This piece originally appeared at Legislative Procedure.
According to reports, President Trump plans to send a rescission package to Congress when lawmakers return to Capitol Hill after their two-week Easter recess. Trump wants Congress to cancel funding for various agencies it has already appropriated, totaling approximately $9 billion. Among the agencies affected by the spending cuts are the U.S. Agency for International Development (USAID) and the Corporation for Public Broadcasting.
The President Proposes, Congress Disposes
The Congressional Budget and Impoundment Control Act of 1974 (Public Law 93-344; the Budget Act) sets the rules regulating the rescission process in Congress. Title X requires the president to submit proposed funding cancellations - or impoundments - to the House and Senate for approval. It creates a special expedited process in both chambers to ensure lawmakers can promptly act on the proposed cuts. This is because the Budget Act requires the president to release funds proposed for cancellation if Congress fails to approve the cuts by passing a rescission bill. Section 1011(3) of the Budget Act defines a rescission bill as "a bill or joint resolution which only rescinds in whole or in part, budget authority proposed to be rescinded in a special message transmitted by the President" to Congress.
The president initiates the rescission process by notifying the House and Senate of proposed funding cancellations. Specifically, the president sends each chamber a "special message" detailing the proposed spending cuts and their justification. The president must transmit the special messages to the House and Senate on the same day. If Congress is not in session, the Budget Act directs the president to transmit the special message to the House clerk and the Secretary of the Senate.
