Congress Considering Recission

Some members of Congress are concerned about the political implications and Separation of Powers issues related to the administration’s decision to withhold certain appropriated funds. Senate Budget Chairman Graham (R-SC) has suggested addressing these concerns by having Congress vote to legally authorize the spending cuts through a process called recission.

The Impoundment Control Act (ICA) requires the president to send a recission message to Congress when intending to permanently withhold or delay the expenditure of appropriated funds. After receiving the message, the president may withhold the funds for 45 days of continuous congressional session. Once this period expires, funds must be released unless Congress passes a bill to rescind the related budget authority. The statute includes special procedures for Congress to consider funding rescissions, allowing the Senate to pass such bills by a simple majority vote.