HR5220-119

What This Bill Does

The Congressional Power of the Purse Act is a broad appropriations-control and emergency-powers bill. It disables Impoundment Control Act fast-track procedures through January 20, 2029; requires budget authority proposed for rescission, reservation, or deferral to be made available in time for prudent obligation; bars withholding during the final 90 days before funds expire; requires apportionments to make all amounts available without preconditions by the same deadline; and requires agencies to notify congressional budget and appropriations committees when apportionments are late, conditioned, or likely to hinder execution. It expands the Comptroller General's role by requiring compliance reviews, agency information production within 20 days when requested, access to officers, employees, contractors, and agents, and civil actions in the U.S. District Court for the District of Columbia to force obligation or production. It creates administrative, civil, and criminal consequences for officials who unlawfully withhold budget authority, expands Antideficiency Act reporting, requires DOJ reporting to Congress on ADA violations, authorizes GAO suits for ongoing ADA violations, creates an Inspector General for OMB with limited jurisdiction, requires searchable publication of final OLC budget and appropriations law opinions, and mandates President's budget reporting on expired balances, cancelled balances, shutdown obligations, transfer and repurposing authority, indefinite-account cancellations, and national-emergency obligations and transfers. It also revises the National Emergencies Act so new emergency declarations generally last 45 days unless Congress approves them, creates joint-resolution approval procedures, requires public emergency spending reporting, applies prospectively, and requires disclosure to Congress of presidential emergency action documents within three days after approval, adoption, or revision.

Who Benefits and How

Congressional budget committees benefit because agencies must report apportionment problems, GAO noncompliance findings, national emergency spending, and budget-balance data. Congressional appropriations committees benefit because the bill limits late withholding of appropriated funds and strengthens review of rescissions, deferrals, and apportionments. The Comptroller General benefits from explicit access to information, interviews, agency views, and litigation tools to enforce budget and appropriations law. Program beneficiaries benefit when appropriated funds must be made available in time to be prudently obligated instead of withheld until expiration.

Who Bears the Burden and How

Office of Management and Budget apportionment staff must make funds available without late preconditions and face inspector general oversight. Executive agencies must notify Congress about problematic apportionments, answer GAO requests within 20 days, report Antideficiency Act issues, and track expired, cancelled, transfer, shutdown, and emergency spending data. Federal officers who withhold required budget authority face administrative discipline and, for knowing and willful withholding, fines up to $5,000, imprisonment up to two years, or both. The President's emergency powers offices face 45-day congressional approval requirements, public reporting, and emergency action document disclosure to Congress.

Key Provisions

• Blocks fast-track impoundment procedures through January 20, 2029.
• Requires budget authority and apportionments to be available in time for prudent obligation, including the final 90 days before expiration.
• Requires agencies to notify congressional committees about late, conditioned, or execution-hindering apportionments.
• Strengthens Comptroller General access, reporting, and litigation authority for impoundment and Antideficiency Act enforcement.
• Creates penalties and congressional reports for unlawful withholding of budget authority.
• Requires President's budget reports on expired balances, cancelled balances, shutdown obligations, transfer authorities, indefinite accounts, and national emergency spending.
• Limits new national emergencies to 45 days unless Congress approves and requires emergency action document disclosure.