PolicyBrief
H.R. 3787
119th CongressJun 5th 2025
Emergency Spending Accountability Act
IN COMMITTEE

This Act establishes an automatic sequestration process to offset future discretionary or direct emergency spending approved by Congress, with specific reporting requirements for designating spending as an emergency.

Marlin Stutzman
R

Marlin Stutzman

Representative

IN-3

LEGISLATION

Emergency Spending Bill Mandates 4-Year Automatic Cuts to Pay Back Costs, Protects Social Security and Defense

This legislation, the Emergency Spending Accountability Act, is basically Congress setting up a mandatory payment plan for itself whenever it declares something an “emergency.” If Congress approves spending that is specifically labeled as “emergency spending,” the bill requires those costs to be paid back automatically over the next four years.

Starting October 1st of the year after the emergency money goes out, the Office of Management and Budget (OMB) Director must issue orders to cut spending across the board. These cuts, known as sequestration, must equal 20% of the original emergency spending amount each year until the full cost is covered (Section 2). Think of it like a five-year loan with four years of mandatory repayments. Importantly, the cuts only hit the same category of spending that the emergency funds came from—discretionary spending (like agency budgets) repays discretionary spending, and direct spending (like mandatory benefit programs) repays direct spending.

The 'Pay-As-You-Go' Mechanism

The core idea here is to create a fiscal consequence for using the emergency spending loophole, which normally allows Congress to bypass budget caps. For regular people, this means that every time there’s a massive natural disaster, a war, or a pandemic that requires emergency funds, the government is immediately forced to start looking for savings to cover the bill. This structure could make Congress think twice before designating things as “emergencies” if they aren't truly unanticipated, which is a key requirement of the bill (Section 2).

To ensure this isn't just a blank check, the bill also tightens the rules for declaring an emergency. Any committee reporting a bill with emergency spending must provide a detailed, written justification explaining why the spending meets the legal definitions of both “emergency” and “unanticipated.” If you’ve ever wondered why Congress calls things an emergency, this bill forces them to put that reasoning on the record, making the process much more transparent.

Who Gets the Bill and Who Gets a Pass

While the bill forces repayment, it doesn't apply those cuts evenly across the entire budget. Several major programs are completely protected from these mandatory cuts, regardless of how much emergency spending Congress approves. These protected areas include Social Security, Medicare, all Department of Veterans Affairs programs, and the entire national defense budget (Section 2). This means that if Congress approves $100 billion in emergency funds, the $20 billion annual repayment will not come out of your Medicare benefits or the VA budget.

However, this protection means that other non-protected programs will have to bear the entire burden of the repayment. If the emergency spending was discretionary (like funding for infrastructure, education, or scientific research), the automatic cuts will hit those unprotected discretionary accounts. For a government employee, this might mean fewer resources for their agency, hiring freezes, or reduced funding for a local grant program they rely on. If the emergency spending was direct (non-protected mandatory programs), then those programs, which often include agricultural subsidies or specific housing assistance, would face the automatic cuts.

The Real-World Impact on Agencies

This automatic, mandatory cut mechanism gives the OMB Director significant power over agency budgets. Imagine you run a non-protected agency—say, the National Weather Service or the National Parks Service—and Congress passes a huge emergency relief bill. The following year, your budget is automatically reduced by a formulaic percentage, forcing you to cut programs or staff, even if your agency had nothing to do with the emergency spending itself. This introduces a layer of budget uncertainty for non-protected government operations, forcing them to constantly brace for potential sequestration orders based on Congress's prior emergency actions.

Ultimately, this bill is a strong attempt to rein in the use of “emergency” spending by attaching a mandatory repayment mechanism. It creates fiscal discipline, but it does so by placing the full financial burden on a limited pool of unprotected government programs, ensuring that the critical safety net programs remain untouched while other essential services might face sudden, sharp cuts.