HR 7006
Subject: Urgent Concerns Regarding H.R. 7006 and Its Infringement on Presidential Authority
I am writing to voice my serious concerns about H.R. 7006, the Financial Services and General Government and National Security, Department of State, and Related Programs Appropriations Act, 2026, which passed the House on January 14, 2026, and is now under consideration in the Senate. While this legislation aims to fund critical operations in financial services, general government, national security, and the Department of State for FY2026, it embodies a profound congressional overreach that restricts the President's ability to manage executive agencies, conduct foreign policy, and respond to national security needs. Through mandatory notifications, reprogramming limits, and prohibitions on fund use, the bill subjects executive decisions to excessive legislative scrutiny, undermining the separation of powers and our nation's capacity for agile governance.
Violations of Presidential Powers Through Specific Bill Provisions
H.R. 7006 is structured into Divisions A and B, with numerous provisions that impose rigid controls on executive discretion, particularly in financial management, foreign affairs, and national security.
In Division A (Financial Services and General Government), restrictions target Treasury, the Executive Office of the President, and independent agencies:
Section 608 prohibits reprogramming of funds that creates new programs, eliminates existing ones, or augments programs by more than $5 million or 10% without prior approval from congressional committees. This limits the executive's ability to adapt funding in response to emerging priorities, such as in the IRS or Treasury operations.
Section 114 (in Title I, Treasury) allows transfers up to 2% between appropriations but requires treating them as reprogrammings under Section 608, necessitating committee approvals. Similarly, Section 126 caps transfers at 5% for IT modernization in the Treasury, with prior approval required.
Section 527 (GSA) mandates notifications for any deficiencies or unneeded amounts in construction projects, prohibiting transfers without congressional input, which hampers efficient management of federal buildings and resources.
In Title II (Executive Office of the President), provisions require 15-day notifications for economic impact statements and limit transfers to 10% with committee approval, directly constraining the President's administrative flexibility.
Division B (National Security, Department of State, and Related Programs) extends these encroachments into foreign policy and security:
Section 7015(b) requires 15-day advance notifications for reprogrammings exceeding $1 million or 10%, including for relocations or reductions in programs under Titles I–VI, affecting the Department of State, USAID, and bilateral assistance.
Section 7009(a) limits transfers to 5% between accounts in Titles II–V, with no single increase exceeding 10%, and treats them as reprogrammings needing notification.
Section 7015(a), (c), (d) mandates notifications for new programs, suspensions, reorganizations, or integrations with DoD, curtailing the executive's ability to adjust diplomatic or security initiatives swiftly.
Country-specific restrictions, such as Section 7047(a)–(c) prohibiting assistance to Russia or supporters of annexations, and Section 7048(c)–(e) banning funds for certain UN entities, impose rigid foreign policy mandates without executive waiver flexibility in many cases.
General prohibitions like Section 7007 (no aid to Cuba, North Korea, Iran) and Section 7008 (no funds for governments from coups) further tie the President's hands in diplomatic engagements.
These provisions collectively micromanage executive operations, requiring constant congressional oversight for routine adjustments and limiting responses to international crises.
Constitutional Violations
These restrictions directly violate Article II of the U.S. Constitution, which outlines the President's executive powers:
Article II, Section 2 grants the President authority over foreign affairs and as Commander in Chief. Provisions like Sections 7015, 7009, and country-specific bans (e.g., Sections 7047, 7048) infringe on this by mandating notifications and prohibitions that constrain diplomatic and security decisions, effectively allowing Congress to dictate foreign policy execution.
Article II, Section 3 obliges the President to "take Care that the Laws be faithfully executed." The bill's reprogramming and transfer limits (e.g., Sections 608, 7015) hinder this duty by imposing approval requirements and notifications that delay or block executive implementation, turning appropriations into a vehicle for ongoing legislative control.
While Congress has appropriations power under Article I, Section 9, H.R. 7006's detailed mandates exceed this authority, encroaching on executive functions and violating the separation of powers.
Congressional Overreach as a Threat to Democracy and Sovereignty
This overreach by Congress poses a grave threat to our democracy and national sovereignty. By demanding advance approvals and notifications for fund shifts, the bill creates bureaucratic hurdles that could delay critical actions, such as reallocating resources during a diplomatic crisis or national security threat, thereby weakening U.S. leadership abroad and exposing vulnerabilities.
In his Farewell Address of 1796, President George Washington warned against the perils of party divisions and foreign entanglements that mirror the issues here. On partisan splits, he stated: "The alternate domination of one faction over another, sharpened by the spirit of revenge, natural to party dissension... is itself a frightful despotism." The contentious crafting of H.R. 7006, amid FY2026 budget battles and partisan amendments, exemplifies this factionalism, using appropriations to impose ideological restrictions (e.g., on abortions, environmental policies) that deepen divisions and hinder unified national action.
Regarding foreign affairs, Washington advised: "It is our true policy to steer clear of permanent alliances with any portion of the foreign world," identifying the "trials of foreign affairs" that would compromise independence. Yet, the bill's rigid prohibitions (e.g., no aid to certain countries without certifications, Sections 7007–7008, 7047) and multilateral restrictions (e.g., UN withholdings, Section 7048) entangle executive policy in congressional mandates, limiting the President's ability to navigate complex international relations and risking sovereignty through inflexible commitments—precisely the dangers Washington identified and warned the U.S. against.
Call to Action
I urge you to oppose H.R. 7006 in its current form or advocate for amendments that restore executive discretion and uphold constitutional balance. Our democracy thrives on separation of powers, not legislative dominance that stifles effective governance. Heeding Washington's timeless warnings is essential to preserving our nation's unity and independence.
Thank you for your attention to this pressing issue. I look forward to your response.
