WASHINGTON − President Donald Trump is seeking to bypass Congress and unilaterally rescind $4.9 billion in congressionally approved foreign aid funding, setting up a clash with lawmakers and perhaps in court to test the limits of his executive power over government spending.

Trump notified House Speaker Mike Johnson in a one-page letter Aug. 28 that he planned to rescind 15 expenditures totaling $4.9 billion from the State Department and U.S. Agency for International Development and International Assistance programs.

The cuts drew immediate opposition from Sen. Susan Collins, R-Maine, who chairs the Senate Appropriations Committee. "Any effort to rescind appropriated funds without congressional approval is a clear violation of the law," Collins said.

The move is expected to be challenged in court and builds on Trump's attempts to assert the power of the presidency during his second term to solely decide how federal money is spent. He has directed departments to withhold money already approved by Congress and installed the Department of Government Efficiency, or DOGE, to wipe out government programs and contracts the administration says are wasteful or fraudulent.

The "pocket rescission" looks to codify previous cuts identified by DOGE. That includes $3.2 billion for USAID regarding initiatives to fight climate change, food and hunger programs, research and additional humanitarian efforts.

The canceled State Department funds includes $340 million for global climate and clean energy programs, $297 million for foreign biodiversity programs, and $40 million for development initiatives. The administration also plans to cut funding for gender equality and women’s empowerment programs.

Canceling congressionally approved, legally mandated funding is not allowed under the 1974 U.S. Congressional and Budget Control and Impoundment Control Act. But the White House's director of the Office of Management and Budget, Russ Vought, has argued the impoundment law is unconstitutional and contended the president can determine how money is spent.

To halt the $4.9 billion in foreign aid, the White House is citing a seldom-used provision in the Impoundment Act known as a "pocket rescission." Vought has argued the law allows the president to withhold money for 45 days, meaning the strategy is to effectively run out the clock before the funds expire at the end of the fiscal year on Sept. 30.

"Last night, President Trump CANCELLED $4.9 billion in America Last foreign aid using a pocket rescission," the Office of Management and Budget said in a post on X. "(President Trump) will always put AMERICA FIRST!"

A White House official, who discussed the "pocket rescission" on the condition of anonymity, said it's the first time the provision has been used by a president in 50 years. Despite legal concerns raised by Collins and Democrats in Congress, the official contended the administration is on firm legal ground and would prevail in court.

The official who briefed reporters on an Aug. 29 call said the money could not be used before the end of the fiscal year for foreign aid programs the president does support because of the way the law is written.

The White House believes only the nonpartisan U.S. Government Accountability Office, an agency that operates as an investigative arm for Congress, has the ability to bring a lawsuit over the funding rescissions, the official said.

GAO spokeswoman Sarah Kaczmarek told USA TODAY the agency is reviewing Trump's notification to Congress. "We have not reached any conclusions on the submission," Kaczmarek said, but added, "GAO stands behind its legal position that pocket rescissions are illegal and not authorized by the Impoundment Control Act."

Trump's attempt to end-run Congress is likely to complicate efforts to keep the federal government operating after Sept. 30, when Congress must pass an appropriations bill to avoid a shutdown.

"It’s clear neither Trump nor Congressional Republicans have any plan to avoid a painful and entirely unnecessary shutdown," Democratic Senate Leader Chuck Schumer said in a statement, calling Trump's actions "illegal."

Collins said Article I of the Constitution "makes clear that Congress has the responsibility for the power of the purse."

“Instead of this attempt to undermine the law, the appropriate way is to identify ways to reduce excessive spending through the bipartisan, annual appropriations process," Collins said.

This story has been updated with additional information.

Reach Joey Garrison on X @joeygarrison.

This article originally appeared on USA TODAY: President Trump moves to bypass Congress to rescind $5 billion in foreign aid

Reporting by Joey Garrison and Francesca Chambers, USA TODAY / USA TODAY

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