Post by Bobby Kogan / Redsky

GAO is tasked in the Impoundment Control Act itself with adjudicating what constitutes an impoundment. Here's what Circular A-11 used to say about GAO

10.11 What are the responsibilities and functions of GAO? GAO is the investigative arm of the Congress. GAO helps the Congress meet its Constitutional responsibilities and helps improve the performance and accountability of the Federal Government for the American people. GAO examines the use of public funds, evaluates Federal programs and activities, and provides analyses, options, recommendations, and other assistance to help the Congress make effective oversight, policy, and funding decisions. In this context, GAO works to continuously improve the economy, efficiency, and effectiveness of the Federal Government through financial audits, program reviews and evaluations, analyses, legal opinions, investigations, and other services. GAO's activities are designed to ensure the Executive Branch's accountability to the Congress under the Constitution and the Government's accountability to the American people. GAO is dedicated to good government through its commitment to the core values of accountability, integrity, and reliability. For further information, refer to the GAO website.

sep 1, 2025, 4:07 pm • 60 12

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And here's what it says now. Strong message that, even when GAO finds the government to have illegally impounded - as it has done many times in the Trump administration - agencies should ignore it and just continue impounding anyway.

10.11 What are the responsibilities and functions of GAO? GAO is a Legislative Branch Agency that serves as an investigative arm of the Congress. GAO examines the use of public funds, programs and activities, and provides analyses, options, recommendations, and other assistance to help the Congress make oversight, policy, and funding decisions. GAO opinions are not binding on the Executive Branch. Executive Branch agencies, instead, must adhere to the opinions of the Department of Justice's Office of Legal Counsel, and are expected to comply with guidance from the OMB in interpreting relevant fiscal laws and administering federal programs.

sep 1, 2025, 4:07 pm • 77 21 • view

I suppose we shouldn't be surprised given that OMB sent a letter to GAO saying it would limit cooperation with GAO's oversight into its illegal impoundments. admin.govexec.com/media/genera...

sep 1, 2025, 4:07 pm • 55 11 • view

Next, they have changed 112.2 to claim the power to do pocket rescissions. On the left is the old section 112.2. On the right is the relevant part of the updated section 112.2.

112.2 What is the difference between an impoundment and a cancellation proposed by the President?  Impoundment means any Executive Branch action or inaction that withholds or precludes the obligation or expenditure of budget authority. In contrast, a cancellation proposal is a proposal by the President to reduce budgetary resources that are not subject to the requirements of Title X of the Congressional Budget and Impoundment Control Act of 1974. Importantly, amounts proposed for cancellation are not to be withheld from obligation. Such amounts are subject to the normal apportionment instructions (see section 120). There are two types of impoundments:  Rescission means enacted legislation that reduces budget authority (as defined in section 20.3) previously provided by law, prior to the time when the authority would otherwise expire. See section 112.18 for detailed instructions on rescission proposals by the President.  Deferral means any Executive Branch action or inaction that temporarily withholds or effectively precludes the obligation or expenditure of budgetary resources with the intent of using the funds before they expire. Deferrals are permitted only to provide for contingencies, to achieve savings made possible by or through changes in requirements or greater efficiency of operations, or as specifically provided by law. Deferrals are generally effected through the apportionment process. See section 112.4 for instructions on reports to the Congress.  Rescission proposals and deferrals are subject to the requirements of Title X of the Congressional Budget and Impoundment Control Act of 1974, which require the President to transmit a special message to the Congress (see section 20.4(i)).

112.2 What is the difference between a rescission proposal and a cancellation proposed by the President?  A rescission proposal is a proposal by the President to permanently reduce budgetary resources using the procedures specified in title X of the Congressional Budget and Impoundment Control Act of 1974. Amounts proposed for rescission may be withheld for 45 days of continuous session of the Congress, regardless of when during the fiscal year the rescission is proposed. In contrast, a cancellation proposal is a proposal by the President to reduce budgetary resources that is not subject to the requirements of Title X of the Congressional Budget and Impoundment Control Act of 1974. Importantly, amounts proposed for cancellation are not to be withheld from obligation on that basis. Such amounts are subject to the normal apportionment instructions (see section 120).

sep 1, 2025, 4:07 pm • 46 11 • view

But no matter what they say, pocket rescissions are illegal - and the exact part of the law that they claim *grants* the power actually directly prohibits it instead. However, even if the law did grant them the power, it would be unconstitutional under the LIVA decision. bsky.app/profile/bbko...

sep 1, 2025, 4:07 pm • 85 28 • view

And finally, they also changed 112.2 to assert broad deferral authority. On the left again is the old 112.2 language. On the right is the updated relevant language.

