President Donald Trump informed congressional leaders Friday that he has unilaterally canceled almost $1 billion without Congress’ consent — employing a budget maneuver many lawmakers consider illegal.
In a move that will almost certainly set up an ugly government funding battle after the midterms, Trump has again claimed the power to execute a so-called “pocket rescission” to nix money Congress has already enacted. The money his administration will claw back is for for immigration services, support to foreign countries, education programs, health research efforts and assistance for businesses owned by minorities.
By law, the president is allowed to send Congress a request to rescind federal funding, then withhold that money for 45 days while lawmakers consider whether to approve, reject or ignore it. Trump administration officials also argue they have the power to cancel funding without any congressional action by sending Congress a rescission request with less than 45 days left in the fiscal year. The argument is that the money automatically gets canceled on Sept. 30, when funding lapses at the end of the fiscal year.
Last year, Trump canceled $4.9 billion in foreign aid.
The Senate’s top Republican appropriator, Sen. Susan Collins of Maine, immediately blasted the move as illegal, saying in a statement Friday night that “any effort to rescind appropriated funds without congressional approval is a clear violation of the law.”
“This move shows that OMB intentionally withheld these funds for months to execute this unlawful cancellation of appropriations that were approved on a bipartisan basis and signed into law,” Collins added, pledging to work with other lawmakers “to address these illegal actions.”
Collins and other appropriators have already been on high alert in recent days, pressing multiple agencies about funding officials have yet to spend ahead of the expiration date.
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