Rescissions: What are they, and what can we do?

“It would be inappropriate for any administration, under any circumstance, to attempt to override Congress’s most fundamental power.”

– 2019 bipartisan letter to Trump Administration from Senate Foreign Relations Committee Chairman and Ranking Member and House Foreign Affairs Committee Chairman and Ranking Member

The White House has asked Congress to approve a plan called a “rescissions” package to take back billions of dollars that were already approved for government spending. The plan includes cancelling funding important for global health and education programs. RESULTS advocates are some of the best people to speak up and protect these programs that fight poverty and save lives.

This blog will explain “rescissions”. In the coming days and weeks, there will be actions for RESULTS volunteer advocates to take. These actions will direct Congress to say ‘no’ to global anti-poverty program cuts proposed through rescissions. Bookmark and revisit the larger: emergency action to protect lifesaving foreign aid blog to stay up-to-date on action and breaking news.

Rescissions is a special process for cancelling money that Congress already approved but hasn’t been spent yet. Here’s a brief history:

Congress has one of the most important powers granted under the U.S. constitution — “the power of the purse.” This means the President cannot spend money unless Congress approves it first. But for a long time, it wasn’t clear if the President had to spend all the money Congress approved. In 1972, President Nixon refused to spend money that Congress had appropriated for social programs. This is called “impoundment”. This set off a series of lawsuits and led Congress to pass a new law: the Congressional Budget and Impoundment Control Act of 1974. 

According to the law, the President can ask to cancel funds that haven’t been spent yet. But the White House must follow a specific process and the ultimate decision sits with Congress. First, the president must send a request to Congress explaining which funds should be cancelled. Then, Congress has 45 days to decide. If Congress votes to approve all (or part) of the package, the money is officially cancelled. It only takes a simple majority to pass.This means a minority group of lawmakers cannot use the filibuster to block a rescissions package. 

Congress can say no to whatever the President proposes. It can also not respond at all. If either of those things happen, the President must spend the money the way Congress originally planned.

You can read more about Impoundment from the Government Accountability Office here.

Without rescissions, the administration legally must spend the intended money on global aid. 

Global aid funding is especially at risk for rescissions because development projects take time to plan and carry out. Money is often used gradually, over a few years, as the work moves forward. Taking it back now would break promises and could delay or destroy work already underway.

In the last few months, U.S. foreign aid programs have already seen major cuts and shutdowns, without warning or transparency. Thousands of projects have been disrupted or cancelled, leaving communities in crisis. These proposed rescissions would lock in that chaos and make the cuts permanent — unless Congress stops them.

In the past few months, the Trump Administration has moved with alarming speed to terminate U.S. foreign aid awards. “Awards” are an umbrella term for all the ways our government actually uses the money set aside for foreign aid. The Trump Administration argues they have the ability to terminate any and all awards. They have moved to terminate many. But even if the administration ends a particular award, it still must spend the money for the same purposes Congress intended. The government is legally required to spend the money on child survival, maternal health, and more.

It’s up to Congress to defend their constitutional power and the bipartisan foreign aid spending. It’s up to us to let them know their constituents demand it. 

Congress enacts the will of the people. It’s our most direct form of representation in the government. That’s why the Constitution gives Congress the power of the purse. Year after year, Congress has driven funding that supports transformational impact for global communities. RESULTS advocates cultivated strong relationships with lawmakers from all political leanings to make global aid a consistent, growing budget priority. 

Congress has stood up for aid before — and it worked. The Trump Administration tried to reduce foreign aid through rescissions in its first term. But these efforts didn’t get through Congress. Lawmakers from both parties and both the House and Senate strongly opposed the plans in 2018 and 2019. Because of the pushback, the administration dropped the idea.

Congress needs to hear from us. Bipartisan leadership created these programs — Congress must defend them now. Once the rescissions package is out, we’ll be tracking the latest here. 

Thank you for all you do!