Sponsors (42)
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Inserts new sections (1018 Justiciability and 1019 Severability) into Title X of the Congressional Budget and Impoundment Control Act of 1974 by adding them after section 1017.
Amends section 1(b) (the table of contents) of the Congressional Budget and Impoundment Control Act of 1974 by inserting new table-of-contents entries for sections 1018 and 1019 immediately after the item relating to section 1017.
Modifies section 1011 of the Congressional Budget and Impoundment Control Act (2 U.S.C. 682) by adjusting punctuation in existing paragraphs (4) and (5) and adding a new paragraph (6) that provides a definition of the term "contingencies."
Replaces the existing text of 2 U.S.C. 681 (Section 1001 of the Congressional Budget and Impoundment Control Act of 1974) with new statutory text that adds detailed findings (subsection (a)), restates a disclaimer (subsection (b)), and adds a new "sense of Congress" statement (subsection (c)) clarifying the permissible mechanisms for the President to fail to obligate or expend funds.
The bill tightens rules around how the Executive Branch may withhold, delay, or rescind spending that Congress has appropriated. It clarifies that Congress has the “power of the purse,” defines “contingencies” for budget actions, gives the Comptroller General (GAO) stronger legal weight and access to records, requires reporting when GAO impoundment determinations are ignored, and makes failures to make required budget authority available subject to judicial review under the Administrative Procedure Act. It also adds standard severability language and instructs the addition of a new title to the existing Impoundment Control Act.
Article I of the Constitution vests the legislative power, and particularly the exclusive power of the purse, in Congress.
Article II, Section 3 vests the executive power in the President subject to the obligation that the President take care that the laws be faithfully executed, including laws by which Congress exercises its power of the purse.
Congress alone has the constitutional power to appropriate funds, and the President has the obligation to faithfully execute those laws and to obligate as well as expend funds that have been lawfully appropriated.
Constitutional scholars and practitioners agree that appropriations constrain executive spending; the section cites opinions and memoranda (including those by William H. Rehnquist and John G. Roberts, Jr.) to support this view.
The Congressional Budget and Impoundment Control Act of 1974 was enacted in response to claims of presidential impoundment authority that threatened historical practice.
Primary impacts:
Federal agencies and the Executive Branch: Agencies will face greater oversight and procedural requirements. They must provide timely access to records for GAO impoundment reviews and may have to change practices for deferrals, rescissions, or other actions that delay obligation or expenditure of appropriated funds. Agencies may also face increased litigation risk if courts treat non‑provision of budget authority as a reviewable final agency action.
Comptroller General / GAO: GAO gains stronger legal standing—its legal interpretations are to be given substantial deference—and broader practical access to Executive records needed to assess impoundment actions. GAO determinations will carry more weight in congressional oversight and in subsequent reporting.
Congress and oversight offices: Congress gains clearer statutory tools to enforce appropriations and to obtain information when the Executive delays or withholds funds. Reporting requirements will increase visibility into Executive noncompliance.
Courts and litigants: The bill expressly makes failures to make budget authority available judicially reviewable under the APA, so private parties (e.g., contractors, grant recipients, states, or individuals harmed by non‑obligation of funds) and Congress may bring legal challenges more readily. This will likely increase litigation over impoundment disputes and procedural issues.
Recipients of federal programs and services, contractors, grantees, and beneficiaries: Individuals and entities that depend on timely obligation or disbursement of appropriated funds may benefit from faster remedies and clearer legal avenues if funds are improperly delayed or withheld; however, litigation or administrative adjustments could also create short‑term uncertainty.
Net effect: The bill strengthens congressional oversight and GAO authority, reduces Executive flexibility to withhold appropriated funds without process, and increases the likelihood of judicial review and administrative reporting—producing greater transparency but also more procedural and legal work for agencies and potentially more litigation.
Expand sections to see detailed analysis
Referred to the Committee on the Budget, and in addition to the Committee on Rules, 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.
Introduced May 15, 2025 by Sam T. Liccardo · Last progress May 15, 2025
Referred to the Committee on the Budget, and in addition to the Committee on Rules, 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.
Introduced in House