Congressional Power of the Purse Act

Bill Number: H.R. 5220
Origin Chamber: House
Congress: 119th Congress, Session 1
Policy Area: Economics and Public Finance
Status: Introduced
Latest Action: 2025-09-09: Referred to the Committee on the Budget, and in addition to the Committees on Oversight and Government Reform, Transportation and Infrastructure, Rules, Foreign Affairs, the Judiciary, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Last Updated: 2025-10-01T08:05:27Z

AI-Generated Summary

Purpose of the Legislation

The Congressional Power of the Purse Act (H.R. 5220) seeks to reinforce Congress's constitutional authority over federal spending (known as the "power of the purse") by preventing the executive branch from withholding or delaying the use of appropriated funds, increasing transparency in budget execution, and strengthening congressional oversight of national emergencies. It aims to ensure funds are spent as Congress intends, reduce executive overreach, and promote accountability in government operations.

Key Provisions

The bill is divided into three titles, focusing on impoundment prevention, transparency, and emergency powers reform.

Title I: Strengthening Congressional Control and Review to Prevent Impoundment

Prohibition on Fast-Track Procedures (Sec. 101): Suspends expedited congressional procedures under the 1974 Impoundment Control Act (ICA) for deferrals or rescissions until January 20, 2029, requiring full legislative review.
Prudent Obligation Requirements (Sec. 102): Mandates that budget authority proposed for withholding must be made available for spending in time to be used responsibly, and all funds must be accessible without preconditions at least 90 days before expiration.
Apportionment Reporting (Sec. 103): Requires agencies to notify congressional committees if budget apportionments (divisions of funds by the Office of Management and Budget) are delayed, conditional, or hinder program execution, including details like account names and symbols.
Comptroller General Enhancements (Sec. 104): Expands the Government Accountability Office (GAO) Comptroller General's role to review ICA compliance, access agency information within 20 days, and report violations to Congress; clarifies it does not limit GAO's existing investigative powers.
Litigation Authority (Sec. 105): Allows the Comptroller General to sue in federal court to enforce fund availability or information production, with a 15-day congressional notice requirement unless delay harms public interest.
Penalties for Non-Compliance (Sec. 106): Imposes administrative discipline (e.g., suspension or removal) for withholding funds; adds criminal penalties (fines up to $5,000 and up to 2 years imprisonment) for knowing and willful violations; requires immediate reporting of violations to Congress, GAO, and inspectors general, with Attorney General review for criminal probes.
GAO Report Clarification (Sec. 107): Treats GAO reports on improper withholdings as equivalent to presidential messages, blocking further deferral proposals.
Congressional Designations (Sec. 108): Removes presidential veto power over Congress's designations of emergency or discretionary spending in the 1985 Balanced Budget Act.

Title II: Strengthening Transparency and Reporting

##### Subtitle A: Funds Management and Reporting to Congress

Expired and Cancelled Balances (Secs. 211–212): Requires the President's annual budget to report unobligated expired funds and cancelled balances (funds no longer available after 5 years) by agency and account, with explanations for large amounts (over 5% of appropriations or $100 million); tabulates indefinite accounts not meeting closure criteria.
Lapse Reporting (Sec. 213): Mandates budget disclosure of any spending during appropriations lapses (shutdowns) of 5+ days, including legal exceptions used and changes in their application.
Transfer Authority (Sec. 214): Requires the fiscal year 2027 budget to list non-appropriations laws allowing fund transfers or repurposing, with usage details for the prior 3 years.
Indefinite Account Cancellations (Sec. 215): Allows cancellation of unused indefinite-period funds (no time limit) if purposes are fulfilled and no disbursements occurred for two years.
Emergency Spending (Sec. 216): Requires budget reports on obligations and expenditures tied to national emergencies, organized by account and activity, including transfers and progress toward resolution.

