,i #aaith ,,congress #ast ,session ,h4 ,r4 #cded ,,in ,,the ,,house ,,of ,,representatives ,may #ae1 #bjbe,mr4 ,liccardo 7for himself1 ,mr4 ,min1 ,mr4 ,vindman1 ,mr4 ,raskin1 ,mr4 ,nadler1 ,mr4 ,fields1 ,ms4 ,ansari1 ,ms4 ,brownley1 ,mr4 ,johnson of ,georgia1 ,mrs4 ,beatty1 ,mr4 ,soto1 ,mr4 ,cohen1 ,mr4 ,cleaver1 ,mr4 ,sherman1 ,mr4 ,khanna1 ,mr4 ,hernndez1 ,mr4 ,huffman1 ,mr4 ,ruiz1 ,mr4 ,lynch1 ,ms4 ,tlaib1 ,mr4 ,mullin1 ,mr4 ,swalwell1 ,mrs4 ,watson ,coleman1 ,mr4 ,carter of ,louisiana1 ,ms4 ,lee of ,nevada1 ,mr4 ,goldman of ,new ,york1 ,mr4 ,carbajal1 ,mrs4 ,mc,clain ,delaney1 ,ms4 ,johnson of ,texas1 ,ms4 ,jacobs1 ,mr4 ,subramanyam1 ,mr4 ,kennedy of ,new ,york1 ,ms4 ,crockett1 ,ms4 ,strickland1 ,mr4 ,schneider1 and ,mr4 ,amo7 introduced the following bill2 which was referred to the ,committee on the ,budget1 and in addition to the ,committee on ,rules1 for a period to be subsequently determined by the ,speaker1 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 #aigd to provide a private right of action with respect to violations of such ,act1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,protecting ,our ,constitution and ,communities ,act4 #b4 ,findings and intent of ,congress with respect to ,congressional ,budget and ,impoundment ,control ,act of #aigd ,section #ajja of the ,congressional ,budget and ,impoundment ,control ,act of #aigd 7#b ,u4,s4,c4 #fha7 is amended to read as follows3 #ajja4 ,findings and intent of ,congress 7a7 ,findings ,congress finds the following3 7#a7 ,article ,i of the ,constitution of the ,united ,states vests the legislative power1 and particularly the exclusive power of the purse1 in ,congress4 7#b7 ,article ,,ii1 ,section #c 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 executed1 including those laws by which ,congress exercises its ,article ,i power of the purse4 7#c7 ,congress alone has the constitutional power to appropriate funds1 and the ,president has the obligation to faithfully execute those laws and to obligate as well as expend funds that have been lawfully appropriated4 7#d7 ,constitutional scholars and practitioners agree that appropriations place both a ceiling and a floor on executive spending4 ,as later ,chief ,justice1 then-,assistant ,attorney ,general of the ,office of ,legal ,counsel1 ,william ,h4 ,rehnquist affirmed1 there is neither reason nor precedent for the ,president to have a constitutional power to decline to spend appropriated funds4 ,w4,h4 ,rehnquist1 ,presidential ,authority to ,impound ,funds ,appropriated for ,assistance to ,federally ,impacted ,schools1 #a ,op4 ,o4,l4,c4 #cjccji 7#aifi74 ,while serving as ,associate ,white ,house ,counsel1 current ,chief ,justice ,john ,roberts1 ,jr4 acknowledged that no area seems more clearly the province of ,congress than the power of the purse4 ,memorandum from ,john ,g4 ,roberts1 ,jr41 for ,fred ,f4 ,fielding on ,impoundment ,authority 7,august #ae1 #aihe74 7#e7 ,this understanding was demonstrated by the ,congressional ,budget and ,impoundment ,control ,act of #aigd1 which was enacted as soon as claims of constitutional authority for impoundment threatened to upset historical practice4 7#f7 ,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 purpose4 ,after the ,president signed the ,act into law1 subsequent practice has continued to confirm this separation-of-powers understanding among the branches4 7#g7 ,the ,u4,s4 ,supreme ,court has stated1 to 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 ,constitution1 and entirely inadmissible4 ,kendall v4 ,united ,states ex ,rel4 ,stokes1 #cg ,u4,s4 #ebd1 #ebe 7#ahch74 ,more recently1 the ,u4,s4 ,supreme ,court confirmed that where legislation was intended to provide a firm commitment of substantial sums 4 4 4 4 we cannot believe that ,congress 4 4 4 scuttled the entire effort by providing the ,executive with the seemingly limitless power to withhold funds from allotment and obligation4 ,train v4 ,city of ,new ,york1 #dbj ,u4,s4 #ce1 #de 7#aige74 ,as later ,justice1 then-,judge ,brett ,kavanaugh wrote in ,in re ,aiken ,county1 #gbe ,f4#c;d #bee1 #bfa n4#a 7,d4,c4 ,cir4 #bjac71 even the president does not have unilateral authority to refuse to spend the funds44 7#h7 ,when taking measures that are incompatible with the will of ,congress1 the ,president's power is at its lowest ebb in an area where the ,president has no plenary constitutional powers1 and ,congress' powers