Protecting Our Constitution and Communities Act
This bill, titled the Protecting Our Constitution and Communities Act, would add a new private right of action to the Congressional Budget and Impoundment Control Act of 1974. It allows individuals, as well as states and local governments, to sue the United States and federal employees in federal district court when budget authority that Congress has required to be made available is withheld. The bill provides for injunctive relief and monetary damages (including compensatory, punitive, and attorney fees), with potential treble damages for bad-faith violations, and it imposes personal liability on federal employees for knowing violations. It also expands who can be held liable, clarifies the definition of “contingencies,” strengthens enforcement and oversight via the Comptroller General (GAO), and makes certain budgetary actions subject to judicial review. In short, it creates a private, court-based remedy to enforce compliance with the Act’s rules on spending and budget authority. The measure emphasizes that Congress controls the purse and that the President may not unilaterally withhold or derail funds appropriated by Congress. It establishes new process for review (including jusiticiability and severability), defines who counts as a federal employee for purposes of liability, and extends the Act’s oversight with GAO deference and requirement for access to records. The overall aim is to deter improper budget withholding and ensure accountability when budgeting and spending laws are not followed.
Key Points
- 1Private right of action created (Title XI): Individuals or state/local governments can sue the United States and federal employees in federal court for withholding budget authority required by the Act, seeking preventive relief (injunctions, orders) and damages.
- 2Damages and remedies: Plaintiffs can obtain compensatory and punitive damages, reasonable attorney fees, and costs. Damages can be trebled for bad-faith violations; federal employees can be personally liable for damages; immunity defenses are expressly waived in these actions.
- 3Expanded scope for States and localities: States, counties, cities, districts, tribal governments, and other local entities (and their departments/agencies) can bring similar actions and seek damages for violations.
- 4Definitions and who is liable: The bill defines “federal employee” to include political appointees and certain special government employees; clarifies who may be personally liable for damages.
- 5Enforcement and oversight enhancements: The Comptroller General (GAO) would have a deference-based role in interpreting the Act; the Executive Branch must provide timely access to records; failures to comply would be reported to Congress for action.
- 6Justiciability and severability: The bill explicitly states that budgetary withholding constitutes final agency action reviewable in court, and it preserves the ability to sever invalid provisions from the Act if some parts are struck down.
- 7Contingencies defined: The bill adds a formal definition of “contingencies” as unforeseen, urgent needs requiring immediate but temporary budget adjustments, within statutory/constitutional limits.