[Congressional Record Volume 171, Number 214 (Thursday, December 18, 2025)]
[Senate]
[Pages S8927-S8928]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4114. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill H.R. 4016, making appropriations for the Department 
of Defense for the fiscal year ending September 30, 2026, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. PROHIBITION ON USE OF FUNDS TO MAKE A PAYMENT FOR 
                   THE PERSONAL BENEFIT OF THE PRESIDENT.

       (a) Findings.--Congress finds the following:
       (1) Congress enacted the Federal Tort Claims Act in 1946 
     (which was subsequently enacted into positive law as chapter 
     171 of title 28, United States Code (referred to in this 
     section as the ``Federal Tort Claims Act'')), allowing 
     plaintiffs to file tort claims against the United States in 
     Federal court and waiving the application of a sovereign 
     immunity defense for specific torts committed by Federal 
     employees while acting within their scope of employment.
       (2) The Department of Justice defends the Federal 
     Government against claims that arise under the Federal Tort 
     Claims Act (in this section referred to as ``FTCA claims''). 
     It is the responsibility of the Department to protect the 
     legal and financial interests of the United States in 
     settlements of FTCA claims.
       (3) The Department of Justice is required to assess the 
     legal sufficiency of FTCA claims that are being considered 
     for possible settlement, before payment can be issued under 
     section 1304 of title 31, United States Code, the sole 
     payment mechanism for claims that arise under the FTCA.
       (4) President Trump filed 2 FTCA claims in 2023, stemming 
     from investigations related to Russian interference in the 
     2016 Presidential election and the search conducted by the 
     Federal Bureau of Investigation of his private residence at 
     Mar-a-Lago.
       (5) The unprecedented demand to use taxpayer dollars to pay 
     the President, at his order, is in direct contravention of 
     the system of checks and balances that the Constitution of 
     the United States demands.
       (6) Within the Department of Justice, the 2 individuals 
     eligible to effectuate this command by President Trump, who 
     are serving in the positions of Deputy Attorney General and 
     Assistant Attorney General in charge of the Civil Division of 
     the Department of Justice, formerly represented the President 
     or others in his political orbit. These individuals lack 
     objectivity in the review of this request.
       (b) Prohibition.--None of the funds made available under 
     any division of this Act may

[[Page S8928]]

     be used by the Department of Justice to approve or facilitate 
     a claim that--
       (1) is subject to the Federal Tort Claims Act; and
       (2) results in a personal payment to the President, whether 
     in the form of a settlement or any other payment issued under 
     section 1304 of title 31, United States Code, (commonly known 
     as the ``Judgement Fund'') for the personal benefit of the 
     President.
                                 ______