Remedy in the case of violations of Congressional 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: XI Right of Action for Violations 1101. Private right of action (a) In general Any person 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 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 injunction, 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 expert fees), and costs. Damages shall amount to the 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 awarded under paragraph (1). (3) Personal liability A Federal employee shall be personally liable for the payment of any damages awarded in an action under this section in the case of a knowing violation of this Act. (4) Waiver of immunity A Federal employee 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 immunity, or any other source of law from an action in a United States district court of competent jurisdiction challenging such violation. 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 government (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 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 injunction, restraining 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) aggrieved by a violation under subsection (a) may recover equitable and legal relief (including compensatory 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 awarded under paragraph (1). (3) Personal liability A Federal employee shall be personally liable for the payment of any damages awarded in an action under this section in the case of a knowing violation of this Act. (4) Waiver of immunity A Federal employee 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 immunity, or any other source of law from an action in a United States district court of competent jurisdiction challenging such violation. (c) State defined In this section, the term State includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. 1103. Definitions For purposes of this title, the following definitions apply: (1) Federal employee The term Federal employee means— (A) a political appointee; or (B) a special Government employee as defined by section 202 of title 18, United States Code. (2) Political appointee The term political 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 Impoundment 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..