H.R. 5220 — Congressional Power of the Purse Act

This section requires the President's budget for FY2027 through FY2031 to include a report (1) identifying unobligated expired balances—funds appropriated for a fiscal year but no longer available for obligation—as of the beginning of the current fiscal year and the two preceding fiscal years, by agency and Treasury Appropriation Fund Symbol or fund account; and (2) explaining any such balances exceeding the lesser of 5% of total appropriations for that account or $100 million.

This section requires the President's budget for each of FY2027 through FY2031 to include a report on cancelled appropriation balances (pursuant to 31 U.S.C. §1552(a)) that (1) identifies such balances for the preceding three fiscal years by agency and Treasury Appropriation Fund Symbol or fund account; (2) explains balances in any such symbol or account exceeding the lesser of 5% of total appropriations for that account or $100 million; and (3) tabulates, by such symbol or account and appropriation, all indefinite-period appropriation balances not meeting closure criteria under 31 U.S.C. §1555 but for which either the agency head or President has determined the purposes carried out or no disbursements occurred in the prior and preceding fiscal years (or are estimated at zero in the current year).

This section requires the President's annual budget submission to include a report identifying any obligations or expenditures made by departments or agencies during a lapse in appropriations of five consecutive days or more in the preceding fiscal year when funds were unavailable. For each such obligation or expenditure, the report must provide (1) the amount obligated or expended, (2) the affected account, (3) the authorizing exception under subchapter III of chapter 13 or subchapter II of chapter 15 of title 31, United States Code, or other legal authority, and (4) any change in the application of such an exception from prior reports under this requirement.

This section requires the President's FY2027 budget submission to include a report identifying any transfer authority or other authority to repurpose appropriations provided in laws other than appropriations acts. For each such authority, the report must provide the statutory citation, list of covered departments or agencies, conditions for its use, and details on any uses in the preceding three fiscal years.

This section establishes a new authority at 31 U.S.C. §1555a for the head of an agency or the President to cancel any remaining obligated or unobligated balance in an appropriation available for an indefinite period within an indefinite appropriation account that does not qualify for closure under existing law (31 U.S.C. §1555), provided that (1) the purposes of the appropriation have been carried out and (2) no disbursement has been made against it for two consecutive fiscal years. (Thus, the canceled balance thereafter is unavailable for any obligation or expenditure.)

This section requires the President's annual budget submission to include a report on proposed, planned, and actual obligations and expenditures of funds (for the prior fiscal year, current fiscal year, and budget years) attributable to powers and authorities exercised under each national emergency declared by the President and active during those years. The report must organize information by Treasury Appropriation Fund Symbol or fund account and by program, project, and activity, including (1) descriptions of each, (2) relevant statutory authorities, and (3) purpose and progress toward addressing the emergency; it must also detail any fund transfers, reprogrammings, or repurposings, including amounts, authorizing authorities, and descriptions of affected programs, projects, and activities (including funding reductions).

This section establishes, in new 31 U.S.C. §722, a requirement for federal agencies to provide the Comptroller General of the United States (GAO) with requested information, documentation, or views relating to a decision or opinion on budget or appropriations law within 20 days of a written request (unless the request specifies otherwise). If an agency fails to comply, (1) GAO must notify in writing the Senate Committee on Homeland Security and Governmental Affairs, the House Committee on Oversight and Accountability, and any other appropriate congressional committee of the failure; (2) GAO may bring a civil action in the U.S. District Court for the District of Columbia to compel production; and (3) the court may enter any necessary decree, judgment, or order against the agency, its officers, or employees. This section does not limit GAO's existing authorities under 31 U.S.C. §716 (i.e., investigative powers including subpoenas).

This section modifies reporting requirements for executive agency and District of Columbia government violations of Antideficiency Act provisions prohibiting obligations or expenditures exceeding available appropriations (31 U.S.C. §§ 1341(a), 1342) or violating expenditure limitations (31 U.S.C. § 1517), as follows: (1) requires agency heads or the DC Mayor to report violations upon determination by the Comptroller General (GAO), in addition to agency determinations; (2) adds the Attorney General as a report recipient (previously the President, Congress, and Comptroller General); and (3) requires reports to include the violated provision, summary of facts, title and Treasury Appropriation Fund Symbol of the appropriation or fund account, amount and date of each violation, position of any responsible officer or employee, administrative discipline imposed and further actions taken, additional actions to prevent recurrence, any determination that the violation was not knowing and willful, written response by any involved officer or employee, and the agency's explanation if disagreeing with a GAO determination of violation. For violations of §§ 1341(a) or 1342, it further requires GAO to report any such violation and available information to Congress if the agency head or DC Mayor fails to submit the required report.

