Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

BumRushDaShow

(168,129 posts)
26. In response to this
Tue Feb 12, 2019, 05:55 AM
Feb 2019
A shutdown should only occur through a gross screw-up by congress. I fully agree, and that is a great idea you make reference to.


In 1980, a broad interpretation of the Anti-Deficiency Act (which has been amended several times over the past almost 150 years) essentially started the ball rolling on actually shutting down government functions when no appropriation has been enacted. Before 1980, agencies merely continued to expend at current levels until the new amounts were authorized, and lapses in appropriations did not lead to shutdowns.

A good article on this - https://www.theatlantic.com/politics/archive/2013/09/the-odd-story-of-the-law-that-dictates-how-government-shutdowns-work/280047/

Some other interesting related history -

Congressional Budget and Impoundment Control Act of 1974
July 12, 1974

The Congressional Budget and Impoundment Control Act of 1974, was signed into law creating the House Budget Committee on this date. The bill overhauled the Budget and Accounting Act of 1921, which had been intended to assist Congress in its appropriations role by requiring the President to submit an annual budget. As the process grew more institutionalized, Presidents sought to exert greater control over federal spending. Frustrated with President Richard M. Nixon’s impoundment of congressionally appropriated funds, Congress reasserted its budget authority. By shifting the federal government’s fiscal year from July 1 to October 1, Congress gained the time to respond to the President’s annual budget message and properly legislate federal spending. The act created both the House and Senate Budget Committees and the Congressional Budget Office (CBO). The CBO was charged with gathering data and estimates and supplying the committees with proper information to assist the federal budget process. The House Budget Committee became a standing committee on July 12, 1974, in the 93rd Congress (1973–1975), but it did not organize until August 14, 1974. Albert Ullman of Oregon served as the first chairman of the committee.

https://history.house.gov/Historical-Highlights/1951-2000/Congressional-Budget-and-Impoundment-Control-Act-of-1974/


Also, in the future, for routine governmental functions established by law the necessary appropriations could be attached to each bill to be good for as long as the bill remains a law.


This is already what they are supposed to be doing. Each Department/Agency is to have an appropriation associated with it and the various committees in both the House and Senate have hearings with representatives of those agencies after reviewing the Budget Request from the President, and then they start marking up the appropriations bills for eventual committee and full chamber votes. The problem is that the GOP has not prioritized having hearings for some departments that they feel are not important and have tried to craft appropriations language outside of the committee, and then ram it out of committee with only their votes or let it languish in committee until it is moved out in order to be jammed into an "Omnibus" or "Minibus" piece of legislation that combines the appropriations of multiple departments/agencies into a single or several bills.

So for the military spending congress needs to have the two year oversight to make adjustments


The problem is that "oversight" only seems to apply to everything thing else but this when the GOP is in charge.

The way I read it, it has nothing to do with making the appropriations, just an accounting where did the money come from


The "accounting" is where departments/agencies actually go through a financial reconciliation at the end of every FY. So, as an example, at my agency (I am now retired after 30+ years), they would start a phase-down of purchasing starting some time in August and by mid-September, the procurement system would be locked out for all but certain financial folks as they started working through the process of accounting for every penny. There are a number of different "buckets" of money that commitments and obligations use and some are not actually associated with appropriated money but must be accounted for. The spending reports are then sent to Congress for review.

Recommendations

0 members have recommended this reply (displayed in chronological order):

What does the 10th Amendment have to do with it? brooklynite Feb 2019 #1
You may be surprised Huin Feb 2019 #13
Yes, there's an option, under difficult conditions, for States to change the Constitution... brooklynite Feb 2019 #17
I agree Huin Feb 2019 #24
How Can Not Paying Workers be Legal? dlk Feb 2019 #2
It's not per the FLSA, but that's a civil crime and not a criminal one Major Nikon Feb 2019 #9
There will not be another shutdown come Friday malaise Feb 2019 #3
Don the Con: "Hold my Diet Coke". smirkymonkey Feb 2019 #5
Second that n/t obamanut2012 Feb 2019 #6
Even if he does it won't last long Major Nikon Feb 2019 #10
Man you made me laugh malaise Feb 2019 #11
This is wildly wrong manor321 Feb 2019 #4
You are correct in part. Huin Feb 2019 #16
You are misreading the 10th..and 9th individual rights.. The Bill of Rights AncientGeezer Feb 2019 #7
Interesting but lets talk about it. Huin Feb 2019 #18
I'm not misreading either...they have ZERO to do with the bugetary process. AncientGeezer Feb 2019 #28
What does the 9th say? Huin Feb 2019 #31
There's your misunderstanging of the 9th... AncientGeezer Feb 2019 #38
Read the 10th Amendment in conjunction with the ninth Huin Feb 2019 #41
The govt is never "shut down"... AncientGeezer Feb 2019 #42
You are right the 10th says nothing of the Federal budget process. Huin Feb 2019 #43
So, back in the day.... Turbineguy Feb 2019 #8
Obligatory nod BumRushDaShow Feb 2019 #15
Strange. Turbineguy Feb 2019 #21
Well... BumRushDaShow Feb 2019 #25
You made me look. Turbineguy Feb 2019 #30
Could depend on which BumRushDaShow Feb 2019 #32
Right you are. Huin Feb 2019 #20
What really burns me is that THEY (and you know who THEY are) Ferrets are Cool Feb 2019 #12
He needs money to pay his people Huin Feb 2019 #23
Any POTUS can veto ANY spending bill....Peroid. And it's Constitutional. AncientGeezer Feb 2019 #40
Sorry, but you need to look at the constitution and abide by it. Huin Feb 2019 #44
You are wrong..but you have shown that several times in this thread AncientGeezer Feb 2019 #45
That's why I explained to you what I meant by it Huin Feb 2019 #46
I did....others in this OP have. Art.1 Sec. 9 SS.7 clearly describes the process for funding. AncientGeezer Feb 2019 #47
"How can any shutdown be legal?" BumRushDaShow Feb 2019 #14
thank you for sanity. n/t 912gdm Feb 2019 #19
You also raise an excellent point. Huin Feb 2019 #22
In response to this BumRushDaShow Feb 2019 #26
Impressed by the complexity of this Huin Feb 2019 #34
The "shutdowns" are relatively "new" in the history of the country BumRushDaShow Feb 2019 #35
Not a lot of lawyers up this morning? HopeAgain Feb 2019 #27
What do you mean and what does the 10th stand for? Huin Feb 2019 #36
Nothing in the 10th Amendment give States power to control the federal government HopeAgain Feb 2019 #37
Legality has never been duforsure Feb 2019 #29
Bingo! peggysue2 Feb 2019 #33
Trump has got us chasing our tails. Manipulation is the game. jalan48 Feb 2019 #39
Latest Discussions»General Discussion»Another Shutdown? How can...»Reply #26