John Yarmuth: “In December 2018, GAO issued a decision, which I will include in the Record, concluding that, while the ICA does, under…”

“In December 2018, GAO issued a decision, which I will include in the Record, concluding that, while the ICA does, under limited circumstances, allow the President to withhold money for up to 45 congressional session days, the President cannot freeze the money for so long that it can no longer be used. GAO confirmed Congress' constitutional role, saying: ``A withholding of this nature would be an aversion both to the constitutional process for enacting Federal law and to Congress' constitutional power of the purse, for the President would preclude the obligation of budget authority Congress has already enacted and did not rescind.'' Mr. Womack and I both welcomed this opinion from GAO, calling it an important confirmation of Congress' constitutional authority over funding decisions. While GAO was deliberating, OMB submitted their views, as is customary. A letter from OMB's general counsel seems to assert the belief that the President can do whatever he wants, that he doesn't have to respect our separation of powers or the will of Congress to cancel funds he doesn't want to spend, that he is above the law. As GAO stated in their opinion: ``The President has no unilateral authority to withhold funds from obligation.'' ``The President cannot rely on the authority in the ICA to withhold amounts from obligation, while simultaneously disregarding the ICA's limitations.'' This deliberate disregard for our laws undermines our democracy.…”