
DOGE and the Rescission Opportunity
President Donald Trump’s new administration is off and running at breakneck speed. In particular, the Department of Government Efficiency (DOGE) has exposed astonishing amounts of government waste, fraud, and abuse. While it is still the early days of the new administration and results are still coming in, DOGE has been an asset to the American taxpayer. To ensure lasting change, Congress must partner with President Trump and DOGE to put the budget on a sustainable path. One important opportunity to reduce wasteful government spending is the power to rescind unneeded appropriations. Budget authority that has not yet been obligated by an agency can be canceled by new laws passed by Congress, preventing the funds from being obligated and spent. This cancelation of budget authority is called a rescission. President Trump has the authority to identify unspent funds, which Congress can then rescind in legislation passed through the Senate and House on a fast-track process that bypasses the Senate filibuster.[1]The Expedited Rescission Process
The Impoundment Control Act (ICA) creates an expedited rescissions process.[2] The ICA rescission process allows certain spending cuts to bypass the Senate filibuster and be passed by a simple majority rather than the normal 60 vote threshold. The expedited process can only commence with Presidential action.[3] The ICA requires that: “Whenever the President determines that all or part of any budget authority will not be required to carry out the full objectives or scope of programs for which it is provided or that such budget authority should be rescinded for fiscal policy or other reasons (including the determination of authorized projects or activities for which budget authority has been provided), or whenever all or part of budget authority provided for only one fiscal year is to be reserved from obligation for such fiscal year,”[4] the President shall submit a rescission proposal to Congress. The rescission proposal is transmitted via a “special message” detailing the amount of budget authority and other information justifying the proposed rescission. The ICA expedited process is only available within 45 days of continuous Congressional session after Congress receives the special message.[5] Once the special message is received, any Member or Senator may introduce a rescission bill to implement the President’s requested spending cuts. Traditionally, the leader of the President’s party introduces legislation. To qualify for the expedited procedures, the rescission bill may not include anything outside the scope of the President’s special message. A rescission bill does not need to include all the proposed rescissions. Multiple rescission bills covering different parts of the President’s special message can be introduced. For example, if the President proposes 100 rescissions, Congress could consider them in one package that includes all the rescissions, 100 separate bills with the individual rescissions, or any combination of the proposed rescissions. This gives Congress flexibility in deciding how to consider all or parts of the President’s proposal. After one or more rescission bills are introduced, the ICA includes protections to prevent the legislation from being bogged down in committee. If a rescission bill has not been reported by a committee within 25 days of continuous session, any Member (or Senator) of the relevant chamber can make a motion to discharge the bill, allowing it to be brought to the floor. Once out of committee, a rescission bill is privileged. Most significantly in the Senate, debate on a rescission bill is limited to 10 hours. The motion to proceed to consideration of a rescission bill as well as passage are both a simple majority vote. Amendments may be considered, but those amendments must be germane. The ICA also provides a process for House consideration of rescission bills that limits debate to two hours, but they are usually considered under a rule like other legislation.Billions of Unobligated Balances Available for Rescission
Appropriations acts provide budget authority, which grants federal agencies the authority to incur obligations. An obligation is a commitment to spend funds, creating a legal liability on behalf of the government to make the payment. When the payment is made, an outlay occurs and money is spent from the Treasury. Congress can rescind budget authority by passing a new law before the funds are obligated by an agency. At the end of February 2025, federal agencies had $860 billion unobligated balances of discretionary budget authority that could be rescinded.[6]Table 1
|
Unobligated Appropriations as of February 2025 |
|||
|
No Year |
Multi-Year | Expiring |
Total |
| $385 | $283 | $193 |
$860 |
| In billions of dollars. Source: Office of Management and Budget. | |||
Chart 1
Source: Office of Management and Budget
An important element of any appropriation is the time period of availability for the budget authority, which represents how long the agency has to obligate the funds. The period of availability is classified in one of three categories:- Expiring appropriations, which expire at the end of the current fiscal year;
- Multi-year appropriations, which expire in a future fiscal year; or
- No year appropriations, which do not expire and remain available until spent.



