White House seeks to expand spending authority

In an apparent tug-of-war between the executive and legislative branches, a House-Senate conference on the fiscal 2002 Treasury-Postal appropriations bill has broken down over an administration proposal to broaden the President's discretion over spending within the Executive Office of the President.

The White House is pushing hard for conferees to agree to its proposal to consolidate 18 separate spending accounts into a single appropriations account--which many worry would come at Congress' expense. The administration has enlisted Vice President Cheney to press the administration's case with Senate Treasury- Postal Appropriations Subcommittee Chairman Byron Dorgan, D-N.D.

The bill is a crucial one--particularly now--because it contains 40 percent of the federal law enforcement budget.

This latest tussle comes on the heels of the power struggle between the administration and appropriators over how much control the White House would have over the $40 billion terrorism supplemental passed after the Sept. 11 attacks. It also follows an administration proposal last week--now apparently abandoned-- that Congress grant the president emergency spending authority for up to 30 days if Congress is unable to meet.

Said one source who opposes the Treasury-Postal account consolidation proposal, "This White House--it's like they want a check and they want to spend money out of the check, and they don't want to let the appropriations process get in the way."

But neither Dorgan nor subcommittee ranking member Ben Nighthorse Campbell, R-Colo., is budging in his opposition, Campbell told CongressDaily.

"Neither Sen. Dorgan nor I think it is justified, giving away the constitutional authority of the Congress" to oversee executive branch spending, Campbell said. "This is a philosophical difference--Congress shouldn't give the President carte blanche."

A spokeswoman for House Treasury-Postal Appropriations Subcommittee ranking member Steny Hoyer, D-Md., said that while Hoyer wants to work with the White House, he is frustrated that the administration is "taking a hard line" on this.

Only House Treasury-Postal Appropriations Subcommittee Chairman Ernest Istook, R-Okla., and his party's leadership are siding with the White House. But even Istook said it is necessary for Congress to remain in the loop.

"I've never advocated giving them carte blanche," Istook said.

He acknowledged the issue has been a tough sell. "I've told the administration they need to make the case," Istook said.

Dorgan, who is under pressure from the White House and House Republicans, said he is puzzled by the administration's campaign.

"I don't understand why they are raising it to the level they have--and providing very little rationale for what they want to do," he said.

Dorgan added that his bill would appropriate the full amount the administration requested for the Executive Office of the President and that he is willing to give the President all the flexibility he needs to move money among the various accounts.

But Dorgan emphasized that he is "philosophically opposed to consolidation. I just don't think it's appropriate for Congress to diminish its ability to provide oversight that needs to be provided."

The Executive Office of the President includes the White House National Security Council, the White House Council of Economic Advisers, the U.S. Trade Representative, the Council on Environmental Quality and OMB, as well as the Vice President's office.

An OMB spokeswoman said the administration is pursuing this proposal so vigorously because "people feel very strongly the president should have the tools he needs to effectively and efficiently manage his office."

But a congressional source said many in Congress are "concerned about giving the President a big pot of money to do whatever they want to do with--the President, the Vice President and the chief of staff." Istook and House Appropriations Committee Chairman Bill Young, R-Fla., do not share some of those concerns, however.

Istook has proposed a compromise that would consolidate some Executive Office of the President accounts, while maintaining congressional oversight of each individual account, according to a House Appropriations spokesman. The spokesman said the committee majority believes "the president needs flexibility" in managing his staff.

"We don't feel like we're losing authority, because we would still be requiring the administration to submit justification materials," the spokesman said. "We would retain the authority to appropriate specific amounts to each agency, but within one account."