Congressional Power of the Purse Act
This bill, the Congressional Power of the Purse Act, would markedly expand and formalize congressional oversight over federal budgeting, appropriations, and emergencies. It would (a) prohibit “fast-track” impoundment procedures for several years and create new requirements that budget authority be prudently obligated; (b) require additional reporting and notification to Congress on how money is apportioned, obligated, transferred, canceled, or otherwise managed; (c) empower the Comptroller General (GAO) to request information, pursue litigation, and publish findings more aggressively; (d) add new transparency measures, including expanded reporting on expired, cancelled, lapsed, and emergency spending; and (e) subject national emergencies to periodic congressional review and impose constraints on emergency powers, while boosting oversight through nonpartisan agencies and public access to legal opinions. In short, it aims to make Congress a more active, continuous arbiter of the federal purse and the use of emergency authorities. Impact would be felt by Congress (Budget and Appropriations committees, oversight bodies), federal agencies (more routine reporting and stricter control over when and how funds can be obligated), and the public (greater transparency around budget decisions and emergency spending). There are also new avenues for enforcement, including potential civil actions and penalties for noncompliance.
Key Points
- 1Strengthened control over budget impoundment and prudent obligation
- 2- Prohibits fast-track Impoundment Act procedures for a multi-year period (through January 20, 2029).
- 3- Adds new Sec. 1018 requiring budget authority that is proposed to be rescinded, reserved, or deferred to be available for obligation in time to be prudently obligated, and not withheld within 90 days before the end of its period of availability.
- 4- Adds Sec. 1019 requiring agencies to notify the Budget and Appropriations committees if apportionments are not made on time or otherwise hinder prudent obligation, with detailed identification of accounts.
- 5Expanded reporting, review, and enforcement
- 6- Sec. 104 empowers the Comptroller General (GAO) to review compliance, issue reports on noncompliance, and require agencies to provide information within a set timeframe; broad access to agency personnel and records is granted.
- 7- Sec. 105 authorizes advance congressional notification and, if needed, litigation (civil actions) to compel timely budget authority and information production.
- 8- Sec. 106 adds penalties for improper withholding of budget authority, including potential administrative discipline and criminal penalties; requires timely reporting to Congress of violations, with details of the violations and actions taken.
- 9- Sec. 107 clarifies GAO reports’ treatment in relation to budget messages, limiting certain deferrals once a Comptroller General report is issued.
- 10- Sec. 108 changes congressional designation rules for certain budgetary designations.
- 11Higher budget transparency and reporting in the President’s budget
- 12- Sec. 211-216 requires expanded reporting on expired balances, cancelled balances, lapse in appropriations, transfers/repurposing authority, and emergency spending related to national emergencies.
- 13- New subsections would require agencies to disclose balances that are unobligated or may have been canceled, and to explain material variances or unusual activity, including indefinite appropriations.
- 14Increased nonpartisan oversight and public accounting
- 15- Sec. 221 requires agencies to respond to GAO requests for budget/appropriations information within 20 days, with enforcement through litigation if needed.
- 16- Sec. 222-223 expands antideficiency act (AAA) reporting and requires DOJ to assist, investigate, and report annually to Congress on AAA violations.
- 17- Sec. 224 expands access to information from Congress for Members of Congress, potentially broadening committee oversight.
- 18- Sec. 225 introduces a GAO-led ability to sue to stop ongoing violations of the anti-deficiency laws.
- 19- Sec. 226 establishes an Inspector General for the Office of Management and Budget (OMB) with defined jurisdiction.
- 20- Sec. 227 mandates public publication (with timing and declassification safeguards) of final DOJ Office of Legal Counsel opinions on budget/appropriations questions.
- 21National emergencies and emergency powers reform
- 22- Title III creates a framework for congressional review of national emergencies and requires reporting on proposed, planned, and actual obligations and expenditures tied to emergencies.
- 23- Allows for exclusion of certain emergencies invoking the International Emergency Economic Powers Act (IEEPA) and sets guidelines for conforming amendments and effective dates.
- 24- Subtitle B imposes limits on emergency authorities, including provisions related to presidential actions under the Communications Act (1934) and disclosure requirements for presidential emergency action documents.
- 25Additional tools for accountability
- 26- Requires publication and accessible format for DOJ OLC opinions (with exceptions) and ensures reasonably segregable portions are released when redactions are necessary.
- 27- Strengthens mechanisms to enforce compliance, including court-ordered remedies and explicit timelines for responses.