[Congressional Record Volume 171, Number 133 (Friday, August 1, 2025)]
[Senate]
[Pages S5188-S5189]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
Unanimous Consent Agreement--Executive Calendar
Ms. COLLINS. Mr. President, notwithstanding Rule 232, I ask unanimous
consent that upon disposition of Calendar No. 121, H.R. 3944, as
amended, if amended, the Senate vote on confirmation of the Rinaldi
nomination, and following disposition of the nomination, the Senate
execute the order in relation to the Woll and Kent nominations.
The PRESIDING OFFICER. Without objection, it is so ordered.
Ms. COLLINS. Mr. President, I want to take this opportunity, also, to
thank Leader Thune for his willingness to bring these appropriations
bills before the full Senate. I also thank our Democratic counterparts
for working with us to come up with this rather complex time agreement.
But it is one that will allow different voices to be heard on both
sides of the aisle.
I am very pleased that the Senate is proceeding to consideration of
these appropriations bills. Congress has responsibility--a
constitutional responsibility--under article I for the power of the
purse. We are executing that responsibility by proceeding to these
bills. These bills all mean a great deal to each of us.
I want to give my colleagues just some idea of the amount of input
that these subcommittees on the Appropriations Committee have received
from our colleagues. To give you an example, on the Military
Construction and Veterans Affairs bill, we have had, literally,
thousands of requests of support, of suggestions from our colleagues
from more than 87 of our colleagues. That is very typical. In fact,
this past week, when we reported the Defense appropriations committee
bill, I think we reached a record high of 95 Senators weighing in with
their suggestions, their requests for funding, their suggestions for
programmatic changes or support. Those 95 Senators requested and
submitted more than 14,000 different letters or inquiries or
suggestions for us.
My point is that a great deal of input has gone into the drafting of
these bills. That is the way the process should work.
We have had a thorough committee process, with hearings and input
from noncommittee members. We have marked up these bills at the
subcommittee and full committee levels, and that is what we like to
see.
I am very proud of the fact that Maine, the State of Maine, which I
am so proud to represent, has one of the highest percentages of
veterans in the entire Nation. That is why the funding that is provided
by this bill has a special meaning to me, because I know that my State
has more than done its part, and I want to ensure that our veterans
have access to the benefits and the healthcare they have earned.
My own father was a World War II veteran who was wounded twice in the
Battle of the Bulge, earning two Purple Hearts and a Bronze Star. It
was wonderful to go to the 80th anniversary of the Battle of the Bulge
and to actually talk to a veteran who had been in the same division as
my father. It was deeply moving.
When you read about the bravery of those in that historic battle,
which was a turning point in World War II, you can't help but be filled
with a sense of awe and gratitude to those who have sacrificed so much
for our Nation.
I know that the Presiding Officer has also done his part for our
country, and I am grateful that he is presiding today as we take on the
Military Construction and Veterans' Administration bill.
We also will be taking up the Agriculture appropriations bill--again,
a very important bill for the State of Maine. I grew up in Northern
Maine, where potatoes are the major crop, along with broccoli. Maine is
also known for its great, wild blueberries. The University of Maine is
known for its agricultural research program, and there is funding for
that in this bill.
In short, those two bills, plus the bill for the legislative branch,
are the ones we will consider today, and I hope at some point we can
return to the Commerce-Justice-Science bill--another very important
bill that passed easily from our committee.
I would note that the Agriculture appropriations bill was reported by
our committee unanimously. Every one of the bills was passed with great
bipartisan support.
So I just wanted to give that general background.
We will shortly begin processing the amendments, and there will be
very little time for both sides to speak, but I am hopeful that we can
make the kind of progress we want to see and use the August time--I am
not going to call it a recess or a work period--to talk with our House
counterparts, to do some conferencing and get these bills signed into
law before the start of the fiscal year on October 1. That is the way
the system should work.
The PRESIDING OFFICER. The Senator from Oregon.
Mr. MERKLEY. Mr. President, we will soon be voting on bipartisan
appropriations bills. These represent the spending strategy that has
been worked out between Democrats and Republicans on the committee.
When I came here as an intern some 49 years ago, Senator Hatfield was
very engaged on the Appropriations Committee, and he was later chair. I
really enjoyed interning for him and hearing how appropriators really
considered themselves as, well, first appropriators before they were
Democrats or Republicans and how important it was to forge a vision
going forward that addressed the needs in every geographic area of the
country, in both rural and urban areas, and to bring in the collective
voices of everyone together that would help take the country forward.
When Senator Hatfield was ill and not far from passing from this
planet, in the last conversation I had with him, he expressed his
concern about the committee losing that sense of bipartisan
collaboration, and he mentioned specifically--and he was a Republican--
working with Patty Murray and with a Democrat, Daniel Inouye, as some
of his fondest memories.
