment Act because you can only hold on to those funds for a certain period of time, and I've heard from appropriators that there may be some action taken through that," said Rep.
|
|
Under the Impoundment Control Act of 1974, to rescind even a portion of appropriated funds, President Trump must (i) send a message to Congress informing it of his desire to rescind funding and (ii) print the message in the Federal Register.
|
|
Yarmuth and Lowey wrote that the decision to hold up congressionally approved funds over the summer represented a potential "abuse of authority" by the president on apportioning money, suggesting the move may have violated the Impoundment Control Act of 1974.
|
|
Yarmuth and Lowey wrote that the decision to hold up congressionally approved funds over the summer represented a potential "abuse of authority" by the president on apportioning money, suggesting the move may have violated the Impoundment Control Act of 1974.
|
|
On January 16, the GAO put out a strongly worded legal opinion regarding the Office of Management and Budget's decision to delay military aid to Ukraine, and determined that this move was in violation of the Impoundment Control Act of 1974.
|
|
Holding the Ukraine aid is something Trump has already confessed to — and doing so was a clear violation of the ICA, the GAO writes: The President has narrow, limited authority to withhold appropriations under the Impoundment Control Act of 1974.
|
|
Nita Lowey, D-New York, said in a statement, "Congress makes funding decisions, and the Trump Administration's illegal impoundment of these vital national security funds was a brazen assault on the checks and balances inherent to our democracy," Lowey said.
|
|
The request was so unusual that Sandy immediately told his boss that the freeze could violate an obscure federal law known as the Impoundment Control Act, which prohibits a sitting president from unilaterally withholding funds that were appropriated by Congress.
|
|
And there was a problem with this maneuver: Mr. Sandy was concerned it might violate a law called the Impoundment Control Act that protects Congress's spending power and prohibits the administration from blocking disbursement of the aid unless it notifies Congress.
|
|
Ms. Cooper, as well as other officials, repeatedly voiced concern that withholding the aid for a sustained period of time could run afoul of the Impoundment Control Act, which prevents the president from unilaterally deciding against spending money allocated by lawmakers.
|
|
Bundy is accused of conspiring to use the threat of force to prevent a court-ordered impoundment of his cattle, which the government said trespassed on federal land after the rancher had refused for 20 years to pay his grazing fees and assessments.
|
|
The way the current process is supposed to work – budget, then authorize then appropriate – was established in the 1974 Budget Act, legislation that arose out of a standoff between President Nixon and Congress over the former's overuse of impoundment power to withhold funds.
|
|
Democrats folded in the opinion of the Government Accountability Office (GAO), which concluded in a report released Thursday that the Trump administration's decision to freeze the release of security assistance to Ukraine violated the law known as the Impoundment Control Act (ICA).
|
|
In a legal opinion released Thursday, the US Government Accountability Office (GAO) found the Office of Management and Budget's (OMB) decision to keep $400 million in Pentagon assistance to Ukraine for a "policy reason" in violation of the Impoundment Control Act of 1974.
|
|
Chris Van Hollen, the Maryland Democrat who sought the Government Accountability Office report on the White House violating the Impoundment Control Act, said he thought the GAO's decision would become a significant part of the House's impeachment case that's presented in the Senate.
|
|
During the House impeachment inquiry, the Impoundment Control Act was not a focus, and it didn't wind up in the two articles of impeachment, but Van Hollen said now that a non-partisan watchdog has weighed in, it should take on added importance.
|
|
Next, the nonpartisan Government Accountability Office published a report January 16 finding that the Ukraine aid freeze did, in fact, break federal law by violating the Impoundment Control Act, which stipulates that congressionally appropriated funds must be spent within a given window.
|
|
Sandy said he later raised concerns to Duffey, a political appointee, that the hold could potentially violate the Impoundment Control Act of 1974, which spells out the steps that the president must take in order to pull back funds appropriated by Congress.
|
|
Although no violation of the criminal code is required for impeachment, this president has committed bribery, extortion, obstruction of a lawful congressional investigation, conspiracy, facilitation of foreign interference in an election, and the mishandling of congressionally appropriated funds in violation of the Impoundment Control Act.
|
|
Crucially, the department warned several times that continuing to withhold the aid violated the Impoundment Control Act, which stipulates that if the federal funds are not spent on their designated purpose within a certain period, they will be taken, or impounded, by the Treasury Department.
|
|
All four men are accused of conspiring to use the threat of force to prevent a court-ordered impoundment of Cliven Bundy's cattle, which the government said had trespassed on federal land after the rancher refused for 20 years to pay his grazing fees and assessments.
|
|
On July 2202, Iranian Republican Guard Corps (IRGC) ships seized a British-flagged tanker, the Stena Impero, and its 2628 crew members as it transited the Strait of Hormuz, in retaliation for Britain's impoundment of a Syrian-bound Iranian oil tanker off Gibraltar two weeks earlier.
|
|
Think of the well-settled rules regarding impoundment of funds allocated by Congress: If the president cannot frustrate Congress's will by unilaterally impounding funds Congress has demanded that he spend, on what basis may he decide to unilaterally override Congress's judgment about what officers are necessary?
