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               Congressional                                               ______
            *.Research Service
  ~~~ i~~nforming the legislative debate since 1914 __________________




Congressional and Executive Roles in

Spending: Legal Frameworks



May 2,   2025

President Donald Trump has made federal spending decisions a centerpiece of his second Administration.
On January 20, 2025, President Trump issued the first group in a series of executive orders that seek to
align past and future federal spending decisions with the Administration's policy priorities. The executive
orders address policy issues that cross agency lines, such as energy policy; diversity, equity, and
inclusion; and gender ideology. A later executive order directs all agencies to review certain contracts and
grants with a view toward reducing overall federal spending or reallocating funds to promote efficiencies
and advance government priorities. Other executive orders seek to scale back or eliminate certain entities
that receive appropriated funds. President Trump's spending-related actions have not been limited to
domestic programs. He has ordered a reevaluation of foreign assistance generally and of contributions to
international intergovernmental organizations in particular.
Federal agencies have taken further actions to implement the executive orders, ranging from a since-
rescinded government-wide freeze on most forms of federal financial assistance, to department-wide
reviews of selected grant projects, to grant terminations in particular grant programs. Grant recipients
affected by certain executive actions have sought to challenge them in litigation.
This Legal Sidebar, the first in a two-part series, seeks to contextualize these recent executive branch
spending-related actions by discussing the powers of Congress and of the Executive, respectively, in
making and carrying out the spending decisions reflected in federal law. This Sidebar begins by
describing the scope of Congress's power of the purse, including the substantive and procedural
limitations of that power. The Sidebar then examines the executive role in using appropriations. A
companion  Sidebar discusses selected litigation challenging recent executive actions affecting domestic
and foreign spending.

Congress's Role: Power

Congress is often described as wielding the power of the purse, or the ability to decide how public
money  may be spent. This power stems from the Constitution's positive grants of legislative power to
Congress, many of which appear in Article I, § 8. Some of these grants of spending authority are part and
parcel of an enumerated power to legislate on particular subject matter. For example, Congress has the
power to raise and support armies, to provide and maintain a navy, and to establish post offices and post
                                                                  Congressional Research Service
                                                                    https://crsreports.congress.gov
                                                                                       LSB11302

CRS Legal Sidebar
Prepared for Members and
Committees of Congress

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