Trump cuts another $5 billion in funding without Congress. Is that legal?

President Trump is bypassing Congress to unilaterally cut $5 billion in foreign aid from the federal budget. The president’s use of what’s called a pocket rescission is being described as illegal by both Republican and Democratic members of Congress.

What is the president cutting? 

President Trump informed Congress last week that he’s cutting $3.2 billion from the United States Agency for International Development, approximately $1 billion from the State Department and $445 million from the Peace Corps. 

That money was allocated to numerous programs, including: $400 million per year for global climate projects, $322 million to the USAID Democracy Fund, $393 million for international peacekeeping activities, which the administration stated had failed to meet their mission, and $521 million in contributions to international organizations.

How did Congress respond? 

“Any effort to rescind appropriated funds without congressional approval is a clear violation of the law,” Sen. Susan Collins, R-Maine, said. “Instead of this attempt to undermine the law, the appropriate way is to identify ways to reduce excessive spending through the bipartisan, annual appropriations process.” 

“Donald Trump wants to zero out more bipartisan investments in our national security and global leadership,” Sen. Patty Murray, D-Wash., said. “No lawmaker should accept this absurd, illegal ploy to steal their constitutional power to determine how taxpayer dollars get spent.”

What is a pocket rescission? 

The Impoundment Control Act allows the president to send requests to Congress to cut specific items from the federal budget. The president must say how much money he wants to rescind, the accounts it will be taken from, the reason and the projected budgetary and economic impact. 

Congress has 45 days to approve the request, during which time the money is frozen. That’s where pocket rescissions come in. 

The fiscal year ends Sept. 30 each year. If the president sends a rescissions request to Congress within 45 days of that date, the funds are frozen for the remainder of the fiscal year and, for all intents and purposes, cut from the budget.

There are arguments for and against the practice. Sen. Tim Kaine. D-Va., said it is illegal.

“Congress is the appropriator under the Constitution. I don’t think the White House can use tricks to change the meaning of the Constitution,” Kaine told SAN. 

Democrats are warning Republicans that if the White House tries to cut any more funding that Congress agreed to spend on a bipartisan basis, they may not be able to support the budget package for fiscal year 2026. 

Sen. Rick Scott, R-Fla., said it’s okay for the White House to take steps to reduce spending. SAN asked him in July if he believed allowing these rescissions cedes power to the executive branch that should belong to the legislative branch.

“Remember, I’m an individual that liked line-item veto when I was governor, so I think allowing the president to come forward with ideas to reduce spending, I’m all for,” Scott said.

There’s little that could be done to force the White House to spend the money. An organization that is set to lose funding could sue, but it’s unlikely the courts could process the case before the fiscal year ends on the last day of September.

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