National Review Online
Monday, March 10, 2025
In a welcome sign of initiative and agency from the
legislative branch, some Senate Republicans want spending cuts from the Department of Government Efficiency (DOGE) to be part of a
rescission package to be approved by Congress. It’s a great idea, and it
represents the resurrection of a power Congress should be using more often.
The 1974 law restricting the president’s impoundment
power after it was abused by Richard Nixon is called the Impoundment Control
Act, not the Impoundment Elimination Act. One of the controls it put in place
is a process by which the president can send a request to
Congress to rescind budget authority that Congress had previously enacted.
The president lists specific provisions from the budget
that he’d like to rescind and gives reasons why. Congress then votes on them.
If it approves them, the budget authority is removed and federal agencies
aren’t allowed to spend the money any longer.
Ronald Reagan used this power more than any other
president. In fiscal year 1981, he proposed 133 rescissions and Congress
approved 101 of them, which cut $11 billion from the budget. As a percentage of federal
outlays, that would be like cutting over $100 billion today.
George H. W. Bush also used the rescission power to cut
spending. One of his rescission packages in 1992 spurred a productive
back-and-forth between the House and the Senate. After amendments that included
spending cuts the congressional committees came up with, the rescission package
passed both chambers with massive majorities.
The rescission power fell into disuse under Bill Clinton.
George W. Bush never used it once. Trump tried to use it during his first term
but failed because of a lack of coordination with Congress. It’s time to try again.
Senators Rand Paul (R., Ky.) and Lindsey Graham (R.,
S.C.) have told NBC News they would like to vote on a rescission
package from the president. “I love all the stuff they’re doing, but we got to
vote on it,” Paul said of DOGE’s efforts to cut spending. Graham said he wants
the executive branch to “get away from the personalities and the drama, take
the work product and vote on it.”
The power of the purse is Congress’s under the
Constitution, and it’s healthy for senators to want to secure it. The
rescission process under the Impoundment Control Act was created in response to
an overreaching executive branch in the 1970s, and it should be used today to
keep the spending power in Congress.
The good news for Republicans is that the Impoundment
Control Act limits debate of rescission packages, which would allow the Senate
to pass something with a simple majority.
A simple majority is basically all Republicans have in
the House, and they’ll need effective leadership from Speaker Mike Johnson and
from the White House to get on the same page and vote for a rescission package,
should one be presented.
A successful effort would likely involve Elon Musk in his
capacity as public spokesman for DOGE, making it clear to Republicans that a
vote for the rescission package is a vote for cleaning up wasteful spending.
The package should also be crafted by the White House with congressional input,
so that Republicans know they’ll be receiving something they can all vote for.
Using the rescission process under the Impoundment
Control Act is one way to ensure that DOGE-inspired spending cuts pass legal
muster. It would also bring some order to what has been at times a chaotic and
undisciplined effort. Requiring the president to list the items he’d like to
see cut in a statement that Congress can then take up and approve with a roll
call vote would help make clear to the American people what DOGE is doing and
give Republican members of Congress buy-in to tell their constituents they did
something to cut spending.
The rescission process is not going to come anywhere
close to balancing the budget or changing the long-run trajectory of the
federal debt burden. That will still require entitlement reform and spending
cuts enacted through the appropriations process. But when DOGE finds dumb
spending to eliminate, the president should put together a rescission package,
and the speaker and Senate majority leader should work to pass it as soon as
they can. A little spring cleaning of the budget wouldn’t hurt.
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