119-hr3454

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3454 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 3454

 To amend the Congressional Budget and Impoundment Control Act of 1974 
to provide a private right of action with respect to violations of such 
 Act, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 May 15, 2025

 Mr. Liccardo (for himself, Mr. Min, Mr. Vindman, Mr. Raskin, Mr. 
 Nadler, Mr. Fields, Ms. Ansari, Ms. Brownley, Mr. Johnson of Georgia, 
Mrs. Beatty, Mr. Soto, Mr. Cohen, Mr. Cleaver, Mr. Sherman, Mr. Khanna, 
Mr. Hernandez, Mr. Huffman, Mr. Ruiz, Mr. Lynch, Ms. Tlaib, Mr. Mullin, 
Mr. Swalwell, Mrs. Watson Coleman, Mr. Carter of Louisiana, Ms. Lee of 
 Nevada, Mr. Goldman of New York, Mr. Carbajal, Mrs. McClain Delaney, 
 Ms. Johnson of Texas, Ms. Jacobs, Mr. Subramanyam, Mr. Kennedy of New 
 York, Ms. Crockett, Ms. Strickland, Mr. Schneider, and Mr. Amo) 
 introduced the following bill; which was 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

_______________________________________________________________________

 A BILL

 To amend the Congressional Budget and Impoundment Control Act of 1974 
to provide a private right of action with respect to violations of such 
 Act, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Protecting Our Constitution and 
Communities Act''.

SEC. 2. FINDINGS AND INTENT OF CONGRESS WITH RESPECT TO CONGRESSIONAL 
 BUDGET AND IMPOUNDMENT CONTROL ACT OF 1974.

 

Section 1001 of the Congressional Budget and Impoundment Control 
Act of 1974 (2 U.S.C. 681) is amended to read as follows:

``

SEC. 1001. FINDINGS AND INTENT OF CONGRESS.

 ``

    (a) 

=== Findings ===
-Congress finds the following:
 ``

    (1) Article I of the Constitution of the United States 
 vests the legislative power, and particularly the exclusive 
 power of the purse, in Congress.
 ``

    (2) Article II, 

Section 3 of the Constitution of the 
 United States vests the executive power in the President 
 subject to the express obligation that the President take care 
 that the laws be faithfully executed, including those laws by 
 which Congress exercises its Article I power of the purse.
 ``

    (3) 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.
 ``

    (4) Constitutional scholars and practitioners agree that 
 appropriations place both a `ceiling' and a `floor' on 
 executive spending. As later Chief Justice, then-Assistant 
 Attorney General of the Office of Legal Counsel, William H. 
 Rehnquist affirmed, there is `neither reason nor precedent' for 
 the President to have `a constitutional power to decline to 
 spend appropriated funds.' W.H. Rehnquist, Presidential 
 Authority to Impound Funds Appropriated for Assistance to 
 Federally Impacted Schools, 1 Op. O.L.C. 303309

    (1969) . While 
 serving as Associate White House Counsel, current Chief Justice 
 John Roberts, Jr. acknowledged that `no area seems more clearly 
 the province of Congress than the power of the purse.' 
 Memorandum from John G. Roberts, Jr., for Fred F. Fielding on 
 Impoundment Authority (August 15, 1985).
 ``

    (5) This understanding was demonstrated by the 
 Congressional Budget and Impoundment Control Act of 1974, which 
 was enacted as soon as claims of constitutional authority for 
 impoundment threatened to upset historical practice.
 ``

    (6) This Act thereby codifies the longstanding 
 separation-of-powers principle that the President has no 
 constitutional authority to impound funds that Congress has 
 already appropriated for a particular policy purpose. After the 
 President signed the Act into law, subsequent practice has 
 continued to confirm this separation-of-powers understanding 
 among the branches.
 ``

    (7) The U.S. Supreme Court has stated, `[t]o contend that 
 the obligation imposed on the President to see the laws 
 faithfully executed implies a power to forbid their execution 
 is a novel construction of the Constitution, and entirely 
 inadmissible.' Kendall v. United States ex Rel. Stokes, 37 U.S. 
 524, 525

    (1838) . More recently, the U.S. Supreme Court 
 confirmed that where `legislation was intended to provide a 
 firm commitment of substantial sums . . . . [w]e cannot believe 
 that Congress . . . scuttled the entire effort by providing the 
 Executive with the seemingly limitless power to withhold funds 
 from allotment and obligation.' Train v. City of New York, 420 
 U.S. 35, 45

    (1975) . As later Justice, then-Judge Brett 
 Kavanaugh wrote in In re Aiken County, 725 F.3d 255, 261 n.1 
 (D.C. Cir. 2013), `[e]ven the president does not have 
 unilateral authority to refuse to spend the funds.'.
 ``

