Discretionary spending in the House Budget resolution -- what am I missing?

Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:The executive branch right now is NOT executing to the spending levels congress already appropriated, halting funds to things they don't like. What makes you think they will follow anything congress says. That's the issue.


Again, you have to seriously believe that impoundment is on the table. If so, we have issues which will have far greater repercussions. I am not sure the Admin has votes in the SC in their favor - Roberts and ACB are likely nos, so that makes a 5-4 decision against them, at best (and I'm not sure they can count on Gorsuch/Kavanaugh either), compelling them to spend. This is saber-rattling.


What the Muskrats are doing right now is impoundment. Many of the ED programs they cancelled a few weeks ago were required by statute. That meant nothing when they slashed and burned them. We’re already there, budget agreement or no.


I am not sure that the specific contracts were statutory. Is there a list of actual authorized/appropriated spending that has been cancelled/impounded? It is just 4 months into the fiscal year.


Yes, they were. Regional Education Labs and Comprehensive Centers are both required by statute. And they were illegally axed overnight.


Thanks. I wonder if there is a ProPublica list. I can see that they think they can get away with a few B$ in impounded funds, but not wholesale reductions.


Look up Title 4 grants with HUD. Required by statute, canceled Thursday. Same with green energy contracts under DOT. Required in IRA, canceled since ~ Jan 25. We’re well past impoundment. Even if they unfreeze the funds later, the delay in timely obligation is an illegal impoundment (one that is done for policy reasons).

Finally, the Budget Resolution cannot affect discretionary spending, because the Budget Committees cannot issue instructions to the appropriations committees.


Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:The executive branch right now is NOT executing to the spending levels congress already appropriated, halting funds to things they don't like. What makes you think they will follow anything congress says. That's the issue.


Again, you have to seriously believe that impoundment is on the table. If so, we have issues which will have far greater repercussions. I am not sure the Admin has votes in the SC in their favor - Roberts and ACB are likely nos, so that makes a 5-4 decision against them, at best (and I'm not sure they can count on Gorsuch/Kavanaugh either), compelling them to spend. This is saber-rattling.


What the Muskrats are doing right now is impoundment. Many of the ED programs they cancelled a few weeks ago were required by statute. That meant nothing when they slashed and burned them. We’re already there, budget agreement or no.


I am not sure that the specific contracts were statutory. Is there a list of actual authorized/appropriated spending that has been cancelled/impounded? It is just 4 months into the fiscal year.


Yes, they were. Regional Education Labs and Comprehensive Centers are both required by statute. And they were illegally axed overnight.


Thanks. I wonder if there is a ProPublica list. I can see that they think they can get away with a few B$ in impounded funds, but not wholesale reductions.


Look up Title 4 grants with HUD. Required by statute, canceled Thursday. Same with green energy contracts under DOT. Required in IRA, canceled since ~ Jan 25. We’re well past impoundment. Even if they unfreeze the funds later, the delay in timely obligation is an illegal impoundment (one that is done for policy reasons).

Finally, the Budget Resolution cannot affect discretionary spending, because the Budget Committees cannot issue instructions to the appropriations committees.




Thanks. This is the analysis I was looking for. But the Budget Committees do set the top line numbers don't they? If you look at the previous reconciliation instructions from the Build back better era (2021), the topline numbers for all the spending categories were essentially adhered to (some small percentage fluctuations notwithstanding). I think the Budget Control act does require that the topline numbers set the limits that are set for individual appropriations committees.
https://crsreports.congress.gov/product/pdf/IN/IN12353
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:The executive branch right now is NOT executing to the spending levels congress already appropriated, halting funds to things they don't like. What makes you think they will follow anything congress says. That's the issue.


Again, you have to seriously believe that impoundment is on the table. If so, we have issues which will have far greater repercussions. I am not sure the Admin has votes in the SC in their favor - Roberts and ACB are likely nos, so that makes a 5-4 decision against them, at best (and I'm not sure they can count on Gorsuch/Kavanaugh either), compelling them to spend. This is saber-rattling.


What the Muskrats are doing right now is impoundment. Many of the ED programs they cancelled a few weeks ago were required by statute. That meant nothing when they slashed and burned them. We’re already there, budget agreement or no.


I am not sure that the specific contracts were statutory. Is there a list of actual authorized/appropriated spending that has been cancelled/impounded? It is just 4 months into the fiscal year.


