Government Watchdog Concludes Trump is Illegally Impounding Funding—Senator Murray Responds
Washington, D.C. — Today, U.S. Senator Patty Murray (D-WA), Vice Chair of the Senate Appropriations Committee, issued the following statement on the Government Accountability Office’s (GAO) decision released this morning, which concludes that President Trump is illegally impounding funding approved by Congress in violation of the Impoundment Control Act (ICA):
“This legal decision affirms what we’ve long known: the President is breaking the law to block funding Congress passed on a bipartisan basis and that is owed to the American people—simply because he disagrees with it. This plain fact is unacceptable—and it cannot stand any longer.
“Congress passed the Bipartisan Infrastructure Law by wide margins and specifically provided funding for every state to build out a network of chargers for the electric vehicles that families are increasingly turning to and that are being made right here in America. These investments should be getting out the door—creating new jobs and helping Americans get where they need to go without interruption—but President Trump has illegally choked this funding off.
“These bipartisan investments need to start flowing immediately—as do the hundreds of billions of dollars in other investments President Trump is holding up. I don’t care about Russ Vought’s personal interpretation of our spending laws; the Constitution is clear, and President Trump simply does not have the power of the purse—Congress does.”
Presidents do not wield the power to unilaterally withhold or block investments that have been enacted into law through what’s known as “impoundment.” This foundational principal has been affirmed time and again. The Impoundment Control Act (ICA) of 1974 makes this plain and establishes limited procedures the president can and must follow to propose delaying or rescinding enacted funding—procedures Trump has not sought to use.
The Impoundment Control Act also charges the GAO with the responsibility to investigate and report to Congress when the president illegally withholds funding—as it has done today. In recent testimony to the Committee, the GAO acknowledged that it has opened 39 impoundment investigations and counting. Today’s announcement marks its first decision in one of those investigations. The ICA also authorizes the Comptroller General to file suit when the president illegally impounds funding.
Since his first hours in office, President Trump has illegally blocked funding owed to communities across the country through a variety of different means. Senate and House Appropriations Committee Democrats have been tracking Trump’s illegal funding freeze and found that, as of April 29th, President Trump is blocking at least $430 billion in funding owed to the American people. More information is available HERE.
In today’s decision, the GAO concluded the Department of Transportation (DOT) violated the Impoundment Control Act when it delayed expenditures for the National Electric Vehicle Infrastructure (NEVI) program that were required by law to be spent. Its decision states in part: “DOT is not authorized under the ICA to withhold these funds from expenditure and must continue to carry out the statutory requirements of the program. If DOT wishes to make changes to the obligation and expenditure of funds appropriated under the NEVI Formula Program, it must propose funds for rescission or otherwise propose legislation to make changes to the law for consideration by Congress. …. DOT’s withholding of NEVI Formula Program funds violates the ICA.”
The Bipartisan Infrastructure Law provided $5 billion in funding from fiscal year 2022 through 2026 for NEVI. The program provides funding to states to strategically create an electric vehicle (EV) charging network, which is critical to meeting new demand from American consumers. A 2024 study projected the U.S. would need 182,000 direct current fast chargers to accommodate the growing EV market—nearly triple the current capacity of just over 55,000. But President Trump has blocked all new obligations of funding for the program—blocking states from using these investments and hurting communities across America.
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