I 
119TH CONGRESS 
1ST SESSION H. R. 3454 
To amend the Congressional Budget and Impoundment Control Act of 1974 
to provide a private right of action with respect to violations of such 
Act, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 15, 2025 
Mr. LICCARDO (for himself, Mr. MIN, Mr. VINDMAN, Mr. RASKIN, Mr. NAD-
LER, Mr. FIELDS, Ms. ANSARI, Ms. BROWNLEY, Mr. JOHNSON of Geor-
gia, Mrs. BEATTY, Mr. SOTO, Mr. COHEN, Mr. CLEAVER, Mr. SHERMAN, 
Mr. KHANNA, Mr. HERNA´NDEZ, Mr. HUFFMAN, Mr. RUIZ, Mr. LYNCH, 
Ms. TLAIB, Mr. MULLIN, Mr. SWALWELL, Mrs. WATSON COLEMAN, Mr. 
CARTER of Louisiana, Ms. LEE of Nevada, Mr. GOLDMAN of New York, 
Mr. CARBAJAL, Mrs. MCCLAIN DELANEY, Ms. JOHNSON of Texas, Ms. 
JACOBS, Mr. SUBRAMANYAM, Mr. KENNEDY of New York, Ms. CROCK-
ETT, Ms. STRICKLAND, Mr. SCHNEIDER, and Mr. AMO) introduced the 
following bill; which was 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 provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To amend the Congressional Budget and Impoundment Con-
trol Act of 1974 to provide a private right of action 
with respect to violations of such Act, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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‘‘(4) Constitutional scholars and practitioners 
agree that appropriations place both a ‘ceiling’ and 
a ‘floor’ on executive spending. As later Chief Jus-
tice, then-Assistant Attorney General of the Office of 
Legal Counsel, William H. Rehnquist affirmed, there 
is ‘neither reason nor precedent’ for the President to 
have ‘a constitutional power to decline to spend ap-
propriated funds.’ W.H. Rehnquist, Presidential Au-
thority to Impound Funds Appropriated for Assist-
ance to Federally Impacted Schools, 1 Op. O.L.C. 
303309 (1969). While serving as Associate White 
House Counsel, current Chief Justice John Roberts, 
Jr. acknowledged that ‘no area seems more clearly 
the province of Congress than the power of the 
purse.’ Memorandum from John G. Roberts, Jr., for 
Fred F. Fielding on Impoundment Authority (Au-
gust 15, 1985). 
‘‘(5) This understanding was demonstrated by 
the Congressional Budget and Impoundment Control 
Act of 1974, which was enacted as soon as claims 
of constitutional authority for impoundment threat-
ened to upset historical practice. 
‘‘(6) This Act thereby codifies the longstanding 
separation-of-powers principle that the President has 
no constitutional authority to impound funds that 
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Congress has already appropriated for a particular 
policy purpose. After the President signed the Act 
into law, subsequent practice has continued to con-
firm this separation-of-powers understanding among 
the branches. 
‘‘(7) The U.S. Supreme Court has stated, ‘[t]o 
contend that the obligation imposed on the President 
to see the laws faithfully executed implies a power 
to forbid their execution is a novel construction of 
the Constitution, and entirely inadmissible.’ Kendall 
v. United States ex Rel. Stokes, 37 U.S. 524, 525 
(1838). More recently, the U.S. Supreme Court con-
firmed that where ‘legislation was intended to pro-
vide a firm commitment of substantial sums . . . . 
[w]e cannot believe that Congress . . . scuttled the 
entire effort by providing the Executive with the 
seemingly limitless power to withhold funds from al-
lotment and obligation.’ Train v. City of New York, 
420 U.S. 35, 45 (1975). As later Justice, then- 
Judge Brett Kavanaugh wrote in In re Aiken Coun-
ty, 725 F.3d 255, 261 n.1 (D.C. Cir. 2013), ‘[e]ven 
the president does not have unilateral authority to 
refuse to spend the funds.’. 
‘‘(8) When taking measures that are incompat-
ible with the will of Congress, the President’s power 
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is at its lowest ebb in an area where the President 
has no plenary constitutional powers, and Congress’ 
powers are plenary. Youngstown Sheet & Tube Co. 
v. Sawyer, 343 U.S. 579, 673 (1952) (Jackson, J. 
concurring). The President therefore has no con-
stitutional authority to impound appropriated funds 
contrary to the express will of Congress. 
