Appropriations' Impact on Public Services

November 17, Washington, DC - The Trump administration's trifecta of agency closures, mass firings and layoffs, and use of recission authority to re-appropriate previously allocated spending creates a chaotic, disruptive and uncertain work environment. Appropriated funds intended for specific programs and recipients are now subject to executive branch re-prioritization. These actions upend the balance of power between the legislative and executive branches and the established checks and balances on executive actions, including executive adherence to the legislative framework governing the civil service.

The FY 2025 rescission package that was approved by the House and Senate before the shutdown seeks to rescind $8.3 billion in congressionally approved funds earmarked for core foreign assistance accounts. As Congress was considering the proposals, the administration threatened to unilaterally withhold appropriated funds should Congress not act upon the president's request. This course of action presented constitutional issues regarding the reach of executive authority and role of Congress in deciding how appropriated funds should be spent. The Impoundment Control Act of 1974 allows presidents to submit funding cancellations, subject to a 45-day review period in which Congress may approve, disapprove or modify the request. If Congress does not act on the president's proposal, the money must be released for its intended purposes. The Act does not specifically address funding cancellations received by Congress with less than 45 days left in the fiscal year, which makes such an action subject to litigation and court review, potentially representing a significant rebalance of power in favor of the executive branch.

These proposed adjustments to foreign service funding are not the only places where the administration has been asserting authority to unilaterally re-prioritize spending. Per the rescissions request, several projects and programs would be funded without congressional approval including a $175 billion "Golden Dome," a space-based missile defense system that the Congressional Budget Office estimates could cost more than $542 billion; remodeling a Qatari Boeing 747 into Air Force One ($400 million); and paving over the White House Rose Garden ($100 million).

These rescissions involve significant adjustments to foreign assistance programs, placing at risk global health, development, humanitarian assistance and peacekeeping efforts, without congressional consent. Rescissions, delayed appropriations and a lengthy government shutdown combine to create an uncertain and unsettled work environment for public servants across government. Combined, these actions compromise critical public services and global interests.