>cancel a lot of individual contracts before it needs to invoke recession
This is not correct.
The recission process requires that the Executive branch notify Congress upon appropriation that it will not use appropriated funds. Congress can then decide to accept or reject the recission notice. If rejected, the funds remain appropriated, with whatever conditions Congress set.
The argument could be made that this is a new administration with different priorities, so does not intend to use the previously appropriated funds. But, even then, the spirit of the law (and the Constitution) is such that the new administration would engage in the recission process as if the funds had just been appropriated. So, they would submit a recission notice before taking action.
That is, they would not just do whatever they wanted and inform Congress afterwards.
> The recission process requires that the Executive branch notify Congress upon appropriation that it will not use appropriated funds.
That’s not what the statute says. 2 U.S.C. 683(a) says:
> 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to carry out the full objectives or scope of programs for which it is provided or that such budget authority should be rescinded for fiscal policy or other reasons (including the termination of authorized projects or activities for which budget authority has been provided), or whenever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, the President shall transmit to both Houses of Congress a special message specifying
There must be a determination and it must be with respect to a program. So for example Congress appropriated $1.7 billion for USAID operations as a single line item. The executive is completely within its power to halt discretionary grants or expenditures during the audit process. Then at some point the executive can make a determination how much of the total “program” amount will actually be needed and how much won’t be needed. Only at that point is the recessionary notice required.
Your conclusion directly contradicts the Code you quoted.
From the Code:
>Whenever the President determines that all or part of any budget authority will not be required...or whenever all or part of budget authority provided for only one fiscal year is to be reserved from obligation, the President shall transmit to both Houses of Congress...
The operative phrase is "Whenever the President determines".
However, your conclusion adds:
>The executive is completely within its power to halt discretionary grants or expenditures during the audit process.
The Code says nothing like this, instead, explicitly stating "on determination", not "after action".
This "prior notification" requirement is also both within the letter of the original appropriations process, and the intent of the law overall.
This is not correct.
The recission process requires that the Executive branch notify Congress upon appropriation that it will not use appropriated funds. Congress can then decide to accept or reject the recission notice. If rejected, the funds remain appropriated, with whatever conditions Congress set.
The argument could be made that this is a new administration with different priorities, so does not intend to use the previously appropriated funds. But, even then, the spirit of the law (and the Constitution) is such that the new administration would engage in the recission process as if the funds had just been appropriated. So, they would submit a recission notice before taking action.
That is, they would not just do whatever they wanted and inform Congress afterwards.