H.R. 5438: Incentivize Savings Act

Introduced Sep 17, 202569 cosponsors

Sponsor

Richard McCormick

Richard McCormick

Republican · GA-7

Bill Progress

IntroducedSep 17
Committee 
Pass House 
Pass Senate 
Signed 
Law 

Latest Action · Feb 4, 2026

1/4

Committee approved bill for floor consideration (Amended) by the Yeas and Nays: 25 - 19.

Ending the government's use-it-or-lose-it spending rush

4 min readLast updated May 18, 2026

Why it matters

Every dollar a federal agency doesn't spend by its deadline normally vanishes back to the Treasury, and offices often rush to burn it first. H.R. 5438 changes the deal: of any money left unspent, 49% stays with the agency for another year, 49% pays down the national debt, and 2% funds employee retention bonuses. In exchange, an agency that uses the rule can't ask for a bigger budget the next year beyond inflation. The bill cleared the House Oversight Committee on a 25-19 vote and has 69 cosponsors, a handful from both parties.

H.R. 5438, the Incentivize Savings Act, sets a new rule for what happens to time-limited money a federal agency doesn't spend before its deadline. Today most of it goes back to the Treasury. Under the bill, it splits three ways: 49% stays with the agency for one more year, 49% goes to principal and interest on the national debt, and 2% funds retention bonuses for employees.

The math is easy to picture. For every $100 million an agency leaves on the table, $49 million carries over, $49 million pays down debt, and up to $2 million goes to staff bonuses — and no single bonus can top 10% of an employee's basic pay. Any bonus money not paid out also goes to the debt.

H.R. 5438 Bill Summary

What H.R. 5438 actually does.

1

Unspent money no longer just disappears

If an agency doesn't spend its time-limited funds by the deadline, it keeps 49% of the leftover for one additional fiscal year instead of returning all of it.

2

Half the savings pays down the national debt

Another 49% of any unspent funds must be used for payments of principal and interest on the public debt.

3

A slice funds employee retention bonuses

The remaining 2% of unspent funds is set aside for retention bonuses, paid within 30 days after the funding period ends.

4

Bonuses are capped at 10% of pay

No retention bonus paid under the bill can exceed 10% of an employee's basic pay, and any bonus money left over goes to the public debt.

5

Saving money freezes next year's budget request

Once an agency uses these rules, its budget request the following year can't be larger than the prior year's request, adjusted only by the Consumer Price Index.

6

Covers nearly the whole executive branch

The rule applies to executive agencies plus the U.S. Postal Service and the Postal Regulatory Commission; the American Red Cross is specifically excluded.

Who benefits from H.R. 5438?

Taxpayers

Every dollar an agency banks instead of burning in a year-end rush is a dollar not wasted, and 49% of it goes straight toward the national debt.

Federal employees at lean agencies

Staff at agencies that come in under budget could receive retention bonuses of up to 10% of their basic pay, paid within 30 days of the funding period closing.

Agencies that run efficiently

Instead of losing all unspent money when the period ends, they keep 49% of it to use the following year.

Deficit-focused lawmakers

The bill builds a standing channel from unspent appropriations to debt payments, with no annual fight required to make it happen.

Who is affected by H.R. 5438?

Executive-branch agencies

They face new rules for leftover time-limited funds and a hard cap on the next year's budget request once they use those rules.

Budget and finance officers

They would track unspent balances, run the 49/49/2 split, transfer money to debt service, and pay bonuses within 30 days.

Programs that rely on full annual spending

Hiring, contracts, or projects could be deferred if managers hold back spending to produce a surplus under the new formula.

The Postal Service and Postal Regulatory Commission

Both are explicitly pulled into the definition of a federal agency; the American Red Cross is explicitly left out.

Share this story
Tracking floor activity — no debate on H.R. 5438 yet. Updates when a legislator speaks on the record.

HR5438 Legislative Journey

2 actions

House: Vote: 25-19

Feb 4, 2026

25-19

Ordered to be Reported (Amended) by the Yeas and Nays: 25 - 19.

House: Committee Action

Sep 17, 2025

Referred to the Committee on Oversight and Government Reform, and in addition to the Committee on the Budget, 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.

About the Sponsor

Richard McCormick

Richard McCormick

Republican, Georgia's 7th congressional district · 3 years in Congress

Committees: Science, Space, and Technology, Armed Services, Oversight and Government Reform

View full profile →

Cosponsors (69)

No new cosponsors in 91 days — momentum stalled

This bill has 69 cosponsors: 4 Democrats, 65 Republicans. Cosponsors represent 28 states: Alaska, Alabama, Arizona, and 25 more.

4Democrats65Republicans·28 states

Committee Sponsors

Oversight and Government Reform Committee

21D26R
|23 signed24 not yet

23 of 47 committee members cosponsored

14 Republicans across these committees haven't cosponsored yet. Mobilize their constituents

H.R. 5438 Quick Facts

Cosponsors
69
Josh Brecheen
Chuck Edwards
James Baird
Ben Cline
Marlin Stutzman
+64 more
Committee
Oversight and Government Reform
Chamber
House
Policy
Economics and Public Finance
Introduced
Sep 17, 2025

Committee approved bill for floor consideration (Amended) by the Yeas and Nays: 25 - 19.

Feb 4, 2026

Constituent Resources

Get notified when this bill moves

Official Sources

H.R. 5438 on Congress.gov

Official bill page with full text, the 25-19 Oversight Committee markup, cosponsors, and current status.

GAO: Year-End Spending Report (AIMD-98-185)

The Government Accountability Office's review of the federal year-end 'use-it-or-lose-it' spending surge this bill is designed to curb.