For one, the just eliminated SSA’s EEOC office. Which is statutorily required. Easiest of the top of my head because I work there and had an accommodation there to be signed off on. That now no one knows what to do with.
Anonymous
The big tax cuts talking point is also a little deceptive. The current individual tax rates are set to expire at all levels of income (expiration done so they could in some way control the cost) and Republicans are trying to find funds to prevent those rates from increasing. It is technically a tax cut but people won’t feel a tax cut. If Republicans are not successful taxes will go up for all. I’m not saying the way they would pay for it (Medicaid) is ok. Just that we all get lost in the language used to attack each side.
Anonymous
Anonymous wrote:The big tax cuts talking point is also a little deceptive. The current individual tax rates are set to expire at all levels of income (expiration done so they could in some way control the cost) and Republicans are trying to find funds to prevent those rates from increasing. It is technically a tax cut but people won’t feel a tax cut. If Republicans are not successful taxes will go up for all. I’m not saying the way they would pay for it (Medicaid) is ok. Just that we all get lost in the language used to attack each side.


Yes -- that's the "current policy v/s prior to TCJA enactment" baseline issue. It's not just attacks -- CBO scores the impact on the deficit based on the current situation (i.e. TCJA expires as scheduled) and Republicans note that the consideration should be that TCJA is the current law and so extending it will have no impact on the deficit (we are already incurring them).
Anonymous
Personally I’d like the SALT cap to go away as that will save me taxes. So, I’m fine if the whole thing just expires….
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:The executive branch right now is NOT executing to the spending levels congress already appropriated, halting funds to things they don't like. What makes you think they will follow anything congress says. That's the issue.


Again, you have to seriously believe that impoundment is on the table. If so, we have issues which will have far greater repercussions. I am not sure the Admin has votes in the SC in their favor - Roberts and ACB are likely nos, so that makes a 5-4 decision against them, at best (and I'm not sure they can count on Gorsuch/Kavanaugh either), compelling them to spend. This is saber-rattling.


What the Muskrats are doing right now is impoundment. Many of the ED programs they cancelled a few weeks ago were required by statute. That meant nothing when they slashed and burned them. We’re already there, budget agreement or no.


I am not sure that the specific contracts were statutory. Is there a list of actual authorized/appropriated spending that has been cancelled/impounded? It is just 4 months into the fiscal year.


Yes, they were. Regional Education Labs and Comprehensive Centers are both required by statute. And they were illegally axed overnight.


Thanks. I wonder if there is a ProPublica list. I can see that they think they can get away with a few B$ in impounded funds, but not wholesale reductions.


Look up Title 4 grants with HUD. Required by statute, canceled Thursday. Same with green energy contracts under DOT. Required in IRA, canceled since ~ Jan 25. We’re well past impoundment. Even if they unfreeze the funds later, the delay in timely obligation is an illegal impoundment (one that is done for policy reasons).

Finally, the Budget Resolution cannot affect discretionary spending, because the Budget Committees cannot issue instructions to the appropriations committees.




Thanks. This is the analysis I was looking for. But the Budget Committees do set the top line numbers don't they? If you look at the previous reconciliation instructions from the Build back better era (2021), the topline numbers for all the spending categories were essentially adhered to (some small percentage fluctuations notwithstanding). I think the Budget Control act does require that the topline numbers set the limits that are set for individual appropriations committees.
https://crsreports.congress.gov/product/pdf/IN/IN12353


The budget committees do set the discretionary top lines, called 302 (a)s. They can do this through a Budget resolution or a deeming resolution (called a deemer). However, they do not become “controlling” or binding unless they are also passed by the H/S and signed by the President (which Budget Resolutions are not). Otherwise, it’s just a gentleman’s agreement about what will trigger points of order in the House or the Senate. That’s why it’s called a resolution, not a law or bill. If the House Budget Resolution and the Senate Budget Resolution have the same discretionary top lines, then they’re good, provided they can hold the caucus together for the next 18 months. But if they can’t, then there’s nothing to say that they can’t increase or decrease the top lines, or pass wildly incongruent bills through each chamber and face a total shitshow at conference.

