[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5220 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 5220
To strengthen and enhance the congressional power of the purse, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 9, 2025
Mr. Boyle of Pennsylvania (for himself, Mr. Doggett, Mr. Scott of
Virginia, Mr. Peters, Mr. Panetta, Mrs. Watson Coleman, Ms. Plaskett,
Ms. Escobar, Ms. Omar, Ms. Balint, Ms. Kaptur, Ms. Jayapal, Mr. Tonko,
Ms. Chu, Mr. McGarvey, and Mr. Amo) introduced the following bill;
which was 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
_______________________________________________________________________
A BILL
To strengthen and enhance the congressional power of the purse, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congressional Power of the Purse
Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--STRENGTHENING CONGRESSIONAL CONTROL AND REVIEW TO PREVENT
IMPOUNDMENT
Sec. 101. Prohibition on fast-track procedures under the Impoundment
Control Act of 1974.
Sec. 102. Strengthening congressional control.
Sec. 103. Strengthening congressional review.
Sec. 104. Updated authorities for and reporting by the Comptroller
General.
Sec. 105. Advance congressional notification and litigation.
Sec. 106. Penalties for failure to comply with the Impoundment Control
Act of 1974.
Sec. 107. Clarification of treatment of GAO report as special message.
Sec. 108. Congressional designations.
TITLE II--STRENGTHENING TRANSPARENCY AND REPORTING
Subtitle A--Funds Management and Reporting to the Congress
Sec. 211. Expired balance reporting in the President's budget.
Sec. 212. Cancelled balance reporting in the President's budget.
Sec. 213. Lapse in appropriations--reporting in the President's budget.
Sec. 214. Transfer and other repurposing authority reporting in the
President's budget.
Sec. 215. Authorizing cancellations in indefinite accounts by
appropriation.
Sec. 216. National Emergencies Act declaration spending reporting in
the President's budget.
Subtitle B--Empowering Congressional Review Through Nonpartisan
Congressional Agencies and Transparency Initiatives
Sec. 221. Requirement to respond to requests for information from the
Comptroller General for budget and
appropriations law decisions.
Sec. 222. Reporting requirements for Antideficiency Act violations.
Sec. 223. Department of Justice reporting to Congress for
Antideficiency Act violations.
Sec. 224. Treatment of requests for information from Members of
Congress.
Sec. 225. Suits by Comptroller General for Antideficiency Act
violations.
Sec. 226. Inspector General for the Office of Management and Budget.
Sec. 227. Publication of budget or appropriations law opinions of the
Department of Justice Office of Legal
Counsel.
TITLE III--REPUBLIC ACT
Sec. 301. Short title.
Subtitle A--Congressional Review of National Emergencies
Sec. 311. Congressional review of national emergencies.
Sec. 312. Reporting requirements.
Sec. 313. Exclusion of certain national emergencies invoking
International Emergency Economic Powers
Act.
Sec. 314. Conforming amendments.
Sec. 315. Effective date; applicability.
Subtitle B--Limitations on Emergency Authorities
Sec. 321. Presidential war powers under Communications Act of 1934.
Sec. 322. Disclosure to Congress of presidential emergency action
documents.
TITLE I--STRENGTHENING CONGRESSIONAL CONTROL AND REVIEW TO PREVENT
IMPOUNDMENT
SEC. 101. PROHIBITION ON FAST-TRACK PROCEDURES UNDER THE IMPOUNDMENT
CONTROL ACT OF 1974.
Notwithstanding any other provision of law, during the period
beginning on the date of the enactment of this Act and ending on
January 20, 2029, the procedures under section 1017 of the Impoundment
Control Act of 1974 (2 U.S.C. 688) shall have no force or effect.
SEC. 102. STRENGTHENING CONGRESSIONAL CONTROL.
(a) In General.--Part B of the Impoundment Control Act of 1974 (2
U.S.C. 682 et seq.) is amended by adding at the end the following:
``prudent obligation of budget authority and specific requirements for
expiring budget authority
``Sec. 1018. (a) Special Message Requirement.--With respect to
budget authority proposed to be rescinded or that is set to be reserved
or proposed to be deferred in a special message transmitted under
section 1012 or 1013, such budget authority--
``(1) shall be made available for obligation in sufficient
time to be prudently obligated as required under section
1012(b) or 1013; and
``(2) may not be deferred or otherwise withheld from
obligation during the 90-day period before the expiration of
the period of availability of such budget authority, including,
if applicable, the 90-day period before the expiration of an
initial period of availability for which such budget authority
was provided.