    (8) When taking measures that are incompatible with the 
 will of Congress, the President's power is at its lowest ebb in 
 an area where the President has no plenary constitutional 
 powers, and Congress' powers are plenary. Youngstown Sheet & 
 Tube Co. v. Sawyer, 343 U.S. 579, 673

    (1952) (Jackson, J. 
 concurring). The President therefore has no constitutional 
 authority to impound appropriated funds contrary to the express 
 will of Congress.
 ``

    (9) Interpretation of this Act and compliance with its 
 provisions is a legal question within the purview of Article 
 III courts and not a political question.
 ``

    (10) When the Executive fails to release funds following 
 a lawful withholding under the Impoundment Control Act of 1974 
 or fails to obligate or expend funds that have been 
 appropriated by Congress, private parties experience a 
 particularized and immediate injury.
 ``

    (b) Disclaimer.--Nothing contained in this Act, or in any 
amendments made by this Act, shall be construed as--
 ``

    (1) asserting or conceding the constitutional powers or 
 limitations of either the Congress or the President;
 ``

    (2) ratifying or approving any impoundment heretofore or 
 hereafter executed or approved by the President or any other 
 Federal officer or employee, except insofar as pursuant to 
 statutory authorization then in effect;
 ``

    (3) superseding any provision of law which requires the 
 obligation of budget authority or the making of outlays 
 thereunder; or
 ``

    (4) to prevent adjudication on the merits by Article III 
 courts of claims related to failures to obligate or expend 
 budget authority.
 ``
            (c) Sense of Congress.--It is the sense of Congress that the only 
mechanisms by which the President is allowed to fail to obligate or 
expend funds provided by law are those provided under sections 1012 and 
1013 of this Act.''.

SEC. 3. CLARIFICATION WITH RESPECT TO DEFINITION OF CONTINGENCIES.

 

Section 1011 of the Congressional Budget and Impoundment Control 
Act of 1974 (2 U.S.C. 682) is amended--

    (1) in paragraph

    (4) , by striking ``and'' at the end;

    (2) in paragraph

    (5) , by striking the period at the end and 
 inserting ``; and''; and

    (3) by adding at the end the following new paragraph:
 ``

    (6) `contingencies' means unforeseen events or 
 circumstances that could not have been reasonably anticipated, 
 which necessitate immediate and temporary adjustments due to 
 urgent and demonstrable needs, where such action is consistent 
 with statutory and constitutional limitations on executive 
 budgetary authority.''.

SEC. 4. AUTHORITY OF COMPTROLLER GENERAL.

 

Section 1015 of the Congressional Budget and Impoundment Control 
Act of 1974 (2 U.S.C. 686) is amended by adding at the end the 
following new subsections:
 ``
            (c) Legal Interpretation of Comptroller General.--In any 
determination regarding applicability or enforcement of sections 1001 
through 1015, the legal interpretation of the Comptroller General of 
the United States, acting through the Government Accountability Office, 
shall be accorded substantial deference.
 ``
            (d) Executive Branch Assistance.--The Executive Branch shall 
provide timely access to all necessary and appropriate records and 
information to facilitate the Comptroller General's review of potential 
violations of the Act.
 ``

    (e) Reports to Congress.--Any failure to comply with the 
Comptroller General's determination regarding an impoundment shall be 
reported to Congress for appropriate legislative or judicial action.''.

SEC. 5. REMEDY IN THE CASE OF VIOLATIONS OF CONGRESSIONAL BUDGET AND 
 IMPOUNDMENT CONTROL ACT OF 1974.

    (a) In General.--The Congressional Budget and Impoundment Control 
Act of 1974 (2 U.S.C. 621 et seq.) is amended by adding at the end the 
following new title:

 ``TITLE XI--RIGHT OF ACTION FOR VIOLATIONS

``

SEC. 1101. PRIVATE RIGHT OF ACTION.

 ``

    (a) In General.--Any person aggrieved by a violation of title X 
with respect to the withholding of budget authority that is required to 
be made available under such title may institute a civil action in a 
United States district court against the United States and any Federal 
employee for preventive relief, including an application in a United 
States district court for a permanent or temporary injunction, 
restraining order, or other order.
 ``

    (b) Damages.--
 ``

    (1) In general.--Any person aggrieved by a violation 
 under subsection

    (a) may recover equitable and legal relief 
 (including compensatory and punitive damages), reasonable 
 attorney's fees (including expert fees), and costs. Damages 
 shall amount to the sum of compensatory and punitive damages or 
 $1,000 per harmed person per violation, whichever is greater.
 ``

    (2) Treble damages.--If a court finds that a violation 
 under subsection

    (a) occurred in bad faith, the court shall 
 award damages in an amount equal to 3 times the amount 
 otherwise to be awarded under paragraph

    (1) .
 ``

    (3) Personal liability.--A Federal employee shall be 
 personally liable for the payment of any damages awarded in an 
 action under this section in the case of a knowing violation of 
 this Act.
 ``

    (4) Waiver of immunity.--A Federal employee who violates 
 this Act shall not be immune under the Tenth Amendment to the 
 Constitution of the United States, the Eleventh Amendment to 
 the Constitution of the United States, the doctrine of 
 sovereign immunity, the doctrine of qualified immunity, or any 
 other source of law from an action in a United States district 
 court of competent jurisdiction challenging such violation.