This section amends the criminal penalty provisions for Antideficiency Act violations (31 U.S.C. §§1341(a), 1342, and 1517(a)) at 31 U.S.C. §§1350 and 1519 to— (1) require the Attorney General, upon agency reports under 31 U.S.C. §§1351 or 1517(b), to promptly review for reasonable grounds of knowing and willful violations by responsible officers or employees and, if found, diligently investigate criminal violations; and (2) require the Attorney General to submit to Congress and the Comptroller General by March 31 each year an annual report—separately for each executive agency and the District of Columbia government—detailing the number of reports transmitted to the President and reviewed, non-identifying descriptions and statuses of investigations, and updates on prior reviews or investigations. (The Antideficiency Act prohibits obligating or expending funds in excess of available appropriations or before funds are appropriated. Thus, these requirements increase oversight and transparency of federal enforcement against such violations, which are punishable by fines up to $5,000, imprisonment up to two years, or both.)

This section amends the Freedom of Information Act (FOIA) to specify that FOIA does not authorize withholding information from Congress, the Government Accountability Office, or any Member of Congress (adding individual Members to the existing protection for Congress and GAO). (Thus, FOIA exemptions do not apply to requests from individual Members of Congress.)

This section establishes authority for the Comptroller General to bring civil suits in the U.S. District Court for the District of Columbia against federal departments, agencies, officers, or employees to stop ongoing violations of the Antideficiency Act (i.e., §§1341(a), 1342, or 1517(a) of title 31, U.S. Code, which prohibit obligating or expending unappropriated funds, accepting voluntary services, or exceeding apportionments). (Thus, the court may issue any necessary decree, judgment, or order to halt such violations.)

This section establishes an Office of Inspector General (IG) for the Office of Management and Budget (OMB) by (1) amending the definition of "establishment" and "head of the establishment" in 5 U.S.C. §401 to include OMB and its Director, respectively; (2) adding a new 5 U.S.C. §425 to limit the OMB IG's jurisdiction to matters specifically assigned by law, legal requirements delegated to OMB, or OMB's compliance with legal requirements (thus, excluding the broader independent audit and investigative authority typical of other federal IGs); and (3) requiring the President to appoint an OMB IG within 120 days of enactment in accordance with 5 U.S.C. §403(a). (As background, OMB coordinates the federal budget process, regulatory review, and executive management policy across the government.)

This section requires the Department of Justice Office of Legal Counsel (OLC) to publish final opinions on budget or appropriations law on its public website in a searchable, sortable, and fully downloadable format as soon as practicable, subject to a phased schedule tied to the date of enactment: (1) within 30 days for opinions issued or updated after enactment; (2) within one year for opinions issued after January 20, 1993; (3) within two years for opinions issued from January 20, 1981, to January 19, 1993; (4) within three years for opinions issued from January 20, 1969, to January 19, 1981; and (5) within four years for all earlier opinions. (OLC opinions interpret laws for executive branch officials, including whether proposed actions comply with congressional appropriations restrictions.) The section limits withholding of such opinions or portions thereof to narrow exceptions (e.g., properly classified information after declassification review and Attorney General determination that national security interests outweigh public access; presidential executive privilege claim; statutory exemptions beyond FOIA; trade secrets; or personal privacy invasions), requires written public determinations by the Attorney General effective for three years (subject to review), mandates detailed unclassified summaries and notations for substantially withheld opinions, and requires release of all reasonably segregable non-exempt portions with indications of withholdings. Publication must occur on a publicly accessible website in open, platform-independent format with search tools by title, date, or full text; the provision does not limit FOIA rights or other remedies.

This section amends the National Emergencies Act to establish Title II, requiring congressional approval for presidential declarations of national emergencies made after enactment. (1) It authorizes the President to declare such emergencies by proclamation—specifying the statutory powers to be invoked and transmitting it to Congress and the Federal Register—but limits their initial effectiveness, and the exercise of any specified powers, to 45 calendar days unless approved by a joint resolution (enacted under expedited procedures in new section 203). (2) It requires annual renewal via Executive order and joint resolution approval, with automatic termination after one year absent such renewal; unapproved emergencies bar the President from declaring subsequent ones on the same circumstances or exercising the specified powers for the remainder of that President's term. (3) It specifies termination effects, including cessation of powers, return of unobligated reprogrammed funds, and contract terminations (with savings for ongoing legal actions and matured rights); future laws supersede these provisions only if explicitly stated. (As background, the National Emergencies Act currently enables indefinite presidential declarations invoking over 130 statutory emergency powers without required specification, automatic expiration, or congressional approval.)