5 U.S.C. § 5754 — Retention Bonuses

The existing retention-bonus statute the bill's 2% set-aside is paid under, with its own 10% cap rules.

31 U.S.C. § 1105 — Budget Submission to Congress

The statute governing the President's annual budget request, which the bill caps for any agency that uses these savings rules.

5 U.S.C. § 105 — Definition of 'Executive Agency'

The 'Executive agency' definition the bill builds on to set which agencies are covered, before adding the Postal Service and excluding the Red Cross.

31 U.S.C. Chapter 13 — Appropriations

Subchapter I of this chapter is exactly where the bill inserts the new section 1311 that creates the 49/49/2 split.

TreasuryDirect: Public Debt FAQs

Treasury's explanation of how principal and interest on the public debt work — the destination for 49% of every agency's unspent funds.

H.R. 5438 Common Questions

What does the Incentivize Savings Act actually do?

It changes what happens to money a federal agency doesn't spend before its deadline. Instead of nearly all of it returning to the Treasury, 49% stays with the agency for one more year, 49% pays down the national debt, and 2% funds employee retention bonuses.

Why do federal agencies rush to spend money at the end of the year?

Money an agency doesn't spend by its deadline normally disappears, and returning it can make next year's request look too big. So offices often rush to spend what's left before the clock runs out. H.R. 5438 lets agencies keep 49% of leftover funds instead, aiming to ease that pressure.

How big can a federal employee's retention bonus be under H.R. 5438?

The bill carves out 2% of an agency's unspent funds for retention bonuses, paid within 30 days after the funding period ends. No single bonus can exceed 10% of that employee's basic pay, and any bonus money not paid out goes to the national debt.

Does any of the unspent money go toward the national debt?

Yes. 49% of any unspent agency funds would go toward principal and interest on the public debt. If bonus money set aside under the bill isn't fully paid out, that remainder goes to the debt too.

Can an agency just request a bigger budget the next year to make up for it?

No. If an agency uses these savings rules, its budget request the next year — both to OMB and in the President's budget to Congress — can't be larger than the prior year's request, adjusted only for inflation using the Consumer Price Index.

Does the Incentivize Savings Act apply to the Postal Service?

Yes. The bill's definition of a federal agency covers executive-branch agencies plus the U.S. Postal Service and the Postal Regulatory Commission. The American Red Cross is the one entity specifically left out.

Has H.R. 5438 passed, and what's its status?

Not yet. The House Oversight and Government Reform Committee approved an amended version on a 25-19 vote on February 4, 2026. It has 69 cosponsors — mostly Republicans with a few Democrats — and still needs Budget Committee action and a House floor vote.

Based on H.R. 5438 bill text

H.R. 5438 Bill Text

PDF

To incentivize Federal agencies to create savings for the American people, and for other purposes.

Source: U.S. Government Publishing Office

Bill Alerts

Get notified when H.R. 5438 moves

Committee votes, floor action, cosponsor changes — straight to your inbox.

Bill alerts + Legisletter's monthly briefing. Unsubscribe anytime.

Economics and Public Finance Bills

9 related bills we're tracking

View all
H.R. 191

Inflation Reduction Act of 2025

Andrew Ogles
Andrew OglesR-TN
Cosponsor
Cosponsor
Cosponsor
Cosponsor
+11
15 cosponsors

Referred to the Committee on Ways and Means, and in addition to the Committees on Energy and Commerce, Agriculture, Natural Resources, Financial Services, Science, Space, and Technology, Transportation and Infrastructure, and Oversight and Government Reform, 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.

Jan 3, 2025

HouseEconomics and Public Finance
H.R. 4016

Department of Defense Appropriations Act, 2026

Ken Calvert
Ken CalvertR-CA
0 cosponsors

Motion to proceed to consideration of measure made in Senate. (CR S8522)

Dec 8, 2025

HouseEconomics and Public Finance
H.R. 4553

Energy and Water Development and Related Agencies Appropriations Act, 2026

Charles Fleischmann
Charles FleischmannR-TN
0 cosponsors

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 156.

Sep 10, 2025

HouseEconomics and Public Finance
H.R. 5304

Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2026

Robert Aderholt
Robert AderholtR-AL
0 cosponsors

Placed on the Union Calendar, Calendar No. 227.

Sep 11, 2025

HouseEconomics and Public Finance
H.R. 5371

Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026

Tom Cole
Tom ColeR-OK
0 cosponsors

Became Public Law No: 119-37.

Nov 12, 2025

HouseEconomics and Public Finance
H.R. 6569

Executive Action Cost Transparency Act

Ron Estes
Ron EstesR-KS
0 cosponsors

Referred to the House Committee on the Budget.

Dec 10, 2025

HouseEconomics and Public Finance
H.R. 6938

Commerce, Justice, Science; Energy and Water Development; and Interior and Environment Appropriations Act, 2026

Tom Cole
Tom ColeR-OK
0 cosponsors

Became Public Law No: 119-74.

Jan 23, 2026

HouseEconomics and Public Finance
H.R. 7147

Making further consolidated appropriations for the fiscal year ending September 30, 2026, and for other purposes.

Tom Cole
Tom ColeR-OK
0 cosponsors

Third cloture motion on the motion to proceed to the measure presented in Senate. (CR S946)

Mar 10, 2026

HouseEconomics and Public Finance
H.R. 7148

Consolidated Appropriations Act, 2026

Tom Cole
Tom ColeR-OK
0 cosponsors

Became Public Law No: 119-75.

Feb 3, 2026

HouseEconomics and Public Finance

Trending Right Now

Bills gaining momentum across Congress

Tracking Economics and Public Finance in Congress? Monitor bills, track cosponsor momentum, and launch advocacy campaigns — all from one advocacy platform.