Fighting back against the Trump administration has been a theme for Maryland Democrats during this year’s legislative session, and they’re trying to take accountability measures one step further with the Federal Obligations Enforcement Act.
The bill would allow Maryland to place a lien on federal properties in the state and withhold payments to the federal government until delinquent state funds are paid out.
It would also authorize the Maryland Central Collection Unit — the state’s debt management agency — to collect any delinquent federal funds.
During floor debate in the House of Delegates on Thursday, Del. Anne Kaiser pointed to tens of millions of dollars in federal emergency funds that were recently denied to Maryland as a reason to back the bill.
“We are trying to get the federal government's attention for the lawless acts — this may do it. Our taxpayers deserve these legally determined funds,” Kaiser said.
In June 2025, Maryland requested that the Trump administration issue a Major Disaster Declaration after various communities within Allegany and Garrett counties were impacted by severe flooding.
Maryland’s threshold to qualify for Federal Emergency Management Agency (FEMA) funding is $11.6 million — Gov. Wes Moore’s office reports the state has validated more than $33.7 million in damages.
President Donald Trump denied the declaration request in July and Maryland unsuccessfully tried to appeal the decision, leaving the state with no further legal recourse options.
However, this bill wouldn’t actually help recuperate those specific funds — it would only apply when a court finds that the federal government is illegally withholding congressionally approved spending.
This scenario did happen recently in the case of withheld FEMA Building Resilient Infrastructure and Communities (BRIC) funding.
The BRIC program provides nationwide funding for proactive infrastructure fortification to protect against natural disasters.
Maryland was awarded over $80 million in BRIC funds between 2020 and 2023.
Trump announced the cancellation of the program in April 2025, but 22 states — including Maryland — sued the federal administration, arguing only Congress could vote to rescind the funding.
A federal judge ruled in favor of the states in December, deeming the halting of BRIC funds to be unconstitutional.
FEMA initially ignored that order, so states sued again to force the agency to comply, and the court ruled last month that FEMA must take concrete steps to revive the program and ensure states receive funding.
If the states didn’t opt to sue again for forced compliance, that would have been a scenario where the Federal Obligation Enforcement Act would kick in — when a court order demands that funds be released, but an agency ignores the order.
“We're at the top of the list, if not first, in states hurt by federal actions, especially the firing of people — federal employees — that was done in illegal ways,” Kaiser said. “I heard that the attorney general has all these cases, but there isn't a mechanism now in place to get that money that we are owed.”
Republicans argue the bill is likely unconstitutional, which included especially pointed remarks from House Republican Leader Jason Buckel (R-Allegany County) during floor debate.
“If you think that the state of Maryland can send its enforcement mechanism down to the Walter Reed Medical Center and put a chain on the door and post something up and say, ‘You owe me $100 million Mr. President, you can't use your hospital anymore until I get my money,’ you're crazy,” Buckel said.
GOP delegates voted in favor of an amendment that would have exempted various military installations from the proposed lien, as well as the NASA Goddard Space Flight Center.
“Why are we going after NASA when NASA is trying to keep our astronauts safe going around the moon?” House Republican Whip Jesse Pippy (R-Frederick County) said. “Why would anyone support placing a lien on Fort Detrick in District Three, which is the largest employer in Frederick County?”
The amendment failed largely on party lines.
The Senate has already passed the bill, and it has one more vote in the House before heading to the governor for signature.