A deferral is defined in the Act as withholding or delaying the obligation or expenditure of budget authority, or any other type of Executive Branch action or inaction that effectively precludes the obligation or expenditure of budget authority. Given the overbroad nature of the statutory definition, the Act has long been interpreted to exclude from its definition of deferral: (1) the lawful exercise of apportionment and allotment authority under the Antideficiency Act, and (2) delays in obligations or expenditures that are programmatic in nature, which includes, among other things, the time necessary to establish a new program, change the scope or design of existing programs, or develop policies concerning program implementation to align with Administration policy. Deferrals are permitted only to provide for contingencies, to achieve savings made possible by or through changes in requirements or greater efficiency of operations, or as specifically provided by law. Deferrals are generally effected through the apportionment process. See section 112.4 for instructions on reports to the Congress.

sep 1, 2025, 4:07 pm • 40 7 • view

Section 1013 of the ICA is crystal clear that, if you want to defer budget authority, you need to go through the procedure laid out in Section 1013. So what's OMB's approach? Just (incorrectly) assert that all sorts of deferrals aren't actually deferrals.

PROPOSED DEFERRALS OF BUDGET AUTHORITY SEC. 1013. [2 U.S.C. 684] (a) TRANSMITTAL OF SPECIAL MESSAGE.—Whenever the President, the Director of the Office of Management and Budget, the head of any department or agency of the United States, or any officer or employee of the United States proposes to defer any budget authority provided for a specific purpose or project, the President shall transmit to the House of Representatives and the Senate a special message specifying— (1) the amount of the budget authority proposed to be deferred; (2) any account, department, or establishment of the Government to which such budget authority is available for obligation, and the specific project or governmental functions involved; (3) the period of time during which the budget authority is proposed to be deferred; (4) the reasons for the proposed deferral, including any legal authority invoked to justify the proposed deferral; (5) to the maximum extent practicable, the estimated fiscal, economic, and budgetary effect of the proposed deferral; and (6) all facts, circumstances, and considerations relating to or bearing upon the proposed deferral and the decision to effect the proposed deferral, including an analysis of such facts, circumstances, and considerations in terms of their application to any legal authority, including specific elements of legal authority, invoked to justify such proposed deferral, and to the maximum extent practicable, the estimated effect of the proposed deferral upon the objects, purposes, and programs for which the budget authority is provided.

A special message may include one or more proposed deferrals of budget authority. A deferral may not be proposed for any period of time extending beyond the end of the fiscal year in which the special message proposing the deferral is transmitted to the House and the Senate. (b) CONSISTENCY WITH LEGISLATIVE POLICY144.—Deferrals shall be permissible only— (1) to provide for contingencies; (2) to achieve savings made possible by or through changes in requirements or greater efficiency of operations; or (3) as specifically provided by law. No officer or employee of the United States may defer any budget authority for any other purpose.145 (c) EXCEPTION.—The provisions of this section do not apply to any budget authority proposed to be rescinded or that is to be reserved as set forth in a special message required to be transmitted under section 1012.

sep 1, 2025, 4:07 pm • 49 13 • view

Same as with the definition of impoundment, they're doing the meme.

can't be an illegal deferral if we redefine it as not a deferral

sep 1, 2025, 4:07 pm • 31 3 • view

This'd be incredibly broad power to pause anything they want for as long as they want. Just say you want to change the scope or realign with admin policy, and now you can pause forever.

sep 1, 2025, 4:07 pm • 31 8 • view

GAO and normal humans understand that things outside of an agency's control can cause delays on budget execution. GAO holds up Trump admin's NIH & Head Start deferrals as examples of stuff that obviously isn't allowed. You may not defer for policy reasons. The admin's just claiming unlimited power.

sep 1, 2025, 4:07 pm • 41 9 • view

Russ Vought has been very clear from the beginning that he thinks the Trump admin can (illegally) impound anything they want. They have been impounding since day one. These changes to Circular A-11 are just motivated reasoning to get to the answer they want.

sep 1, 2025, 4:07 pm • 70 22 • view

IMO it just proves how stupid they are. Changing information on a website doesn’t suddenly make it true. Vought is a slim ball.

sep 1, 2025, 4:21 pm • 1 1 • view

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sep 1, 2025, 7:17 pm • 0 0 • view

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sep 1, 2025, 7:16 pm • 0 0 • view

See also new 145.8 that directs agencies to not seek GAO opinions on ADA matters,whether formally or informally.

sep 1, 2025, 4:43 pm • 0 0 • view