President Donald Trump has told Congress he plans to cancel $4.9 billion in foreign aid that Congress had already approved. He is using a rarely used method called a “pocket rescission,” which has drawn criticism from Democrats and even some Republican senators who question whether it is legal.
The Office of Management and Budget (OMB) wants to take back this funding near the end of the fiscal year. If Congress does not act, the money could be canceled automatically. This move could also lead to a legal battle.
“For the first time in nearly 50 years, the President is using his authority under the Impoundment Control Act to deploy a pocket rescission, cancelling $4.9 billion in woke and weaponized foreign aid money that violates the President’s America First priorities,” Secretary of State Marco Rubio said.
The White House action could make it harder for Congress to reach a deal to avoid a government shutdown. Lawmakers must approve new funding by September 30 or large parts of the federal government could close. Democrats warn that pocket rescissions could complicate these talks.
“It is all illegal,” Rep. Rosa DeLauro, the top Democrat on the House Appropriations Committee, told CNN. “He continues to want to steal money that has been appropriated. We appropriated this money. They are just in such violation of the law.”
DeLauro said Democrats plan to push for more limits on Trump’s power in upcoming funding negotiations with Republicans. “We have to push for guardrails,” she said.
OMB Director Russell Vought has said the pocket rescission is a possible option, even though its legality has been questioned. Vought, who also served in the same role during Trump’s first term, has a detailed understanding of the president’s powers and the tools he can use to advance his agenda.
Many of his efforts focus on Congress’s control over spending and have been called illegal by Democrats and the Government Accountability Office. Some Republicans, though less outspoken, are also uneasy about this strong assertion of presidential power.
Democratic lawmakers and the Republican chair of the Senate Appropriations Committee criticized the move as against the law.
“Given that this package was sent to Congress very close to the end of the fiscal year when the funds are scheduled to expire, this is an apparent attempt to rescind appropriated funds without congressional approval,” said Maine Sen. Susan Collins, the top Senate appropriator. “Any effort to rescind appropriated funds without congressional approval is a clear violation of the law.”
Collins cited a Government Accountability Office ruling saying pocket rescissions are illegal.
Senate Minority Leader Chuck Schumer also condemned the plan, saying the “announcement of the Administration’s plan to advance an unlawful ‘pocket rescission’ package is further proof President Trump and Congressional Republicans are hellbent on rejecting bipartisanship and ‘going it alone’ this fall.”
With the government funding deadline approaching, a White House official said Friday that the administration prefers a “clean” short-term funding measure, known as a continuing resolution, and believes Democrats would be blamed if they oppose it.
“It’s very hard for me to believe that they are going to oppose a clean CR that would cause them to be responsible for a government shutdown,” the official said.
The White House official also said the administration believes the pocket rescission is on “firm legal ground” and would survive any court challenge.
Trump notified lawmakers in a letter Thursday that he would cancel $4.9 billion from the Department of State, the United States Agency of International Development (USAID), and other international programs.
That includes $3.2 billion from USAID development programs, $393 million from State Department peacekeeping activities, $322 million from the Democracy Fund, and more than $444 million in other peacekeeping aid.
This is Trump’s second effort to cut funding already approved by Congress. The notification triggers a 45-day pause in the targeted funding. If Congress does not act within that time, the funding automatically resumes. Since this proposal was sent near the end of the fiscal year, the funding could be canceled without any congressional action.
The last president to use a pocket rescission was President Jimmy Carter in 1977.
