President Donald Trump’s pick for deputy director of the White House budget office told lawmakers Tuesday he can’t promise the administration won’t unilaterally cancel funding later this year without Congress’ consent.

Hal Duncan, the nominee to serve in the No. 2 position at the Office of Management and Budget, defended the controversial “pocket rescission” maneuver during his first of two confirmation hearings on Capitol Hill this week.

“Pocket rescissions have been executed by previous administrations, notably the Ford administration,” Duncan said during testimony before the Senate Budget Committee. “I can’t commit to any of the fiscal tools the administration may or may not use in the future.”

His comments come after the White House defied Democrats and many Republicans last year by canceling $4.9 billion in foreign aid without a vote from Congress.

Typically, if an administration wants to withhold funding Congress has already appropriated, the White House will send a rescissions request. Then Congress has 45 days to approve, amend or reject the request to cancel the funding, with inaction considered rejection.

But Trump administration officials claim they can submit a formal request to rescind funding with less than 45 days left in the fiscal year and then withhold it until it lapses on Oct. 1, regardless of whether Congress acts, even though lawmakers in both parties consider the tactic an illegal end-run around Congress’ “power of the purse.”

The Supreme Court gave the Trump administration the go-ahead last fall to cancel much of the foreign aid it nixed through a pocket rescission. But the high court has yet to settle major questions about whether the Trump administration has violated the Constitution or federal law in withholding billions of dollars Congress has appropriated.

If the Trump administration attempts the tactic again this year, it would happen in August or September.

Duncan will appear Wednesday before the Senate Homeland Security and Governmental Affairs Committee.

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