are plenary4 ,youngstown ,sheet ,tube ,co4 v4 ,sawyer1 #cdc ,u4,s4 #egi1 #fgc 7#aieb7 7,jackson1 ,j4 concurring74 ,the ,president therefore has no constitutional authority to impound appropriated funds contrary to the express will of ,congress4 7#i7 ,interpretation of this ,act and compliance with its provisions is a legal question within the purview of ,article ,,iii courts and not a political question4 7#aj7 ,when the ,executive fails to release funds following a lawful withholding under the ,impoundment ,control ,act of #aigd or fails to obligate or expend funds that have been appropriated by ,congress1 private parties experience a particularized and immediate injury4 7b7 ,disclaimer ,nothing contained in this ,act1 or in any amendments made by this ,act1 shall be construed as-- 7#a7 asserting or conceding the constitutional powers or limitations of either the ,congress or the ,president2 7#b7 ratifying or approving any impoundment heretofore or hereafter executed or approved by the ,president or any other ,federal officer or employee1 except insofar as pursuant to statutory authorization then in effect2 7#c7 superseding any provision of law which requires the obligation of budget authority or the making of outlays thereunder2 or 7#d7 to prevent adjudication on the merits by ,article ,,iii courts of claims related to failures to obligate or expend budget authority4 7c7 ,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 #ajab and #ajac of this ,act4 4 #c4 ,clarification with respect to definition of contingencies ,section #ajaa of the ,congressional ,budget and ,impoundment ,control ,act of #aigd 7#b ,u4,s4,c4 #fhb7 is amended-- 7#a7 in paragraph 7#d71 by striking and at the end2 7#b7 in paragraph 7#e71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following new paragraph3 7#f7 contingencies means unforeseen events or circumstances that could not have been reasonably anticipated1 which necessitate immediate and temporary adjustments due to urgent and demonstrable needs1 where such action is consistent with statutory and constitutional limitations on executive budgetary authority4 4 #d4 ,authority of ,comptroller ,general ,section #ajae of the ,congressional ,budget and ,impoundment ,control ,act of #aigd 7#b ,u4,s4,c4 #fhf7 is amended by adding at the end the following new subsections3 7c7 ,legal interpretation of ,comptroller ,general ,in any determination regarding applicability or enforcement of sections #ajja through #ajae1 the legal interpretation of the ,comptroller ,general of the ,united ,states1 acting through the ,government ,accountability ,office1 shall be accorded substantial deference4 7d7 ,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 ,act4 7e7 ,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 action4 4 #e4 ,remedy in the case of violations of ,congressional ,budget and ,impoundment ,control ,act of #aigd 7a7 ,in general ,the ,congressional ,budget and ,impoundment ,control ,act of #aigd 7#b ,u4,s4,c4 #fba et seq47 is amended by adding at the end the following new title3 ,,xi ,right of ,action for ,violations #aaja4 ,private right of action 7a7 ,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 relief1 including an application in a ,united ,states district court for a permanent or temporary injunction1 restraining order1 or other order4 7b7 ,damages 7#a7 ,in general ,any person aggrieved by a violation under subsection 7a7 may recover equitable and legal relief 7including compensatory and punitive damages71 reasonable attorney's fees 7including expert fees71 and costs4 ,damages shall amount to the sum of compensatory and punitive damages or #a1jjj per harmed person per violation1 whichever is greater4 7#b7 ,treble damages ,if a court finds that a violation under subsection 7a7 occurred in bad faith1 the court shall award damages in an amount equal to #c times the amount otherwise to be awarded under paragraph 7#a74 7#c7 ,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 ,act4 7#d7 ,waiver of immunity ,a ,federal employee who violates this ,act shall not be immune under the ,tenth ,amendment to the ,constitution of the ,united ,states1 the ,eleventh ,amendment to the ,constitution of the ,united ,states1 the doctrine of sovereign immunity1 the doctrine of qualified immunity1 or any other source of law from an action in a ,united ,states district court of competent jurisdiction challenging such violation4 #aajb4 ,right of action of ,states and local agencies 7a7 ,in general ,any ,state1 county1 city1 district1 special district1 ,tribal government1 or unit of local government 7or any department or agency of any ,state1 county1 city1 district1 special district1 ,tribal government1 or unit of local government7 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 relief1 including an application in a ,united ,states district court for a permanent or temporary injunction1 restraining order1 or other order4 7b7 ,damages 7#a7 ,in general ,any ,state1 county1 city1 district1 special district1 ,tribal government1 or unit of local government 7or any department or agency of any ,state1 county1 city1 district1 special district1 ,tribal government1 or unit of local government7 aggrieved by a violation under subsection 7a7 may recover equitable and legal relief 7including compensatory and punitive damages71 reasonable attorney's fees 7including expert fees71 and costs4 7#b7 ,treble damages ,if a court finds that a violation under subsection 7a7 occurred in bad faith1 the court shall award damages in an amount equal to #c times the amount otherwise to be awarded under paragraph 7#a74 7#c7 ,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 ,act4 7#d7 ,waiver of immunity ,a ,federal employee who violates this ,act shall not be immune under the ,tenth ,amendment to the ,constitution of the ,united ,states1 the ,eleventh ,amendment to the ,constitution of the ,united ,states1 the doctrine of sovereign immunity1 the doctrine of qualified immunity1 or any other source of law from an action in a ,united ,states district court of competent jurisdiction challenging such violation4 7c7 ,state defined ,in this section1 the term ,state includes the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 ,guam1 ,american ,samoa1 the ,united ,states ,virgin ,islands1 and the ,commonwealth of the ,northern ,mariana ,islands4 #aajc4 ,definitions ,for purposes of this title1 the following definitions apply3 7#a7 ,federal employee ,the term ,federal employee means-- 7,a7 a political appointee2 or 7,b7 a special ,government employee as defined by section #bjb of title #ah1 ,united ,states ,code4 7#b7 ,political appointee ,the term political appointee means an individual who is-- 7,a7 employed in a position described under sections #ecab through #ecaf of title #e 7relating to the ,executive ,schedule72 or 7,b7 a limited term appointee1 limited emergency appointee1 or noncareer appointee in the ,senior ,executive ,service1 as defined under paragraphs 7#e71 7#f71 and 7#g71 respectively1 of section #cacb7;a7 of title #e4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,congressional ,budget and ,impoundment ,control ,act of #aigd 7#b ,u4,s4,c4 #fba note7 is amended by adding at the end the following new items3 ,title ,,xi--,right of ,action for ,violations ,sec4 #aaja4 ,private right of action4 ,sec4 #aajb4 ,right of action of ,states and local agencies4 ,sec4 #aajc4 ,definitions4 4 #f4 ,justiciability and severability 7a7 ,in general ,title ,x of the ,congressional ,budget and ,impoundment ,control ,act of #aigd 7#b ,u4,s4,c4 #fhf7 is amended by inserting after section #ajag the following new section3 #ajah4 ,justiciability 7a7 ,in general ,if1 under this part1 budget authority is required to be made available for obligation or expenditure and such budget authority is not made available for obligation or expenditure1 such action or failure to take action shall constitute final agency action within the meaning of section #gjd of title #e1 ,united ,states ,code4 ,such action or failure to act is not committed to agency discretion by law within the meaning of section #gja of title #e1 ,united ,states ,code4 7b7 ,rule of construction ,this section shall not be construed to prevent the ,president from proposing budget authority for deferral or rescission under section #ajab or #ajac4 #ajai4 ,severability ,if any provision of this ,act1 or the application thereof1 is held invalid1 the validity of the remainder of this ,act and its application to other circumstances shall not be affected thereby4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,congressional ,budget and ,impoundment ,control ,act of #aigd 7#b ,u4,s4,c4 #fba note7 is amended by inserting after the item relating to section #ajag the following new items3 ,sec4 #ajah4 ,justiciability4 ,sec4 #ajai4 ,severability4 4