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

This bill, titled the "Protecting Our Constitution and Communities Act," seeks to amend the Congressional Budget and Impoundment Control Act of 1974. The primary focus of the bill is to create a private right of action against violations of the Act, allowing individuals and local governments to sue in federal court if they believe their budget authority is being improperly withheld by the executive branch.

Key Provisions

1. Findings and Intent of Congress

The bill acknowledges that:

Congress holds the exclusive power to appropriate funds as stipulated in Article I of the Constitution.
The President is obligated to execute laws, which includes spending funds Congress has appropriated.
Appropriations establish limits on executive spending, indicating that the President cannot unilaterally withhold appropriated funds.

2. Legal Rights Conferred

The bill provides individuals and local agencies the right to take legal action against the United States and federal employees for failing to allocate or spend appropriated funds. Key elements include:

Aggrieved parties can seek preventive relief through civil action in U.S. district courts.
They can claim both compensatory and punitive damages, including possible attorney's fees.
If a violation is found to be intentional or in bad faith, damages could be tripled.
Federal employees could be held personally liable for knowing violations of the Act.

3. Role of the Comptroller General

The bill enhances the authority of the Comptroller General, requiring executive agencies to provide necessary records to help investigate violations of the Act. Findings by the Comptroller General must be reported to Congress, potentially leading to legislative or judicial actions.

4. Definitions and Clarifications

The bill provides clearer definitions for "contingencies," which refers to unforeseen events requiring immediate financial adjustments. It also specifies the term "Federal employee" to include political appointees and special government employees.

5. Justiciability and Severability

The bill asserts that failures to allocate appropriated budget authority can be challenged legally, classifying such actions as final agency actions, which are not subject to discretion. If any part of the bill is found invalid, other provisions will remain effective.

6. Disclaimer of Powers

The bill includes disclaimers stating that it does not change or affirm the constitutional powers of either Congress or the President regarding budget matters.

Implementation Steps

Once enacted, the bill will allow individuals and local governments to address grievances regarding improper withholding of funds through the judicial system, fostering accountability within the executive branch and enhancing adherence to congressional appropriations.

Relevant Companies

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This is an AI-generated summary of the bill text. There may be mistakes.

Actions

2 actions

Date	Action
May. 15, 2025	Introduced in House
May. 15, 2025	Referred to the Committee on the Budget, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

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