``(b) Administrative Requirement.--With respect to an apportionment
of an appropriation (as that term is defined in section 1511 of title
31, United States Code) made pursuant to section 1512 of such title, an
appropriation shall be apportioned--
``(1) to make available all amounts for obligation in
sufficient time to be prudently obligated; and
``(2) to make available all amounts for obligation, without
precondition (including footnotes) that shall be met prior to
obligation, not later than 90 days before the expiration of the
period of availability of such appropriation, including, if
applicable, 90 days before the expiration of an initial period
of availability for which such appropriation was provided.''.
(b) Clerical Amendment.--The table of contents of the Congressional
Budget and Impoundment Control Act of 1974 set forth in section 1(b) of
such Act is amended by inserting after the item relating to section
1017 the following:
``1018. Prudent obligation of budget authority and specific
requirements for expiring budget
authority.''.
SEC. 103. STRENGTHENING CONGRESSIONAL REVIEW.
(a) In General.--Part B of the Impoundment Control Act of 1974 (2
U.S.C. 682 et seq.), as amended by section 102(a), is further amended
by adding at the end the following:
``reporting on apportionment of appropriations by departments and
agencies
``Sec. 1019. Each department or agency shall--
``(1) notify the Committee on the Budget and the Committee
on Appropriations of the House of Representatives, the
Committee on the Budget and the Committee on Appropriations of
the Senate, and any other appropriate congressional committees
if--
``(A) an apportionment is not made in the required
time period provided in section 1513(b) of title 31,
United States Code;
``(B) an approved apportionment received by the
department or agency conditions the availability of an
appropriation on further action; or
``(C) an approved apportionment received by the
department or agency may hinder the prudent obligation
of such appropriation or the execution of a program,
project, or activity by such department or agency; and
``(2) include in each notification under paragraph (1)
information identifying the bureau, account name, appropriation
name, and Treasury Appropriation Fund Symbol or fund
account.''.
(b) Clerical Amendment.--The table of contents of the Congressional
Budget and Impoundment Control Act of 1974 set forth in section 1(b) of
such Act, as amended by section 102(b), is further amended by inserting
after the item relating to section 1018 the following:
``1019. Reporting on apportionment of appropriations by departments and
agencies.''.
SEC. 104. UPDATED AUTHORITIES FOR AND REPORTING BY THE COMPTROLLER
GENERAL.
(a) In General.--Section 1015 of the Congressional Budget and
Impoundment Control Act of 1974 (2 U.S.C. 686) is amended by adding at
the end the following:
``(c) Review.--
``(1) In general.--The Comptroller General shall--
``(A) review compliance with this part; and
``(B) submit to the Committee on the Budget, the
Committee on Appropriations, and the Committee on
Homeland Security and Governmental Affairs of the
Senate, the Committee on the Budget, the Committee on
Appropriations, and the Committee on Oversight and
Reform of the House of Representatives, and any other
appropriate congressional committee of the Senate or
the House of Representatives a report, and any relevant
information related to the report, on any noncompliance
with this part.
``(2) Information, documentation, and views.--The President
or the head of the relevant department or agency of the United
States shall provide information, documentation, and views to
the Comptroller General, as is determined by the Comptroller
General to be necessary to determine such compliance, not later
than 20 days after the date on which the request from the
Comptroller General is received, or if the Comptroller General
determines that a shorter or longer period is appropriate based
on the specific circumstances, within such shorter or longer
period.
``(3) Access.--To carry out the responsibilities of this
part, the Comptroller General shall have access to interview
the officers, employees, contractors, and other agents and
representatives of a department, agency, or office of the
United States at any reasonable time as the Comptroller General
may request.''.
(b) Rule of Construction.--Section 1001 of the Congressional Budget
and Impoundment Control Act of 1974 (2 U.S.C. 681) is amended--
(1) in paragraph (3), by striking ``or'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(5) affecting or limiting in any way the authorities
provided to the Comptroller General under chapter 7 of title
31, United States Code.''.
SEC. 105. ADVANCE CONGRESSIONAL NOTIFICATION AND LITIGATION.
Section 1016 of the Impoundment Control Act of 1974 (2 U.S.C. 687)
is amended to read as follows:
``suits by comptroller general
``Sec. 1016. (a) In General.--If, under this title, budget
authority is required to be made available for obligation and such
budget authority is not made available for obligation or information,
documentation, views, or access are required to be produced and such
information, documentation, views, or access are not produced, the
Comptroller General is expressly empowered, through attorneys selected
by the Comptroller General, to bring a civil action in the United
States District Court for the District of Columbia to require such
budget authority to be made available for obligation or such
information, documentation, views, or access to be produced.
``(b) Court Authority.--In a civil action under subsection (a), the
court is expressly empowered to enter, against any department, agency,
officer, or employee of the United States, any decree, judgment, or
order which may be necessary or appropriate to make such budget
authority available for obligation or compel production of such
information, documentation, views, or access.