This section amends reporting requirements under the National Emergencies Act by (1) requiring the President to make publicly available the semiannual reports on expenditures during a national emergency or war—previously transmitted only to Congress within 90 days after each six-month period—and the final report on all such expenditures, previously transmitted only to Congress within 90 days after termination; and (2) establishing new requirements for the President to transmit written reports to the Speaker and minority leader of the House and the House Committee on Transportation and Infrastructure and Senate Committee on Homeland Security and Governmental Affairs. Those reports must accompany any proclamation declaring a national emergency, Executive order specifying or using new emergency powers, or renewal of an emergency and must include (A) a description of the circumstances necessitating the action, (B) the estimated duration or a statement that it cannot be reasonably estimated, (C) a summary of intended actions (including any fund reprogramming or transfers) and statutory authorities to be relied upon, (D) estimated expenditures for the upcoming six-month period attributable to the emergency, and (E) for renewals, a summary of actions taken in the preceding year (including any fund reprogramming or transfers). This section further requires the President to provide additional information on any national emergency as requested by those entities and, at least every six months during an emergency, to report to them on its status, total expenditures incurred, actions taken, and authorities relied upon. (As background, the National Emergencies Act declares most presidential emergency powers to terminate after one year unless renewed and previously required only confidential transmittal to Congress of significant orders and expenditure reports.)

This section adds Title VI to the National Emergencies Act (NEA), designated "Declarations of certain emergencies invoking International Emergency Economic Powers Act," comprising transferred former NEA §§201 (declaration procedures), 202 (renewal and termination procedures), and 301 (exercise of powers), redesignated as §§601, 602, and 603, and new §604 limiting Title VI's applicability to national emergencies invoking only International Emergency Economic Powers Act (IEEPA) authorities (thus excluding emergencies invoking additional statutory emergency powers). It strikes the heading of NEA Title II. (As background, NEA §§201, 202, and 301 generally govern how presidents declare national emergencies, require annual renewals for continuation beyond one year, enable congressional termination by joint resolution, and limit emergency powers to those specified in declarations.)

This section (1) repeals Title III of the National Emergencies Act (50 U.S.C. 1631), which requires the President to specify the statutory provisions under which emergency powers and authorities will be exercised, either in the national emergency declaration or by subsequent executive order; and (2) amends sec. 207(b) of the International Emergency Economic Powers Act (50 U.S.C. 1706) to replace "concurrent resolution" with "joint resolution" each place it appears. (Thus, congressional termination of national emergencies declared under IEEPA now requires enactment of a joint resolution, which is subject to presidential veto, rather than a concurrent resolution that does not require presidential approval.)

This section establishes that the title and its amendments take effect on the date of enactment and apply to national emergencies declared under §201 of the National Emergencies Act (NEA) on or after such date, except as provided in subsection (b). Subsection (b) subjects renewals of pre-enactment NEA emergencies—those that would expire or be renewed under former §202(d)—to the renewal requirements of amended §202(b). Subsection (c) provides that the title supersedes title II of the NEA (50 U.S.C. 1621 et seq.) as in effect prior to enactment.

This section amends presidential authority over radio communications during emergencies under section 706 of the Communications Act of 1934 by—(1) requiring the President, in addition to deeming action necessary for national security or defense, to declare a national emergency before suspending or amending FCC rules applicable to stations or devices capable of emitting electromagnetic radiations (10 kilocycles to 100,000 megacycles) or closing such facilities; and (2) rephrasing the proclamation condition in subsection (d) from one "there exists" a state or threat of war or other peril to one that "a national emergency exists by virtue of there being" such conditions before suspending certain radio station license requirements. (As background, section 706 authorizes the President during war or national emergency to prioritize essential defense communications with carriers, deploy armed forces against obstructions, and take the radio spectrum control measures modified here.)

This section requires the President to submit any presidential emergency action document (PEAD)—i.e., any document from a federal agency, including the Executive Office of the President, designated to implement presidential emergency decisions or trigger federal operational changes upon an emergency declaration—to the Senate Committee on Homeland Security and Governmental Affairs and the House Committee on Oversight and Accountability (1) within three days of its approval, adoption, or revision and (2) all existing PEADs within 15 days of enactment. The section further grants those committees continuing legislative oversight jurisdiction over the proposal, creation, implementation, and execution of PEADs; requires all federal agency officers and employees to cooperate with such oversight; and mandates security clearances and access for the committees' chairpersons, ranking members, and designated staff, including under special access programs.