##### Subtitle B: Empowering Congressional Review Through Nonpartisan Agencies and Transparency

GAO Information Requests (Sec. 221): Agencies must respond to GAO requests for budget/appropriations data within 20 days; non-compliance triggers congressional notification and GAO lawsuits.
Antideficiency Act (ADA) Reporting (Secs. 222–223): Enhances reporting for ADA violations (spending without appropriations or exceeding limits), requiring details on facts, amounts, discipline, and prevention; mandates Comptroller General and Attorney General notifications; adds annual Attorney General reports to Congress on investigations (without identifying individuals).
Congressional Requests Under FOIA (Sec. 224): Amends the Freedom of Information Act to treat requests from Members of Congress as exempt from certain deliberative process withholdings.
GAO Suits for ADA Violations (Sec. 225): Authorizes Comptroller General lawsuits to stop ongoing ADA violations.
OMB Inspector General (Sec. 226): Establishes an Inspector General for the Office of Management and Budget (OMB) focused on legal compliance, with presidential appointment within 120 days.
OLC Opinion Publication (Sec. 227): Requires the Department of Justice's Office of Legal Counsel (OLC) to publish final opinions on budget/appropriations law on a public website within set timelines (30 days for new ones, up to 4 years for older); allows limited withholdings for national security, privacy, etc., with summaries for redacted opinions and segregable portions released.

Title III: REPUBLIC Act (Reforming Emergency Powers to Uphold the Balances and Limitations Inherent in the Constitution Act)

##### Subtitle A: Congressional Review of National Emergencies

Declaration and Approval Process (Sec. 311): Amends the 1976 National Emergencies Act (NEA) to require presidential proclamations specifying invoked laws; emergencies last 45 days unless Congress enacts a joint resolution approving them and specific powers; prohibits re-declaration on same facts without approval during a president's term.
Renewal and Termination (Sec. 311): Limits emergencies to 1 year, renewable annually via joint resolution; automatic termination reverts funds and ends contracts, with savings for ongoing legal actions.
Expedited Procedures (Sec. 311): Outlines fast-track rules for joint resolutions in Congress, waiving amendments and limits debate (e.g., 10 hours in Senate, 2 hours in House).
Reporting (Sec. 312): Requires detailed reports with each declaration/renewal on circumstances, duration, actions, and expenditures; semi-annual status updates to congressional leaders and committees; public availability of termination reports.
Exclusions and Conformance (Secs. 313–314): Carves out emergencies solely under the International Emergency Economic Powers Act (IEEPA) for sanctions; repeals outdated NEA provisions; changes IEEPA termination to joint resolution.
Effective Date (Sec. 315): Applies to new emergencies post-enactment; existing ones subject to new renewal rules.

##### Subtitle B: Limitations on Emergency Authorities

Communications Act War Powers (Sec. 321): Ties presidential control over communications during war to a declared national emergency.
Presidential Emergency Action Documents (PEADs) (Sec. 322): Requires submission of all PEADs (pre-planned executive actions for disruptions) to oversight committees within 3 days of creation/revision (15 days for existing ones); grants committees access, security clearances, and agency cooperation duties. PEADs include directives triggering government changes upon emergency declaration.

Significant Changes to Existing Law

Impoundment Control Act (1974): Suspends fast-track processes; adds timely obligation mandates, agency reporting, GAO litigation/enforcement powers, and criminal penalties—shifting from advisory to punitive enforcement.
Antideficiency Act: Expands violation reporting to include GAO findings, Attorney General probes, and GAO lawsuits for ongoing breaches.
National Emergencies Act (1976): Replaces automatic 1-year renewals with mandatory 45-day initial approval and annual congressional renewals via joint resolution; adds detailed reporting and public disclosure.
Budget and Accounting Procedures: Introduces new President's budget requirements for balances, lapses, transfers, and emergency spending; creates OMB IG and OLC publication rules.
Other: Amends FOIA for congressional requests; establishes PEAD disclosure; limits Communications Act emergency powers to declared emergencies.

Potential Impacts

Government Agencies: Agencies face stricter timelines for obligating (committing) funds, increased GAO/IG scrutiny, and penalties for delays or violations, potentially speeding up program execution but raising administrative burdens and litigation risks.
Citizens: Enhanced transparency in spending reports and OLC opinions could improve public understanding of how tax dollars are used, reduce waste from unused balances, and ensure emergencies are temporary and justified.
International Relations: Reforms to NEA/IEEPA may slow executive responses to foreign threats (e.g., sanctions), but IEEPA exclusions preserve flexibility; PEAD disclosures could affect classified diplomacy if mishandled.

