Romina Boccia
Romina Boccia and Dominik Lett
The Department of Government Efficiency (DOGE) has encountered repeated legal setbacks as a result of its efforts to shrink the federal workforce, cut costs, and reshape the executive branch. Part of the challenge that the administration faces is a constitutional one—Congress, not the executive or judicial branches, is vested with the power of the purse. This means that congressional action is unavoidable if the administration wants to deliver substantial, lasting savings.
To add legitimacy to DOGE’s efforts to cut spending and encourage Congress to take responsibility, the president should submit a rescissions package (or multiple) under the Impoundment Control Act that officially requests Congress to cancel certain spending.
Once a regular feature of the budget process, presidents across both parties used to routinely submit rescission packages to Congress, which recommended the cancellation of already appropriated spending. Reviving these rescission packages would be a return to responsible fiscal governance, realizing DOGE cost savings and ensuring courts do not roll back the administration’s actions.
Below, we detail the Impoundment Control Act (ICA) rescissions process, its historical track record, and the path forward.
Rescissions 101
Under the ICA, Congress established a special, expedited process to accelerate the cancellation of previously approved spending. This budget process, known as rescission, allows the president to propose cancelling specific spending by submitting a detailed request to Congress. This starts a 45-day shot clock, during which the president can legally pause congressionally approved spending, and the legislature considers the rescission request. Notably, this process only requires a simple majority in both chambers, bypassing the Senate filibuster. If approved and signed by the president, this spending is legally cancelled.
In prior decades, presidents and Congress used this presidentially initiated rescissions process, in combination with congressionally initiated rescissions, to achieve modest savings.
The Track Record on Presidential Rescissions
According to a Congressional Research Service (CRS) report, » Read More
https://www.cato.org/blog/bring-back-rescissions-how-realize-doge-savings