Government Watchdog Finds Trump Admin is Illegally Impounding Funding for Museums and Libraries Across America; 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 another Government Accountability Office (GAO) decision announced this morning, which concludes that President Trump is illegally impounding funding approved by Congress for the Institute of Museum and Library Services (IMLS), in violation of the Impoundment Control Act (ICA):
“Here again, it is clear as day President Trump is breaking the law to block funding Congress provided—in this case, we’re talking about investments in local museums and libraries in all fifty states.
“President Trump may not like the fact that Congress has, on a bipartisan basis, invested in helping kids learn at their local library—but that does not change the fact that he himself signed these investments into law, and they need to start flowing immediately. The president’s funding freeze isn’t just illegal; every day it continues, it hurts real people and communities across our country who are suffering the consequences as investments they count on get choked off.”
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 principle 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. The Impoundment Control Act also charges the GAO with the responsibility of investigating and reporting to Congress when the president illegally withholds funding. In testimony to the Committee this spring, the GAO acknowledged that it has opened 39 impoundment investigations and counting. Today’s announcement follows the GAO’s first decision in May in one of its ongoing investigations, which concluded Trump is illegally impounding funding. The ICA also authorizes the Comptroller General to file suit when the president illegally impounds funding.
IMLS was established and funded by Congress on a bipartisan basis to support museums, libraries, and similar entities in every part of the country through grants, research, and policy development. But earlier this year, President Trump signed an executive order calling for IMLS to be eliminated, which was followed by grant cancellations, delays in allocating required funds, and nearly all of IMLS' employees being put on administrative leave.
In its decision today, the GAO concluded that:
“IMLS has not responded to GAO’s requests for information regarding the potential impoundment of appropriated funds. Yet publicly available evidence, including sworn testimony, federal court cases, data on USAspending.gov, and information on IMLS’s website, indicates that IMLS withheld grant and other appropriated funds. Based on the available evidence and the lack of any special message pertaining to IMLS funds, GAO concludes that IMLS has violated the ICA by withholding funds from obligation and expenditure. GAO also concludes that IMLS violated the ICA by withholding funds that cannot be withheld under the ICA’s fourth disclaimer. …. The Constitution specifically vests Congress with the power of the purse, providing that ‘No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.’ The Constitution also gives Congress the exclusive power to legislate, and sets forth the procedures of bicameralism and presentment, through which the President may accept or veto a legislative bill passed by both houses of Congress, and Congress may subsequently override a presidential veto. This process does not grant the President the authority to pass his own laws or to ignore or amend a law duly enacted by Congress. .... If IMLS wishes to make changes to the appropriation provided to IMLS, it must propose funds for rescission or otherwise propose legislation to make changes to the law for consideration by Congress.”
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 June 3, President Trump is blocking at least $425 billion in funding owed to the American people.
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