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Chairman Yarmuth Statement on Signing of Omnibus, Inclusion of Power of the Purse Reforms

Mar 15, 2022

Washington, D.C. – Today, Kentucky Representative John Yarmuth, Chair of the House Budget Committee, released a statement on the Omnibus Appropriations package signed into law by President Joe Biden this afternoon. The Omnibus included provisions authored by Chairman Yarmuth and contained in Title V of the Protecting Our Democracy Act which, for the first time, will require the Office of Management and Budget (OMB) to make apportionments public and report all apportionments to Congress.

“Combined with increased funding for critical government programs, this legislation represents a monumental investment in working families, communities across the country, and our nation’s future,” said Chairman Yarmuth. “This historic funding legislation also includes reforms I have championed as Chairman of the Budget Committee to reassert Congress’ power of the purse in the wake of flagrant disregard for foundational budget laws by previous Administrations. These commonsense reforms will help Congress restore its central role in funding decisions and fulfill its oversight responsibilities by requiring apportionment transparency and reporting.

“I’m proud of the Budget Committee’s work to ensure these reforms and critical investments were included in this legislation, and I’m honored to see President Biden sign it into law.”

Two power of the purse provisions—relating to apportionment transparency and reporting—were agreed to as part of the Omnibus in the Financial Services and General Government (FSGG) Appropriations Act, 2022.  The enrolled Omnibus bill is here, and the relevant appropriations Act provisions, sections 204 and 748 of the FSGG Appropriations Act, 2022, are excerpted below. For more information on the Protecting Our Democracy Act, please visit: budget.house.gov/protecting-our-democracy-act.

Financial Services and General Government Appropriations Act, 2022

SEC . 204. (a) Beginning not later than 10 days after the date of enactment of this Act and until the requirements of subsection (b) are completed, the Office of Management and Budget shall provide to the Committees on Appropriations and the Budget of the House of Representatives and the Senate each document apportioning an appropriation, pursuant to section 1513(b) of title 31, United States Code, approved by the Office of Management and Budget, including any associated footnotes, not later than 2 business days after the date of approval of such apportionment by the Office of Management and Budget.

(b) Not later than 120 days after the date of enactment of this Act, the Office of Management and Budget shall complete implementation of an automated system to post each document apportioning an appropriation, pursuant to section 1513(b) of title 31, United States Code, including any associated footnotes, in a format that qualifies each such document as an Open Government Data Asset (as defined in section 3502 of title 44, United States Code), not later than 2 business days after the date of approval of such apportionment, and shall place on such website each document apportioning an appropriation, pursuant to such section 1513(b), including any associated footnotes, already approved the current fiscal year, and shall report the date of completion of such requirements to the Committees on Appropriations and the Budget of the House of Representatives and Senate.

(c) Each document apportioning an appropriation pursuant to section 1513(b) of title 31, United States Code, that is posted on a publicly accessible website pursuant to such section shall also include a written explanation by the official approving each such apportionment stating the rationale for any footnotes for apportioned amounts: Provided, That the Office of Management and Budget or the applicable department or agency shall make available classified documentation referenced in any apportionment at the request of the chair or ranking member of any appropriate congressional committee or subcommittee.

(d)(1) Not later than 15 days after the date of enactment of this Act, any delegation of apportionment authority pursuant to section 1513(b) of title 31, United States Code, that is in effect as of such date shall be submitted for publication in the Federal Register: Provided, That any delegation of such apportionment authority after the date of enactment of this section shall, on the date of such delegation, be submitted for publication in the Federal Register: Provided further, That the Office of Management and Budget shall publish such delegations in a format that qualifies such publications as an Open Government Data Asset (as defined in section 3502 of title 44, United States Code) on a public Internet website, which shall be continuously updated with the position of each Federal officer or employee to whom apportionment authority has been delegated.

(2) Not later than 5 days after any change in the position of the approving official with respect to such delegated apportionment authority for any account is made, the Office shall submit a report to the appropriate congressional committees explaining why such change was made.

SEC . 748. (a) Each department or agency of the executive branch of the United States Government shall notify the Committees on Appropriations and the Budget of the House of Representatives and the Senate and any other appropriate congressional committees if—

(1) an apportionment is not made in the required time period provided in section 1513(b) of title 31, United States Code;

(2) an approved apportionment received by the department or agency conditions the availability of an appropriation on further action; or

(3) 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.

(b) Any notification submitted to a congressional committee pursuant to this section shall contain information identifying the bureau, account name, appropriation name, and Treasury Appropriation Fund Symbol or fund account.

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