‘‘(9) Interpretation of this Act and compliance 
with its provisions is a legal question within the pur-
view of Article III courts and not a political ques-
tion. 
‘‘(10) When the Executive fails to release funds 
following a lawful withholding under the Impound-
ment Control Act of 1974 or fails to obligate or ex-
pend funds that have been appropriated by Con-
gress, private parties experience a particularized and 
immediate injury. 
‘‘(b) DISCLAIMER.—Nothing contained in this Act, or 
in any amendments made by this Act, shall be construed 
as— 
‘‘(1) asserting or conceding the constitutional 
powers or limitations of either the Congress or the 
President; 
‘‘(2) ratifying or approving any impoundment 
heretofore or hereafter executed or approved by the 
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President or any other Federal officer or employee, 
except insofar as pursuant to statutory authorization 
then in effect; 
‘‘(3) superseding any provision of law which re-
quires the obligation of budget authority or the mak-
ing of outlays thereunder; or 
‘‘(4) to prevent adjudication on the merits by 
Article III courts of claims related to failures to obli-
gate or expend budget authority. 
‘‘(c) SENSE OF CONGRESS.—It is the sense of Con-
gress that the only mechanisms by which the President 
is allowed to fail to obligate or expend funds provided by 
law are those provided under sections 1012 and 1013 of 
this Act.’’. 
SEC. 3. CLARIFICATION WITH RESPECT TO DEFINITION OF 
CONTINGENCIES. 
Section 1011 of the Congressional Budget and Im-
poundment Control Act of 1974 (2 U.S.C. 682) is amend-
ed— 
(1) in paragraph (4), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (5), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following new 
paragraph: 
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‘‘(6) ‘contingencies’ means unforeseen events or 
circumstances that could not have been reasonably 
anticipated, which necessitate immediate and tem-
porary adjustments due to urgent and demonstrable 
needs, where such action is consistent with statutory 
and constitutional limitations on executive budgetary 
authority.’’. 
SEC. 4. AUTHORITY OF COMPTROLLER GENERAL. 
Section 1015 of the Congressional Budget and Im-
poundment Control Act of 1974 (2 U.S.C. 686) is amend-
ed by adding at the end the following new subsections: 
‘‘(c) LEGAL INTERPRETATION
OF COMPTROLLER 
GENERAL.—In any determination regarding applicability 
or enforcement of sections 1001 through 1015, the legal 
interpretation of the Comptroller General of the United 
States, acting through the Government Accountability Of-
fice, shall be accorded substantial deference. 
‘‘(d) EXECUTIVE BRANCH ASSISTANCE.—The Execu-
tive Branch shall provide timely access to all necessary 
and appropriate records and information to facilitate the 
Comptroller General’s review of potential violations of the 
Act. 
‘‘(e) REPORTS TO CONGRESS.—Any failure to comply 
with the Comptroller General’s determination regarding 
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an impoundment shall be reported to Congress for appro-
priate legislative or judicial action.’’. 
SEC. 5. REMEDY IN THE CASE OF VIOLATIONS OF CON-
GRESSIONAL BUDGET AND IMPOUNDMENT 
CONTROL ACT OF 1974. 
(a) IN GENERAL.—The Congressional Budget and 
Impoundment Control Act of 1974 (2 U.S.C. 621 et seq.) 
is amended by adding at the end the following new title: 
‘‘TITLE XI—RIGHT OF ACTION 
FOR VIOLATIONS 
‘‘SEC. 1101. PRIVATE RIGHT OF ACTION. 
‘‘(a) IN GENERAL.—Any person aggrieved by a viola-
tion of title X with respect to the withholding of budget 
authority that is required to be made available under such 
title may institute a civil action in a United States district 
court against the United States and any Federal employee 
for preventive relief, including an application in a United 
States district court for a permanent or temporary injunc-
tion, restraining order, or other order. 
‘‘(b) DAMAGES.— 
‘‘(1) IN GENERAL.—Any person aggrieved by a 
violation under subsection (a) may recover equitable 
and legal relief (including compensatory and punitive 
damages), reasonable attorney’s fees (including ex-
pert fees), and costs. Damages shall amount to the 
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sum of compensatory and punitive damages or 
$1,000 per harmed person per violation, whichever is 
greater. 
‘‘(2) TREBLE DAMAGES.—If a court finds that 
a violation under subsection (a) occurred in bad 
faith, the court shall award damages in an amount 
equal to 3 times the amount otherwise to be award-
ed under paragraph (1). 
