S.Amdt. 4114

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.
______