Main Stakeholders Affected

Congress: Gains stronger tools for oversight, approval of emergencies, and enforcement against executive withholding, empowering committees like Budget, Appropriations, Oversight, and Homeland Security.
Executive Branch: Presidents, OMB, agencies (e.g., Defense, Treasury), and DOJ/OLC face limits on fund control, mandatory disclosures, new IGs, and congressional vetoes, potentially constraining flexibility.
Nonpartisan Entities: GAO Comptroller General and inspectors general receive expanded investigative/litigation roles.
Citizens and Taxpayers: Indirectly benefit from accountability; advocacy groups may use published data for monitoring.
Legal/Compliance Officers: Agency employees risk discipline or prosecution for violations.

Notable Legal, Constitutional, or Political Implications

Constitutional: Bolsters Article I's spending power by curbing executive impoundment (echoing Nixon-era concerns) and emergency overreach, reinforcing separation of powers without altering core authorities.
Legal: Introduces novel GAO litigation rights and criminal penalties, potentially increasing court cases in D.C. District Court; OLC publication could standardize budget interpretations but invite challenges over withholdings; ADA/ICA expansions clarify enforcement but may strain resources.
Political: Likely heightens partisan tensions over budgets and emergencies (e.g., requiring bipartisan support for renewals), limiting unilateral executive actions; fast-track suspension targets potential future administrations; overall, shifts balance toward Congress, possibly slowing crisis responses but preventing abuse.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Boyle, Brendan F. [D-PA-2]

Cosponsors (21)

Rep. Doggett, Lloyd [D-TX-37], Rep. Scott, Robert C. "Bobby" [D-VA-3], Rep. Peters, Scott H. [D-CA-50], Rep. Panetta, Jimmy [D-CA-19], Rep. Watson Coleman, Bonnie [D-NJ-12], Del. Plaskett, Stacey E. [D-VI-At Large], Rep. Escobar, Veronica [D-TX-16], Rep. Omar, Ilhan [D-MN-5], Rep. Balint, Becca [D-VT-At Large], Rep. Kaptur, Marcy [D-OH-9], Rep. Jayapal, Pramila [D-WA-7], Rep. Tonko, Paul [D-NY-20], Rep. Chu, Judy [D-CA-28], Rep. McGarvey, Morgan [D-KY-3], Rep. Amo, Gabe [D-RI-1], Rep. Ansari, Yassamin [D-AZ-3], Rep. Fletcher, Lizzie [D-TX-7], Rep. McGovern, James P. [D-MA-2], Rep. Evans, Dwight [D-PA-3], Rep. Budzinski, Nikki [D-IL-13], Rep. Case, Ed [D-HI-1]

Recent Actions

2025-09-09: Referred to the Committee on the Budget, and in addition to the Committees on Oversight and Government Reform, Transportation and Infrastructure, Rules, Foreign Affairs, the Judiciary, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
2025-09-09: Referred to the Committee on the Budget, and in addition to the Committees on Oversight and Government Reform, Transportation and Infrastructure, Rules, Foreign Affairs, the Judiciary, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
2025-09-09: Referred to the Committee on the Budget, and in addition to the Committees on Oversight and Government Reform, Transportation and Infrastructure, Rules, Foreign Affairs, the Judiciary, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
2025-09-09: Referred to the Committee on the Budget, and in addition to the Committees on Oversight and Government Reform, Transportation and Infrastructure, Rules, Foreign Affairs, the Judiciary, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
2025-09-09: Referred to the Committee on the Budget, and in addition to the Committees on Oversight and Government Reform, Transportation and Infrastructure, Rules, Foreign Affairs, the Judiciary, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
2025-09-09: Referred to the Committee on the Budget, and in addition to the Committees on Oversight and Government Reform, Transportation and Infrastructure, Rules, Foreign Affairs, the Judiciary, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
2025-09-09: Referred to the Committee on the Budget, and in addition to the Committees on Oversight and Government Reform, Transportation and Infrastructure, Rules, Foreign Affairs, the Judiciary, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
2025-09-09: Introduced in House
2025-09-09: Introduced in House

Bill Versions

Congressional Power of the Purse Act — issued 2025-09-09 — PDF (62 pages)