What was important is that the top lines for last year and this year were set in the FRA (fiscal responsibility act). Typically, to get everyone to actual hold hands, they add some stuff that needs to be legislated, like the debt limit, or health care extenders, or tax credits. Then they put statutory 302 (a)s in like they did a few years ago.
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:The budget passed by congress is meaningless. The sky is falling because Musk is demolishing agencies, firing federal workers, and terminating grants and contracts, all of which is based on funding already approved by congress. So if congress passes a new budget with the same funding as last year for ED or NOAA or any other agency it means nothing because of the illegal slashing of government by DOGE.


All of this. The budget will be meaningless as far as the executive branch goes.

And they are taking the impoundment issue all the way to scotus. They are already impounding funds. They will keep doing it.


This is true, but SCOTUS has generally upheld the impounding act, even recently. I think this will be a court battle that will take some time to play out because even if they rule quickly, he'll look for sideways ways to avoid spending the money, as he has been doing in NIH despite court orders. Ultimately, impoundment act wlll be upheld and spending will be pushed through, but for some time services and oversight will be terrible because of lack of staff. All this mess could easily take 4 years to play out. So either way, we're waiting for another administration to get back to something more normal.


OP here -- that's my read on this. Yes -- the damage will be quite bad, even this fiscal year. But I think (at least from approps perspective), things should be better in FY26. I don't know how they'll bring back USAID or fix the wreckage in the other sectors though. Pity the remaining Feds who will have 2-3X workloads.


IMO, USAID is not coming back. At least not until the next Democratic administration.
Anonymous
Anonymous wrote:
Anonymous wrote:The executive branch right now is NOT executing to the spending levels congress already appropriated, halting funds to things they don't like. What makes you think they will follow anything congress says. That's the issue.


Again, you have to seriously believe that impoundment is on the table. If so, we have issues which will have far greater repercussions. I am not sure the Admin has votes in the SC in their favor - Roberts and ACB are likely nos, so that makes a 5-4 decision against them, at best (and I'm not sure they can count on Gorsuch/Kavanaugh either), compelling them to spend. This is saber-rattling.


Believe? It’s already HAPPENING!! Wake upppp
Anonymous
Read or have ChatGPT summarize for you:

https://crsreports.congress.gov/product/pdf/R/R46468
Anonymous
It seems like there might be a typo in your question. I assume you meant “What does impounding funds mean?” Based on that, here’s the explanation:
“Impounding funds” refers to the act of withholding or delaying the spending of money that has been allocated or appropriated, typically by a government or authority, for a specific purpose. In the context of government, it often involves an executive (like a president or governor) choosing not to spend funds that a legislative body (like Congress) has designated for a program, project, or expense. This can be done temporarily (a deferral) or with the intent to cancel the spending entirely (a rescission).
Key Points:
• Historical Use: In the U.S., presidents have historically impounded funds to avoid spending on projects they deemed unnecessary or wasteful. For example, Thomas Jefferson in 1803 delayed spending $50,000 allocated for gunboats when the need diminished after the Louisiana Purchase.
• Legal Context: The practice became controversial, especially under President Nixon, who impounded billions in the 1970s, prompting Congress to pass the Impoundment Control Act of 1974. This law limits the president’s ability to impound funds unilaterally, requiring congressional approval for rescissions and setting rules for deferrals.
• Purpose: Impounding can be a tool to control budgets, prioritize spending, or push policy goals, but it’s also seen as a challenge to legislative authority over the “power of the purse.”
• Modern Meaning: Today, “impounding funds” might also refer to escrow accounts in mortgages, where lenders hold funds to pay property taxes or insurance, but your question seems to lean toward the governmental context.
In short, impounding funds means holding back money that’s been set aside, often sparking debates about who really controls spending—executives or lawmakers. If you meant something else by “impounding fund,” feel free to clarify!
Anonymous
Anonymous wrote:It seems like there might be a typo in your question. I assume you meant “What does impounding funds mean?” Based on that, here’s the explanation:
“Impounding funds” refers to the act of withholding or delaying the spending of money that has been allocated or appropriated, typically by a government or authority, for a specific purpose. In the context of government, it often involves an executive (like a president or governor) choosing not to spend funds that a legislative body (like Congress) has designated for a program, project, or expense. This can be done temporarily (a deferral) or with the intent to cancel the spending entirely (a rescission).
Key Points:
• Historical Use: In the U.S., presidents have historically impounded funds to avoid spending on projects they deemed unnecessary or wasteful. For example, Thomas Jefferson in 1803 delayed spending $50,000 allocated for gunboats when the need diminished after the Louisiana Purchase.
• Legal Context: The practice became controversial, especially under President Nixon, who impounded billions in the 1970s, prompting Congress to pass the Impoundment Control Act of 1974. This law limits the president’s ability to impound funds unilaterally, requiring congressional approval for rescissions and setting rules for deferrals.
• Purpose: Impounding can be a tool to control budgets, prioritize spending, or push policy goals, but it’s also seen as a challenge to legislative authority over the “power of the purse.”
• Modern Meaning: Today, “impounding funds” might also refer to escrow accounts in mortgages, where lenders hold funds to pay property taxes or insurance, but your question seems to lean toward the governmental context.
In short, impounding funds means holding back money that’s been set aside, often sparking debates about who really controls spending—executives or lawmakers. If you meant something else by “impounding fund,” feel free to clarify!


