Impoundment is an act by a President of the United States of not spending money that has been appropriated by the U.S. Congress. Thomas Jefferson was the first president to exercise the power of impoundment in 1801. The power was available to all presidents up to and including Richard Nixon, and was regarded as a power inherent to the office, although one with limits. The Congressional Budget and Impoundment Control Act of 1974 was passed in response to the abuse of power under President Nixon.[1] The Act removed that power, and Train v. City of New York (whose facts predate the 1974 Act, but which was argued before the U.S. Supreme Court after its passage), closed potential loopholes in the 1974 Act. The president's ability to indefinitely reject congressionally approved spending was thus removed.[2]
The Impoundment Control Act of 1974 provides that the president may propose rescission of specific funds, but that rescission must be approved by both the House of Representatives and Senate within 45 days. In effect, the requirement removed the impoundment power, since Congress is not required to vote on the rescission and, in fact, has ignored the vast majority of presidential requests.[3]
The Mayor of Washington, D.C. also has the impoundment power.[4]
^"The Impoundment Control Act of 1974: What Is It? Why Does It Matter? | House Budget Committee Democrats". democrats-budget.house.gov. 2019-10-23. Retrieved 2024-05-19.
^"Impoundment of Appropriated Funds". Onecle. Retrieved 2009-12-24.
^General Accounting Office (July 30, 1999). "Impoundment Control Act: Use and Impact of Rescission Procedures". United States General Accounting Office, GAO-10-320T. Retrieved 2022-02-14.
^District of Columbia Home Rule Act (Pub. L.Tooltip Public Law (United States) 93–198, 87 Stat. 777, enacted December 24, 1973)
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