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