OP here -- I completely understand what impounding funds means. I was referring to the fact that while it seems that de facto, the admin is refusing to spend the money appropriated by Congress, I am not sure that they will push it far enough to defy SCOTUS (when it comes to it). Meanwhile, all indications are that most agency budgets (as expressed in the House budget resolution) are not that different from past topline numbers. Since these topline numbers in general form the guidelines for appropriations, these would not be too far from current year appropriations. There might be a constitutional crisis related to the Impoundment control act, I don't see it. Yes, the current damage is quite large, but I am not sure it will stay that way.
Anonymous
Anonymous wrote:
Anonymous wrote:It seems like there might be a typo in your question. I assume you meant “What does impounding funds mean?” Based on that, here’s the explanation:
“Impounding funds” refers to the act of withholding or delaying the spending of money that has been allocated or appropriated, typically by a government or authority, for a specific purpose. In the context of government, it often involves an executive (like a president or governor) choosing not to spend funds that a legislative body (like Congress) has designated for a program, project, or expense. This can be done temporarily (a deferral) or with the intent to cancel the spending entirely (a rescission).
Key Points:
• Historical Use: In the U.S., presidents have historically impounded funds to avoid spending on projects they deemed unnecessary or wasteful. For example, Thomas Jefferson in 1803 delayed spending $50,000 allocated for gunboats when the need diminished after the Louisiana Purchase.
• Legal Context: The practice became controversial, especially under President Nixon, who impounded billions in the 1970s, prompting Congress to pass the Impoundment Control Act of 1974. This law limits the president’s ability to impound funds unilaterally, requiring congressional approval for rescissions and setting rules for deferrals.
• Purpose: Impounding can be a tool to control budgets, prioritize spending, or push policy goals, but it’s also seen as a challenge to legislative authority over the “power of the purse.”
• Modern Meaning: Today, “impounding funds” might also refer to escrow accounts in mortgages, where lenders hold funds to pay property taxes or insurance, but your question seems to lean toward the governmental context.
In short, impounding funds means holding back money that’s been set aside, often sparking debates about who really controls spending—executives or lawmakers. If you meant something else by “impounding fund,” feel free to clarify!


OP here -- I completely understand what impounding funds means. I was referring to the fact that while it seems that de facto, the admin is refusing to spend the money appropriated by Congress, I am not sure that they will push it far enough to defy SCOTUS (when it comes to it). Meanwhile, all indications are that most agency budgets (as expressed in the House budget resolution) are not that different from past topline numbers. Since these topline numbers in general form the guidelines for appropriations, these would not be too far from current year appropriations. There might be a constitutional crisis related to the Impoundment control act, I don't see it. Yes, the current damage is quite large, but I am not sure it will stay that way.


Have you read none of Project 2025? Defying the courts is the actual plan. It’s getting so exhausting talking to people who are just gaslighting themselves or denying reality or having read anything or whatever it is that’s going on here.
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:Someone had to bring the suit first. There have been SC decisions already halting what DOGE is doing in some cases, are those being followed?


Roberts froze the order in the USAID funding suit which required the government to pay for work that has ALREADY been performed.

OP, this is already happening. They don’t care what’s in the budget for XYZ agency. They’re going to cut half the staff and the statutory mission anyway.

Did you see what they said about CFPB? They intended to cut it to “five men in a room with a phone.” Do you think any agency can perform its function with five people? That’s what they think of agencies.


