Protecting Our Constitution and Communities

Full Title:
Protecting Our Constitution and Communities Act

Summary#

This bill changes the Congressional Budget and Impoundment Control Act of 1974. It adds a private right of action so people, States, and local governments can sue in federal court if budget authority that must be made available is withheld. The bill clarifies what counts as "contingencies." It gives the Comptroller General greater deference and requires the Executive Branch to provide records for reviews. The bill allows courts to award equitable relief (like injunctions) and money damages, sets rules for treble damages in bad-faith cases, and makes Federal employees potentially personally liable for knowing violations. It also says failures to make funds available are final agency actions for judicial review and includes a severability rule.

What it means for you#

If you are an individual, State, or local government harmed by a decision to withhold funds that Congress required to be made available, this bill would let you bring a lawsuit in U.S. district court. Courts could order the funds to be released and could award money for harm, attorney fees, and possibly punitive or treble damages. Federal employees identified as political appointees or certain special Government employees could face personal liability for knowing violations. The Comptroller General would have a stronger role in reviewing impoundments.

Expenses#

No publicly available information.

Proponents' View#

The bill's text says Congress must hold the power of the purse, and that the President does not have a constitutional power to withhold funding that Congress has directed. It states that courts should be able to decide these disputes and that private parties suffer particularized injuries when funds are withheld. The bill is presented as a way to enforce the Impoundment Control Act and protect Congress' appropriations power.

Opponents' View#

No publicly available information.