Government Watchdog Finds Trump Has Illegally Impounded Funding for 4th Time in Recent Weeks
GAO finds Trump illegally impounded funding for K-12 schools across America to make energy efficiency upgrades—lowering schools’ costs and upgrading students’ classrooms
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 has—in violation of the Impoundment Control Act (ICA)—illegally impounded funding provided by Congress for the Renew America's Schools program, which was created on a bipartisan basis in the Bipartisan Infrastructure Law:
“It’s a day that ends in y—and that means President Trump is breaking the law to block funding that helps families and communities across the country.
“I don’t think a person in America was clamoring to cut off funding Congress provided on a bipartisan basis for schools to make upgrades to students’ classrooms—but that’s exactly what President Trump has done.
“Denying schools funding for energy efficiency upgrades that save them money isn’t just illegal, it’s stupid and harmful—and it’s time President Trump stop blocking this funding alongside all the other key investments he’s holding up.”
In its decision, GAO also highlighted how the Trump administration’s decision to pull down a public website detailing its spending decisions inhibited its ability to conduct its investigation—yet more evidence that claims by this administration of a commitment to radical transparency are a farce and another reminder of the importance that the website get restored, as the law requires and a court recently required the administration to do.
In its decision today, the GAO concluded that:
“Congress in IIJA created a grants program at DOE for energy efficiency improvements at public school facilities. …. DOE has obligated 17 percent of its FY 2025 funding and expended 0 percent. …. For FY 2026, OMB proposed canceling nearly $196 million ‘from unobligated balances made available for fiscal years 2022 through 2026 in the ‘Energy Efficiency and Renewable Energy’ account provided for Grants for Energy Efficiency Improvements and Renewable Improvements at Public School Facilities. …. We conclude that DOE violated the ICA by delaying the obligation of FY 2025 funds appropriated by IIJA for the Schools Program. …. The Constitution grants the President no unilateral authority to withhold funds from obligation.”
Presidents do not wield the power to unilaterally withhold or block investments that have been enacted into law through “impoundment.” This foundational principle has been affirmed time and again. The Impoundment Control Act of 1974 makes this plain and establishes limited procedures the president can and must follow to propose delaying or rescinding enacted funding. The ICA also charges GAO with the responsibility of investigating and reporting to Congress when the president illegally withholds funding.
The GAO has now acknowledged that it has opened 46 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 for electric vehicle charging;
· Its subsequent investigation in June concluding Trump is illegally impounding funding for museums and libraries across America; and
· Its recent July investigation finding Trump illegally impounded Head Start funding.
The ICA 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 June 3, President Trump is blocking at least $425 billion in funding owed to the American people.
###
Next Article Previous Article