|
|
Under the Budget and Impoundment Control Act of 1974, the president's power to impound appropriated funds — that is, his right to simply refuse to spend the funds — was removed and replaced with a much weaker authority to propose to Congress that certain appropriated funds be left unspent.
|
|
The decision applies only to funds that were appropriated to the Defense Department and not the State Department, because the O.M.B. and the State Department "have failed, as of yet, to provide the information we need to fulfill our duties" under the Impoundment Control Act regarding State Department funds.
|
|
The program, which the City Council is expected to approve this week, would make New York the first city in the country to use traffic camera violations to try to change the behavior of reckless drivers through education and the threat of impoundment, instead of relying on fines.
|
|
Sandy says freeze may have violated law Sandy said that when he learned the aid was withheld on July 19, after returning from a vacation, he raised legal concerns because the funds had to be obligated by September 30, the end of the fiscal year, under the Impoundment Control Act.
|
|
And while the Senate acquitted Mr. Trump this month of impeachment charges stemming from his decision to withhold military funding from Ukraine, the Government Accountability Office, a nonpartisan federal watchdog, found that Mr. Trump's actions violated the Impoundment Control Act, which limits a president's ability to refuse to spend money allocated by Congress.
|
|
"We have witnessed the endless procession of legal theories to sustain this partisan impeachment, from treason to quid pro quo to bribery to extortion to obstruction of justice to soliciting an illegal foreign campaign contribution to a violation of the Impoundment Control Act to who knows what all is next," Ray told senators.
|
|
The handling of the Ukraine aid has some legal experts raising the possibility that the Trump administration violated a Nixon-era law called the Impoundment Control Act of 1974, by withholding defense dollars intended for Ukraine in a way that did not allow the Pentagon enough time to spend all of the money.
|
|
But Democrats are likely to argue that Senate Republicans are trying to suppress evidence that's harmful to the President — particularly the new developments that have occurred since the House impeached Trump last month, such as the Government Accountability Office ruling that the President violated the Impoundment Control Act by withholding the Ukraine security assistance.
|
|
Van Hollen's urging, the GAO is looking into this critical issue — an important development following this troubling move by the Administration," said Bridgett Frey, Van Hollen's spokeswoman, noting that the Budget Committee also "voted yesterday on a bipartisan basis to strengthen the Impoundment Control Act and ensure we prevent this abuse in the future.
|
|
Sandy said that despite numerous requests, he did not receive a reason for withholding Ukraine's aid until early September, at which point he was told Trump had concerns that other countries gave insufficient aid compared to the U.S. Sandy testified that he had raised concerns about whether the freeze violated the Impoundment Control Act, and he was later removed from the process by a political appointee, Mike Duffey, on July 30.
|
|
The essential dilemma, with Trump, is that there is always a new path leading to the disaster site of his Administration: a Parnas interview; a hint from John Bolton, the former national-security adviser, that, if the Senate subpoenas him, he will have interesting things to say; a decision from the Government Accountability Office that the Administration's withholding of aid to Ukraine, during its pressure campaign, broke a law called the Impoundment Control Act.
|
|
While the tensions in the Sea of Azov have been percolating for months -- mainly with Russian forces increasing their presence in shared waters and by delaying and "harassing" commercial vessels entering and leaving Ukrainian ports -- few people expected Moscow to open a new front in its conflict in Ukraine by attacking its naval vessels Sunday, resulting in the alleged ramming of a vessel, injuries on the Ukrainian side, the impoundment of three naval vessels and detention of 23 servicemen.
|
|
Pentagon officials were concerned, she said, that doing so would violate the Impoundment Control Act, which bars the president from deciding unilaterally not to spend money appropriated by Congress Ms. Cooper's closed-door testimony was released as the impeachment inquiry is on the brink of a public phase, with nationally televised public hearings set to begin on Wednesday with appearances by William B. Taylor Jr., the top diplomat in Ukraine, and George P. Kent, a senior State Department official.
|
|
To wrestle back control of the budgeting process, Congress passed the Congressional Budget and Impoundment Control Act of 1974, which led to: Creation of the Congressional Budget OfficeCreation of the House and Senate Budget committeesShifting the government's fiscal year to October 1 through September 30A timeline for White House and congressional budgeting The 1974 budget act came into play in 1976, when Nixon's successor/pardoner, President Gerald Ford, vetoed the congressional appropriation bill for the Departments of Labor and Health, Education and Welfare.
|
|
On the day House managers transmitted two articles of impeachment to the Senate, the Government Accountability Office, a nonpartisan public auditor, reported that President TrumpDonald John TrumpDemocrats outraged over White House lawyer's claim that some foreign involvement in elections is acceptable Senators take reins of impeachment trial in marathon question session White House announces task force to monitor coronavirus MORE violated the Impoundment Control Act by unilaterally withholding $214 million of legislatively appropriated Defense Department aid for Ukraine without obtaining authorization from Congress.
|
|