Again, CFPB is not subject to Congressional approps. USAID is a contractual issue. They would only have impounded funds if and when there are funds left over at the end of the fiscal year. Even the NIH issue is dubious -- councils have started meeting and funds are going out if VERY slowly. Most of the Medicaid/Head start and other funds frozen in Jan are back on.


I know this about CFPB because I worked there. My point is this: They are already refusing to pay out on contracts for work performed. Roberts has already stepped in, temporarily, to prevent the government from being ordered to pay out on these contracts. They are also ignoring a TRO related to EPA funding. The courts cannot keep up.

And finally, their intention is to dismantle many agencies so that they exist in name only, with a fraction of the staff. USAID and CFPB are test cases. Whatever Congress appropriates will not matter. CFPB is especially in danger given that the director requests funding and the current acting asked for $0. They’re also trying to bring it under appropriations. But it doesn’t matter if an agency is appropriated; they will still gut the staff, probably by 50% at most.

I wish I shared your optimism about scotus but as already seen, they can do massive damage by kind of pretending but actually flat out ignoring court orders.


I think Roberts is trying to delay as long as possible issuing a ruling that orders the Trump administration to do something (ie, spend appropriated funds) which Trump will then ignore.

Because then what?


No, Roberts is not slow walking this. He picked up both the USAID payment issue and the OSC firing issue very quickly, he could have legitimately waited on both of these for weeks or longer but instead moved quickly to take them up.

I anticipate he'll try to find some way to thread the needle and find some middle route - but on the other hand, Republican actions are not going well with the public right now. All of Congress is getting buried by angry constituents, the budget deal looks disastrous, the Ukraine meeting was a debacle, and the economy is crashing. Etc. Trump is a figurehead for Project 2025 but he is not the architect and he can abandon it at any time, when he starts to get in real trouble. From a purely political calculus, the administration is looking less and less strong and untouchable.
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:Someone had to bring the suit first. There have been SC decisions already halting what DOGE is doing in some cases, are those being followed?


Roberts froze the order in the USAID funding suit which required the government to pay for work that has ALREADY been performed.

OP, this is already happening. They don’t care what’s in the budget for XYZ agency. They’re going to cut half the staff and the statutory mission anyway.

Did you see what they said about CFPB? They intended to cut it to “five men in a room with a phone.” Do you think any agency can perform its function with five people? That’s what they think of agencies.


Again, CFPB is not subject to Congressional approps. USAID is a contractual issue. They would only have impounded funds if and when there are funds left over at the end of the fiscal year. Even the NIH issue is dubious -- councils have started meeting and funds are going out if VERY slowly. Most of the Medicaid/Head start and other funds frozen in Jan are back on.


I know this about CFPB because I worked there. My point is this: They are already refusing to pay out on contracts for work performed. Roberts has already stepped in, temporarily, to prevent the government from being ordered to pay out on these contracts. They are also ignoring a TRO related to EPA funding. The courts cannot keep up.

And finally, their intention is to dismantle many agencies so that they exist in name only, with a fraction of the staff. USAID and CFPB are test cases. Whatever Congress appropriates will not matter. CFPB is especially in danger given that the director requests funding and the current acting asked for $0. They’re also trying to bring it under appropriations. But it doesn’t matter if an agency is appropriated; they will still gut the staff, probably by 50% at most.

I wish I shared your optimism about scotus but as already seen, they can do massive damage by kind of pretending but actually flat out ignoring court orders.


I think Roberts is trying to delay as long as possible issuing a ruling that orders the Trump administration to do something (ie, spend appropriated funds) which Trump will then ignore.

Because then what?


No, Roberts is not slow walking this. He picked up both the USAID payment issue and the OSC firing issue very quickly, he could have legitimately waited on both of these for weeks or longer but instead moved quickly to take them up.

I anticipate he'll try to find some way to thread the needle and find some middle route - but on the other hand, Republican actions are not going well with the public right now. All of Congress is getting buried by angry constituents, the budget deal looks disastrous, the Ukraine meeting was a debacle, and the economy is crashing. Etc. Trump is a figurehead for Project 2025 but he is not the architect and he can abandon it at any time, when he starts to get in real trouble. From a purely political calculus, the administration is looking less and less strong and untouchable.


On the one hand I agree with this analysis in a sane world and a sane administration.

On the other, they don't seem to be acting like 2026 and future elections are a factor.
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