Thus, when I ran for reelection, it didn't seem very likely I would
win, but I said: If I run, can I be in the first group in my class to
be appointed to the spending committee, to the Appropriations
Committee? Because I know how important a voice on this committee has
been for Oregon as to what we need to be done on water systems, both
clean water presentation and septic or sewer systems; how important it
is on transportation and to tackle many of the needs that we have
throughout our forests, both our national forests and our BLM lands--so
many concerns that are addressed. The leadership on the Democratic side
said yes.
Then, miraculously--it was an easy promise to make because I wasn't
likely to win, but you never know what is going to happen, and I ended
up here in the Senate. I was appointed to this committee, and I am very
pleased to be on this committee.
But I am concerned now that a huge threat exists to further degrade
this bipartisan cooperation, and that is that we have this process
called rescissions--a fancy term--and it exists from the 1974 bill, the
Budget and Impoundment Control Act. It says that a President can send a
request to Congress to undo the bipartisan work that was done here by
the spending committee, by the Appropriations Committee. That has never
been used in this fashion until this year.
Now, it isn't that there haven't been rescissions--rescissions mean
repealing former funding decisions--but they have been done by the
Appropriations Committee.
So what has been forged together--Democrats and Republicans together,
with every geographic area of the country represented--in that
bipartisan
[[Page S5189]]
fashion has for the first time been undone in a partisan fashion.
Now we are hearing that Mr. Vought at the OMB, the Office of
Management and Budget, is planning to send a rescissions package to us
maybe in the middle of August. Why is this important, and why is this a
problem and a challenge? It is because he has expounded on a theory
that he calls a pocket rescission, and that is, if the fiscal year ends
on September 30, which it does, and if he sends it within the last 45
days, he believes that he can thereby, even if we were to meet in
September and reject the rescission--that even then, he would be able
to use a 45-day pause that is in that 1974 law to not spend the funds
that we had directed.
So what does that look like? That looks like a law was passed to
spend the funds, but with no change in the law, the President's team
stalls until the end of the year, sends in a rescission, and then
stalls to the very end of the year and never spends the money. In other
words, what was passed into law never happens.
This is a direct attack on the power of the purse, which in the
Constitution is allocated to Congress. In that sense, we on the
Appropriations Committee are carrying that responsibility, that
constitutional responsibility of the power of the purse.
In facing this in the past, the Supreme Court has weighed in twice.
The first time was in 1996. Actually, the first time was in 1975.
Excuse me. In 1975, the Supreme Court weighed in on the fact that a
couple of years earlier, in 1973, President Nixon had frozen, or
impounded, funds and not done what Congress had set in a law that had
been passed in both Chambers and had been signed by the President.
The Supreme Court said: Hell no. You can't do that. Mr. President,
you cannot do that. No President can do that. You have to follow the
law. You cannot take the power of the purse.
Then, in 1996, Congress said: Hey, we want to give the President
line-item veto.
They passed a law to do so.
The Supreme Court weighed in again and said: Hell no. You have the
responsibility under the Constitution of the power of the purse.
So now we are facing the situation in which Mr. Vought is saying: The
law is just a suggestion. It is just a ceiling. We can spend less if we
want to. We can spend more by transferring funds from one place to the
other. The law is just a suggestion.
Well, no, Mr. Vought, it is not just a suggestion, and the President
is not a King.
But by doing what he is planning to do with this late rescission, he
is basically trying to find a way to, well, run out the tape--``run out
the clock'' I guess is the right term--run out the clock and alter the
power of the purse.
So I am asking for us to stand together, Democrats and Republicans,
and defend our constitutional, bipartisan responsibility and should
there be a rescission that comes in in August, for us to come in the
first thing in September and vote against it and therefore say no in
both Chambers of Congress, thereby sending that message, because that
would provide a foundation for us to challenge the strategy Mr. Vought
is putting together.
In addition, today, I am asking us to join together, Democrats and
Republicans, to say that nothing that is passed by us in the fiscal
year 2026 spending bills--nothing that is in those bills will be
subject to the 1974 rescission. So this would not be retroactive. It
could not at this moment, in this bill, be able to address a possible
rescission of funds from 2023 or 2024 or 2025. But we can certainly
insulate the funds in 2026 from this partisan attack by the President,
this unconstitutional attack by the President.
The first amendment to be up when we convene at 4:15--about 3 minutes
from now--will be this amendment to say: Together, Democrats and
Republicans, let's defend our constitutional responsibilities, and
let's say that nothing we pass in the fiscal year 2026 bill will be
subject to that strategy by Mr. Vought and President Trump.
The PRESIDING OFFICER. The Senator from Maine.
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