‘‘(3) PERSONAL
LIABILITY.—A Federal em-
ployee shall be personally liable for the payment of 
any damages awarded in an action under this sec-
tion in the case of a knowing violation of this Act. 
‘‘(4) WAIVER OF IMMUNITY.—A Federal em-
ployee who violates this Act shall not be immune 
under the Tenth Amendment to the Constitution of 
the United States, the Eleventh Amendment to the 
Constitution of the United States, the doctrine of 
sovereign immunity, the doctrine of qualified immu-
nity, or any other source of law from an action in 
a United States district court of competent jurisdic-
tion challenging such violation. 
‘‘SEC. 1102. RIGHT OF ACTION OF STATES AND LOCAL 
AGENCIES. 
‘‘(a) IN GENERAL.—Any State, county, city, district, 
special district, Tribal government, or unit of local govern-
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ment (or any department or agency of any State, county, 
city, district, special district, Tribal government, or unit 
of local government) aggrieved by a violation of title X 
with respect to the withholding of budget authority that 
is required to be made available under such title may insti-
tute a civil action in a United States district court against 
the United States and any Federal employee for preventive 
relief, including an application in a United States district 
court for a permanent or temporary injunction, restrain-
ing order, or other order. 
‘‘(b) DAMAGES.— 
‘‘(1) IN
GENERAL.—Any State, county, city, 
district, special district, Tribal government, or unit 
of local government (or any department or agency of 
any State, county, city, district, special district, 
Tribal government, or unit of local government) ag-
grieved by a violation under subsection (a) may re-
cover equitable and legal relief (including compen-
satory and punitive damages), reasonable attorney’s 
fees (including expert fees), and costs. 
‘‘(2) TREBLE DAMAGES.—If a court finds that 
a violation under subsection (a) occurred in bad 
faith, the court shall award damages in an amount 
equal to 3 times the amount otherwise to be award-
ed under paragraph (1). 
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‘‘(3) PERSONAL
LIABILITY.—A Federal em-
ployee shall be personally liable for the payment of 
any damages awarded in an action under this sec-
tion in the case of a knowing violation of this Act. 
‘‘(4) WAIVER OF IMMUNITY.—A Federal em-
ployee who violates this Act shall not be immune 
under the Tenth Amendment to the Constitution of 
the United States, the Eleventh Amendment to the 
Constitution of the United States, the doctrine of 
sovereign immunity, the doctrine of qualified immu-
nity, or any other source of law from an action in 
a United States district court of competent jurisdic-
tion challenging such violation. 
‘‘(c) STATE DEFINED.—In this section, the term 
‘State’ includes the District of Columbia, the Common-
wealth of Puerto Rico, Guam, American Samoa, the 
United States Virgin Islands, and the Commonwealth of 
the Northern Mariana Islands. 
‘‘SEC. 1103. DEFINITIONS. 
‘‘For purposes of this title, the following definitions 
apply: 
‘‘(1) FEDERAL EMPLOYEE.—The term ‘Federal 
employee’ means— 
‘‘(A) a political appointee; or 
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‘‘(B) a special Government employee as de-
fined by section 202 of title 18, United States 
Code. 
‘‘(2) POLITICAL APPOINTEE.—The term ‘polit-
ical appointee’ means an individual who is— 
‘‘(A) employed in a position described 
under sections 5312 through 5316 of title 5 
(relating to the Executive Schedule); or 
‘‘(B) a limited term appointee, limited 
emergency appointee, or noncareer appointee in 
the Senior Executive Service, as defined under 
paragraphs (5), (6), and (7), respectively, of 
section 3132(a) of title 5.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Congressional Budget and Impound-
ment Control Act of 1974 (2 U.S.C. 621 note) is amended 
by adding at the end the following new items: 
‘‘TITLE XI—RIGHT OF ACTION FOR VIOLATIONS 
‘‘Sec. 1101. Private right of action. 
‘‘Sec. 1102. Right of action of States and local agencies. 
‘‘Sec. 1103. Definitions.’’. 
SEC. 6. JUSTICIABILITY AND SEVERABILITY. 
(a) IN GENERAL.—Title X of the Congressional 
Budget and Impoundment Control Act of 1974 (2 U.S.C. 
686) is amended by inserting after section 1017 the fol-
lowing new section: 
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