Enhanced Rescission

Enhanced Rescission in the United States

Enhanced Rescission in the Federal Budget Process

Meaning of Enhanced Rescission in the congressional and executive budget processes (GAO source): Legislative initiatives, proposed over the years, that would allow the President to withhold funds from obligation upon proposing a rescission and to continue withholding the funds unless and until Congress acts to disapprove the presidential proposal to rescind funds. The President could then veto the disapproval bill, forcing each house to muster a two-thirds majority to override the veto. This would be a reversal of current Impoundment Control Act procedures that require funds proposed for rescission to be released unless Congress approves, by law, all or part of the amount proposed to be rescinded by the President. In 1996, Congress enacted a form of enhanced rescission authority in the Line Item Veto Act, which authorized the President, after signing a bill into law, to cancel in whole any dollar amount of discretionary budget authority, any item of new direct spending, or any limited tax benefit if the President made certain determinations. The act provided that the cancellation was effective unless Congress enacted a disapproval bill into law to void the cancellation. In 1998, the United States Supreme Court in Clinton v. City of New York, 524 U.S. 417 (1998), held that the Line Item Veto Act violated the Presentment Clause, Article 1, Section 7, of the U.S. Constitution. (See also Impoundment; Line Item Veto; Rescission.)

Guide to U.S. Federal Budget Rescission (Budget Process)

  • Rescission
  • Enhanced Rescission
  • Expedited Rescission
  • Rescission Bill

Resources

See Also

Further Reading

  • Legislatures and the budget process: the myth of fiscal control

    (J Wehner, 2010)

  • Reconcilable Differences?: Congress, the Budget Process, and the Deficit (JB Gilmour, 1990)
  • Fiscal institutions and fiscal performance

    (JM Poterba, J von Hagen, 2008)


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