``

SEC. 1102. RIGHT OF ACTION OF STATES AND LOCAL AGENCIES.

 ``

    (a) In General.--Any State, county, city, district, special 
district, Tribal government, or unit of local government (or any 
department or agency of any State, county, city, district, special 
district, Tribal government, or unit of local government) aggrieved by 
a violation of title X with respect to the withholding of budget 
authority that is required to be made available under such title may 
institute a civil action in a United States district court against the 
United States and any Federal employee for preventive relief, including 
an application in a United States district court for a permanent or 
temporary injunction, restraining order, or other order.
 ``

    (b) Damages.--
 ``

    (1) In general.--Any State, county, city, district, 
 special district, Tribal government, or unit of local 
 government (or any department or agency of any State, county, 
 city, district, special district, Tribal government, or unit of 
 local government) aggrieved by a violation under subsection

    (a) may recover equitable and legal relief (including compensatory 
 and punitive damages), reasonable attorney's fees (including 
 expert fees), and costs.
 ``

    (2) Treble damages.--If a court finds that a violation 
 under subsection

    (a) occurred in bad faith, the court shall 
 award damages in an amount equal to 3 times the amount 
 otherwise to be awarded under paragraph

    (1) .
 ``

    (3) Personal liability.--A Federal employee shall be 
 personally liable for the payment of any damages awarded in an 
 action under this section in the case of a knowing violation of 
 this Act.
 ``

    (4) Waiver of immunity.--A Federal employee who violates 
 this Act shall not be immune under the Tenth Amendment to the 
 Constitution of the United States, the Eleventh Amendment to 
 the Constitution of the United States, the doctrine of 
 sovereign immunity, the doctrine of qualified immunity, or any 
 other source of law from an action in a United States district 
 court of competent jurisdiction challenging such violation.
 ``
            (c) State Defined.--In this section, the term `State' includes 
the District of Columbia, the Commonwealth of Puerto Rico, Guam, 
American Samoa, the United States Virgin Islands, and the Commonwealth 
of the Northern Mariana Islands.

``

SEC. 1103. DEFINITIONS.

 ``For purposes of this title, the following definitions apply:
 ``

    (1) Federal employee.--The term `Federal employee' 
 means--
 ``
        (A) a political appointee; or
 ``
        (B) a special Government employee as defined by 
 

section 202 of title 18, United States Code.
 ``

    (2) Political appointee.--The term `political appointee' 
 means an individual who is--
 ``
        (A) employed in a position described under 
 sections 5312 through 5316 of title 5 (relating to the 
 Executive Schedule); or
 ``
        (B) a limited term appointee, limited emergency 
 appointee, or noncareer appointee in the Senior 
 Executive Service, as defined under paragraphs

    (5) ,

    (6) , and

    (7) , respectively, of 

section 3132

    (a) of title 
 5.''.

    (b) Clerical Amendment.--The table of contents in 

section 1

    (b) of 
the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 
621 note) is amended by adding at the end the following new items:

 ``TITLE XI--RIGHT OF ACTION FOR VIOLATIONS

``

Sec. 1101. Private right of action.
``

Sec. 1102. Right of action of States and local agencies.
``

Sec. 1103. Definitions.''.

SEC. 6. JUSTICIABILITY AND SEVERABILITY.

    (a) In General.--Title X of the Congressional Budget and 
Impoundment Control Act of 1974 (2 U.S.C. 686) is amended by inserting 
after 

section 1017 the following new section:

``

SEC. 1018. JUSTICIABILITY.

 ``

    (a) In General.--If, under this part, budget authority is 
required to be made available for obligation or expenditure and such 
budget authority is not made available for obligation or expenditure, 
such action or failure to take action shall constitute final agency 
action within the meaning of 

section 704 of title 5, United States 
Code. Such action or failure to act is not committed to agency 
discretion by law within the meaning of 

section 701 of title 5, United 
States Code.
 ``

    (b) Rule of Construction.--This section shall not be construed to 
prevent the President from proposing budget authority for deferral or 
rescission under 

section 1012 or 1013.

``

SEC. 1019. SEVERABILITY.

 ``If any provision of this Act, or the application thereof, is held 
invalid, the validity of the remainder of this Act and its application 
to other circumstances shall not be affected thereby.''.

    (b) Clerical Amendment.--The table of contents in 

section 1

    (b) of 
the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 
621 note) is amended by inserting after the item relating to 

section 1017 the following new items:

``

Sec. 1018. Justiciability.
``

Sec. 1019. Severability.''.
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