Chairman Yarmuth’s Statement on Passage of Omnibus, Inclusion of Power of the Purse Reforms

Dec 23, 2022

Washington, DC — Today, Kentucky Representative John Yarmuth, Chair of the House Budget Committee, released the following statement after the House passed omnibus government funding legislation for Fiscal Year 2023. The legislation passed the Senate on Thursday by a vote of 68-29 and now heads to President Biden’s desk for his signature.

The omnibus includes provisions authored by Chairman Yarmuth — and contained in Title V of the Protecting Our Democracy Act — to safeguard Congress’s Article I spending authorities and promote transparency and accountability of Executive spending.

Most notably, Yarmuth’s provisions make permanent a requirement that the Office of Management and Budget (OMB) maintain a public apportionment website. While the FY22 omnibus only required the apportionment website to be operational for that fiscal year, the FY23 omnibus legislation makes it permanent.

“The Fiscal Year 2023 government funding legislation is a significant victory for American families and our Democracy,” said Chairman Yarmuth. “This legislation includes significant increases in vital non-defense discretionary funding, which will help secure health care coverage for vulnerable children, care for our veterans, and hasten communities’ recoveries from emergency disasters, among many other things.”

“I am especially proud that this legislation includes provisions I have long championed as Chair of the Budget Committee to reassert Congress’ Constitutional power of the purse and oversight responsibilities,” Yarmuth continued. “The legislation will permanently make all apportionments publicly available — improving congressional and public oversight of Executive spending and preventing flagrant violations of foundational budget laws. This legislation caps a historically productive 117th Congress where Democrats consistently put people over politics and worked tirelessly within our caucus and across the aisle to deliver real victories for American families.”

Three Yarmuth-authored provisions — relating to apportionment transparency and reporting — were included in the omnibus under the Financial Services and General Government (FSGG) Appropriations Act, 2023. The text of the omnibus legislation is here, and the relevant provisions — Sections 204, 748, and 749 of the FSGG Appropriations Act, 2023 — are excerpted below.

For more information on Chairman Yarmuth’s provisions in the Protecting Our Democracy Act, click here.

Financial Services and General Government Appropriations Act, 2023

SEC. 204. In fiscal year 2023 and each fiscal year thereafter—(1) the Office of Management and Budget shall operate and maintain the automated system required to be implemented by section 204 of the Financial Services and General Government Appropriations Act, 2022 (division E of Public Law 117–103) and shall continue 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 that term is defined in section 3502 of title 44, United States Code); and (2) the requirements specified in subsection (c), the first and second provisos of subsection (d)(1), and subsection (d)(2) of such section 204 shall continue to apply.

SEC. 748. In the event of a violation of the Impoundment Control Act of 1974, the President or the head of the relevant department or agency, as the case may be, shall report immediately to the Congress all relevant facts and a statement of actions taken: Provided, That a copy of each report shall also be transmitted to the Committees on Appropriations of the House of Representatives and the Senate and the Comptroller General on the same date the report is transmitted to the Congress.

SEC. 749. (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.