H.R. 10014: Restoring Accountability in Appropriations Act

This bill would change the rules for how the federal government handles impoundments, which are situations where the executive branch withholds or delays spending that Congress has already approved.

What it changes

• It amends the Impoundment Control Act of 1974 to create new ways to enforce its requirements.
• It says that this law does not affect private lawsuits that may already exist under other laws related to withholding budget authority.
• It adds two new sections to the law: one allowing private lawsuits, and one setting up a process for the House of Representatives to sue or intervene in court.

Private lawsuits

The bill would let a person who is harmed by a violation of the Impoundment Control Act file a civil lawsuit in federal court against the United States and federal employees. The person could ask for court orders such as an injunction or restraining order to stop the withholding of funds.

The court would also be expressly allowed to order federal agencies, officers, or employees to make the withheld budget authority available for obligation, meaning the money would have to be released for use.

House of Representatives enforcement

The bill creates a process for the House to act when the Government Accountability Office (GAO) reports a possible violation involving a reserve or deferral of budget authority.

• If a covered House leader believes the President failed to send the required special message about a reserve or deferral, that leader may ask the Comptroller General for a report.
• If the report is not issued by a requested deadline, that same House leader may introduce a resolution to authorize litigation.
• “Covered individuals” are limited to the Speaker, House majority or minority leader, the chair or ranking member of the House Budget Committee, and the chair or ranking member of the House Oversight and Government Reform Committee.

How the House action would work

Once the GAO report is available, the House would have a fast-track procedure to consider a resolution authorizing litigation:

• The relevant committee would have to report the resolution quickly, without changes, or be discharged from consideration.
• The resolution would be brought to the House under expedited rules with limited debate.
• If the resolution passes, the Speaker would have to start or join a lawsuit within 20 days.
• The House Office of General Counsel would handle the case and could hire outside lawyers or experts.

What kinds of cases could be brought

The resolution would cover budget authority that:

• must be made available for obligation,
• has not been made available on time, and
• is the subject of a GAO report under the Impoundment Control Act.

In practical terms, the bill would give Congress and private parties more tools to challenge executive branch delays or refusals to spend money that Congress has already appropriated.

Relevant Companies

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