``(c) Notice.--No civil action shall be brought by the Comptroller
General to require budget authority be made available under this
section until the expiration of 15 calendar days following the date on
which an explanatory statement by the Comptroller General of the
circumstances giving rise to the action contemplated is filed with the
Speaker of the House of Representatives and the President of the
Senate, except that expiration of such period shall not be required if
the Comptroller General finds (and incorporates the finding in the
explanatory statement filed) that such delay would be contrary to the
public interest.''.
SEC. 106. PENALTIES FOR FAILURE TO COMPLY WITH THE IMPOUNDMENT CONTROL
ACT OF 1974.
(a) In General.--Part B of the Impoundment Control Act of 1974 (2
U.S.C. 682 et seq.), as amended by section 103(a), is further amended
by adding at the end the following:
``penalties for failure to comply
``Sec. 1020. (a) Administrative Discipline.--An officer or
employee of the United States Government who withholds or causes to be
withheld the obligation of budget authority that is required to be made
available for obligation under this part shall be subject to
appropriate administrative discipline, including, when circumstances
warrant, suspension from duty without pay or removal from office.
``(b) Criminal Penalty.--An officer or employee of the United
States Government who knowingly and willfully withholds or causes to be
withheld the obligation of budget authority that is required to be made
available for obligation under this part shall be fined not more than
$5,000, imprisoned for not more than 2 years, or both.
``(c) Reporting Violations.--
``(1) In general.--In the event of a violation of section
1001, 1012, 1013, or 1018 of this part, or in the case that the
Comptroller General issues a legal decision concluding that a
department, agency, or office of the United States violated
this part, the President or the head of the relevant department
or agency as the case may be, shall report immediately to
Congress all relevant facts and a statement of actions taken. A
copy of each report shall also be transmitted to the
Comptroller General and the relevant inspector general on the
same date the report is transmitted to the Congress.
``(2) Contents.--Any such report shall include a summary of
the facts pertaining to the violation, the title and Treasury
Appropriation Fund Symbol of the appropriation or fund account,
the amount involved for each violation, the date on which the
violation occurred, the position of any individuals responsible
for the violation, a statement of the administrative discipline
imposed and any further action taken with respect to any
officer or employee involved in the violation, a statement of
any additional action taken to prevent recurrence of the same
type of violation, and any written response by any officer or
employee identified by position as involved in the violation.
In the case that the Comptroller General issues a legal
decision concluding that a department, agency, or office of the
United States violated this part and the relevant department,
agency, or office does not agree that a violation has occurred,
the report provided to Congress, the Comptroller General, and
relevant inspector general will explain the position of the
department, agency, or office.
``(3) Opportunity to respond.--If any such report
identifies the position of any officer or employee as involved
in the violation, such officer or employee shall be provided a
reasonable opportunity to respond in writing, and any such
response shall be appended to the report.
``(d) Attorney General Review of Reports.--In the case that a
report is transmitted under subsection (c), the Attorney General shall
promptly review such report and investigate to the extent necessary to
determine whether there are reasonable grounds to believe that the
responsible officer or employee knowingly and willfully violated
section 1001, 1012, 1013, or 1018 of this part, as applicable. If the
Attorney General determines that there are such reasonable grounds, the
Attorney General diligently shall investigate a criminal violation
under this section.''.
(b) Clerical Amendment.--The table of contents of the Congressional
Budget and Impoundment Control Act of 1974 set forth in section 1(b) of
such Act, as amended by section 103(b), is further amended by inserting
after the item relating to section 1019 the following:
``1020. Penalties for failure to comply.''.
SEC. 107. CLARIFICATION OF TREATMENT OF GAO REPORT AS SPECIAL MESSAGE.
Section 1015(a) of the Congressional Budget and Impoundment Control
Act of 1974 (2 U.S.C. 686(a)) is amended by striking the last sentence
and inserting ``Any funds with respect to which such reserve or
deferral apply may not be proposed for reservation or deferral pursuant
to a special message under section 1012 or 1013 on or after the date
that the Comptroller General submits such report.''.
SEC. 108. CONGRESSIONAL DESIGNATIONS.
Section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901(b)(2)(A)) is amended--
(1) in clause (i), by striking ``and the President
subsequently so designates''; and
(2) in clause (ii), by striking ``and the President
subsequently so designates''.
TITLE II--STRENGTHENING TRANSPARENCY AND REPORTING
Subtitle A--Funds Management and Reporting to the Congress
SEC. 211. EXPIRED BALANCE REPORTING IN THE PRESIDENT'S BUDGET.
Section 1105(a) of title 31, United States Code, is amended by
adding at the end the following:
``(40) for the budget for each of fiscal years 2027 through
2031, a report--
``(A) identifying unobligated expired balances as
of the beginning of the current fiscal year and the
beginning of each of the preceding 2 fiscal years by
agency and the applicable Treasury Appropriation Fund
Symbol or fund account; a