[Congressional Record Volume 166, Number 103 (Wednesday, June 3, 2020)]
[Senate]
[Page S2692]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]





                  CONGRESSIONAL POWER OF THE PURSE ACT

  Mr. LEAHY. Mr. President, the authors of our Constitution 
purposefully built checks and balances into the foundation of our 
democracy, and the power of the purse is a critical part of those 
checks and balances. Article 1, section 9 of the Constitution states 
``No Money shall be drawn from the Treasury, but in Consequence of 
Appropriations made by Law.'' That means Congress, not the executive 
branch, is charged with making decisions about how to invest and spend 
Federal revenue. As the vice chairman of the Appropriations Committee, 
I take this responsibility very seriously.
  When Congress appropriates Federal dollars, we expect those dollars 
to be used as directed. We expect appropriations laws to be upheld, and 
we expect the administration to be transparent in its actions.
  But for too many years, Presidents of both parties have encroached on 
the power of the purse as they have tried to expand their budgetary 
powers and, in some cases, substitute their judgement for that of 
Congress. This has been acutely true under this administration. No 
President has pushed the boundaries of and contorted appropriations law 
more than President Trump.
  When Congress refused to give President Trump the money he requested 
for a wall on the southern border, he directed his administration to 
sidestep Congress and take it from funding for our military and their 
families. He continues to do so to this day.
  The President wanted to pressure the Government of Ukraine into 
investigating his political rival, so he withheld security money for 
Ukraine in violation of the Impoundment Control Act. An action that 
would eventually lead to his impeachment.
  Last year, the administration asserted to Congress that it had the 
power to propose rescissions in the last quarter of the fiscal year and 
further asserted it had the power to allow the funds to lapse if 
Congress did not act on its proposal, essentially claiming the 
executive branch, not Congress, had the last word on spending. The 
Government Accountability Office, GAO, thankfully and rightfully, 
disagreed. Last year, this administration also overturned a long held 
precedent that the executive branch did not need to respond to findings 
by GAO of violations of the Anti-Deficiency Act. Finally, this 
administration has suppressed OMB and executive branch agency 
cooperation with GAO in investigating the execution of appropriated 
funds.
  The push and pull over the power of the purse between Congress and 
the executive branch did not start with President Trump and will not 
end when he is no longer in office. Administrations of both parties 
have clashed with Congress over this authority. But the actions of this 
President make clear that Congress needs to reassert itself and defend 
its constitutionally granted prerogatives. This should not be a 
partisan issue. The Founders chose to vest the power of the purse with 
Congress. It is an important part of our system of checks and balances, 
and we must defend it.
  That is why I am introducing the Congressional Power of the Purse 
Act. This bill will restore Congress's central role in funding 
decisions, increase transparency in the executive branch, and add teeth 
to existing budget laws.
  The bill strengthens the Impoundment Control Act, including the 
addition of penalties for failure to comply. The bill strengthens 
administration reporting requirements and congressional oversight 
tools, so Congress can better follow the money and ensure the law is 
being complied with. Finally, the bill reforms the National Emergencies 
Act of 1974 to provide more Congressional control over these 
designations and how they are used. I hope all members can support it.
  I commend Representative Lowey and Representative Yarmuth for 
introducing a similar bill in the House, and I hope that the House will 
send the bill to the Senate in July.
  I ask unanimous consent that the following members be listed as 
original cosponsors: Senators Murray, Van Hollen, Feinstein, Coons, 
Baldwin, Wyden, Merkley, Whitehouse, Schatz, Sanders, Shaheen, Tester, 
Udall, Cardin, Reed, Durbin, Murphy and Manchin. I would note that this 
list of cosponsors includes every Democratic Member of the 
Appropriations Committee.
  (At the request of Mr. Durbin, the following statement was ordered to 
be printed in the Record.)

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