H.R. 3454 — Protecting Our Constitution and Communities Act

This section revises Section 1001 of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 681)—which currently consists solely of a four-part disclaimer on constitutional powers, impoundments, litigation, and obligation requirements—by replacing it with (a) 10 congressional findings affirming Congress's Article I power of the purse and the President's Article II obligation to faithfully execute appropriations (citing scholars, historical practice, and precedents such as Kendall v. U.S., Train v. City of New York, and Youngstown Sheet & Tube Co. v. Sawyer rejecting presidential impoundment authority); (b) a modified four-part disclaimer that removes the prior provision on not affecting litigation claims or defenses and adds a new provision stating it does not prevent Article III courts from adjudicating failures to obligate or expend budget authority; and (c) a sense of Congress that the President's only mechanisms to fail to obligate or expend appropriated funds are those provided under sections 1012 and 1013 of the Act (i.e., proposals for rescissions and deferrals subject to congressional review).

This section adds a definition of "contingencies" to the definitions applicable to the impoundment control provisions of the Congressional Budget and Impoundment Control Act of 1974 (CBA). (As background, the CBA regulates presidential rescissions of budget authority and deferrals thereof.) Under the new definition, "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.

This section establishes enhanced authorities for the Comptroller General of the United States, acting through the Government Accountability Office (GAO), under the Congressional Budget and Impoundment Control Act of 1974 by adding three new subsections to 2 U.S.C. 686: (1) according substantial deference to GAO's legal interpretations in any determination regarding the applicability or enforcement of the Act's impoundment provisions (sections 1001 through 1015); (2) requiring the Executive Branch to provide timely access to all necessary and appropriate records and information to facilitate GAO's review of potential violations; and (3) requiring reports to Congress of any failure to comply with the Comptroller General's impoundment determinations for appropriate legislative or judicial action. (As background, the Act limits presidential impoundments—i.e., withholding or deferring congressionally appropriated funds—by requiring special messages to Congress for proposed rescissions or deferrals, with GAO responsible for enforcement.)

This section adds Title XI to the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 621 et seq.), establishing private rights of action for violations of title X concerning withholding of budget authority required to be made available. Title XI authorizes (1) any aggrieved person to bring a civil action in U.S. district court against the United States and federal employees—defined as political appointees (i.e., Executive Schedule positions under 5 U.S.C. §§5312-5316 or certain Senior Executive Service appointees) or special Government employees (i.e., temporary or intermittent executive/legislative branch personnel serving not more than 130 days in any 365-day period, as defined in 18 U.S.C. §202)—for injunctive relief and damages (equitable/legal relief including compensatory/punitive damages or $1,000 per harmed person per violation, whichever greater; treble damages for bad faith), with personal liability for knowing violations and explicit waiver of sovereign, qualified, Tenth Amendment, Eleventh Amendment, and other immunities; and (2) a parallel right of action for states (including territories), localities, Tribal governments, or their agencies. (Thus, these provisions enable direct judicial enforcement of title X impoundment restrictions against specified federal personnel, bypassing traditional administrative or congressional remedies.) The section also makes conforming changes to the Act's table of contents.

This section establishes two new provisions in Title X of the Congressional Budget and Impoundment Control Act of 1974, which regulates presidential impoundments (i.e., deferrals and rescissions) of congressionally appropriated budget authority. (1) Section 1018 deems any executive action or inaction that withholds budget authority required under impoundment control procedures to be made available for obligation or expenditure as final agency action reviewable in federal court under the Administrative Procedure Act (5 U.S.C. §704) and not committed to agency discretion (5 U.S.C. §701). (Thus, affected parties may seek judicial enforcement of congressional spending directives.) This provision does not limit the President's authority to propose deferrals or rescissions. (2) Section 1019 provides that if any part of the Act is held invalid, the remainder remains in effect. The section also updates the Act's table of contents.